The Other McCain

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Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry?

Posted on | July 31, 2013 | 48 Comments

As we now know, Craig Richard Gillette pleaded guilty to a federal child pornography charge in 1999. One would think such a conviction would require Gillette, a spokesman for Brett Kimberlin’s 501(c)3 Justice Through Music Project, to register as a sex offender. Yet a search of the Maryland Sex Offender Registry does not show a listing for Craig Gillette, who currently resides in Cabin John, Maryland.

Or so I’m told.

A quick bit of research shows that failing to register as a sex offender is a federal crime, as explained in a press release announcing the recent case of a Maryland resident’s prosecution:

As part of an overall strategy to combat child exploitation, the U.S. Marshals Service launched a nationwide operation in 2010 to target sex offenders who knowingly fail to comply with their sex offender registration requirements.  The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act in 2006.  The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist the states in locating and apprehending non-compliant sex offenders.

Perhaps someone can ask convicted felon Brett Kimberlin where federal authorities might find Craig Richard Gillette in Cabin John, Maryland. Or just call the Justice Department at (202) 252-6933.

UPDATE: As a question, get an answer:

[Gillette was released from federal prison] in 2001, prior to the feds mandating sex registry for these offenders. 3 years of supervised release without special conditions it seems. The registries you cite contain those convicted and sentenced by state courts for sex crimes.

So, there is a “federal pervert loophole,” so to speak?

UPDATE II: Thanks to Lee Stranahan for turning up this chapter that details sex-offender registry for those convicted of federal child pornography charges. I’m not sure what this means for Brett Kimberlin’s associate Craig Richard Gillette, but there seems to be a general consensus among those who have looked at the case that the law would require him to be registered. Of course, I’m not a lawyer, but this situation would seem to need explanation.

 

Category: Crime, Maryland, Sex, The Kimberlin Files

Comments

48 Responses to “Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry?”

  1. RMNixonDeceased
    July 31st, 2013 @ 3:04 pm

    RT @smitty_one_each: TOM Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/ZLcmkyrAcU #TCOT

  2. WJJ Hoge
    July 31st, 2013 @ 3:05 pm

    He isn’t in DC’s registry either. He also has an address just inside the DC line from Maryland.

  3. RMNixonDeceased
    July 31st, 2013 @ 3:05 pm

    @smitty_one_each Probably because his offense was federal not state. This is a crack that needs blocking up.

  4. OMFG: Did Brett Kimberlin’s Buddy Cop a Plea on Child Pornography Charges? : The Other McCain
    July 31st, 2013 @ 3:07 pm

    […] UPDATE V: Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? […]

  5. rsmccain
    July 31st, 2013 @ 3:09 pm

    “A quick bit of research shows that failing to register as a sex offender is a federal crime …” http://t.co/hCmndPnOe8 DOJ 202-252-6933.

  6. wjjhoge
    July 31st, 2013 @ 3:09 pm

    RT @rsmccain: “A quick bit of research shows that failing to register as a sex offender is a federal crime …” http://t.co/hCmndPnOe8 DOJ …

  7. vermontaigne
    July 31st, 2013 @ 3:11 pm

    RT @rsmccain: “A quick bit of research shows that failing to register as a sex offender is a federal crime …” http://t.co/hCmndPnOe8 DOJ …

  8. rmnixondeceased
    July 31st, 2013 @ 3:12 pm

    Released in 2001, prior to the feds mandating sex registry for these offenders. 3 years of supervised release without special conditions it seems. The registries you cite contain those convicted and sentenced by state courts for sex crimes.

  9. preciseBlogs
    July 31st, 2013 @ 3:12 pm

    Why Isn’t Craig Richard Gillette’s Name on the #Maryland #Sex Offender Registry http://t.co/WjKBfbyPLu #news #conservative

  10. RMNixonDeceased
    July 31st, 2013 @ 3:13 pm

    “He isn’t in DC’s registry either. He also has an address just inside the DC line from Maryland.” — WJJ Hoge http://t.co/O88YYKAb25

  11. RMNixonDeceased
    July 31st, 2013 @ 3:13 pm

    “Released in 2001, prior to the feds mandating sex registry for these offenders. 3 years of…” — rmnixondeceased http://t.co/G8MWUcQS7q

  12. RMNixonDeceased
    July 31st, 2013 @ 3:17 pm

    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender List? http://t.co/ohn2TZ9FHp More on BK’s Pedo-Pal …

