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Local Assemblyman Calls For Changes To Sex Offender Laws

Nathan Fletcher Asks To Investigate John Gardner's Destroyed Records

POSTED: 2:29 pm PST March 9, 2010
UPDATED: 7:08 pm PST March 9, 2010

A San Diego assemblyman called Tuesday for changes in California's sex offender laws in the wake of Chelsea King's murder and the arrest of a registered sex offender in the case.

John Albert Gardner III, 30, was arrested Feb. 28 in connection with the 17-year-old's disappearance three days earlier when she went for a run behind Rancho Bernardo Community Park.

Gardner was charged March 2 with the teen's murder and a special circumstance allegation that the killing happened during the commission of a rape or attempted rape.

Authorities also charged him with sexually assaulting a woman in Rancho Bernardo Community Park on Dec. 27.

Gardner pleaded guilty in 2000 to sexually assaulting a 13-year-old girl, was sentenced to six years in prison and ordered to register as a sex offender.

He was released in 2005 and was on probation until 2008.

Assemblyman Nathan Fletcher, a Republican who represents the 75th District that includes Rancho Bernardo, said Chelsea's parents, Brent and Kelly, have asked him to lead their effort to enact the necessary legal reforms to better protect children in California.

"The goal is simple ... to make sure that no family has to go through what the King family is experiencing right now," Fletcher said. "Today, we begin a process to honor the memory of Chelsea King by working to make these much-needed changes (a) reality." The assemblyman said he will work with crime experts and the public to change the sex offender laws in California.

"There's not a person in our community who hasn't been touched by this tragedy," Fletcher said. "As a father and husband, I can't imagine the pain felt by Brent and Kelly King.

"This heartbreaking case leaves a lot of unanswered questions about how our criminal justice system fails to deal with sexually violent predators," he said.

Stephanie Dorian, a member of the King family, said "Chelsea has given us the opportunity to make the kind of changes that will save precious lives like hers."

"We do not yet know when or how those efforts will take shape, but our commitment to carry her light forward is steadfast," Dorian said.

Gardner could face the death penalty if convicted of King's murder. A preliminary hearing is scheduled for Aug. 4.

Gardner's Parole Records Destroyed

10News learned Fletcher had requested all criminal records for Gardner, but said, "After several days, [The Department of] Corrections shocked us by sending us correspondence saying the records from John Gardner's time on parole had been destroyed."

In an e-mail to Fletcher, Darby Kernan of the California Department of Corrections wrote that agents' records of parolee activities "are only retained for one year after an offender has been discharged." That would mean Gardner's parole file would've been burned or shredded in September 2009.

It's a policy that Fletcher called "stupid," and he's called on the California Inspector General to investigate the policy and destruction of Gardner's parole file. He's also asking for a hearing in the State Assembly.

"It is unacceptable that a state agency charged with ensuring the public safety would destroy the records of a sexually violent predator who they've been told would potentially reoffend," Fletcher said.

The reforms, to be called Chelsea's Law, will be based on collaboration with law enforcement and victim's rights groups, and members of the community Fletcher said. It's not clear yet what the reforms will be, but they may include longer prison sentences, lifetime GPS monitoring, a one strike law for violent sex offenders, and limits on where sex offenders can go, not just where they live.

"It is unacceptable to allow a failed system to fail our children, and it's given everyone in public office a renewed commitment to enacting real reforms, real changes that will make a difference," Fletcher said.

Late Tuesday afternoon, Gov. Arnold Schwarzenegger directed the California Department of Corrections and Rehabilitation to immediately change their policy and to retain the parole records for sex offenders from this point forward.

Fletcher issued the following response to Schwarzenegger's action:

"I want to commend the Governor for his swift action in directing the Department of Corrections to end its irresponsible policy to destroy inmate parole records. While there remain many issues to be addressed with CDCR, this change is a positive step forward. This is just the start of our work, but an important first step."
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