Sex offenders
back online

204 of the 219 names removed
are found to belong on the list

Most of the names that were recently removed from the state's sex offender Web site were re-posted after a review determined that those listed had been convicted of felony crimes involving minors.

Of the 219 sex offenders whose names and addresses were removed from the state Web site two weeks ago, 204 were back on the site by the end of last week. Their convictions had been reviewed by the Department of the Attorney General.

More than 1,400 names were added to the Web site after Gov. Linda Lingle enacted a law on May 9 clarifying whose information could be immediately posted online. But Attorney General Mark Bennett decided to remove the names of offenders convicted of more than one Class C felony sexual offense in case the convictions stemmed from the same incident.

His office originally reviewed 229 sex offenders and pulled 219 for further review. Of 204 names placed back on the Web site, about 166, more than 81 percent, had been convicted of felony crimes involving sexual abuse or sexual assault of children under 14 years old.

"Each of the offenders was a statutory 'aggravated sex offender,' who are subject to public access despite the number of convictions they have on their criminal record," according to a news release sent yesterday by the Department of the Attorney General.

"The fact that so many of these offenders sexually abused children demonstrates yet again the importance of public access to this information. Parents who know where convicted child molesters live can make more informed decisions about their children's safety," Bennett said in a written statement. "We will be adding information to the Web site on whether an offender's conviction involved a victim under 14."

Fifteen other sex offenders were reviewed, but it was not "clearly demonstrated that the multiple convictions did not result from the same incident."

Information on these individuals will be available only at computers located at the Hawaii Criminal Justice Data Center and police stations. Bennett said he would seek clarification from the Legislature next year.

"The literal language of the law does allow such offenders to be listed on the Web site. However, I have decided to leave these 15 cases on on-site public access terminals only, because the Legislature may have intended that result," Bennett said.

Meanwhile, officials still need to review the cases of 10 remaining sex offenders who were removed from the Web site. Bennett said they had requested documents needed to complete the review.

Lois Perrin, legal director for the American Civil Liberties Union of Hawaii, was perturbed about how the information was handled.

"It's incredibly troublesome that this type of review was not done prior to the posting of the names," Perrin said. "That still leaves a number of individuals who were wrongly posted on the Internet. The damage to those people (has) already been done."

Bennett defended his decision. "I think the department acted appropriately," he said, noting that he had taken it upon himself to administer a review to ensure that information posted on the Web site was not inconsistent with the Legislature's intent.

Perrin was not satisfied. "There is no evidence that these kinds of public-access sites increase public safety at all," she said.

The state's "Draconian" provisions will drive sex offenders underground, making them less likely to update their personal information with the state, as required by law, Perrin said.

So far, state officials are sticking to their decision.

"We received dozens of calls from parents who are grateful to have this information. Members of the public have also called to give us information on the whereabouts of offenders who failed to update their address with us, as required by law," said Liane Moriyama, of the Hawaii Criminal Justice Data Center.

The state sex offender Web site received more than 1.6 million hits in the first two weeks after Lingle enacted the new law.

School aide is
removed from listings

A Big Island public school employee who was placed on paid leave after she appeared on the state's online sex offender registry should not have been on the site and has been removed, the state attorney general's office said yesterday.

The employee, a full-time teacher's aide at a high school, was convicted of sexual assault in the third degree, which would not warrant a listing in the registry, said Bridget Holthus, special assistant to Attorney General Mark Bennett.

However, she was erroneously listed as having committed sexual assault in the second degree, a more serious charge. The woman also repeatedly, mistakenly claimed the more serious conviction when submitting regular updates on her personal information, which the state requires of sex offenders.

The woman, along with a male custodial employee at a different Big Island school, were put on administrative leave after reports of their criminal past appeared in Big Island newspapers during the weekend.

The action was taken to head off any possible commotion at the school while the Department of Education reassesses the two employees' employment status. That assessment will continue, department spokeswoman Sandra Goya said.

However, both divulged their criminal records when hired, and the department has said proper hiring and vetting procedures were followed.

The male employee remains in the online registry.