Whatever happened to . . . ? #38

Today we're featuring Orange County domestic violence & child abuse/neglect cases that were featured in the media:

Ward, James Robert ("Bob")

2009-CF-013977-A-O

2nd Degree Murder w/Firearm

Defendant was convicted by a jury of killing his wife in their Isleworth home

Defendant was sentenced to 30 years DOC (25 years minimum mandatory) with crecit for 102 days time served.  Click here for previous blog about the first bond hearing in this case.

Stewart, Justin Lee

2009-CF-013317-A-O

1st Deg Murder; LSOA w/Injury

Defendant allegedly ran over and killed a woman in a hit-and-run road-rage incident after an argument at a nightclub. Defendant's mother Randi Joy Abrams, pled no contest to attempting to cover up evidence relating to the vehicle (2009-CF-013322-B-O). Not sure if this case was DV related.

Pled no contest to Attempted Manslaughter w/ Weapon & Leaving Scene of Accident w/Death, and sentenced to 15 years DOC w/credit 2 yrs 84 days time served.

Freeman, Keira

2010-CF-016249-A-O

2nd Degree Murder

Defendant allgedly stabbed her fiance to death

Pled guilty to manslaughter and was sentenced to 12 years DOC w/credit 1 year 9 days time served.

Gibson, Louis Jean

2011-CF-003266-A-O

Arson of Structure Known/Believed to be Occupied 

Defendant allegedly set a mattress on fire in his family's apartment because he was upset at a guest living in the apartment.

Pled to Attempted Arson and sentenced to 180 days jail w/credit 40 days time served; 29 years & 6 months probation.

Whitted, Benjamin

2011-MM-007937-A-O

Battery

Defendant was shot by a deputy when he allegedly refused to stop strangling his girlfriend. Defendant's injuries were not life threatening.

Defendant was acquitted by a jury

Donaldson, Jahlea L

2010-CF-009976-A-O

Burglary of Dwelling w/Aggravated Assault WDW; Intro Contraband into Correctional Facility

Defendant, her sister & a friend allegedly assaulted her sister's ex-boyfriend inside his apartment w/a broken bottle of hot sauce

Case nolle prossed

Malofsky, Louis

2011-CF-005323-A-O

Robbery w/Firearm; Agg Assault WDW; Battery

Defendant, an off-duty OCSO deputy, allegedly beat a man who had a relationship with his adult daughter

No information notice filed – case dropped

Thornton, Stanley

2011-CF-005597-A-O

Home Invasion Robbery w/mask; Battery; False Imprisonment

Defendant allegedly pretended to be a flower delivery person & assaulted the victim in this 2004 Windermere case. Former Police Chief Daniel Saylor never investigated the FDLE DNA hit in 2007.

No information notice filed – case dropped

Lewis, Jessica M

2011-CF-009926-A-O

Cruelty Toward Child Abuse w/o Great Harm

Defendant allegedly beat her 22-mo old child at the Magic Kingdom because he would not walk properly

Pled no contest, adjudication was withheld.  Defendant was sentenced to 1 day jail with credit 1 day time served, 18 months probation and 100 hours of community service.

Garcia, Elvin

2011-CF-009376-A-O

Agg Child Neglect

Defendant's 18-mo old child was spotted drinking beer in the front yard while defendant was allegedly passed out

No information notice filed – case dropped

Tato, Elizabeth

2011-CF-014253-A-O

Neglect of Child

Defendant's 11-yr old son was allegedly left inside her car for more than an hour as it was repossessed while she was gambling at a strip mall

No information notice filed – case dropped

Thomas, Ashley

2011-CF-016320-A-O

Neglect of Child

Defendant's 3-yr old son was found wandering the hallway of a motel while she allegedly went to a liquor store for at least 2 hrs.

No information notice filed – case dropped

Fast food & fast justice

Approximately one year ago, CourtWatch began a letter writing campaign to specific locations of the above fast food restaurants in our community because Judge Sally Kest was ordering unmonitored exchange of children between parents in domestic violence injunction cases at their locations. We dubbed these "McDonalds Exchanges" because the golden arches was overwhelmingly ordered by the judge as the site for these potentially dangerous encounters.

