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Judge throws out sex offender rules
The Des Moines Register ^ | 02/10/2004 | Mark Siebert

Posted on 02/10/2004 3:57:45 AM PST by Therapist

Edited on 05/07/2004 6:40:37 PM PDT by Jim Robinson. [history]

A federal judge Monday ruled that Iowa's law prohibiting sex offenders from living within 2,000 feet of a school or child-care center is unconstitutional.

The Iowa Legislature enacted the law in 2002 in an effort to keep sexual predators away from children.


(Excerpt) Read more at desmoinesregister.com ...


TOPICS: Crime/Corruption; Government; US: Iowa
KEYWORDS: clinton; judicialsystem; pedophilia; sexoffender
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A Clinton appointed federal judge ruled that Iowa's law was too hard on pedophiles. (pun intended)

Unfortunately, this scum of the earth doesn't receive the Sicilian Solution (Badabing, badabing) and then we wouldn't have to worry about housing these freaks next to our children.

1 posted on 02/10/2004 3:57:46 AM PST by Therapist
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To: Therapist
Thanks to another liberal federal judge and the evil ACLU, child molesters have more rights than children. After all its considered trendy to be compassionate to criminals. This from the same folks who always justify every other government abridgement of our liberty as being "for the children."
2 posted on 02/10/2004 4:02:27 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Therapist
We could save ourselves all this trouble and conflict over "re-integrating" these losers into society merely by increasing the penalties for the crimes they commit, and passing "no parole" laws for sexual offenses.

The old lock 'em up and throw away the key method.
3 posted on 02/10/2004 4:04:42 AM PST by jocon307 (The dems don't get it, the American people do.)
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To: jocon307
We already do that. To liberals however that as well as the death penalty is inhumane to their felon voter base.
4 posted on 02/10/2004 4:07:43 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Therapist
This is the same judge that overturned Iowa's ban on PBA. He obviously holds children in the highest regard.
5 posted on 02/10/2004 4:12:56 AM PST by babaloo
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To: jocon307
The old lock 'em up and throw away the key method.

Flame away, but I have a problem with the government telling a prisoner that they are going to be incarcerated for 10 years, having them serve their sentence, and be allegedly integrated into society only to have themselves placed on a list that was not a part of their original sentence. It stinks of ex post facto to me.

As far as a sex offender registry goes, why not a murder registry, a spousal battery registry, a felonious assault registry, the list could go on and on to the slippery slope of eroding the whole underlying purpose of our criminal justice system -- be it rehabilitation or recidivism.

To me, it's one thing to say, you know what criminal X? You committed a sexual assault, your sentence is 20 years, and for 10 years afterwards you go on this sex offender list. It's totally different situation to keep adding penalities after sentencing has been completed.

Again, I realize I am probably in the minority here. And it's horrible what sexual predators do to people. Sentences should be stiff and severe for those that commit a sexual assault. However, I have a serious problem with the government making and changing up the rules of the game as they go along because it fits the political whim of the time without much regard to the Constitution and due process of law.

6 posted on 02/10/2004 4:18:26 AM PST by GAGOPSWEEPTOVICTORY
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To: GAGOPSWEEPTOVICTORY
Flame away, but I have a problem with the government telling a prisoner that they are going to be incarcerated for 10 years, having them serve their sentence, and be allegedly integrated into society only to have themselves placed on a list that was not a part of their original sentence. It stinks of ex post facto to me.

You won't get a flame from me. I agree.

The same "logic" is applied to gun owners: No possession allowed within 1000 ft of a school. This also shrieks of ex-post-facto.

