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September 18, 2004<br>
Battered Women's Law OKd<br>
By Jordan Rau, Times Staff Writer<br>
The LA Times<br><br>
Schwarzenegger signs bill giving more inmates the<br>
ability to challenge their sentences using proof that<br>
they were coerced by their abusers.<br><br>
SACRAMENTO — Battered women who can prove their<br>
abusers coerced them into committing violent crimes<br>
will have a chance to win release under legislation<br>
signed Friday by Gov. Arnold Schwarzenegger.<br><br>
The law, which advocates said is unique in the<br>
country, is the latest expansion of California's 1992<br>
law allowing battered women's syndrome to be<br>
introduced as a defense in trials. That law did not<br>
apply retroactively, and activists for domestic<br>
violence victims spent the next decade fighting for<br>
the option of new trials for women incarcerated before<br>
battered women's syndrome was a legal defense.<br><br>
In 2002, the Legislature gave that opportunity to<br>
women convicted of killing their abusers. But it did<br>
not apply to women who tried to kill their abusers but<br>
failed. The new law, which takes effect Jan. 1, will<br>
allow similar opportunities to women convicted before<br>
Aug. 29, 1996, for attempted murder or for engaging in<br>
a felony crime as a partner of their abuser — so long<br>
as they can show the domestic violence victim was<br>
coerced into committing a crime.<br><br>
"This issue of battered women serving time is a<br>
nationwide phenomenon, but each state has different<br>
ways of dealing" with it, said Olivia Wang, an<br>
attorney with Legal Services for Prisoners With<br>
Children, a nonprofit group based in San Francisco.<br>
"In some states you have a chance theoretically of<br>
getting clemency from the governor, but nothing as<br>
wide in scope as SB 1385, because the issue elsewhere<br>
is defined narrowly as just women who killed their<br>
abusive husbands."<br><br>
It is not known how many prisoners the law will<br>
affect. Kimberly Wong, the legislative and criminal<br>
justice policy advisor for the Los Angeles County<br>
public defender's office, said advocates planned to<br>
canvass the prisons to determine which inmates might<br>
merit having their cases reviewed. At a minimum, those<br>
affected by the law have already served eight years in<br>
prison.<br><br>
Cheryl Sellers of Pasadena, who killed her abusive<br>
husband in 1983 and was released from prison last<br>
year, said she met dozens of women during her time<br>
behind bars who might be able to seek release through<br>
SB 1385, which was sponsored by Senate President Pro<br>
Tem John Burton (D-San Francisco).<br><br>
"This opens the door wider," Sellers said. "It's not<br>
just for women who killed their husband. It's for 'you<br>
shot your boyfriend' or you were involved in a crime<br>
because of the abuse. Some were just there when their<br>
significant other committed a crime. This helps them."<br><br>
Under the new law, the inmates still must show with<br>
"reasonable probability" how their legal defense would<br>
have been bolstered by evidence of battering. That<br>
will allow them to get a new trial where an expert on<br>
domestic violence could testify, although defense<br>
lawyers said it would be likely that prosecutors would<br>
cut a deal to lower the sentence to time served. In<br>
addition, the judge would have wide discretion and<br>
could simply dismiss the new charges.<br><br>
The law also applies to men, although experts believe<br>
that most prisoners affected are women. It also allows<br>
those who killed their spouses between 1992, when<br>
California passed its battered defense law, and Aug.<br>
29, 1996, when the state Supreme Court ratified it, to<br>
seek new trials.<br><br>
And the bill replaces language in the state's penal<br>
code about "battered women's syndrome" with
"intimate<br>
partner battering and its effects." The notion of a<br>
syndrome has fallen into disfavor among abuse victims<br>
activists, who say it wrongly suggests a common set of<br>
responses that all women develop when they are<br>
battered.<br><br>
During the legislative session, the idea of expanding<br>
those who could seek new trials initially had been<br>
opposed by the state's district attorneys association,<br>
but sponsors of the measure say they worked together<br>
to fashion an acceptable compromise.<br><br>
Releases are unlikely to occur immediately. As of last<br>
month, only seven people have been let out of jail as<br>
a result of the 2002 law change, according to the<br>
California Habeas Project, a coalition of pro bono<br>
attorneys, domestic violence experts and other<br>
advocates created that year to try to free battered<br>
women. The group has represented 40 inmates so far.<br><br>
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