To understand how risky this practice is, we have only to remember the case of Emmanuella Biziyaremye, age 28, who on May 6, 2007 had a copy of her final injunction in hand when she went to meet her estranged husband to retrieve her children from their visit with him.  This injunction, granted by Judge Janet Thorpe only 17 days earlier, designated the parking lot of the Walgreens store at East Colonial Dr & Bumby Rd as the place where the parents would meet. This site was selected because there were video surveillance cameras that covered the parking lot.

Mrs. Biziyaremye was shot twice in the head by her husband, Anselme, who then fled to Jacksonville where he was killed a few days later in a shootout with law enforcement after threatening suicide.

The couple's children had been left with a friend in Orlando by their father before the shooting of their mother.  Another child, whom the victim was babysitting, was present in her car and was unhurt.

Judge Kest did this so frequently that her injunction paperwork has the instructions pre-printed on it.

How is it that the other two judges in the Injunction division manage to order only monitored exchanges in the cases they hear? The options are:

• via school, daycare or babysitter where one parent drops off in the morning and the other picks up in the afternoon
• via a family member or friend who is agreed upon by the parties (either at that person's home or that person does the transporting of the children)
• via Family Ties at the courthouse during regular business hours or at a downtown location on weekends.

CourtWatch recognizes that the Domestic Violence with Children injunction hearings can be the most difficult ones to conduct. The parties can be acrimonious and unwilling to negotiate with one another.  Their geographical and/or work schedule differences can make it nearly impossible to work out an arrangement that will be satisfactory to both parents. But the other judges seem to have it figured out. They seem to be more willing to take the time needed during these hearings to broker an arrangement between the parties.

A minor victory
Shortly after our first letters landed on the desks of fast-food restaurants around Central Florida, we received a call from McDonalds asking how they could have their restaurant removed from an injunction.  Rather than provide their attorney with the case number (because we wanted to avoid having the parties yanked back into court, thus inconveniencing them and potentially inflaming their situation further), CourtWatch recommended they write to Judge Kest and copy Judge Perry on their request.  I since learned they did exactly that.

A short time thereafter, we watched another hearing where Judge Kest was ordering unmonitored exchange, but this time said "Pick a family-friendly restaurant that's convenient to you both.... anyplace but McDonalds."

It's interesting to note that McDonalds recognizes the potential for danger. Not only does this practice jeopardize the safety of the victim and children involved, but also the restaurant employees and its patrons. Just because a court order spells out how to "safely" conduct the exchange, there is nothing to prevent a violent abuser from arriving early and doing what Mr. Biziyaremye did.

It's also interesting to note that none of the other letter recipients, to our knowledge, acted upon the information we provided to them.

We wonder why Judge Kest doesn't seem to, in spite of the specialized training that is available to judges, understand the danger as well. Nor does she seem to recognize that it is against the law for her to order that a business be mandated to conduct commerce (specifically the unmonitored exchange of children) for which it is not designed.

Last month, Judge Kest transferred to Domestic Relations division where she hears divorce cases. Unfortunately, she is still in a position to order the unmonitored exchange of children while in a courtroom that CourtWatch does not traditionally visit.  We can only hope the practice ceases.

Whatever happened to . . . ? #33

Today we're featuring domestic violence related cases.  Note that only one individual was sentenced to time in DOC....

Johnson, Carla

2009-CF-012133-A-O

2nd Degree Murder

Defendant allegedly stabbed her boyfriend to death at a boarding house

Pled to manslaughter w/weapon, adjudicated guilty.  Sentenced to 15 yrs DOC w/credit 1 year 319 days time served

Harp, Cedric

2009-CF-018200-A-O

Manslaughter; Battery DV

Defendant (age 33) turned himself in to OPD after he allegedly killed his wife - Defendant has had 47 felony arrests. Two children in the home at the time were sleeping.

Pled no contest to Manslaughter – adjudicated guilty.  Battery DV charge dropped.  Sentenced to 6 months jail w/credit 80 days time served; 5 yrs probation.  See previous blog here

Garcia, Reyes

2011-CF-000711-A-O

Shoot/Throw Missile into Dwelling; Improper Exhibition of Weapon; Att Agg Assault w/Deadly Weapon.

