Kim Dadou of Rochester, who spent 17 years in prison for fatally shooting her boyfriend, said the bill “is not a ‘get out of jail free’ card.” It’s about being humane to survivors of domestic violence, she said. She had been abused by her boyfriend for years.

“I was in the courtroom getting orders of protection just a couple months before I was in the courtroom being charged with murder. This isn’t something that I planned,” she said at a news conference in the Legislative Office Building today. Click here to read more.

The bill would afford judges the discretion to impose lesser sanctions, including non- incarceration sentences in some cases, and would also permit domestic violence survivors now in prison to petition for resentencing.

But the main sponsors of the Domestic Violence Survivors Act —Senator Ruth Hassell- Thompson, D-Mount Vernon, and Assemblyman Jeffrion Aubry, D-Queens—told advocates at an Albany press conference on April 17 that they are facing an uphill battle, largely because of opposition from prosecutors.

Under the proposed bill, A7874-A/S5436, judges would be permitted to impose alternate sentences if they find that the defendant was a victim of domestic violence who was subjected to substantial physical, psychological or sexual abuse by a member of the same family or household; that the abuse was a “significant contributing factor” in the commission of the crime; and that the legally proscribed sentence would be “unduly harsh.”

According to a bill justification memo, 93 percent of women convicted of killing an intimate partner had been abused. The sponsors say in the memo that judges now lack the discretion to, in appropriate cases, “fully consider the impact of domestic violence when determining sentence lengths.”

Aubry said there is wide support for the bill in the Democrat-controlled Assembly. But Hassel-Thompson said the upper chamber, which is dominated by Republicans, is far less receptive. She urged advocates to “be continually vigilant and ensure that we talk to everyone” and ensure that the claims of critics are rebutted.

“This bill is not a get-out-of-jail-free card,” Hassell-Thompson said. “Rather, what this bill does is give…a judge the discretion to either grant a petition for a reduced sentence or reject the application because there is insufficient evidence that a reduced sentence is warranted. A frivolous petition would end up in the garbage.”

But prosecutors contend the measure is too broad and would permit a defendant to seek a lower sentence or resentencing even if the victim was not their abuser.
“As prosecutors responsible for enforcing crimes of domestic violence, we are aware the criminal justice system may not always adequately address violence against women,” Westchester County District Attorney Janet DiFiore, president of the District Attorneys Association of the State of New York, said in a statement and in a draft letter being prepared for legislative leaders.

“The proposed legislation would not advance the proponents’ goals and in fact would undermine the safety of our community by allowing violent defendants to receive lesser sentences for crimes committed against innocent victims,” DiFiore said, stressing that the association opposes the Hassell-Thompson/Aubry bill.
The bill was promoted at a press conference organized by the Public Affairs Committee of the Junior League, the Correctional Association of New York and the New York State Coalition Against Domestic Violence. Among the speakers was Kim Dadou, who spent 17 years in prison for manslaughter after shooting an abusive boyfriend.

“I was in the courtroom getting orders of protection just a couple of months before I was in the courtroom getting charged with murder,” said Dadou, 44. “This isn’t something that I planned. I am not a violent person. I don’t want any woman, any man, anyone, to ever have to go through what I did.”

There was no immediate response from the Senate Republican majority.
@|John Caher can be contacted at jcaher@alm.com.

The Domestic Violence Survivors Justice Act (A.7874-a/S.5436), sponsored by Assemblyman Jeffrion Aubry, D-Queens, and Sen. Ruth Hassell-Thompson, D-Mount Vernon, would amend the penal law and criminal procedure law for sentencing in domestic violence cases. Hassell-Thompson, a member of the Crime Victims, Crime and Corrections Committee, said it would be a “tough pull” to have the legislation passed this session. Click here to read more.

On the program, Senator Patrick Gallivan, a Republican from Western New York, openly expressed his support for the legislation.  As a key Republican, Senator Gallivan’s endorsement would be a significant step towards the bill’s passage—but we need him to take the next step and become an official bill co-sponsor.

Please take action right now to thank Senator Gallivan for expressing his support, and ask him to take the critical next step by becoming a co-sponsor of the bill. Click here to take action.

The Second Chance Reentry Coaching Project, organized with the help of the Kentucky Domestic Violence Association and several other organizations, aims to attract female volunteers to mentor and coach battered women adjusting to life after incarceration. LeTonia Jones with the KDVA says the job will require training and sensitivity. Click here to read the rest of the article.

“I think it’s huge that we have this young generation making a difference,” said Wilson. “If she can make a difference as a 16-year-old, imagine how much more can happen from this.”

This documentary screening, which showcased the story of Peagler as a domestic abuse victim who was unjustly incarcerated for 27 years, was part of an initiative fronted by Micaela Mangot, a sophomore at Northern Valley Regional High School at Demarest. Click here to read the rest of the article.

A few years ago, a young woman named Natasha shot and killed her boyfriend in the apartment they were sharing. He had trapped her in the bedroom and was about to launch into another of what had become weekly “beatdowns”, where he would hit her with a closed fist. Prior to the killing, the beatings had become more severe and more frequent, as were the threats that he was going to kill her. None of this seemed to count for much at her trial. Click here to read the rest of the article.

On Friday, Kanawha Circuit Judge Tod Kaufman gave Rhonda K. Stewart, 55, home confinement and set bail at $150,000 personal recognizance. The bail type means that Stewart did not have to post any money up front.

On Friday, Kanawha Circuit Judge Tod Kaufman gave Rhonda K. Stewart, 55, home confinement and set bail at $150,000 personal recognizance. The bail type means that Stewart did not have to post any money up front. Click here to read the rest of the article.

Senator Ruth Hassell-Thompson

Assemblyman Jeffrion Aubry

Senior Policy Advisor Jesenia Santana at STEPS to End Family Violence

The topics will include Women, Prison and Domestic Violence and the Domestic Violence Survivors Justice Act. Representatives from the Correctional Association of New York and the Coalition for Women Prisoners will lead a panel discussion. There will also be a showing of the moving and inspirational film, “Strength of a Women.”

The event is hosted by The Community Service Society of New York (CSS).

105 East 22nd Street at the corner of Park Avenue South Conference Room 4A

Take the 6 or N/R trains to 23rd Street Kindly RSVP to Gabriel Torres-Rivera at grivera@cssny.org or call 212.614.5306t grivera@cssny.org or via telephone at 212.614.5306