One Down, One to Go - The Shannon Burke Saga

Shannon Burke's plea deal in Seminole County on November 20th doesn't surprise me in the least. In the nearly three years I've been courtwatching, I've seen hundreds of cases either dropped or have minimal sentences when the victim does not want to help prosecutors hold their batterers accountable for breaking the law.

Believe it or not, his sentence is more severe than most. And it focuses on his assault to the dog (breed is pictured here), not on his treatment of his wife. Click here to review the evidence photos.

Catherine Burke was initially gung-ho about prosecuting her husband. But as is often the case, he is working very hard to redeem himself in her (as well as the public's) eyes, and she has decided to give him a second chance. It is a terribly difficult thing for those who've never walked in the shoes of a victim of domestic violence to comprehend - particularly when she almost lost her life. But as a survivor myself, I understand the numerous factors that go into influencing victims to give their partner another chance.

To recap, Burke pled to one count of Using a Firearm While Under the Influence of Alcohol and one count of Animal Cruelty. The charge of violating the conditions of pretrial release on the domestic violence case was dropped. He will be required to serve 6 months in jail (he must turn himself in by December 31st to begin serving), 3 years probation, and 100 hours of community service at an animal shelter. In addition to continuing his current counseling, Burke must attend one AA meeting each week and complete a firearm safety class.

All in all, it's a good sentence for a first-time offense (though there was another similar offense of discharging a firearm with a different woman for which he was never arrested). It's much tougher than most I see (which is a sad testament about our criminal justice system). Most first-timers have adjudication withheld, which means that if they successfully complete their probation, they are not considered a convicted felon.

I am disappointed, however, that the State did not require him to complete the 26 week Batterer's Intervention Program. The counseling he is currently doing will hopefully deal with the issues of power & control.

I am also disappointed that Judge Marlene Alva will permit Burke to participate in the Work Release Program if he qualifies. I hope his new radio gig, where he has bought his own air time, does not qualify as a "job" for Work Release purposes.

One down.

One to go.

Burke is scheduled for his Violation of Probation hearing on a 2007 DUI charge in Orange County next month. There are two hearing dates set - 12/4 and 12/14 - and we're not certain yet exactly when it'll happen. But we'll be keeping a watchful eye on it.

By the way, once it was all over in court on Friday, did anyone notice the Sentinel mention that Shannon asked his wife to fix him meatloaf for dinner Friday night? Seems to me he's the one that ought to be fixing dinner for her after all that he put her through.

"Lie to Me"

Stunned and speechless. That's how I felt when Catherine Burke told WESH Reporter Dave McDaniel that victims of domestic violence should keep their abuse a secret. CourtWatch commends WESH for seeking comments from Carol Wick of Harbor House in order to balance the dangerous message that Mrs. Burke expressed. Because it is only when domestic violence is brought to light that abusers and victims can get the help they need to break the cycle of abuse. Far too many victims fail to seek help with law enforcement and the courts because they fear they will not be protected from their abuser. Judge Marlene Alva is, in our opinion, doing a superb job of making Mrs. Burke's safety a priority. But this case highlights the not uncommon situation that prosecutors of domestic violence face daily - that of a recanting victim.

If you've ever watched "Lie to Me" on Fox, you'll be familiar with the practice of deception detection by comparing our microfacial expressions and body language with what we actually say. Susan Constantine is a body language expert here in Central Florida. I asked her to review the Burke interviews.

Regarding Catherine's interview on WESH, Ms. Constantine provided the following assessment:

• Mrs. Burke shows sadness in all regions of the face. The forehead shows distress, her eyebrow angles up in the inner corners, and down on the sides. The mouth's outer corners are slightly turned down in sadness. It is my opinion she is dealing with sadness and anxiety. Anxiety is shown in the shifting of the eyes back and forth from side to side, rapidly. She is vulnerable, lonely, and insecure. What I don't see is anger. She warns women "not to" report domestic violence because the system is prohibiting her from having contact with her husband. She does not show anger with the system or the judge. If she were angry, her voice, and facial expressions would have been presented "as anger" (horizontal tight lips and eyelids would have narrowed with lower lid tightened). Therefore, her words and body language were incongruent. She is a target for repeat violence because she does not see what Shannon did as domestic violence.  [emphasis mine]  The battered wife syndrome causes one to soften the blow with soft words and voice to ward off the intruder (being the press) and, at the same time, she is manipulating the public opinion with her soft tone to protect her husband.
  