Defendant allegedly almost shot his 8-yr old grandson during an argument with his 2 adult sons

Pled no contest to Count 1 – adjudication was withheld; other counts dropped; sentenced to 24 months probation.

Ertel, Allen M

2011-CF-000631-A-O

Agg Assault w/Deadly Weapon; Resist Officer w/o Violence (2cts); Criminal Mischief

Defendant allegedly kicked his way out of an OCSO patrol car window & briefly escaped after being arrested for a DV-related Agg Assault w/Firearm

Pled no contest to Resist Officer w/o Violence & Criminal Mischief – adjudicated guilty; other counts dropped.  Sentenced to 153 days jail w/credit 153 days time served; 6 months probation.

Johnson, Bryant

1994-CF-003095-A-O

1st Degree Murder; Armed Burglary

Defendant was found not guilty by reason of insanity two years after the 1994 the ax murder of his 75-yr old father after the father evicted him from the home

Case was dismissed – defendant adjudged insane.

Cabrera, Sonia

2011-CF-008826-A-O

Agg Battery

Defendant & her boyfriend (former NFL player Daryl Gardener 2011MM294E) were arrested at UCF after she allegedly threw a bottle at him & hit him with a tire iron when arguing about another woman.

No information notice filed – case dropped.

Reiger, George C Jr

2011-CF-009134-A-O

False Imprisonment; Battery Dating Violence; Criminal Mischief

Defendant, known as the "Disney Guy" because of 2200+ head-to-toe Diseny tattoos, allegedly assaulted assaulted his girlfriend while at a Disney hotel

No information notice filed – case dropped.

Phillips, Dion Jordain

2011-CF-007783-A-O

Att Assault w/Firearm; Att Kidnapping

Defendant allegedly threatened his girlfriend and attempted to kidnap her after she found a text message from another woman on his phone

No information notice filed – case dropped.

CSI: Orlando

Yesterday was one of the most gruesome days in court I've ever experienced. The photos of the victim's injuries that were projected on the screen were worse than what you see on any of the CSI shows - probably because you know that what you're seeing really happened.

Thankfully, the group of schoolchildren that came into court while the 911 tape was being played left before they saw those photos. I'm not sure if a deputy alerted the teacher or if she figured it out on her own (I was getting ready to tell her what the case involved but they were already exiting). I've often told people who want to watch a trial to check in with the staff in the jury assembly room to find out which judges are in trial. It might be a good idea for cases like this to be flagged as inappropriate for school groups.

I watched the third day of State v. John Crimins (2009-CF-018633-A-O) wherein the defendant is charged with Attempted 1st Degree Murder, two counts of Aggravated Battery (Great Bodily Harm), Cruelty to Animals, and Violation of Pretrial Release Conditions on a Domestic Violence case.

Mr. Crimins was arrested for attempting to kill his child's mother's new boyfriend in December, 2009. He also allegedly killed her chihuahua a few days before. Testimony presented at trial showed that he went to her home, assaulted her new boyfriend with a meat cleaver (completely severing 4 fingers on the victim's left hand and leaving his right thumb with only a bit of skin to keep it attached to the hand), cut her, and fled the scene. Crimins' 4-yr old daughter was in the house while the assault occurred in the front yard.

When I arrived in Judge Bob LeBlanc's courtroom yesterday, the State had already rested its case and the female victim was testifying on behalf of the defendant. She claimed that her new boyfriend was really just her drug supplier. She felt responsible for the assault because she had earlier told Crimins that she was going to kick the new boyfriend out of the house and that he could come back later that night.

Most people wonder why someone who had suffered such a brutal assault would testify on behalf of the perpetrator. But she told us why. She wants her 4-yr old daughter to have a relationship with her daddy. She even stated she didn't want to have any part of sending him to prison.

The "happily ever after" and "Prince Charming" stories that little girls are taught in childhood leave a strong impression when they get old enough to start dating. 

