Korionoff said the State's Attorney office strongly opposed the original defense motion – that Boynton approved Sept. 5 – which allowed Shemer to be granted a lesser charge of the sex abuse violation, known as "Probation Before Justice." The status put into motion Shemer's ability to be taken off the registry...
https://www.thesentinel.com/communities/montgomery/news/local/judge-takes-teacher-off-list/article_61afd44d-f924-57c3-ad7f-5cd2d23a324d.html
Showing posts with label expungement. Show all posts
Showing posts with label expungement. Show all posts
Tuesday, September 30, 2025
Friday, September 26, 2025
State may have put children in homes where registered sex offenders lived
The state Social Services Administration may have approved guardianship homes for children who are in state care where registered sex offenders lived, and failed to identify a convicted sex offender who worked in a group foster home and later faced criminal charges involving children under his care.
Those are just some of the findings of a 70-page audit released Wednesday by the Office of Legislative Audits that includes a slate of concerning findings dating back to 2008 and new findings that include nearly $700,000 in penalties for failing to meet federal foster care service requirements.
Legislative Auditor Brian Tanen, in a letter with the audit, said the administration “did not have comprehensive procedures to ensure individuals with disqualifying criminal backgrounds did not have access to children in the State’s care.”
The letter also noted that the administration “was not aware of the 7 registered sex offenders we identified that had the same address as an approved guardianship home housing 10 children as of August 2024 and had not identified that an individual employed by a group foster care home had been convicted of sexual assault of a minor. This individual was subsequently charged with crimes involving children under his care.”..
Wednesday, July 10, 2024
Maryland probe highlights flaws in teacher vetting after alleged abuser gets school jobs
A lengthy probe into the vetting of school teachers in Maryland is raising some glaring issues.
The probe, by Maryland's Inspector General, examines the case of Mark Planamente, a former Baltimore County School teacher who is now serving a five year prison sentence for the sexual abuse of a minor.
However, investigators are questioning how Planamente managed to be hired by two schools after allegations of misconduct surfaced.
Before a teacher can be hired in Maryland, their former employer must affirm that the teacher had never been disciplined, discharged or asked to resign while allegations of child sexual abuse or misconduct were pending.
In Planamente's case, the Baltimore County School District where he formerly worked, checked 'no' to the question and later told investigators that the allegations "did not constitute sexual advances nor were they sexually explicit."..
Tuesday, November 15, 2022
To MoCo Delegation: Covering up crimes against children is costly to classrooms and to children’s lives. Will this be the year that the Maryland legislature decides to put children first?
Montgomery
County Joint House and Senate Priorities Hearing
Tuesday,
November 15, 2022
Parents’
Coalition of Montgomery County, MD
Thank you for the opportunity to speak this
evening.
First, we would
like to remind the Delegation that the Justice Reinvestment Act of 2016,
included allowing sex offenders to have their records expunged and their names
removed from the Maryland Sex Offender Registry. We now have a list of former MCPS teachers who were convicted of sexually abusing
school children, sentenced and put on the Maryland Sex Offender Registry who have now had their convictions and Sex Offender Registry
entries expunged. Why were sex offenders
who were sentenced to lifetime registration included in this legislation?
The Netflix documentary
The Keepers focused on
Maryland’s legislature and how the Maryland legislature protects sex
offenders. Is this really the
international reputation that we want for Maryland? A sex offender friendly
state?
The presence of
the Catholic Church’s sex offender facility in Silver Spring brings more
international attention to Maryland along with concerns about reporting and
registration of the sex offenders that reside at the St. Luke’s Institute.
Second, we
would like to thank the Maryland Office of Legislative Audits (OLA) for substantiating my investigation into the MCPS bus camera procurement. The OLA Report noted the MCPS bus camera procurement lacked a
competitive procurement process, lacked financial terms, and didn’t monitor the
vendor’s investment costs.
Third, we would
like to thank the Maryland Office of Legislative Audits (OLA) for revealing the embezzlement that had been uncovered
in October of 2021, involving the MCPS Transportation Department and the MCPS transportation
vendor. Without this 6-year audit would
the public have ever heard about this multi-million dollar embezzlement of MCPS
funds?
Fourth, not
addressed by the OLA Report was that the MCPS use of electric school buses was
from a company that did not participate in the MCPS RFP process and did not
bid. The company didn’t even exist until
a few weeks before the Board of Education voted to award them a $168,684,990 contract. And when the electric school bus company
being used by MCPS was incorporated, it was incorporated at the same address as
the diesel school bus company involved in the off the books embezzlement scheme
referenced earlier by the OLA Report. Does the public have to wait another 6
years for an OLA Report to find out who owns the electric school buses that MCPS students are riding on and what is their connection to the diesel school bus
company that the Board of Education is no longer doing business with?