• She says she was not abused, then leans forward with an affirmative while nodding her head yes. This is an emblem. An emblem is a body movement gesture that has a universal meaning in the US. When she says she was not abused, she nods her head yes when it should have shook no. She was not confident that she convinced the reporter because she leans in to convince the reporter with an affirmative indicating she was not fearful.
  
• She stated "IF (meaning she was) I was abused, and I was not, but IF (meaning she was) I was" (at this time the corners of mouth went down in sadness). She does not believe her own story.

Here's FOX's version of Catherine's interview.

Regarding Shannon's FOX35 interview with Amy Kaufeldt:

• His 3 corner leg stance is one of confidence. His left arm is stretched over the sofa in the direction of the reporter (this is a non-verbal hug of wanting approval). His body language betrays him with his right hand. He leaves his right hand placed near his groin, and is not visibly out front in an open body posture. The right hand is hidden as if he got his hand caught in the cookie jar (a "hiding something back" gesture).
  
• Shannon shoulder shrugs often. This is an emblem too. If he shrugged at the same time as saying "I don't know" this would have been believable although, he shrugs when his words are not consistent with his words "deceptive." He has a lot of anxiety.
  
• The most telling is when he was asked if he was dangerous. He answers a question with a question. "Have you ever known me to be dangerous?" This is a rhetorical devise of "deception." He should have said "no."  He does not take ownership for his actions [emphasis mine] and uses another rhetorical device called "petty fogging" when he says this. One side corner of his mouth goes unilateral.  This is "contempt" (moral superiority and duping delight gesture - this happens when he thinks he has pulled one over on you). The facial gesture appears and then he used a "petty fogging" rhetorical device again by diverting the audience away from the issues at hand to present himself in a positive light when shifting to telling the audience he fixed a clock at the park with his child.
  
• In my opinion, the judge made a good decision to keep them separated until they go through more counseling.

Susan, I second that opinion.

Kudos to Judge Marlene Alva

The Sentinel reports that Shannon Burke was granted permission by Circuit Judge Marlene Alva to participate in marriage counseling with his wife Catherine. But Judge Alva refused to give the couple unlimited contact. She ruled that the former radio personality may talk to his wife during marriage counseling sessions but at no other time. Alva also refused his request to order the removal of Burke's GPS tracking device.

It is not uncommon for a victim to request contact, and even undergo marriage counseling, with their spouse - even after a serious assault.

I hope that the therapist that the Burkes meet with is thoroughly trained in the dynamics of domestic violence. And I hope that they each engage in individual counseling:

• Shannon: to understand and change his attitude about the reasons why he felt it was acceptable to use a gun to threaten his wife; and
• Catherine: to develop a comprehensive safety plan.

CourtWatch applauds Judge Alva's efforts to keep the victim safe.

Media Coverage of Burke Didn't Tell the Whole Story

Since posting my thoughts about Burke's bond hearing on this forum, I've come to the conclusion that there are two things out there re-victimizing Shannon Burke's victim in this situation. The Court System and the Media.

My conjecturing about Mrs. Burke's apparent approval of the deal was based upon her presence in the courtroom. I see victims endure tremendous pressures in these situations, and they very often refuse to participate in the prosecution. Many victims attend these hearings to be a witness on behalf of their abuser. Sometimes they want the relationship to work out and are willing to give their partner another chance. Sometimes they're so intimidated that there will be future retribution that they do "cave in" to their partner's pressure. Sometimes they just want their partner to get help (psych, drug, alcohol, etc.) in the hopes that he'll get better & will be the charming, loving man they know he is capable of being. There are as many reasons why a victim doesn't vigorously work to put her batterer in jail as there are victims. It's not our place to criticize the victim's decisions. We should, instead, focus our attention upon the perpetrator's behavior.

