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- <text id=94TT1199>
- <title>
- Sep. 05, 1994: Justice:Not in My Backyard!
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Sep. 05, 1994 Ready to Talk Now?:Castro
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- JUSTICE, Page 59
- Not In My Backyard!
- </hdr>
- <body>
- <p> Citizens rally to keep paroled murderers and sex offenders from
- settling in their communities
- </p>
- <p>By Jill Smolowe--Reported by Lisa H. Towle/Raleigh and Tom Witkowski/Boston
- </p>
- <p> Police Captain Kevin Collins sputters with outrage when he speaks
- of the night five years ago when 15-year-old Craig Price murdered
- Joan Heaton and her two daughters in their home. "We think of
- what these little kids went through...that screaming...that unmerciful attack." When police arrived at the Heaton
- house in Warwick, Rhode Island, they found three broken bodies:
- Joan, 39, had been stabbed 11 times, strangled and bitten in
- the face; Jennifer, 10, had been knifed 62 times; Melissa, 8,
- had eight stab wounds and a crushed skull.
- </p>
- <p> Collins and many citizens are determined that Price will never
- return to Warwick--or any other community, for that matter.
- Price is scheduled to be released in October, when he turns
- 21. Because he was a juvenile when he committed those murders--and a fourth one in 1987--Rhode Island law requires that
- Price be set free when he reaches the age of majority, and that
- his juvenile criminal record be sealed. "A four-time killer
- can get out and buy a gun. He can work in a day-care center.
- He can drive a bus," says Collins. "What a birthday present
- that is." To thwart that possibility, Collins and the victims'
- relatives have launched a grass-roots effort to keep Price behind
- bars. The group has flown planes over four states, towing banners
- that read: KILLER CRAIG PRICE; FREE OCT. 11, 1994, MOVING TO
- YOUR CITY? BEWARE. They've gathered signatures demanding that
- Price be kept in prison. And they are planning a national ad
- campaign that Collins hopes will make Price's name a household
- word.
- </p>
- <p> The Rhode Island effort is not a lone crusade. Citizens are
- increasingly taking up the environmental battle cry of NIMBY--not in my backyard!--and rallying to block former convicts
- from settling in their communities. Local groups are pressing
- state assemblies for tougher detention laws and parole conditions.
- When legislators don't respond quickly enough, citizens take
- it upon themselves to sound the alert. As a direct result, more
- and more states are enacting laws that put the interests of
- the community before the rights of ex-prisoners. The laws, says
- Patrick Stafford of the Southern Legislative Conference, are
- "very representative of the fundamental shift in the approach
- to crime. Not so long ago, it was `Early release, early release!
- Prisoners' rights, prisoners' rights!'" The new mood, says
- Stafford, is "concern for those people the offender hurt."
- </p>
- <p> The loudest demand is for notification laws that alert citizens
- when a sex offender is about to be released into their community.
- At present, 38 states require that local police be notified
- when a release is imminent. Last week New Jersey legislators
- scrambled to answer citizens' demands for a law that would require
- authorities to notify community members as well. The outcry
- for the so-called Megan's Law follows the July 29 rape and murder
- of seven-year-old Megan Kanka. Paroled child molester Jesse
- Timmendequas, who has been charged with the crime, had been
- living across the street.
- </p>
- <p> One of the bills under debate in Trenton echoes a "sexual predators"
- provision in the crime bill approved by Congress last week,
- which requires certain offenders to check in with police every
- 90 days for the rest of their lives. The New Jersey proposal
- would require police to notify neighbors, schools, churches,
- youth groups and the media within 45 days of an ex-offender's
- moving into a neighborhood. Governor Christine Whitman, who
- wants community notification only when an inmate is "really
- at risk of committing these kinds of offenses again," argues
- that too broad a law risks deluging the police with paperwork.
- Whitman would prefer to follow the lead of Washington State,
- whose notification laws are touted as model legislation. Those
- provisions strive to match the extent of the notification with
- the nature of the offender's crime and his chances of becoming
- a repeat offender. Residents learn of an ex-prisoner's presence
- in the community in about 20% of the cases; only the police
- are notified in the remaining cases.
- </p>
- <p> Even so, the state has suffered from some vigilante-style abuses.
- In July 1993 the home of convicted child rapist Joseph Gallardo
- was burned to the ground after citizens in Snohomish County
- learned he was about to be paroled. "When things like that happen,
- you jeopardize the ability of the person to ever readjust to
- community life," says Stephen Bright of the Southern Center
- for Human Rights. Such a reaction "enhances the chance they'll
- return to crime," he warns. Civil libertarians contend that
- notification laws are unconstitutional and have the effect of
- illegally keeping people in custody after they have served their
- sentences. However, such arguments carry little weight with
- people like relatives of the Heatons whose determination is
- that it must never happen again.
- </p>
- </body>
- </article>
- </text>
-
-