Innocent man may be labeled a sex offender for 'rest of his life'

[Anti Federalist]

Turning Jefferson's thoughts on guilt and innocence on it's head.

Just another day in the land of the phree...



Innocent man may be labeled a sex offender for 'rest of his life'

by ERIC WILKINSON / KING 5 News

KING5.com

Posted on July 21, 2010 at 4:08 PM

Updated Wednesday, Jul 21 at 5:25 PM

http://www.king5.com/news/Innocent-man-may-be-linked-to-sex-offender-for-rest-of-his-life-98943394.html

PORT ORCHARD, Wash. -- It has been a nightmare for Dan Wheeler for 15 years. It started with his wallet being stolen from his truck, and his identity stolen. Usually the trouble that follows has to do with bank or credit fraud, but Wheeler says his identity was stolen by a sex offender who was arrested and used Wheeler's name as an alias.

"It's been absolutely miserable," said Wheeler.

About five years ago the Port Orchard man was stopped for making an illegal left turn.

"The officer told me to get out of the car and I was under arrest," said Wheeler. "I asked why and he said I was a wanted sex offender. I couldn't believe it."

Since then, Wheeler has been fighting desperately to get his identity back. He has a difficult timing getting any kind of job that involves a background check, and was recently rejected as a foster parent -- all because of a case of stolen identity.

"I've been to police and prosecutors and they all tell me there's nothing that can be done," said Wheeler.

He may be right. A spokesman for the Washington State Patrol, which handles the State Sex Offenders Database, says when someone is arrested and uses an alias, that alias is kept on file forever. The concern is that if authorities delete the alias, the criminal could go back to using it again.

Wheeler doesn't know where to turn. For now, he just hopes he gets the job he recently applied for, as a maintenence worker at an assisted living facility.

"But they require a background check," he said. "Who knows if they'll believe me?"

[John Taylor]

.

"I've been to police and prosecutors and they all tell me there's nothing that can be done," said Wheeler.

He may be right. A spokesman for the Washington State Patrol, which handles the State Sex Offenders Database, says when someone is arrested and uses an alias, that alias is kept on file forever. The concern is that if authorities delete the alias, the criminal could go back to using it again.

Wheeler doesn't know where to turn. For now, he just hopes he gets the job he recently applied for, as a maintenence worker at an assisted living facility.

"But they require a background check," he said. "Who knows if they'll believe me?"

I have a few initial recommendations...

FIRST: Don't get advice on legal defense from a prosecutor who is handling your case, or who could be an opponent in a civil suit...

SECOND: Get independent legal advice from a competent, private, defense attorney.

THIRD: Contact the ACLU or a similarly situated group in the area who specialize in civil liberties litigation.

[BuddyRey]

That's outrageous!

If I were in his shoes, I think I'd try to drop by my county sheriff's office as often as possible and just be a general annoyance (asking questions, knocking on doors, etc.) until they caved and had my name removed. Don't his "representatives" care that they're ruining a completely innocent man's life?

[Anti Federalist]

SECOND: Get independent legal advice from a competent, private, defense attorney.

The guy's trying to land a job as a janitor in an old folks home.

I doubt he'd have the money for that.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. - Anatole France

[UtahApocalypse]

digusting

[John Taylor]

The guy's trying to land a job as a janitor in an old folks home.

I doubt he'd have the money for that.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. - Anatole France

Very troubling. He should write a very short letter describing his situation, and should mail it to the largest and best known civil liberties plaintiff's attorneys in the state, and should send a copy to the ACLU and ACLJ.

What a wonderful quote that is. Truly, it explains the distinction between equal opportunity and equal result in one pithy sentence.

[nate895]

The guy's trying to land a job as a janitor in an old folks home.

I doubt he'd have the money for that.

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. - Anatole France

He should start a legal defense fund. I'd give $25, but that's about all I can spare at the moment.

[Dr.3D]

Seems to me, like he needs to legally change his name, so as it wouldn't be on that list anymore.

[tpreitzel]

Again, the primary problem is our corrupt system's obsession with identity.

[Anti Federalist]

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[Standing Like A Rock]

Seems to me, like he needs to legally change his name, so as it wouldn't be on that list anymore.

That's exactly what I was thinking.

[Golding]

That's exactly what I was thinking.And then if something like this happens to him under his new name? Will he have to change his identity for the sake of a flawed system again?

This just demonstrates that this kind of list where names can easily go on but can never be taken off is inadequate. It's a system that is sold to the public in preventing harm to people. So it should be expected not to harm people, itself.

[CCTelander]

Just one of many, MANY telling indictments against the American INjustice system.

Aren't monopolies imposed by force great?

[Rael]

And then if something like this happens to him under his new name? Will he have to change his identity for the sake of a flawed system again?



The system needs to be changed, but that is no reason for him not to take direct action to remedy his problem, perhaps starting with a name change. He can take up a crusade to change the law after he first takes advantage of the things he does have control of to improve his situation.

[Anti Federalist]

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[ammorris]

I'm not sure a name change would help. He would still be linked to his old name, so it would probably still show up on the background check. Otherwise, real criminals could just change their names to get off the list.