Only WFTV aired a (too) brief comment that Mrs. Burke was not in favor of the stipulated agreement. I don't know if her attorney provided an on camera interview to any of the reporters there, but Catherine Burke's voice (either directly or through her attorney) was not heard on Wednesday - either inside or outside the courtroom. It should have been. And it should have been emphatically reported that she was opposed to her husband's release from jail.

Which brings me to the State's role in re-victimizing this woman who almost lost her life. If she was opposed to the "deal," they absolutely should not have struck it with Burke's attorney. In this era of huge budget cuts, our prosecutors are at a distinct disadvantage when dealing with private attorneys. In addition to concerns about the expense incurred in keeping someone incarcerated, they simply don't have the time/resources to always involve all the parties concerned. In this case, neither of the other women who filed injunctions against Burke immediately after this crime were notified, much less consulted, when the State was negotiating with Burke's attorney. Their lives, and those of their children, are also potentially at risk. Legally speaking, they were not victims in this case and therefore the State is not required to contact them. But an adequately funded prosecutor's office that has sufficient advocates to keep victims safe would (hopefully) be concerned about their well-being too. Because an Assistant State Attorney's pay is often not sufficient to pay student loans and keep a roof over one's head, many of our best young prosecutors and public defenders quickly move into private practice, leaving a new crop of young, usually inexperienced lawyers to keep our community safe. The defense attorneys know this and work it to their advantage.
Catherine Burke had a right to address the judge at the bond hearing. In reviewing the video footage, I did not hear the prosecutor mention that she wanted to address the Court. I did not hear Judge Alva ask if she wanted to address the Court. She was available in the courtroom. I do not know if she wanted to say something, but she should have been asked.

To reduce the charges to "Shooting Into Occupied Dwelling" from Aggravated Assault with a Deadly Weapon (when it possibly could have been charged as Attempted 2nd Degree Murder) is an insult to Mrs. Burke and to domestic violence victims everywhere. It minimizes her husband's behavior and sends the message that what he did wasn't worthy of more vigorous prosecution. I will be surprised if Shannon Burke sees the inside of a jail cell again as a result of this incident. I fear that another, more violent one, is in his future.

Click here to see what rights the Florida Statutes afford to victims of crime.

Shannon Burke Gets Bond

It's puzzling to me that the two other women who filed injunctions against Burke after he shot his wife were not contacted by the State's Attorney, nor were they consulted about the agreement made at today's hearing in Seminole County that allows Burke to get out on bond. Even though his wife Catherine is the victim in this case, their safety (and that of their children) should not be disregarded.

In fact, the most serious charge of Aggravated Battery w/Deadly Weapon was changed to Shooting Into Occupied Dwelling. An inch or less in the wrong direction, and Mrs. Burke would be just another name on CourtWatch's DV Fatality List for 2009. It sounds to me as if the State believes Burke's story that it was an accident (even though it is alleged in his wife's petition for injunction that he replaced the magazine in his pistol after it failed to fire the first time). Or maybe they think they can't prove more than that. In any case, I'd be surprised if he gets any real jail time after this.

Perhaps his wife has caved in to pressure from Burke and isn't prepared to participate in prosecuting her husband criminally. Perhaps, as is often the case, she just wants him to get the alcohol/drug counseling/treatment that she hopes will "cure" him. I sincerely hope that the treatment that was ordered today helps. But he still needs counseling about his need to exert power and control over his partner. The State should have made a BIP (Batterer's Intervention Program) after he gets out of the the in-patient program part of the deal .

Video of Burke's appearance before Judge Marlene Alva may be viewed at http://www.cfnews13.com/News/Local/2009/5/27/shannon_burke_returns_to_court_today.html

His wife's Petition for Injunction may be viewed at http://courtwatchflorida.org/uploads/Burke_Petition_for_Injunction.pdf