In June of 1995, the Michigan Battered Women's Clemency Project became a project of the Justice Committee of the Washtenaw County, Michigan ACLU. 64 The ensuing public outrage led to formation of a "law and order" Parole Board. One member of the Parole Board should automatically interview a prisoner serving a non-parolable life sentence after ten years. According to an objective standard, the fact finder asks whether a reasonable person would believe it necessary to use force to protect herself. Survivors of Terror: Battered Women, Hostages, and the Stockholm Syndrome. (See Appendix 15 for an explanation of the significance of the pre-sentence report.) The institutional file follows a prisoner from institution • : Contains all information relevant to a prisoner's medical history and treatment during incarceration. Atkins had entered the Ford Assembly Plant dressed in camouflage clothing and was carrying an assault rifle. Detroit, MI Shot in the chest and died on April 13, 1996.Lynn D'Orio, Lore Rogers, and Carol Jacobsen currently coordinate the Clemency Project. From 1976 to 1992, Parole Board members all had corrections experience and civil service protection. 72 Subsequent interviews will be conducted as deemed appropriate by the Board, but not later than every five years until which time as the prisoner is granted a reprieve, commutation, or pardon by the Governor, or is deceased. The Michigan instruction requires that a woman's belief be "honest and reasonable," but also directs the jury to consider "all the circumstances as they appeared to the defendant at the time." 101 The Michigan instruction makes no provision for the special circumstance of battered women with regard to the requirement that she believe her acts are " immediately necessary.". You will need a medical release to access this file. Domestic Violence Shelter Records Domestic violence shelters will not release records of client contacts without verbal or written authorization from the client. Hospital Records To obtain hospital records, call the patient records office at the hospital where your client went for treatment. He was looking for a female employee, for whom he had purchased an engagement ring, which she had rejected. John Moorer, age 41, with whom she lived, is charged with her murder. Clinton Township, MI Shot to death by David Gibbard, the ex-husband of Maria Joseph, on December 18, 1996.The Parole Board and the Governor of Michigan have thus far shown little interest in our cause. They had become worried about their daughter and were searching for her. After what a newspaper described as a "spat", Lisa Juchemich was stabbed by her husband Roger Juchemich, age 30, and shot in the back as she tried to escape from the house. Killed by a single shotgun blast to the abdomen August 25, 1997, by her estranged husband, David E. He sat in his pickup for over an hour waiting for her to return to her car after attending the first day of classes at Northern Michigan University. The amended statute provides a victim the opportunity to address and be questioned by the Parole Board at the hearing or to submit written testimony for the hearing. Research and common sense dictate that even non-lethal objects like fists, keys, books, bottles, hot food, or ashtrays can be very threathening--especially when the person wielding the object is significantly bigger and stronger. Some police departments archive their older records off-site. If the event you are researching led to a prosecution, and if records of the event have been shredded by the police department, try contacting the prosecuting attorney's office to see if they still have records on file. According to reports, he had been beaten and shot to death, by a friend, at his request. Oak Park, MI Shot to death February 26, 1997, along with her son-in-law Anjed Kahn.Their aim was to identify women inmates who were convicted of murder and for whom the battered woman syndrome was an explanatory defense, but for whom that evidence was either not raised, raised inadequately, or rejected by the judge. 63 This re-sentencing function is especially dangerous since prisoners do not have a right to counsel or to dispute inaccurate information at their hearing. Rather, a jury can and will consider the imminence requirement fulfilled when, for example, a woman kills her batterer with an honest and reasonable belief that the moment he wakes up he will kill her, and if she waits she will be powerless to defend herself. Attorneys should clearly mark on the exterior of the envelope: "LEGAL MAIL-CONFIDENTIAL." An attorney may send one stamped, self-addressed envelope to a client 135. Prisoner Files •: Contains any document that affects a prisoner's incarceration. She was engaged to another postal worker at the time of her murder. At first thought to be the result of gang violence, it was later learned that Lorenzo Shelton III, age 18, boyfriend of Mindee, had committed the crime. Her boyfriend, Andrew Cummings age 34, thought Helen was hiding his beer. She never regained consciousness and died eight days later.Approximately 50 women were interviewed; 25 were identified as primary candidates for clemency petitions. The Parole Board's reluctance to grant clemency or parole can be traced to an incident in 1992 in which a parolee committed a series of rape-murders. Thus, Magiugan argues, existing definitions can accommodate the self-defense claim for battered women. The Self-Defense Instruction in Michigan The Michigan self-defense instruction is a hybrid of the subjective and the objective reasonable person standards. According to the subjective standard, a woman is justified in using deadly force if she honestly believes it is necessary to prevent death or great bodily harm. Indigent prisoners are provided with some postage, writing materials, and photocopies to assist them in obtaining access to the courts. The pre-sentence report is in the institutional file. She was on the telephone with one of her adult children when he hit her. Gregory Davis has been convicted of second-degree murder. Wixom, MI Died November 14, 1996 after being shot by Gerald Atkins, age 29, who also wounded three others.