Fifth, what is
the cost of all of this subterfuge? At least $500,000 in overpayments for diesel school buses in August. The Board of
Education was told this purchase was an emergency, but we now know that this
purchase was an attempt to hide the fact that the Board’s long time school bus
dealer had been involved in an embezzlement scheme and a new dealer was quickly
needed.
Covering up
crimes against children is costly to classrooms and to children’s lives. Will
this be the year that the Maryland legislature decides to put children first?
Janis Zink Sartucci
Parents’ Coalition of Montgomery County, MD
parentscoalitionmc@outlook.com
Tuesday, February 16, 2021
Maryland mom fighting to create tougher laws against child sex predators
A Maryland mom is back at it in Annapolis at the State House next week working to create tougher penalties for child sex abusers.
Annie Kenny is fighting to pass the Sex Offender - Lifetime Supervision bill.
The bill would mandate that anyone convicted of sexually abusing a minor in the State of Maryland, which makes them a Tier III Registered Sex Offender for life, would also place them on probation for life, instead of just the current 5-year probationary period.
Two years ago Kenny began her crusade with a change.org petition that people can still sign to support her efforts at #Savethechildren Better Sex Offender Laws to Protect our Children
https://wjla.com/features/7-on-your-side/maryland-mom-fighting-to-save-children-from-sex-offenders
Sunday, March 24, 2019
Mother of 14-year-old daughter on her murderer's early prison release: Where is the justice?
Monday, January 28, 2019
NEW: The 32yo man in the blue suit/shirt/tie was just sentenced in Montgomery County Circuit Court for repeatedly trading heroin for sex with a 15yo girl.
NEW: The 32yo man in the blue suit/shirt/tie was just sentenced in Montgomery County Circuit Court for repeatedly trading heroin for sex with a 15yo girl.— Kevin Lewis (@ABC7Kevin) January 28, 2019
The judge gave David Knox probation, but is making him register as a sex offender.
Original story: https://t.co/zgby9kVUgS pic.twitter.com/LVNATj9eVz
Monday, August 20, 2018
Former MCPS Lunch Aide Sentenced to Probation in Child Pornography Case
Terms of probation include no unsupervised contact with children, including online
...As part of a plea agreement, Kelley agreed to serve five years of supervised probation, with the condition that he may apply for a sentence modification after three years...
...But during the hearing, Assistant State’s Attorney Andrew Han said the volume of images recovered from Kelley’s computer didn’t reflect someone who stumbled into a dark corner, but rather a person who stayed a while...
Monday, September 25, 2017
Breaking: JUDGE BOYNTON ALLOWS FORMER MCPS TEACHER TO REMOVE HIS NAME FROM SEX OFFENDER LIST
A Montgomery County judge that struck a child sex abuse conviction from a former high school teacher's criminal record, will also allow the teacher to remove his name from the state's sex offender registry.
Circuit Court Judge David A. Boynton on Sept. 15 provided former Albert Einstein High School teacher Richard Shemer the written consent needed to legally remove his name.
"Mr. Shemer is no longer required to register as a sex offender and shall be removed from the Sex Offender Registry list," Boynton's court order read.
Montgomery County State's Attorney spokesman Ramon Korionoff said there is no avenue of appeal for the state prosecutor's office. "It is at the discretion of the judge," Korionoff said.
Monday, June 20, 2016
Sex offenders shouldn't be allowed to expunge their records
Commentator Sean Kennedy bemoans the fact that the General Assembly authorized expungement of convictions for only 50 crimes in the Justice Reinvestment Act ("Redemption and rewards for felons," June 6).
He does not delineate what these crimes are, nor does he mention the longstanding and common practice of plea-bargaining serious crimes. He also does not mention that these expungements undermine the efficacy of criminal history background check requirements for those who have access to or work with vulnerable children, the elderly and the disabled.
Although a legislator who pushed these expungements had claimed that he had no interest in expunging sexually related crimes, somehow brothel owners and pimps who prostitute children and women were allowed the privilege of having their records expunged.
More problematic is that those convicted of second-degree assault, despite having physically or sexually abused children, can now have their cases expunged.
Expungement means complete obliteration of the record. Should an elementary school teacher who molested four of his young students have the right to completely obscure his criminal history because he was fortunate enough to be convicted of second-degree assault rather than of felony sex abuse charges because the prosecutor did not want to put the children through a trial?