7 posted on 02/10/2004 4:22:13 AM PST by Lazamataz (I know exactly what opinion I am permitted to have, and I am zealous -- nay, vociferous -- in it!!!)
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To: Lazamataz
I know what you're thinking. But child molesters are seen as cuddly next to gun owners. Ask yourself which group the Left hates and fears more and you'll grasp why the latter is treated more harshly than the former.
8 posted on 02/10/2004 4:23:49 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Lazamataz
The only issue that I have with registration of sex offenders is that they are alive to have to do it. If they were all dead and buried it would be much easier to assure that they would not pose any more problems and if that makes you feel sorry for the molesters then how about castration?
9 posted on 02/10/2004 4:28:49 AM PST by VoteHarryBrowne2000 (my $.02)
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To: VoteHarryBrowne2000
How about the death penalty for them? Jesse Jackson and Mike Farrell won't hear of it.
10 posted on 02/10/2004 4:29:54 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Therapist
We must legislate mandatory life sentences for these chickenhawk perps. By stripping judges of soft alternatives, we shall see which blackrobes act to usurp law for their own agendas. Impeach and remove blackrobes who refuse to stay in their place, constrained by LAW.
11 posted on 02/10/2004 4:31:59 AM PST by SevenDaysInMay (Federal judges and justices serve for periods of good behavior, not life. Article III sec. 1)
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To: GAGOPSWEEPTOVICTORY
I agree. You pay your debts, you should be free. First it's child rapists. Then it'll be pot smokers. Next, when Hillary (or a clone) becomes President, it'll be gun owners and Freepers.

What gets my goat, however, is that the state apparently feels that the offenders are still a THREAT, but lets them out of jail anyway. Does anybody really believes that a child molester can be "cured"?

It's the state fault for not locking the child molesters up for life.
12 posted on 02/10/2004 4:33:03 AM PST by Nataku X
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To: Nakatu X
Excuse the pre-coffee grammar.
13 posted on 02/10/2004 4:34:40 AM PST by Nataku X
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To: Lazamataz
The same "logic" is applied to gun owners: No possession allowed within 1000 ft of a school. This also shrieks of ex-post-facto.

Couldn't agree with you more on that issue. Like owning a home and having a gun within 1000 feet of a school is somehow going to affect what goes on across the street. And taking away guns out of the hands of otherwise lawful gun owners is a travesty against the Constitution.

If you go and use the gun it will, but in that case, does it matter if you live 1,000 feet or 10 miles away? And start shooting at people at school? no.

14 posted on 02/10/2004 4:36:47 AM PST by GAGOPSWEEPTOVICTORY
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To: Nakatu X
How do you cure a child molester? I do not think you can. Another troubling issue is that these guys often move to crummy areas of town where the residents with kids do not have the financial assets to move. Why should they have to when they have done nothing wrong?
15 posted on 02/10/2004 4:38:47 AM PST by babaloo
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To: Nakatu X
How do you cure a child molester? I do not think you can. Another troubling issue is that these guys often move to crummy areas of town where the residents with kids do not have the financial assets to move. Why should they have to when they have done nothing wrong?
16 posted on 02/10/2004 4:39:33 AM PST by babaloo
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To: babaloo
How do you cure a child molester? I do not think you can. Another troubling issue is that these guys often move to crummy areas of town where the residents with kids do not have the financial assets to move. Why should they have to when they have done nothing wrong?

It's not like most violent ex-convicts can live in swanky Beverly Hills or tony Chappaquah, NY after they are released into the general population, including sex offenders.

I understand the purpose of the sex offender list. I am not opposed to the list per se. I am only opposed to it as to those sex offenders on the list for which the registry wasn't a condition of their sentencing.

To answer your question, short of moving, you can tell your children to stay away from the dude at 123 Main Street because he is a bad man.

As far as curing a child molester goes, that's not an easy question. Perhaps, they shouldn't be set free so quickly in the first place.

17 posted on 02/10/2004 4:46:22 AM PST by GAGOPSWEEPTOVICTORY
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To: babaloo
Yep... another good point re: housing. That the state knows that the sex offender is still a threat, and let them out anyway, is criminal.

Remove them from society as long as they live, period.
18 posted on 02/10/2004 4:47:09 AM PST by Nataku X
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To: GAGOPSWEEPTOVICTORY
Our friend the federal judge in Iowa never heard of a fellow named Joseph P. Smith who surfaced this past weekend in the news.
19 posted on 02/10/2004 4:48:06 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
Maybe Joseph P. Smith shouldn't have been let out of prison to begin with given his record. But was Smith even a sex offender? I see drugs and battery from some of the newspaper articles, but no evidence of sexual assault.