  13. ElliottBobert
    July 31st, 2013 @ 3:18 pm

    RT @rsmccain: “A quick bit of research shows that failing to register as a sex offender is a federal crime …” http://t.co/hCmndPnOe8 DOJ …

  14. Mm
    July 31st, 2013 @ 3:36 pm

    I think we need an expert to weigh in on this topic. Here it says that registration applies RETROACTIVELY:

    “The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act of 2006….
    ***The federal registration law applies retroactively to people who were convicted of sex crimes before it became law in 2006.*** http://trib.com/news/state-and-regional/sex-offender-must-register-in-wyo/article_4ea50e0e-6d20-5088-bf03-6a8a09d51709.html

  15. rsmccain
    July 31st, 2013 @ 3:37 pm

    See UPDATES: “Federal pervert loophole”? http://t.co/hCmndPnOe8 @Stranahan @Liberty_Chick @patterico @AaronWorthing @wjjhoge @ali

  16. wjjhoge
    July 31st, 2013 @ 3:37 pm

    RT @rsmccain: See UPDATES: “Federal pervert loophole”? http://t.co/hCmndPnOe8 @Stranahan @Liberty_Chick @patterico @AaronWorthing @wjjhoge …

  17. rsmccain
    July 31st, 2013 @ 3:42 pm

    @MonitorAccess @SarahWW @Patterico @Popehat @instapundit More news http://t.co/hCmndPnOe8

  18. WJJ Hoge
    July 31st, 2013 @ 3:43 pm

    If you start at the top of the center column on p. 8896 of this extract from the Federal Register http://www.ojp.usdoj.gov/smart/pdfs/28CFR_70_3.pdf, you will see that offenders convicted prior to the enactment of the SORNA are required to register. Period.

    Md. CRIMINAL PROCEDURE § 11-704 (4) requires that anyone covered by a federal registration requirement be registered if he lives or works in Maryland. Even transient individuals staying more than 3 days must register.

  19. bet0001970
    July 31st, 2013 @ 3:43 pm

    Keep reading SORNA Stacy. It’s retroactive.

  20. MathewSHarrison
    July 31st, 2013 @ 3:43 pm

    RT @rsmccain: See UPDATES: “Federal pervert loophole”? http://t.co/hCmndPnOe8 @Stranahan @Liberty_Chick @patterico @AaronWorthing @wjjhoge …

  21. rsmccain
    July 31st, 2013 @ 3:45 pm

    Justice Department at (202) 252-6933 http://t.co/hCmndPnOe8 Just sayin’ @FilmLadd @Stranahan @Liberty_Chick

  22. bet0001970
    July 31st, 2013 @ 3:46 pm

    Sorry, Mr. Hoge beat me to it.

  23. Mm
    July 31st, 2013 @ 3:47 pm

    I just searched Virginia and he does not appear to be registered there, either.

  24. wjjhoge
    July 31st, 2013 @ 3:47 pm

    RT @rsmccain: Justice Department at (202) 252-6933 http://t.co/hCmndPnOe8 Just sayin’ @FilmLadd @Stranahan @Liberty_Chick

  25. johnmbonelli
    July 31st, 2013 @ 3:47 pm

    RT @rsmccain: See UPDATES: “Federal pervert loophole”? http://t.co/hCmndPnOe8 @Stranahan @Liberty_Chick @patterico @AaronWorthing @wjjhoge …

  26. yidwithlid
    July 31st, 2013 @ 3:57 pm

    MUST READ From @rsmccain
    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/jGCWkHIV03

  27. rsmccain
    July 31st, 2013 @ 4:01 pm

    RT @yidwithlid: MUST READ From @rsmccain
    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/jGCWkH…

  28. Red__Rover
    July 31st, 2013 @ 4:16 pm

    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? : The Other McCain http://t.co/jwt0nOnO2F

  29. Professor_Why
    July 31st, 2013 @ 4:32 pm

    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/bJXd7kua7i

  30. LadyLNorth
    July 31st, 2013 @ 4:40 pm

    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/HiGFs8VVLB

  31. SarahW
    July 31st, 2013 @ 4:56 pm

    Isn’t he a photographer by trade? Possession is one thing, creation would be worse. He ought to be registered

  32. joethefatman1
    July 31st, 2013 @ 5:36 pm

    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/pQ6Sxg1fAR

  33. stayoffinternet
    July 31st, 2013 @ 5:51 pm

    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/cA3PCK73iR

  34. thatMrGguy
    July 31st, 2013 @ 6:06 pm

    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/tfkzKvuVGV

  35. OwainPenllyn
    July 31st, 2013 @ 6:52 pm

    RT @stayoffinternet: Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/cA3PCK73iR

  36. MuddleVanHeck
    July 31st, 2013 @ 7:14 pm

    Oh my, wouldn’t THAT be a problem for Kimberlin if Anonymous found out he knowingly hired someone with a history like this? That would make Kimberlin and his sycophants look very bad. 🙂

  37. bet0001970
    July 31st, 2013 @ 7:24 pm

    Someone mentioned Anonymous. They’re already gunning for Rauhauser. Now his best buddy Kimberlin has just been accused of a 3rd degree child sex offense and one of Kimberlin’s employees is a convicted child pornographer.

