Child Rapist Moves To New Mexico - And Publicity Follows

Joseph Gallardo's "new life" in rural New Mexico has gotten off to a rocky start.

The revelation of the freed child rapist's whereabouts, which triggered protests and resulted in arson at his home in the Lynnwood area, is being repeated in the tiny southern New Mexico town of Deming.

Now, Gallardo fears additional publicity in his new home could bring similar results.

"The community was not notified in my case, the United States was notified," Gallardo said from the Deming home of his brother, Pierre Gallardo. "I have no idea what is going to happen. I'll just have to wait until tomorrow."

Although there is no requirement for sex offenders to register in New Mexico, as there is in Washington, Snohomish County law-enforcement officials notified Deming police of Gallardo's move there. Those officials, in turn, issued a press release to the local media yesterday.

By yesterday afternoon, news media in New Mexico as well as Washington state carried reports of Gallardo's location.

Gallardo, 35, said the publicity surrounding his release from prison drove him from Washington to Deming after two days of freedom. He and his family had hoped the lack of registration requirements would mean publicity could be avoided, he said.

A week ago, the Snohomish County Sheriff's Office notified residents of the neighborhood north of Lynnwood of Gallardo's impending release from prison and plans to move back into the community. The notification labeled him "an extremely dangerous untreated sex offender" because of his crime - the rape of a 10-year-old girl - as well as writings and drawings he made depicting violent sexual fantasies involving young girls.

Gallardo was released from Twin Rivers Corrections Center in Monroe Monday after serving 2 years and 10 months for first-degree statutory rape. Hours earlier, the house where he had lived for nearly 20 years was destroyed by arson, apparently prompted by the community outcry over his plans to return there.

The notification of New Mexico authorities angered Pierre Gallardo and other members of the family, who feel they, as well as Joseph Gallardo, are suffering unjustly.

The publicity in Deming makes Pierre fearful for his own safety, the safety of his property and the life of his brother, he said. "I have done nothing other than offer my home, my heart and my love to my brother," said Pierre, who has lived in Deming for more than 20 years.

Maria Gallardo, Joseph's sister, said the publicity has "stolen my brother from me. I want to be able to come and go freely with him." She also said another sister is considering selling her home and moving out of the Seattle area, and that other family members have suffered harassment.

Pierre Gallardo, a minister, believes Washington law-enforcement officials took an unnecessarily hard stance by notifying New Mexico authorities of Gallardo's move.

"I'm afraid of the law-enforcement people in Washington. . . . I wonder what else they will do," Pierre said. "If somone has paid his or her penalty, how long will he or she be chased about?"

Snohomish County sheriff's spokesman Elliott Woodall said the department contacted Deming police out of "professional courtesy," not as a legal requirement. "We conduct liaison with other law-enforcement officials on any number of issues," he said. Woodall refused to elaborate further on the decision.

Joseph and Pierre Gallardo met at length yesterday with Deming Police Chief Michael Carillo, the district attorney, Luna County sheriff's officials and state police, according to the Deming Police Department. The officials told the brothers what they had learned about Gallardo from Snohomish County authorities, Carillo said.

"Then we afforded him an opportunity to tell us what he had to tell us," Carillo said. "They reassured us . . . that he wanted to become a good citizen and a productive resident while he was here."

Carillo said the brothers indicated Gallardo would seek counseling or some other therapeutic help, and that Pierre Gallardo would keep authorities informed on how the therapy was proceeding.

Yesterday morning while in Deming, Joseph Gallardo taped a segment of the syndicated "Sally Jessy Raphael" television talk show, which is scheduled to air Tuesday. Gallardo said he was so upset with the way his appearance went that he left the taping early.

Washington's 1990 Community Protection Act allows notification of the public about a released criminal, such as the Snohomish County sheriff issued about Gallardo.

But some defense attorneys who often represent sex offenders yesterday criticized the sheriff's department's handling of the case. The sheriff's news release included graphic detail about Gallardo's alleged sexual fantasies.

Criminal defense attorney Mike Iaria said community notification in the Lynnwood area seemed designed to shock rather than educate.

"One wonders if the officials responsible for this have thought it through. The manner in which they released (the information) was incredibly irresponsible. And they are almost directly responsible for an arson of an innocent person's property," Iaria said.

Attorney Mike Frost agreed. "In my opinion, the way the notification . . . was handled is just an outrage. It's no small wonder that citizens decided to take the law into their own hands and burn this guy out."

Peter Camiel, a criminal defense attorney, said Gallardo's case was no worse than thousands of other sex-offense cases that receive no publicity.

"I'm not sure why they are pursuing him as they are," he said.

Woodall said the sheriff's department stands by its action.

"What's the alternative? Not tell the public, then go out and pick up the bodies after they reoffend?" he said. "It's a tough law, and Washington is out in front of a lot of other states."

The Associated Press contributed to this report.