Lynn D'Orio is an attorney who began working with the Clemency Project as a law student in 1991. Lore Rogers, an attorney, is Legal Advocacy Director at Domestic Violence Project, Inc/SAFE house and previously served on the State Board of the ACLU. 65 Following the 1992 incident, the Board was stripped of its civil service protection and completely reconstituted. 73 PLEASE NOTE: Senate bill 873, proposed on February 10, 1998 would eliminate the "every five year" requirement and leave all the interviews after the initial ten year interview up to the discretion of the Parole Board. Most of the danger of injustice to battered women comes from application of the self-defense instruction. Some shelters will require you to submit a release of information on their own forms. Although hospital policies differ, the hospital will likely tell you to send in a written request for the documents you are seeking. The woman was not working that day but Atkins felt management had conspired to keep him from seeing the woman. The Joseph's two-year-old son was found in the next room unharmed.
Carol Jacobsen is an artist and independent producer of documentaries on women in prison. The Statistics • A recent FBI report on crime found that in 1995, 26% of all female murder victims were known to have been killed by husbands or boyfriends.1 • By the most conservative estimate, each year one million women suffer non-fatal violence by an intimate.2 • Between 22% and 25% of all visits by women to emergency rooms are for injuries inflicted by domestic partners. Today, the Director of the Department of Corrections appoints Parole Board members. Alternatively, an inmate may initiate the clemency process by submitting a written petition to the Parole Board containing the information required by R 791.7760. Not more than 60 days after receipt of an application the Parole Board must conduct a review to determine whether the petition has merit. For example, the instruction says that a person must not kill to protect herself from minor injury. The records office will probably want to know the patient's name, date of birth, social security number, and the specific information you are requesting. Usually, hospitals will accept a simple letter on attorney letterhead requesting release of information, signed by the patient. Neighbors reported that problems had recently escalated between Gibbard and his ex-wife.
In six short weeks, Governor Engler denied the petition with no explanation. Scattered about her on the living room floor were the bodies of four small children who had also been stabbed and slashed to death. 69 In 1987, however, the MDOC rescinded this policy. 76 If that member decides to proceed, within ten days the Board will send a lifer survey report to the sentencing court and prosecuting attorney for comment. "Michigan Parole Board: A Smoldering Volcano." 77 Michigan Bar Journal. Subtle actions which may not signify danger to an outsider may be known to a woman as a sign that she is in great danger. Hospitals may charge a special lawyers' fee for copying. Police Reports To obtain police records, call the records office in the county where the event occurred. Their other child, two years old, was found unharmed in the house. Oak Park, MI Found shot to death February 26, 1997, along with his mother-in-law Ahmedi Begum Khattak.
The next petition, on behalf of Delores Kapuscinski, was also denied. Reco Jones, age 22, Yolanda's ex-boyfriend, has been charged with five counts of homicide. Since then, the Board has considered petitions on a case-by-case basis. 77 The sentencing judge and the prosecuting attorney, or their successors in office, have 30 days to file information at their disposal or objections, in writing. Within 270 days after receipt of an application that the Parole Board has determined to have merit, the Board will make a full investigation and determination on whether to proceed to a public hearing. Not later than 90 days after making a decision to proceed, a public hearing will be held. Some courts have recognized these unique perceptive abilities among survivors of battering. The records office may require you to fill out a FOIA request explaining: your relationship to the client, why you need the report, and the case number (if you have it). Her husband, age 73, name unknown, was found at the scene and arrested. Detroit, MI Shot to death March 23, 1997 along with two of her friends, Aleisha Belcher and Rachelle Goodwin, by Lorenzo Shelton III, age 18.
Four more petitions for clemency were submitted to the Parole Board in April 1998. Expanding and Alternative Views of the Battered Woman Syndrome C. Found dead in the home of her ex-boyfriend July 23, 1997. To determine priority areas of Parole Board concern, you might look at parole guidelines. At least 30 days before the public hearing, the Parole Board will provide written notice of the hearing by mail to the Attorney General, the sentencing trial judge, the prosecuting attorney or his successor, and each victim who requests notice pursuant to the Crime Victim's Rights Act. The hearing will be conducted by one member of the Parole Board. 102 Also, in Michigan, the self-defense instruction asks the jury to consider, in the course of evaluating the woman's reasonable belief, whether the deceased batterer was armed with a dangerous weapon. At some departments, the FOIA request will be forwarded to the City Attorney who will decide whether to release the information. Mindee was his girlfriend and he thought she was pregnant. The girls had been shot first with a shotgun and then with a pistol.
As of this writing, no decision has been announced on those four petitions. Lori's parents found her body, and the body of Glenn Glazier still holding a gun. 70 When deciding whether to grant parole the Board considers factors such as: the offense for which the prisoner is incarcerated; the prisoner's institutional program; the prisoner's institutional conduct; the prisoner's prior criminal record; the prisoner's statistical risk screening; and the prisoner's age. The public is represented by the Attorney General or a member of the Attorney General's staff. The applicant has a right to be present, to testify, and to be represented by counsel. This instruction may prejudice battered women because batterers are often armed with potentially lethal objects which are not considered deadly weapons. Police department policies for storing records vary. "Count" is the time when the Department of Corrections counts all inmates on site for security purposes. Three day later Shelton's body was found in a park.