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Prominent Santa Monica Sex Offenders Excluded from Megan's List
 

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By Jorge Casuso

October 15, 2019 -- Two convicted sex offenders who made headlines when they were arrested in Santa Monica and charged with possession of child pornography are not required to appear on Megan's list, according to law enforcement officials.

Guido Germano, a former medical director at Cedars Sinai, and Larry Jamieson, the former transit operations superintendent for the Big Blue Bus (BB), were ordered by the court to register as sex offenders after pleading no contest to the charges.

But the two sex offenders successfully filed applications with the California Department of Justice to be excluded from the list meant to protect parents and their children under the State's 1996 Megan's law, agency officials said.

Megan's list makes the names, pictures, addresses and specific crimes for which the offenders are required to register available for public viewing on the internet.

Under the California Penal Code, individuals who commit certain sex crimes "can file an application to be excluded from the Megan’s Law website with the California Department of Justice," the Attorney General's office said.

"The release of criminal history information for non-law enforcement purposes is prohibited by the Penal Code and the California Information Practices Act," the agency told the Lookout.

"Consequently, the Department of Justice cannot provide you the specific reason for a subject's omission from the Internet site."

According to prosecutors, both Germano and Jamieson were convicted of violating California Penal Code 311.11(a), which outlaws possessing or controlling any matter that "depicts a person under 18 years of age personally engaging in or simulating sexual conduct."

A felony count under the statute is punishable by imprisonment in state prison or a county jail for up to one year or by a fine not exceeding $2,500, or by both, according to the code.

Under the Code, the crime qualifies for exclusion from the list made publicly available under Megan's law.

Of the 55 sex offenders in Santa Monica who appear on Megan's list, four were convicted of the same crime as Germano and Jamieson ("Santa Monica Tops List of Westside Cities with Most Registered Sex Offenders," October 4, 2019).

Germano pleaded no contest to a charge of felony possession of child pornography ("Former Santa Monica Medical Director Sentenced for Possession of Child Porn," September 23, 2019).

Jamieson had his felony charge reduced to a misdemeanor after pleading no contest on April 11, said Paul Eakins a spokesman for the prosecutor's office.

Under the Penal Code, a person convicted of violating PC 311.11 can be excluded from Megan's List by providing "a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense."

If the person can prove the facts that make them eligible, the Department of Justice can grant the exclusion and "no information concerning the person shall be made available via the Internet Web site," according to the Code.

The defendant, however, "is not relieved of his or her duty to register as a sex offender" with the designated law enforcement entity that includes "every state or local agency expressly authorized by statute to investigate or prosecute law violators," the Code states.

The entity "may provide information to the public" about the person required to register "by whatever means the entity deems appropriate, when necessary to ensure the public safety based upon information available to the entity concerning that specific person," according to the Code.

Germano, prosecutors said, "shared child pornography videos using peer-to-peer software and downloaded them onto his personal computer at his home" ("Santa Monica Medical Directer Charged with Distributing, Possessing Child Pornography," August 1, 2019).

The former medical director was ordered by the court to register as a sex offender with law enforcement and serve five years probation.

He also was ordered to forfeit devices that contained any child pornography images or videos and attend at least one year of sex offender counseling.

Jamieson, who was arrested at Big Blue Bus headquarters on December 3, was ordered to register as a sex offender for life ("Santa Monica Big Blue Bus Superintendent Arrested for Possessing Child Pornography," December 5, 2018).

He must also attend at least one year of sex offender counseling and serve three years probation, said Paul Eakins, a spokesperson for the Los Angeles County District Attorney's Office.

In addition, Jamieson, was made subject to a search and seizure condition that allows police or other authorities to search a person's property without a warrant and confiscate any relevant evidence found in connection to a crime.

The DA did not have a City of residence listed for Jamieson.

Jamieson submitted his resignation as head of transit operations last November 29.

He made $240,432 in pay and benefits last year, according to Transparent California, a pay and pension database for California public employees.


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