Most Police Agencies Taking Cautious Stance on ‘Megan’s Law’

It has been four weeks since it became legal for police departments to notify residents when a sex offender moves into town, but several Orange County law enforcement agencies said Friday it may be awhile before they implement the controversial and complex “Megan’s Law.”

After police in Placentia and South Pasadena triggered uproars by telling residents that a sex offender was in their midst, most agencies here said they are waiting for guidelines from the state attorney general’s office on the matter. At issue are concerns about vigilantism and the need to strike a balance between protecting the public and those who have already been punished for their crimes.

“The state’s police chiefs and the state sheriffs association are working with the attorney general’s office on a suggested procedure,” said Orange County Sheriff’s Lt. Ron Wilkerson, “and we’re waiting to see what that is.”

“Megan’s Law,” which went into effect Jan. 1, allows law enforcement to alert neighborhoods when a convicted sex offender takes up residence. It is named after a New Jersey girl who police say was slain by a convicted child molester who lived across her street.

“It remains to be seen,” Anaheim Police Lt. Ted Labahn of his department’s policy on notification. “As of yet, we haven’t encountered such a situation.”

Privately, law enforcement agencies say they are reluctant to make themselves the target of controversy, as occurred in Placentia and, most recently, South Pasadena.

Placentia is believed to have become the first agency in Southern California to implement the new law when it handed out fliers earlier this month notifying school administrators and residents that Sidney Landau, 57, had moved there after serving eight years in prison for molesting an Anaheim boy.

Neighbors reacted by protesting outside his home with bullhorns and dialing 911 when Landau left his house. When a newspaper article reported interviewing Landau as he cut his cuticles with what appeared to be a razor, he was briefly taken into custody for possibly violating his parole by possessing a weapon.

The unwanted publicity, Landau said, got him fired from his job at a thrift store.

Earlier this week, South Pasadena distributed notices about Roger Thomas O’Hare, convicted of raping a 14-year-old girl in 1983 and now living within walking distance of five schools. A Catholic school sent the notices, including O’Hare’s picture and address, to hundreds of parents.

South Pasadena police have since been besieged by calls from concerned residents. A tearful O’Hare told a television news crew Friday that he did not deserve the notoriety.

“I’d rather be back in jail,” he said.

Despite the new law, turning the public’s attention to convicted sex offenders is an area where some in Orange and Los Angeles counties fear to tread.

“We are being careful because of the liability issue and civil rights questions,” Los Angeles County Sheriff’s Lt. Gary Doore said.

But the aspect of Megan’s Law that may have the greatest impact is crystal clear: Departments now must make available to the public names and photographs of registered sex offenders within their jurisdictions.

Under directions from state Atty. Gen. Dan Lungren, departments are compiling a CD-ROM database of the state’s 57,000 registered sex offenders covered by the law. That database must be available to the public by July 1 in cities with populations above 200,000.

This will allow the public to find the name, photograph and ZIP Code of local sex offenders.

Some stations already make such information available.

Westminster Police Lt. Bill Lewis said a register of sex offenders within city limits is already accessible.

Likewise, anyone who is not a registered sex offender can view binders at LAPD and sheriff’s stations containing that information on 900 offenders statewide who are classified as “high-risk” child molesters.

Making this information available can be dangerous, some warn.

“It again raises the specter of vigilantism,” said Elizabeth Schroeder, associate director of the Southern California American Civil Liberties Union. There are other worries, she added: “One can never be 100% sure that those lists are accurate. Someone could have moved from that address and the new resident could find himself being picketed.”

Tustin defense attorney Cathy Jensen said she expects to see the law challenged.

“You can see that there are compelling interests on both sides,” said Jensen, who said challenges would likely focus on the law further punishing someone who has “gone to jail and paid for his crime.”

Even advocates acknowledge the potential for abuse and say Megan’s Law must be used carefully.

“Everybody should keep calm and controlled. We begged for this law and now we have to act responsibly,” said Susan Carpenter McMillan, spokeswoman for the Women’s Coalition and resident of a San Marino neighborhood that abuts South Pasadena.

Jayne Murphy Shapiro is president of Kidsafe, a children’s rights group that lobbied heavily for Megan’s Law. But she is not happy at how the statute was applied in what was apparently its first Los Angeles County use.

“I find it irresponsible for police departments to be releasing information on low-level sex offenders like the one in South Pasadena,” Shapiro said.

Acting Pasadena Police Chief John E. Anderson did not return a call Friday, but in an interview Thursday he said the decision “was not made lightly.”

On Friday, Msgr. Clement Connolly, pastor of Holy Family Church in Pasadena, said he stood by the dissemination.

“Parents have a right to know. . . . We are not telling people to do anything. We are not telling them to not forgive this man,” Connolly said.

Matt Reynolds, police services supervisor at the Placentia Police Department, said the agency underwent much soul-searching before making the decision.

“It wasn’t easy,” he added. Most law enforcement agencies said they expected decisions on publicizing sex offenders would be made on “a case-by-case basis.” The criteria for those decisions are still being determined.

“We really haven’t delineated any clear policy yet,” said Long Beach Police Cmdr. Ray Jordan.

And then there are those who have a very clear policy: do nothing.

“At this point, we’re not using it,” said Downey Police Sgt. James Elsasser. “Our city attorney’s office has advised against it until there are some test cases.”

Times staff writer Nicholas Riccardi contributed to this story.