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GENERAL-RKBA Digest 354
Topics covered in this issue include:
1) CRIMESTRIKE: Federal Stalking Law Nabs First by NRA Alerts
2) FAXALERT: NRA-ILA Takes On United Nations... Again! by NRA Alerts
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Topic No. 1
Date: Fri, 24 Apr 1998 18:07:19 -0400 (EDT)
From: NRA Alerts
To: general-rkba-real.nra
Subject: CRIMESTRIKE: Federal Stalking Law Nabs First
Message-ID:
NRA CrimeStrike's
CrimeWatch Weekly
Breaking news on critical crime-fighting
issues, policies and legislation
Vol. 4, No. 16 APRIL 21, 1998
Federal Stalking Law Nabs First
On April 2nd, Frank R. Odom, 52, of Montgomery, AL, became
the first person convicted and sentenced under the 1996 federal
interstate anti-stalking law for incidents relating to domestic
violence, according to the National Law Journal. The law targets
individuals who cross state lines with the intent to injure and
harass.
Odom was convicted of stalking his ex- wife and three grown
sons in Texas, and received 20 years in prison a $50,000 fine.
"The fact that it took two years for someone to be
prosecuted for breaking the federal stalking law doesn't mean
stalking isn't a serious crime," said CrimeStrike Director
Elizabeth Swasey. "Rather it means that like 98% of crime,
stalking is a state issue. After all, since California passed
the first one in 1990, all 50 states have put stalking laws on
their books. No matter how much posturing the President might
do, crime is a serious issue, but not a federal one," said
Swasey.
Court Order Just "A Piece Of Paper"
To Prosecutor, Stalker
Joelle Walters Terry, 31, arrived at her mobile home in
rural Lewistown, MD last Tuesday to find it ransacked and
burglarized. She immediately suspected her ex-boyfriend, Douglas
Jett, against whom she had recently secured a court order of
protection.
Ms. Terry immediately filed a report with the county
sheriff's office, requested an escort home, and waited while
deputies searched her trailer and the surrounding area. Finding
nothing, they left.
According to Frederick County prosecutor, Scott Rolle,
Douglas Jett pulled up moments after the deputies left, broke
into his ex-girlfriend's home, and advanced toward Terry. When
Jett refused to stop, Ms. Terry fired her handgun, fatally
wounding Jett.
Ms.Terry reported the incident to 911, and authorities then
seized her gun and arrested her for 2nd degree murder. She was
released on $20,000 bond. Rolle said he will present Ms. Terry's
case to the grand jury, but these "good citizens of the county"
will decide if prosecution will proceed.
Rolle added that "Protective orders are only so
effective... It's basically a piece of paper. It doesn't
physically keep abusers away." He added that, in light of
Douglas Jett's prior history of violating Ms. Terry's restraining
order, and the alleged crimes against Terry that caused the court
to grant it...I believe that self-defense will be a major factor
in the case"
National Crime Victim's Week
Coincides With CA Testimony
This week, April 19-26, marks the 14th annual National Crime
Victim's Week. This bodes well in CA, where testimony will be
heard today on AB 2071 in the Assembly Judiciary Committee. The
bill is sponsored by Assemblyman Howard Kaloogian, and based on
CrimeStrike's model, "Crime Victim's Protection Act," which
would prohibit criminals from winning damage awards against their
victims for injuries sustained during the commission of a violent
crime.
Breaking In Is Hard To Do
According to USA Today, four inmates were caught trying to
break back into the Federal Prison Camp at Leavenworth, KS, after
carousing with three women in a nearby hotel. Officials said the
men slipped out on Sunday, the 12th of April, by crawling under
one fence and over another, but were observed sneaking back in
hours later.
USSC To Rule On Gang "Loitering"
Law In Chicago
In 1992, the Chicago City Council adopted an ordinance
allowing police officers to order any group of persons in a
public place to disperse if the officer "reasonably believes"
someone in the group is a member of a street gang. Refusal to
"disperse" is punishable by six months in prison, a $500 fine, or
up to 120 hours of community service.
City officials contend that the ordinance breaks up gang and
drug activity, while others say officials are going too far,
punishing innocent behavior and infringing upon the
constitutional right of the people to assemble peaceably, as
guaranteed by the First Amendment.
The Illinois Supreme Court ruled that the law was vague, and
violated constitutional due process.
The Supreme Court agreed to hear the case, Chicago v.
Morales, in the term that begins this October and is expected to
issue a ruling sometime next year.
PLEASE CALL FOR A FREE COPY OF
"ATTACKING GANGS, NOT CIVIL RIGHTS,"
BY NRA'S TANYA K. METAKSA
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This information is provided as a service of the National Rifle
Association Institute for Legislative Action, Fairfax, VA.
This and other information on the Second Amendment and the NRA is
available at: http://WWW.NRA.Org
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