Murder Victim’s Father Begs for Sexual-Predator Legislation

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The New York Sun

ALBANY – A Florida man whose 9-year-old daughter was raped and murdered last winter begged lawmakers here yesterday to increase protections against sexual predators. The man, Mark Lunsford, said he’d spent the day before, Father’s Day, in a motel staring at a picture of the girl.


Mr. Lunsford, 41, told reporters at the state Capitol that a series of controversial bills aimed at tracking predators and notifying neighbors of their crimes would save other children from the kind of death suffered by his daughter, Jessica.


The truck driver from Homosassa, near St. Petersburg, fought against tears as he recounted the details of his daughter’s abduction and murder. He then urged Democrats in the Assembly to act on protection measures similar to those recently enacted by the Florida Legislature following the death of his daughter.


The Republican-led Senate has passed a series of sexual-protection bills over the past two weeks, but companion bills in the Assembly have not reached the floor. With four days remaining in the legislative session, Mr. Lunsford’s visit underscored a standard strategy among Republicans here. They use public pressure on the speaker of the Assembly, Sheldon Silver, in their effort to force him into action on criminal-justice bills.


“When you bring that national attention into this chamber, it gets people’s attention,” the leader of the Assembly’s Republican minority, Charles Nesbitt, said. “To have Mark here articulating on behalf of people’s children, it’s very powerful.”


Mr. Lunsford’s appearance was perhaps the most powerful effort by Senate Republicans this year in portraying Mr. Silver as a coddler of criminals. The Floridian’s impassioned speech drove the point home with uncommon power, as did his unexpected decision to force a meeting with Mr. Silver on one of the busiest days in the legislative session.


“A man took my daughter to his home and he raped her, and he buried her alive out the back door,” a tearful Mr. Lunsford told reporters before making his way to the Manhattan Democrat’s office. “The system had failed. He was registered at one address and lived at another. His probation officer didn’t even know he was a sex offender.” The man he spoke of, John Couey, has been charged in the girl’s February 23 abduction, rape, and murder.


The impromptu 10-minute meeting with Mr. Silver created a minor stir among aides and reporters but did not appear to ruffle the Assembly leader, who offered condolences to a conciliatory Mr. Lunsford without promising support on the bills. Mr. Silver issued a statement later in the day indicating he is engaged in “intensive” negotiations with the Senate and Governor Pataki on a package of bills that would respond “to his heartfelt words.”


“Mr. Lunsford and I both agreed that partisan political finger-pointing, or taking sides, especially at this late date in the legislative session, would do little to help forge agreements on legislation,” Mr. Silver said. “Rather, we both agree that the Assembly, Senate, and governor must work cooperatively in the coming days to get the job done for the people of our state.”


The meeting between Messrs. Lunsford and Silver was reminiscent of one several years ago between Mr. Silver and the mother of a New Jersey girl, Maureen Kanka, who pressured lawmakers in a number of states to enact so-called “Megan’s Laws” requiring sex offenders to register with local police departments. Ms. Kanka’s confrontation with Mr. Silver in 1995 is widely believed to have led to the enactment of New York’s Megan’s Law.


The five measures passed by the Senate include tracking of the most dangerous sex offenders with an electronic device; mandating that communities be notified of the presence of sex offenders; posting of the names of all three levels of sex offenders on the Internet; lifetime registration of all sex offenders, and civil confinement of dangerous sexual predators after a prison term has been served and the criminal is determined to be irremediable.


A group of companion bills that have been stalled in the Assembly has been the subject of a series of press conferences for weeks, a visit to the Capitol by the district attorney of Westchester County, Jeanine Pirro, and a Senate hearing in Manhattan this month. Mr. Lunsford, who also appeared at the Manhattan hearing, said he will now travel to Washington to press national lawmakers on federal protections.


“We need change, and we need change now,” Mr. Lunsford said. “It was too late for my daughter. Don’t wait for something to happen to make these changes. Lean on the Assembly. These criminals, they don’t have rights. They didn’t think about the children they raped and murdered. So why should we protect their rights?”


Negotiations over the sexual-predators legislation took place throughout last week but broke down over the weekend, according to the majority leader of the Senate, Joseph Bruno. He said the Assembly had requested additional hearings on the issue. The Rensselaer Republican scoffed at the suggestion, reading headlines from a stack of news clippings that detailed recent sexual crimes against children. Republicans in the Assembly have held hearings on the proposals for two years.


The pressure to enact stricter protections against sexual crimes coincides with the dropping of roughly 3,000 offenders this year from the register of sexual criminals. Megan’s Law currently calls for offenders to fall off the list after 10 years.


The New York Sun

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