Let's face it, you can't protect your children from every piece of scum out there. But it helps if the government keeps the scum behind bars once they commit multiple offenses.
20 posted on 02/10/2004 4:54:45 AM PST by GAGOPSWEEPTOVICTORY
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To: goldstategop
Libs and social engineers have been compassionate to criminals for 40+ years, all it's gotten us is more dead children and more raped women and children. hanoi john is against the death penalty.
21 posted on 02/10/2004 5:02:35 AM PST by GailA (Millington Rally for America after action http://www.freerepublic.com/focus/f-news/872519/posts)
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To: GAGOPSWEEPTOVICTORY
"[I]t's one thing to say, you know what criminal X? You committed a sexual assault, your sentence is 20 years, and for 10 years afterwards you go on this sex offender list. It's totally different situation to keep adding penalities after sentencing has been completed."

I don't disagree with you. And you make a good point about murderer lists, etc. This is why I think lawmakers should keep it simple (stupid! as they say) and increase the jail time given for these types of offenses, and keep the felons incarcerated for their entire sentance.

Of course, I think everyone who gets say 7-10 years should be in jail for AT LEAST 7 years, not 3, not 2 1/2, but 7, or maybe even 10.

And I agree, ex-post facto is not OK, but it sounds like the judge threw out the whole law, even as it would apply going forward.
22 posted on 02/10/2004 5:19:01 AM PST by jocon307 (The dems don't get it, the American people do.)
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To: GAGOPSWEEPTOVICTORY
Smith was found innocent of a previous snatch and grab on the street. He claimed he was just helping the woman he intended to murder across the street.
23 posted on 02/10/2004 5:20:48 AM PST by sgtbono2002 (I aint wrong, I aint sorry , and I am probably going to do it again.)
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To: jocon307
I'd be curious to read the decision as to see exactly how the judge struck down the law. But if the plain text of the statute made it apply retroactively, he would have no choice but to strike down the law in its entirety, no?

I also can't figure out how the offender gives testimony about himself on the basis that he was already convicted of the crime and the list states a mere fact that he was convicted of that crime. The offender isn't offering a thing. Again, I probably need to look at the Iowa law though.

As far as harsher sentencing for violent offenders, I agree 100%. Seven years should mean seven years. The fortunate thing, is it seems like sentencing in this country is becoming more formula based and stringent where you can't get away with serving three years on a 7-10 anymore.

Three strikes and you're out for violent crimes should also be considered and enacted in most states where it hasn't been already. I am not talking about three drug dealing/using convictions here, but violent crime.
24 posted on 02/10/2004 5:32:24 AM PST by GAGOPSWEEPTOVICTORY
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To: Therapist
Another example that we are sliding into a dictatorship of judges. We should not be concerned about the type of government other countries have. Instead, we should focus on our own.
25 posted on 02/10/2004 5:44:34 AM PST by Dante3
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To: Therapist
If this Judge (?) feels so sorry for them, let all the perverts live with him.
26 posted on 02/10/2004 5:58:30 AM PST by chiefqc
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To: babaloo
The only "cure" for a pedophile is provided by Mr. Smith and Mr. Wesson.
27 posted on 02/10/2004 7:42:09 AM PST by Therapist
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To: GAGOPSWEEPTOVICTORY
"The offender isn't offering a thing."

If he's required to register with the local authorities, then he's offering his record to be made available to the public at large. Because of this action, initiated by the offender, his liberties are curtailed.

This would fall under self-incrimination.

I agree with you -- why stop with child molesters? I would also like to know if the person moving into my neighborhood has been convicted of rape, burglary, assault and battery, etc.

Some on this board are calling for life sentences or even the death penalty for these crimes. Given that "inappropriate touching" will vault you into the child molester category, I fear the molester, faced with life in prison or the death penalty, will go much further.