Additionally, family courts frown upon parents who attempt to thwart the other parent's efforts to spend time with their children. The message, when you're in the throes of a divorce/separation is clear.  If you don't make every effort to facilitate the other parent's relationship with your mutual child, you could be held in contempt.

The defendant, knowing about her drug usage, had threatened to call DCF in the past.

Most mothers, even those who use drugs, will do anything to keep from losing their child.  Using children as a weapon to continue controlling the other parent is perhaps the most powerful thing an abuser can do to their victim.

There was "bad blood" between the men, even though they had never met face-to-face before that night.  Crimins testified on the stand that when they finally did meet, they were "doing the whole alpha male thing." Tragically for the victim, Crimins came armed with a meat cleaver and a knife (he is employed as a chef), alleging that he was in fear of being assaulted because of the threats that had made to him before. Interestingly enough, Crimins (who had 12 years of martial arts experience and knew how to disarm an opponent) told the detective when he was arrested that he was not afraid of the victim.

Crimins also admitted to having violated the Court's "no contact" order that was imposed as a result of an assault upon his girlfriend earlier in the year. That case is still pending.

Crimins couldn't seem to remember how many felony convictions he had. The State introduced evidence of two cases from New Jersey and two from Seminole County. The Florida cases were of a domestic nature and involved this same victim.

Perhaps most chilling, Crimins explained how the dog died. He claimed that the dog ran into the street and its head was crushed under the wheels of a light truck that drove by. When asked by the State if he had ever seen a dog with a crushed skull before, he replied "several times." He elaborated by saying that "two girls that I dated growing up both had dogs that got hit the exact same way. Chasing a car and the back tire ran over the head." Crimins' ex was then recalled to the stand and testified that the defendant had told her that she needed to come get her dog (whom he had rescued from the house after she allegedly abandoned it without food or water after the earlier assault) because it would get hit by a car.
Hmmm. That's a bit too coincidental to be a coincidence. Does anyone else see a pattern here?

When shown a photo of the dog's body, which was found on the defendant's property, the victim had difficulty in identifying the animal as hers because of all the blood. The detective who investigated the case later testified that the dog appeared to have a stab wound.
 
The jury is deliberating right now.

                
VERDICT
Friday, 3/25/11 at 3:10 PM:
Attempted 1st Degree Murder: hung jury
Aggravated Battery (male victim): guilty (30 years DOC maximum)
Aggravated Battery (female victim): not guilty
Animal Cruelty: not guilty
Violation of Pretrial Release Conditions on DV case: guilty (5 years DOC maximum)

Sentencing scheduled for April 7, 2011 at 10:00 AM in Courtroom 7D

4/7/11 UPDATE: Judge LeBlanc found Crimins to be a Habitual Felony Offender, which permits him to impose a sentence that is greater than the statutory guidelines for the offense. In this case, the State requested LIFE in prison, while the defense requested the 81.68 months that he scored. The Court sentenced Crimins to 30 years in prison, ordered restitution to the victim who suffered the cleaver attack, and ordered no contact with the victim.

Crimins' ex-girlfriend, who was also wounded that night, called the Court from NC and told the judge that she loves the defendant, her daughter wants her daddy, and that Mr. Crimins should not have to pay for the mistakes of other people (alluding to the fact that she invited him to the house that evening, in spite of a "no contact" order being put in place).

Judge LeBlanc emphasized more than once that the defendant had no right to be at the home and stated, "I'd be hard pressed not to find he's a danger to the community with his record."

I would agree with the Judge's assessment of his record.

Kudos to ASA Sarah Freeman and to Judge LeBlanc for holding this man accountable.

As a result of the many hurtful comments from both sides on this forum, I have decided to delete all comments relating to this case and not permit additional posts on this blog. I refuse to permit this site to be used by either side to antagonize the other.

Whatever happened to. . . .? #28

Several cases of interest have been resolved during my lengthy absence from the blog website here. Some of these were covered in the media when they were sentenced, but most were not. More to follow in coming days.

William Osvaldo Ferrer
2010-MM-010796-A-O
Leaving Child Unattended/Unsupervised

Defendant allegedly left his 17-mo old child locked in a truck while he went into a bar where witnesses claim he drank 2 beers during 30-45min time inside. A passerby called police at 1am.

