Saturday, April 25, 2009

Misdemeanor DV Court Gets "It"

In 2007, Orange County implemented at specialized misdemeanor domestic violence division. Court personnel received training about the dynamics of DV as well as knowing what the Statute requires. Judge Jerry Brewer presided over this division until Dec 2008 (except for 4 months in 2008 when budget cuts caused it to shut down). He did a phenomenal job of running this division and CourtWatch was disappointed when he was reassigned to traffic court in January.


Because of their specialized training, the prosecutors and judge in this division routinely include BIP (the 26 week Batterer's Intervention Program) in their plea agreements and sentencings. I spent a lot of time in Judge Brewer's courtroom in the early months of my courtwatching career and learned a great deal from him.

Once I began to monitor the felony courts more often, I was astonished to see the prosecutors and judges rarely, if ever, order BIP for domestic violence offenders - either in their plea agreements or when they'd been adjudicated by a jury. I can only assume that because their divisions handle a wide variety of offenses, that they didn't know that the Statute says:
  • if a defendant pleads guilty or no contest to a crime of domestic violence, even if adjudication is withheld, Florida Statute requires they be receive 1 year's probation and be ordered into BIP - if the Court finds BIP is not appropriate (which would be the case in non-intimate partner violence), it must state on the record why it is not

  • if a defendant is adjudicated guilty of a crime of domestic violence and they've intentionally caused bodily harm to the victim, they must be sentenced to a minimum of 5 days in jail

Last fall we presented our concerns to Chief Judge Belvin Perry about our findings that sentencings in felony divisions were not in accordance with statutory requirements. After researching the Statute, he agreed and issued a memorandum to the judges to make them aware of what the law requires. This memorandum was sent by CourtWatch to Lawson Lamar, the State Attorney for the Ninth Judicial Circuit (Orange/Osceola) in February.

In State v. Steven Piantieri 2008CF16896 (about which we previously blogged), the defendant was charged with felony battery and pled to misdemeanor battery on 3/31/09. He was ordered to complete 1 year of probation; have no contact with the victim (yet he was ordered to write her an apology letter!); 1 day jail with credit for time served (where is our 5-day jail term?); complete 35 hours of community service; continue with anger management counseling on a weekly basis with his existing counselor and provide proof to his attorney.

Orange County Probation's specialized DV unit asked for a hearing this week to clarify the sentence because there is no such program as Domestic Violence Anger Management. You can order either Anger Management or BIP (which is geared toward counseling batterers about issues of power and control - not anger). The victim definately wanted BIP ordered. The judge was inclined to agree. HOWEVER, the Assistant State Attorney handling the case, Diane Murphy, said that anger management was acceptable. BIP was not ordered for Mr. Piantieri.

For CourtWatch, and for the victim, this is unacceptable! We need the State Attorney and his Assistants to do their best to enforce the law. That is what we as citizens should expect from our prosecutors.

11 comments:

  1. Steven Piantieri, as well as others convicted of domestic violence, should be attending the Batterer's Intervention Program in accordance with statutory requirements. They should also be receiving the mandatory jail time. There is no excuse for the State Attorney and his Assistants not following these simple guidelines. These rules were put in place for a reason and that was hopefully to educate these defendants so they will not repeat their violent behavior. Diane Murphy had her opportunity to possibly make a change in Mr. Piantieri's future behavior while upholding the law and she blew it!

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  2. See related blog for Steven Piantieri posted April 1, 2009, "Kudos to Judge Roger McDonald".

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  3. Why wouldn't Judge McDonald order Steven Piantieri to some jail time or at the very least BIP?
    According to www.myorangeclerk.com this isn't his first offense. 1990, Case# 90-CF-0007376-O multiple charges of Felony Battery and 05/2008 Felony Aggravated Battery.
    Also www.nassauclerk.com 03/2007, Case#45-2007-MM-000257-AXXX-YX Domestic Battery.
    The State Attorney's office uses the excuse they are overworked and under staffed which is true, but how much more effort would it have taken for Asst State Attorney Diane Murphy to agree that BIP should be ordered and why didn't the Judge insist on it? Maybe if they imposed the proper punishments the first time around they wouldn't be so busy with the revolving door mess they themselves have created. Have they ever heard that it takes less time to do a job right the first time because you don't have to keep going back to re-fix it? Maybe it's their way of insuring job security!!
    Reading Laura's Blog has been an eye opener. If only she had a weekly column in the Sentinel so more people were knowledgeable of the crap that goes on in our courts. The sad thing is that you don't realize it until you become involved in the judicial system and and by then it's too late. Unless you're a criminal, then you've got it made.
    My prayers to the Victims.

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  4. Steven Joseph Piantieri Domestic Violence: Charged with Felony Battery (3rd Degree) which has a maximum possible penalty of 5 years in prison. The defendant pled guilty to a lesser charge of simple battery and received 1 year probation, ordered to have no contact with his victim, continue with mental health counseling, attend anger management class, community service, and write a letter of apology to his victim.

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  5. In State v. Steven Piantieri 2008CF16896 (about which we previously blogged), defendant was charged with felony battery and pled to misdemeanor battery on 3/31/09. He was ordered to complete 1 year probation; have no contact with the victim (yet he was ordered to write her an apology letter!); 1 day jail with credit for time served (where is our 5-day jail term?); complete 35 hours of community service; continue with anger management counseling on a weekly basis with his existing counselor and provide proof to his attorney.

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  6. State v. Steven Piantieri

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  7. State v. Steven Piantieri

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  8. State v. Steven Piantieri

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  9. State v. Steven Piantieri : Piantieri went back to court 11/18/09 requesting to have his probation terminated early. After listening to the Victim's statement, Judge McDonald rightfully denied Piantieri's request.

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