    Yeah. That’s gonna go over real well with the Anons.

  38. DaveO
    July 31st, 2013 @ 8:09 pm

    Why would Anonymous care?

  39. Frankie
    July 31st, 2013 @ 8:11 pm

    They like to style themselves as the online Pedo Hunters

  40. bet0001970
    July 31st, 2013 @ 8:58 pm

    What Frankie said.

  41. bet0001970
    July 31st, 2013 @ 9:11 pm

    Isn’t that the truth. They’re such social progressives until it comes to child predators. And then all bets are off. If they catch one of those guys…they skin alive anyone who stands in their way. It’s like sharks in a feeding frenzy.

  42. Finrod Felagund
    July 31st, 2013 @ 9:45 pm

    “That would make Kimberlin and his sycophants look very bad even worse, as impossible as that sounds.”

  43. Mick
    August 1st, 2013 @ 9:43 am

    Its this lawyer’s opinion that Gillette is exempt from Maryland registration. He plead to one count of possession under 18 USC 2252(a)(4)(B). As sexual offenses go, this is the least severe, particularly with the one count. Maryland’s registration for Tier I offenders does not include the federal possession statute, rather it only encompasses MD criminal code re: “possession of visual representation of child under 16 engaged in certain sexual acts.” SORNA does not explicitly require that states, as a condition of federal funding to include persons convicted of , or plead guilty to 18 USC 2252(a)(4)(B) on their registry. The DOJ guidance ( http://www.ojp.usdoj.gov/smart/pdfs/final_sornaguidelines.pdf ) and the text of SORNA (http://www.gpo.gov/fdsys/pkg/PLAW-109publ248/pdf/PLAW-109publ248.pdf) would allow for Gillette not be on the registration. He was released by BOP in 2001, and apparently completed his supervised release in 2004, well before SORNA was enacted. Tier I offenders are given some leeway. For instance, MA does not disseminate Tier I offenders to the public. (http://www.mass.gov/eopss/crime-prev-personal-sfty/sex-offenders/levels-of-sex-offenders.html). Gillette is out of the registry due to Maryland’s non-incorporation of the federal statute. If he had been convicted of possession of child porn under another’s state’s code, he may have been required to register. I think the time of release and non-incorporation of the federal statute excuses him.

  44. Mick
    August 1st, 2013 @ 10:19 am

    John, I’ve posted below, but given that SORNA requires registration, MD’s statute does not include persons like Gillette. MD 11-701 (http://www.dpscs.state.md.us/onlineservs/sor/maryland_statute.shtml)defines what an offender is for purposes of the registry. Note that it does not incorporate the MD possession statute 11-208, or the catch-all provision applying to crimes committed outside of MD; 11-701(b)(9). He’s got quite the loophole.

  45. WJJ Hoge
    August 1st, 2013 @ 10:29 am

    My reading of the MD law is that it requires federal offenders to register if the live or work in Maryland. Gillette is a Tier 1 federal offender and should still be in the Register.

    In any case, the federal law requires the he register where lives and where he works, and it has a penalty of up to 10 years for willfully failing to register.

  46. DaveO
    August 1st, 2013 @ 12:13 pm

    There’s a presumption that Kimberlin has played against his own psychology when dealing with Anonymous and not gotten the ID of one of its members and given it to one of his associates. Anonymous may make a move, and BK will turn them over to the FBI in exchange for help in any future prosecution.
    They won’t act unless they can be sure of their safety. It’s the First Law of Predators.

  47. robcrawford2
    August 1st, 2013 @ 12:52 pm

    “They like to style themselves as the online Pedo Hunters”

    And yet… 4chan…

  48. JustPlainBill
    August 1st, 2013 @ 1:15 pm

    Why Isn’t Craig Richard Gillette’s Name on the Maryland Sex Offender Registry? http://t.co/i89XX3cMOU