Why should he be allowed to pass a criminal history background check so that he can then get a job working with children in camps, schools and juvenile detention centers or adopt or foster a child without anyone being aware of his past criminal history?
Rather than accusing those who are concerned with the protection children of lacking compassion, perhaps proponents should give more thought to the welfare of those too vulnerable to protect themselves. Rather than passing more expungement legislation next session, legislators instead should amend the Justice Reinvestment Act to preclude the expungement of second degree assault records.
Ellen Mugmon, Elkridge
Copyright
© 2016, The Baltimore Sun
Thursday, April 7, 2016
Criminal histories are used to vet individuals who work with the elderly and the disabled.
Comments submitted in opposition to the expungement provisions grafted onto SB 1005 - Justice Reinvestment Act
Articles recently published in The Daily Record describe SB 1005 as it came out of the Senate as now containing “provisions that would dramatically expand the number of crimes eligible for expungement.” These provisions would allow the expungement of at least one hundred and thirteen crimes, both felonies and misdemeanors -- three times more if attempted crimes, conspiracy or solicitation for each offense is counted. Such a dramatic change requires special attention to the public policy implications and wisdom of expungements in general as well as why specific crimes were selected over others and the reasoning behind those choices. It should be noted that in its consensus report, the Justice Reinvestment Coordinating Council did not recommend expungements. Accordingly, HB 1312, its cross file, which follows the parameters of the report, passed the House without any expungement provisions. It is additionally important to know that the State’s Attorney’s Association opposes the expungement provisions on pages 72-74 of SB 1005.
I have attended the Criminal Justice Information Advisory Board for over two decades. Given my knowledge about Criminal Justice Information in Maryland, I am very concerned that these proposed expungements significantly degrade the ability of the state to ensure that Maryland’s criminal history data are accurate and complete. Criminal histories are used to vet individuals who work with the elderly and the disabled. Children and people with disabilities are extremely vulnerable populations. Moreover, criminal histories are used to vet those who transport hazardous materials and engage in security work or need government security clearances, etc. If SB 1005 is enacted with these expungement provisions, screening of individuals for critical positions would be seriously compromised.
Most importantly, expungement provisions in the bill specifically minimize crimes against women and children. Supporting the expungement of listed crimes would indicate that the General Assembly does not take seriously crimes associated with domestic violence and sexual exploitation and abuse of children. Nor would it show an understanding that child sexual abuse, sexual assault and exploitation and other sexual offenses are often plea bargained down to non-sexual crimes, not just lesser sexual crimes. This is called charge bargaining. Charge bargaining obscures the sex offender’s criminal history and makes victims feel that the offender is not made to take responsibility for their crimes. That is one reason why expunging second degree assaults is so problematic. Second degree assault appears to be the crime of choice for plea bargaining serious sexual crimes against children down to non-sexual crimes to allow the sex offender to avoid registration requirements and jail time. See the following examples:
A contractor who had molested two girls at a Montgomery County middle school and who had worked in 58 other Montgomery county Schools had been previously convicted of second degree assault after sexually assaulting women. This individual again “ultimately pleaded guilty to second degree assault “ for sexually abusing children. (WJLA.com, November 2, 2014). He did not have to register as a sex offender or serve any jail time for any of these incidents..
In another Montgomery County case, an elementary school teacher pleaded guilty to four counts of second degree assault after originally being charged with 11 counts of felony sex charges involving very young students. He did not have to register as a sex offender or serve any jail time. (WJLA.com December 2, 2013).
According to an article in The Baltimore Sun, entitled “Former Towson High School Teacher Sentenced to probation before Judgement” (March 18), the teacher, after first being charged with sexual abuse of a minor and three counts of fourth-degree sex offense, pleaded guilty to second degree assault. He did not have to register as a sex offender or serve any jail time. To further minimize his crimes, he was given probation before judgment (PBJ). The PBJ allows him under current law to completely expunge his record in approximately three years. The proposed expungement of second degree assault exponentially increase the ability of dangerous individuals like this teacher, to obscure their criminal records when applying for positions of public trust.
Of additional concern is that convictions for domestic violence fall under second degree assaults. Second degree assault is a crime deemed to be violent on one list of violent crimes in Maryland law. Why are certain legislators proposing to expunge a violent crime? In addition, SB 1005 would allow expungements for convictions for violations of peace orders and protective orders and other domestic violence related crimes. This sends a bad message to domestic abusers. Why also are convictions for pimps and brothel owners singled out for expungement? Should the State favor those who prostitute women and children? Another example of a conviction to be expunged involves providing drug paraphernalia to minors. Why?