Recall the phrase, "Have you ever heard of the 'Little Lindbergh' Law?"

28 posted on 02/10/2004 7:49:13 AM PST by robertpaulsen
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To: GAGOPSWEEPTOVICTORY
You are right about the whole law being useless depending on the wording. I didn't get the point about the self-incrimination either, that seemed silly. A conviction is part of the public record, so I don't see how one could avoid revealing it.

I live in NJ and I am of the impression that this whole sex-offender registry thing got started out here in a response to the murder of Meagan Kanka. It was clear at the time that it was bi-partisan knee-jerk grand standing on the part of pols who wanted to be seen as doing SOMETHING! The problem is, like so many other folks these days, they didn't want to be bothered to take the time and make the effort to do something good and effective.

And of course, when the leftists and the criminals start howling in protest, well, look how anti-crime one looks then.
29 posted on 02/10/2004 7:56:04 AM PST by jocon307 (The dems don't get it, the American people do.)
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To: GAGOPSWEEPTOVICTORY
"As far as a sex offender registry goes, why not a murder registry, a spousal battery registry, a felonious assault registry, ..."

This has been my objection to the Sex Offender Registry from the very beginning. Here in TN, the Registry applies to ALL crimes involving sex, not just kids. But it doesn't apply to murder or any other capital crime, robbery, burglary, violence/assault/battery, you name it. By George W., I'd for sure want to know if someone who had been convicted of THOSE crimes had moved in next door or across the street a long time before I'd care about whether he'd ever made a sexual misstep and served his sentence.

The whole idea of a sex-offender registry somehow vaults sex crimes to the position of being more "important" than all other crimes, even more serious than murder and mayhem. Something along the lines of "He may have murdered her, but at least he didn't rape her." What kind of convoluted logic is that?

I brought this subject up to a local newspaper columnist the other day, and all she could say was "Good points." She had no rebuttal.

Michael

30 posted on 02/10/2004 8:03:50 AM PST by Wright is right! (It's amazing how fun times when you're having flies.)
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To: Devil_Anse; hellinahandcart; cyncooper; redlipstick; tetelestai; Ditter; ChiefRon; Starshine; ...
A federal judge Monday ruled that Iowa's law prohibiting sex offenders from living within 2,000 feet of a school or child-care center is unconstitutional
31 posted on 02/10/2004 8:04:20 AM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: Therapist
Thanks for posting this.. We all may need therapy just by reading every single unnecessary, idiotic "ruling" or "law" that makes absolutely no sense what-so-ever. Heck, pedophiles must have rights too....


GRRRRRRRR!!!
32 posted on 02/10/2004 8:09:29 AM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: Devil_Anse; hellinahandcart
If someone posts that they know someone..there is no telling what could happen out of this. >:-(
33 posted on 02/10/2004 8:10:54 AM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: ~Kim4VRWC's~
You have got to be kidding me.

34 posted on 02/10/2004 8:11:18 AM PST by cyncooper
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To: ~Kim4VRWC's~
And a reminder that President Bush must be re-elected. Just look at what kind of judges Clinton appointed.
35 posted on 02/10/2004 8:13:12 AM PST by cyncooper
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To: Therapist
I have a much better sexaul offender law.

It's called a gun. It can be applied retroactively as well.

36 posted on 02/10/2004 8:15:24 AM PST by The Black Knight
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To: Nakatu X
Child molestors and gun owners have more in common than most people think.

Very few gun owners commit crimes with their guns but the media would have the sheeple think that every gun owner is a criminal simply waiting for opportunity. And the recidivism rate for child molestors is actually quite low, though-- again-- the media would have us believe otherwise.

I recently had an old friend commit suicide. After his funeral I recieved a floppy disk with a long explanation on it. I seems that he had molested a child once, 35 years ago, served his time and rebuilt his life. After all that time, his past caught up with him and the State decided that he had to register as a sex offender and post a sign in his window to warn his neighbors. He chose death as a lesser punishment.