Defendant pled guilty and was sentenced to 60 days jail with credit 1 day time served; 59 days were suspended if he successfully completes 180 days of probation, parenting class, and substance abuse evaluation.

Jeremy Adams
2010-CF-011138-A-O
Felony Battery; False Imprisonment; Petit Theft; Tampering w/ Witness to Hinder Comm to LEO; Cruelty to Animals; Petit Theft
Defendant allegedly choked his girlfriend, took her phone & debit card, and kicked & threw her two dogs around the apartment
Defendant pled to Felony Battery and was sentenced to 2 days jail with credit 2 days time served; 363 days probation; 50 hours of community service; complete Batterer's Intervention Program; and have no contact with the victim.

Lawrence G Smith
2010-CF-010257-A-O
Felony Battery; Shoot/Throw Missile Into Dwelling; Agg Assault w/Deadly Weapon; Improper Exhibition of Weapon 
Defendant allegedly pointed a gun at his wife and after firing several 'warning' shots, fired a round that struck her in the left hand.
Defendant pled to counts 1&3 and was sentenced to 52 days jail w/credit for 52 days time served; 4 years probation; restitution; BIP; no hostile contact with victim.

Christian Andrew Rizk
2010-CF-010136-A-O
Battery; ROWOV; Battery DV; Cruelty to Animals; ROWV; ROWOV; Assault DV
Defendant allegedly strangled a cat and beat up his girlfriend after he claimed to see demons
Defendant pled to counts 1&2 and was sentenced to 48 days with credit 48 days time served; 317 days probation; anger management; and 50 hours community service.

Rosalinda Norma Vargas (a/k/a Boyd)
2009-CF-015714-A-O
2nd Degree Murder
Defendant allegedly stabbed her boyfriend during an argument in their home - Defendant has a long history of being abused by victim, Jozel Laster, and in other previous relationships.
Defendant pled no contest and was sentenced to 180 months in DOC with credit for 1 year 39 days time served.

Kamlesh Babulal Agrawal
1999-CF-009988-A-O
1st Degree Murder
Defendant was extradited 7/08 from India for the slaying of his female cousin, with whom he shared an apartment while attending UCF. Her body was found in an apartment closet after he fled.
Defendant pled and was sentenced to 25 years in DOC w/credit for 10 years 154 days time served.

Jesus Noel Ortiz
2010-CF-008501-A-O
Kidnap w/Intent to Inflict Harm/Terror w/Weapon; Battery; Possess Drug Para
Defendant allegedly forced his girlfriend into a car at the Coalition for the Homeless and drove her away from there.
Defendant pled to False Imprisonment and was sentenced to 185 days jail w/credit for 185 days time served; 54 months probation; and ordered to have no contact with the victim.

Laquanda Tamel King 2010-CF-009831-A-O

Michele Lavett Bell 2010-CF-009830-A-O

Laquanda Michele Hill 2010-CF-009858-A-O

Neglect of Child w/o Great Harm (13cts)

Co-defendants were employees at a daycare who allegedly walked off the job they were employed after a dispute w/the owner, leaving 12 small children in the care of a 9-yr old.

The State dropped the charges for all three co-defendants.

Carlos L Irizarry

2010-CF-007471-A-O
Aggravated Assault
Defendant was an Osceola County Commissioner when he allegedly brandished a gun in an argument w/his estranged wife.
Defendant pled to improper exhibition of a firearm and was sentenced to 30 days jail with credit for 2 days time served; 1 year probation; and BIP.

Listen . . . or else!

Shannon Burke is back in the news. Thankfully, nobody was shot.

Many domestic violence advocates are dismayed at the tasteless imagery that he has chosen to use in order to attract listeners (and presumably, more advertisers & money). I am also astonished that a Christian radio station would endorse such imagery, particularly with Burke's history of domestic violence, animal cruelty, and firearm charges.

Why would someone who professed to be a changed man (see earlier blogs on Burke's repentance) want to perpetuate this "bad boy" image? In his interview with WKMG, Burke reports that his has been sober 21 months. I applaud his efforts in that battle.

