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Justices: parole conditions unenforceable, SOMM constitutional

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The Indiana Supreme Court Wednesday ordered a trial court to enjoin the Indiana Parole Board from enforcing the conditions of a man’s parole that prevent him from associating with minors. But the justices denied his request to find the Sex Offender Management and Monitoring program is unconstitutional.

In 2005, David Bleeke was convicted of residential entry and attempted criminal deviate conduct related to an adult victim. He was released from incarceration in 2008 and placed on parole until 2015. Several of his parole conditions prohibited him from having contact with any children – including his own. After a legal challenge, Bleeke may now have contact with only his children.

In David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction; Thor R. Miller, as Chairman of the Indiana Parole Board; et al., 02S05-1305-PL-364, Bleeke challenged the specific conditions restricting his access to minors as being unconstitutional, and argued that others fail to comply with certain statutory requirements. He also claimed that several of the parole statutes are facially unconstitutional in the manner by which they classify sex offenders. He also argued that the SOMM program is both facially unconstitutional and unconstitutional as applied to him.

The Court of Appeals found that Bleeke shouldn’t be considered as an offender against children based on his attempted criminal deviate conduct conviction because the statute dictating that classification is only applicable to offenses committed after July 1, 2006. It also held the SOMM program violated Bleeke’s Fifth Amendment rights. He challenged having to sign a form that allowed a polygraph examiner to share the results of his test with a probation officer.

The justices agreed that enforcement of conditions 4,5,17,19 and 20 must be enjoined because no evidence was presented that shows Bleeke is, was, or will be a threat to children – his own or otherwise.

Regarding his SOMM challenge, Justice Steven David wrote for the unanimous court, “The question before us thus becomes whether this threat to Bleeke—answer the potentially incriminating questions or face re-incarceration—so compelled (or will compel) his answers that it violates the Fifth Amendment unless he is provided immunity. ... Regardless, we agree with those other state and federal courts applying McKune (v. Lile, 536 U.S. 24(2002)), and holding that this form of disciplinary response does not constitute a ‘penalty’ such that Bleeke would have been compelled to yield his Fifth Amendment privilege.”

“And so while he was incarcerated, the State was permitted to present Bleeke—and all SOMM inmates—with a constitutionally permissible choice: participate in the SOMM program and maintain a more favorable credit status and/or privileges within the prison system or a favorable assignment in a community transition program, or refuse to participate and instead serve out the full term for which he had been lawfully convicted,” David continued.  

The case is remanded for further proceedings.
 

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  • What of wrongfully convicted?
    What becomes of a person who maintains his innocence throughout the trial, who is nevertheless found guilty, who does his time and who SOMM then "requires them to take responsibility for their offenses" by admitting their guilt? How is that any different than someone signing a confession under coercion or duress? Because if the wrongfully convicted party refuses to admit his guilt, he will continue in prison for the full length of his sentence, a longer term than guilty parties who complete their SOMM requirements. How is that justice?

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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