In his long and rambling essay, he pointed out repeatedly that he had never re-offended but that every time he was required to admit to his record, he was discriminated against and treated like an old-fashioned leper.

He was a good friend and a good family man. He left a loving wife (who knew of his record before they were married), two children and a number of close friends.

So, in spite of popular opinion, some CAN BE cured and rehabilitated.

37 posted on 02/10/2004 8:15:30 AM PST by oldfart ("All governments and all civilizations fall... eventually. Our government is not immune.)
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To: GAGOPSWEEPTOVICTORY
I agree as well. Encouraging the open mistreatment of others (like tagging "drunk driver" plates) is an incredibly bad idea, not to mention government-sanctioned public discrimination against a specified group. If they aren't "safe", they shouldn't be out. If they are out, they should not be targeted for unequal treatment.
38 posted on 02/10/2004 8:16:22 AM PST by Teacher317
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To: oldfart
Speaking of guns, there is a reason why Americans have the right to bear arms.

Have people forgotten what that reason is?

39 posted on 02/10/2004 8:18:17 AM PST by expatguy
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To: Therapist
They are either too dangerous to not be behind bars, or they have the same rights as anyone else. There is no middle ground. Can't have it both ways.

The judge was swayed, in large part, by the evidence that this is a foolish restriction that doesn't work," Wilson said Monday.

Of course it doesn't work. If the person is a sicko, as long as he/she can access children, NO law will work.

To insure people convicted of molesting children don't do it again, you keep them in prison, not make some silly law saying where they can live once they are determined to be no threat to society.

40 posted on 02/10/2004 8:19:07 AM PST by freedomluvr1778
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To: cyncooper
AMEN! and of course, we all know that that FEDERAL RULING can affect the rest of the states..and sex offenders who want to live ahem..closer to schools etc..
41 posted on 02/10/2004 8:25:55 AM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: expatguy
Most have, but even those who do remember are cowed by the thousands of 'feel-good' laws which allow criminals to sue them for protecting themselves, their families and their property.
42 posted on 02/10/2004 8:28:32 AM PST by oldfart ("All governments and all civilizations fall... eventually. Our government is not immune.)
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To: ~Kim4VRWC's~
No, the law makes PERFECT sense.
43 posted on 02/10/2004 8:40:02 AM PST by Jaded (Personally, I think they should bring back flogging and burning at the stake. /so)
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To: Lazamataz
Pedophiles are not "cured" by prison. That's why.
44 posted on 02/10/2004 8:44:05 AM PST by AppyPappy (If You're Not A Part Of The Solution, There's Good Money To Be Made In Prolonging The Problem.)
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To: Jaded
Yes, perfect sense only to nambla members!
45 posted on 02/10/2004 8:50:56 AM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: Therapist
O'Reilly! Paging Bill O'Reilly...

This jerk-off judge probably has a kiddie porn library at home.....Hey, it can happen....

The then main weatherman in Atlanta (Russ Minshew-WSB TV) had a car trunk full of kiddie porn mags, this was pre-internet maybe a dozen years ago.
46 posted on 02/10/2004 9:25:03 AM PST by citizen (Write-in Tom Tancredo President 2004!)
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To: citizen
O'Reilly! Paging Bill O'Reilly...

Oh, I don't know about that. Did you happen to see last week(Friday maybe) when he had the female prosecutor from Florida on the show(via video feed)?

47 posted on 02/10/2004 9:28:41 AM PST by freedomluvr1778
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To: ~Kim4VRWC's~
Jeepers... Thanks for the ping!
48 posted on 02/10/2004 9:55:53 AM PST by Alamo-Girl
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To: oldfart; Jackie-O
"And the recidivism rate for child molestors is actually quite low"

Got some stats to back that up?

49 posted on 02/10/2004 12:13:55 PM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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To: AppyPappy
And pedophiles will tell you that they can't be cured...they have to learn to control their urges. (ha ha)
50 posted on 02/10/2004 12:15:22 PM PST by Freedom2specul8 (Please pray for our troops.... http://anyservicemember.navy.mil/)
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