A domestic violence advocate contacted Carl Como, owner of the radio station, with her complaint. He told her:

• She must be one of those women who'd had a bad experience with a man.
• That before Shannon shot his wife and her dog, it had been over two years since he'd beaten a woman and he deserved another chance.

I encourage you to let Carl know what you think of his stance on the subject. Email him here. Or you can call him at 407-774-8810.

As Chief Judge Belvin Perry once said at a sentencing hearing I monitored, "I often hear from defendants who find Jesus when they're in jail. It's too bad that when they get out, they leave Him there."

UPDATE 2/3/11: Shannon Burke billboard comes down

UPDATE 2/11/11: New "billboard" on Burke's facebook page

Thanksgiving Contemplation

As you take time over the next few days and weeks to enjoy your family and friends, please remember that the holidays are not joyous times for many in our community. There are people - perhaps yourself, your friends, neighbors, co-workers, or members of your congregation - that are struggling. Bereavement, financial woes, health concerns, and relationship issues are some of the things that can conspire to rob us of our joy at this (or any) time of the year.

An attitude of gratitude doesn't just happen. When we are intentional in developing it, an amazing thing happens. Joy returns to our lives. When we take the time to reach out and help others - whether it's with our time, talents or money - our own lives are enriched.

I am truly thankful for the opportunity to help victims of domestic violence, sexual assault and child abuse through CourtWatch. And I am thankful for those of you who have supported our efforts with your time, expertise, and financial support.

I received this email from a victim of domestic violence who had a hearing this week after I told her CourtWatch would be attending:

Thank you so much, you know very well what your support means to me. Please help me to pray for the best.

Yesterday I stopped by Harbor House's office before leaving the courthouse to go about the many errands that needed to be done in order to prepare for our family's Thanksgivinig feast. As I was wishing the staff and volunteers a Happy Thanksgiving, I noticed a solitary woman, perhaps 40 years old, sitting quietly alone in the waiting room. One eye was swollen shut from an obvious beating she had recently received.

I assume she was waiting to find out if the judge was going to grant her request for a hearing and provide a temporary injunction.

As I walked to my car, thinking of her plight, I wished I had thought to invite her to our family's dinner. For the umpteenth time, I realized that I could have very easily been sitting where she was. And I thought about how much harder it is to leave a relationship during the holidays.

I'm told that victims often don't seek shelter in the days immediately preceding a holiday like Thanksgiving or Christmas. The desire to keep one's family intact is strong. Yet Harbor House's waiting room told a different tale.

It reinforced for me how valuable our program, as well as other advocacy organizations that serve victims of family violence, are to the community.

I encourage everyone to invest in the work that CourtWatch does so that we can continue to be a reassuring presence in the courtroom for victims. If everyone on our mailing list donated just $25, we would be able to fund a part-time volunteer coordinator for one year.

There's much about which we can be thankful. Please take the next few minutes to view this video of a song by Josh Groban and decide how you can be the change in your own circle of influence.

Domestic violence + child custody = no winners

CourtWatch's focus is to monitor the criminal and injunction courtrooms. But many cases that cross paths with those courtrooms also find their way to the family courts for custody and divorce matters.

We frequently receive pleas for help from victims in those cases. Because the people who have written fear retribution from the judges in their cases, I have concealed their identities. Here is a sample of just a few.

Dear Laura,
     I am the mother of an abused woman who has temporarily lost custody of her child to the abuser. My daughter is forced to go to 12 weeks of parenting classes because the abuser said she couldn't make oatmeal. Forced to do drug testing because he says she is on drugs. She has passed 50 drug tests and 6 hair follicle tests. The judge thinks she is altering her test. The judge will not let any evidence of domestic violence be presented. We have police reports, pictures and witnesses. The judge will not allow the older 12-year old child tell what he has witnessed. The judge said she would not listen to a "kid" say nice things about his mother!
      The father (abuser) is a criminal defense attorney. The father has had a 10-year cocaine habit. The judge threatens my daughter with contempt of court. We were told by our 4th attorney that a change of venue may give us a worse judge or make her very angry and she will be harder to deal with. These judges need to be accountable for ruining children's lives. My 5-year grandson is so depressed he tells his mother "when my daddy dies he won't be your boss anymore and when he dies I will not have to live with him anymore." He asks if he will be able to come home and live with his mother and brother. It breaks my heart. The older 12-year old has always been an honor student until now. He too is in counseling. We are broke from wimpy lawyer fees. Seems nobody gets it. We don't know where to turn. Legal Aid will not take my daughter's case because no lawyers are available. It disturbs me that the father has custody. I have tried to call different organizations for help. Most all organiztions are either a recording or refer to Legal Aid or you have to be on Welfare or the child in the system before anyone will help us. We do not have the money to do much of anything. 