If the expungement provisions are enacted, the individuals who plea bargained in Montgomery County would be able to obliterate their criminal records and pass the criminal history information background check as required by state law for those who have access to and/or work with children. Under present law, their criminal histories would only be obscured. But, at least the second degree assault conviction would appear on the criminal history record, which allows employers and other officials who are vetting individuals for positions of public trust to try to determine the circumstances surrounding the second degree assault before hiring them to work in public and private schools, juvenile detention centers, camps, recreation programs, child care centers, or before they become adoptive or foster parents etc. Expungements would give those individuals who have actually sexually abused children free rein to get jobs working with children without anyone having any idea that they had a criminal record which indicates that they pose a danger to this vulnerable population.
It should therefore be incumbent upon legislators to duly consider whether expungements are good public policy or pose a danger to the public, and whether the Justice Reinvestment Act should be used as a vehicle for what is, in reality a separate expungement bill that has been grafted onto it.
E. Mugmon
Please immediately contact Delegate Dumais, who is handling SB 1005/HB 1312 in the House, and ask her to support striking the expungement provisions from the bill. Please also contact Speaker Busch and President Miller as well as members of the Montgomery County House and Senate delegations to ask them to strike the expungement provisions in these bills. The process is moving quickly. A conference committee will be appointed momentarily. When members of the conference committee are named, it would be important to contact them as well.
CALLING WOULD BE BEST SINCE TIME IS OF THE ESSENCE. PLEASE ALSO CALL YOUR INDIVIDUAL LEGISLATORS - SEE THE FOLLOWING LINK FOR DETAILS: http://www.
Senate
Robert A. (Bobby) Zirkin, Chair (D-11) JPR
Phone: (410) 841-3131 | (301) 858-3131
E-mail: bobby.zirkin@senate.
Phone: (410) 841-3131 | (301) 858-3131
E-mail: bobby.zirkin@senate.
Montgomery County
Susan C. Lee (D-16)
Jamin B. (Jamie) Raskin (D-20)
Phone: (410) 841-3634 | (301) 858-3634
E-mail: jamie.raskin@senate.
Phone: (410) 841-3634 | (301) 858-3634
E-mail: jamie.raskin@senate.
Joseph F. Vallario, Jr. (D-23B) - Chair JUD
Phone: (410) 841-3488
Email: joseph.vallario@house.
Phone: (410) 841-3488
Email: joseph.vallario@house.
Montgomery County
Kathleen M. Dumais, Vice Chair (D-15)
Phone: (410) 841-3052 | (301) 858-3052
E-mail: kathleen.dumais@house.
Phone: (410) 841-3052 | (301) 858-3052
E-mail: kathleen.dumais@house.
Marice I. Morales (D-19)
Phone: (410) 841-3528 | (301) 858-3528
E-mail: marice.morales@house.
Phone: (410) 841-3528 | (301) 858-3528
E-mail: marice.morales@house.
William C. (Will) Smith, Jr. (D-20)
Phone: (410) 841-3493 | (301) 858-3493
E-mail: will.smith@house.
Phone: (410) 841-3493 | (301) 858-3493
E-mail: will.smith@house.
Do we want to protect those who commit sexual assault or domestic abuse?
One change grafted onto the bill is a version of Senator Zirkin's separately introduced bill, SB 890. That bill would allow for the expungement of all misdemeanor convictions and is opposed by the State's Attorneys Association. The version of this bill incorporated into SB 1005 was presented on the floor of the Senate by Senator Zirkin without any explanation and without any acknowledgment that such a change was not one of the consensus recommendations of the Justice Reinvestment Coordinating Council on which the rest of the bill was based. Of particular concern is that this provision would expunge second degree assaults, a violent crime deemed to be nonviolent in one arbitrary list of violent crimes in one section of Maryland's laws and deemed violent in another. Convictions for domestic violence fall under second-degree assault. Second degree assault, a non-sexual crime, is also too often a plea bargain down from a sexual crime. This plea bargain allows a sex offender to avoid registering under the sex offender registry statute...
...It should be incumbent upon legislators, at the very least, to understand and properly consider why each crime on the list was chosen for expungement by Senator Zirkin and whether, more importantly, expungements should even be endorsed, let alone a part of this bill. Unfortunately, the reform bill passed the Senate with only a one sentence description and without one question about this provision on the floor. The General Assembly needs to remove this harmful provision before full passage of the Justice Reinvestment Act.
http://www.baltimoresun.com/news/opinion/readersrespond/bs-ed-reform-letter-20160329-story.html
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