Another woman writes:

Dear Laura,
     Not all victims are female and not all the abusers are male. My brother is a case in point. And he has not been able to get anyone to listen to or believe him throughout all these battles.
     As you referenced in your report, the last time DCF was called, they said if there were called again they would put my nephew (age 16) in foster care until he was 18. What's a father to do? The divorce was granted, but the mother was awarded 50% custody, so he cannot make any moves without her approval. So if it's something my nephew wants, she will automatically reject it. And if he refuses to live with her every other week, she has threatened to have my brother arrested for kidnapping and interfering with custody, and to take 100% custody herself. My nephew has tried not going with her, and the results were not pretty.  She is a very convincing psychopath and a pathological liar. Yes, there are witnesses, but no one will listen or give any credence.
     I truly fear for my nephew's long-term safety and security. Two more years is still a long time. And she will still end up the loser - why can't she see that? Those scars do not resolve overnight.

Another victim, with a criminal case pending against her abuser, wrote:

I am currently in a mess of criminal and family cases with my baby's father who was arrested for domestic violence against me. He also beat up his current girlfriend and was arrested for that assault 2 months after the incident with me. I have gone through all the steps that I have been told to do, and many I have not been told to do. I am so thoroughly exhausted and upset with the system and I feel like I have no one I can talk with.
    My ex is scheduled for his sentencing on aggravated assault with a deadly weapon, battery and culpable negligence next month. Our [preschool aged] son was present and in the midst of the violence that night. I did not know about my ex's plea date until 2 days beforehand and I made sure I showed up. He did not accept what was offered to him and asked for a pre-sentencing investigation, thus the August sentencing date. I was contacted by the PSI [Pre-Sentence Investigator] and asked to send a letter to the judge that he will attach to his report. I keep hearing that this judge is lenient and from what I saw in court that day, he is. Another man who was charged with battery and false imprisonment was only given probation!
      We also have an injunction violation hearing in the civil case. My ex has been approved for a phone in hearing and he entered a Motion for Modification of Timesharing to be discussed on that day. He is attempting to get my son up to the state where he has moved since being arrested in Tampa in March (the other battery case). The judge has allowed him 2 additional opportunities for visitation through Family Ties after he failed to sign up the first time.
      He managed to bring in custody issues at the Injunction Hearing in February and pretty much get what he wanted even though he is not on the birth certificate and has not spent much time around the baby.* He claimed I was keeping him from his son, and the judge twice looked at me and said "Both parents have equal rights and time with the child, there is no custodial parent." I was a bit naive to this whole scenario so I did not bring in his criminal history that day other than the 9 violent incidents I included in my injunction paperwork. That, I have learned, was a big mistake! Written in the Injunction Paperwork I am not allowed to leave Florida except to visit my family in another state 2 weeks at a time and that I must provide equal access to his family who also lives up there. That would not have been a problem for me but now he has moved up there with his family and now I have been advised to stay away from my home state from the Sheriff's office.
     My ex shows defiance to laws, court orders, and people. He has abused the system and his family by being given chance after chance throughout his mounting criminal career. He lives a high risk and deviant lifestyle by choice. He scoffs at any rehabilitation efforts and manipulates his way out of consequences. He is now a violent alcoholic, habitual offender and con artist with no remorse for his behavior. He has lied in court about his violence and bragged about spending only 30 days in jail for a 4th DUI.
     In the battery case, my ex was drunk and his intent was to kill me with no concern for our son. He was angry that he could not get to his alcohol and that I was calling for help. I have been in fear for my son’s safety and future, as well mine, since that night. To date, he has suffered no real consequences for his criminal actions. That is the reason I continue to be in fear.

*Legally speaking, a man is not considered to be a child's father unless he was married to the mother or unless paternity has been established by a judge in a Paternity Action. He has no legal rights to visitation, nor obligation to pay child support, unless paternity has been established. Some judges understand this. Others, unfortunately, do not.

It is heartbreaking when families break up and the children are used as a rope in a tug-of-war between the parents. Abusers know that engaging in a custody dispute is a surefire way to further harrass their ex.

I've also seen too many attorneys be less than vigorous in representing their clients in these courtrooms, primarily because they don't want to upset a judge before whom they have other cases. And their clients repeatedly pay exhorbitant amounts of money in a futile effort to protect their children.

Domestic violence + child custody = no winners, with children as the biggest losers in this equation

Failure to protect? Let's stop "victim blaming" once and for all

by Carol Wick, CEO
Harbor House, Inc.

Recently a woman was attacked in her own home. It wasn’t the first attack; it was the culmination of over 18 years of abuse: mental, physical, and undoubtedly sexual. During this attack, as is so often the case, her child tried to intervene and protect his mother. The result was that he was shot by the attacker (his father) in the head. His mother, panicked, did what any mother would. She grabbed the children and ran, taking her injured child to get immediate medical attention. While waiting for word on her child, staff from the Department of Children and Families came to the hospital and informed her that, despite the fact that the attacker was now in jail on no bond and no longer a threat, they were taking her children from her. Why? Because she had failed to prevent her attacker from assaulting her and therefore she was now the abuser.

The logic runs this way. If a mother remains with an abuser, she is putting her children in harms way. Rather than hold the attacker accountable, attempt to incarcerate the perpetrator or protect the mother so she can protect her children, the system seeks to hold the person least able to fix the problem accountable. Would we arrest someone in Pine Hills because they have failed to stop gang violence? Do we arrest individuals who leave their cars unlocked when someone steals their radio? No. Yet when this most basic of crime, physical assault occurs, we want to believe that we can say to the victim – make it stop. And here’s an incentive, make it stop or we will take your children away.

Failure to Protect is a term that we are working very hard to eradicate. In fact, through the Florida Coalition Against Domestic Violence (FCADV), advocates are working with DCF in Tallahassee to stop this practice all together. If, after 18 years, this mother could stop the abuse, don’t you think she would? Why do we continue to blame the victim for the brutal attacks and then sit idly by and point at her and say “well, make it stop?” Instead, this mother and her now further traumatized children, must be separated. How is the mother a harm to her children? She did the very best she could.

I have talked to literally thousands of survivors over the years. Never once did one of them tell me that they wanted the abuse to continue. On the contrary, they felt it was their fault and unbelievably, felt that they could, if they just tried hard enough, make it stop. And why shouldn’t they think that way? Apparently DCF does. And so does the State Attorney’s office. If you read the first article on this case, only a year ago this same man almost killed the mother. The charges were dropped because she would not testify. Remember the 18 years of abuse? This happens in about 80-90% of the cases. “Well, she doesn’t want to testify so what are we going to do?” is so often the response from the State.

We must, as those in the system that was created to protect victims, stop holding the victim accountable. It is imperative that we understand that someone who has been tortured for 18 years may be incapable of now standing up and testifying against their abuser or making him stop beating her. Yes, these cases are hard. Yes, they are frustrating. Yes, they sometimes end deadly.

But isn’t that why, if what we have been doing the same thing for the last 20 years and it isn’t working, we need to start trying something different?

You can read the entire story here.

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And the general public wonders why abuse victims fail to access the System for help?

Additionally, it is imperative that as citizens who sometimes witness domestic assaults, either in public or when "something" is happening at a neighbor's home, become involved. Call 911. Be prepared to testify in court. The State has had some success with prosecuting offenders even when the victim refuses to testify (or even testifies on behalf of the defendant).

Domestic violence is everyone's business. More perpetrators need to be taught by our community (the criminal justice system, their friends & neighbors, business associates, etc.) that abusive behavior towards their family will not be tolerated.

Laura