Responses to Family Violence

1. Responses to Family Violence Presented by Ellic Sahualla The El Paso Model

2. Who’s This Guy? This was a line from the PowerPoint I overwrote creating this presentation. It was about a defendant, but I thought it was close enough to the mark that I might as well leave it here. Former El Paso County prosecutor Senior felony attorney in the family violence unit Chief of the El Paso County Domestic Violence Fatality Review Team Author of TDCAA’s Family Violence Investigation and Prosecution Former member of TDCAA’s editorial board Chief of staff and general counsel to a state representative Private practice Problems with alcohol abuse; limited financial means

3. How Serious Is Family Violence ? Two ways of answering that question: Numbers & People

4. The Numbers 2010: 198,760 calls to the National Family Violence Hotline 2011: 208,662 calls (17,331 in Texas) — 5% increase 46% of calls from large metro areas (meaning 54% from small towns and rural areas)

5. 2002 Survey by TCFV 50.9% felt that Texas wasn’t doing enoughto help family violence victims Hispanic Texans 77% of all Hispanic Texans said that they or someone they’re close to had been a victim of family violence 64% reported having personally experienced family violence 39% had been severely abused at some point in their lives 18% reported being forced to have sex against their will 40% of Hispanic victims took no action whatsoever in response to family violence 63% recalled recent communications concerning family violence 86% would be more likely to vote for a political candidate who helped family violence victims Only 38.5% of Texas womenhad a positive view of how law enforcementaddresses family violence Texas Generally 74% of Texans said that they or someone they’re close to have been a victim of family violence 47% reported having personally experienced family violence 31% had been severely abused at some point in their lives 75% of Texans claimed that they would call the police if they experienced family violence, but only 20% of those who reported having experienced family violence actually called the police 73% believed that family violence is a serious problem in Texas 84% felt that they could personally do something about family violence 74% recalled recent communications concerning family violence 78% would be more likely to vote for a political candidate who helped family violence victims

6. Children Today’s child witnesses aretomorrow’s perpetrators and victims

7. How Serious Is Family Violence ? The most serious crime of all

8. Challenges in FV Cases Community Belief that it’s a “family matter” Lack of understanding about how family violence works Victims Lack of trust in and alienation by the system Tendency not to cooperate in prosecution Defendants Limited ability to deter or rehabilitate from family violence offenses Perception that the victim can just “drop charges” Us! Being inured to and exhausted by these cases Inadequate responses that treat family violence like any other crime

9. Community • Him • Her Family Violence

10. Victims Three years later. . . . "It was a wake-up call. It was a wake-up call for me. Big time." "So far in love. So unconditional that I went back. It's humiliating to say this happened. To accept that? It's a traumatizing experience." "I will say that to any young girl who is going through domestic violence, don't react off of love. F love. Come out of the situation and look at it in the third person and for what it really is." "I stayed. I even went back after he beat me, which was wrong."

11. Defendants “Nonpros Culture"

12. Us! Frustration ? OR We need the right tools for the FV job Desensitization

13. Three Areas of Improvement • Partnerships • Awareness and education • Victim and family services Implement FV strategies • Communication • FV-specific training • Adaptability Work at all levels Systemic FV prosecution change • New prosecutorial culture • 24-hour contact program • Top-down commitment

14. Partnerships Police Department Sheriff’s Department County Attorney’s Office Probation Department Courts (Protective Order Court) Center Against Family Violence Shelters Advocacy groups Faith Groups Local universities Local high schools Fort Bliss

15. Awareness & Education Teen Dating Violence | Signs & Cycles | Safety Planning | Undocumented Victims www.dontletyourself.org

16. Victim & Family Services

17. Communication Close working relationship with two-way feedback Confidence because of emphasis that FV cases are important to prosecutors Regular discussions with lieutenants and sergeants, but all officers given our cells FV-specific training from academy onward Training by senior DAs in conjunction with experienced officers Regular updates through FV training sessions that address officer concerns Better, faster communication on cases Use of a 24-hour intake system (DIMS) Attorneys trained and uniform policy implemented for accuracy and consistency Ride-alongs by prosecutors Opportunity to provide real-world feedback and learn what officers go through Greatly increased inter-office trust

18. FV-Specific Training Just one example: victim interviews Interview on yours terms and timetable, not hers Choose as comfortable a setting as possible Minimize distractions Mirroring “The three interviews” Uncooperative victims

19. Adaptability Better evidence Captures the chaos and emotion of a FV crime scene Injuries have more impact when seen on video than in a photograph Documented statements Makes the admissibility of victim and witness hearsay much clearer Defendant admissions and confessions can be captured on-scene Undermines recantations Victims are stuck with their original statements Defendants are less incentivized to pressure victims into changing stories Encourages pleas Opportunity to provide real-world feedback and learn what officers go through Stronger cases and fewer defenses make plea bargaining more attractive

20. New Prosecutorial Culture Care about these cases Realize that a misdemeanor FV assault is tomorrow’s murder Gradually change courthouse culture by never accepting FV minimization Persist Don’t get discouraged as you build your program; stay the course Build a strong sense of a team—stick together Take the victim out of the equation Innovate and develop skills to confidently go to trial without or in spite of victims Embrace a “non-pros culture” is dead attitude Constant reflection Train frequently but don’t get dogmatic; keep a dialogue with young attorneys Cultivate strategies—not just tactics or tricks—for successful prosecution No, Sensei! “Pain does not exist in this dojo, does it? Sweep the Leg ! ! ! No, Sensei! “Defeat does not exist in this dojo, does it? “Fear does not exist in this dojo, does it? No, Sensei!

21. 24-hour Contact Program Engage partners from across the community “1. Implementation of the 24 Hour Contact program has instituted a noteworthy paradigm shift in El Paso, where family violence is viewed as a serious and prosecutable crime that will not be easily dismissed and for which offenders will be held accountable for their crimes of violence. The program has altered legal practices by criminal justice professionals—including ADAs, law enforcement, and defense attorneys—and increased skill-building, peer support, and mentorship with the District Attorney’s Office. Unfortunately, myths about family violence persist, so effort to address these myths should continue. “2. The 24 Hour Contact program provides significant emotional support to family violence victims and increases their access to important community and financial resources. “3. Collaborationsamong key players in the criminal justice system and community victim service providers (e.g., law enforcement, local family violence shelter, probation, and the Battering Intervention and Prevention Program) have been considerably strengthened as a result of the program. “4. The prosecution of family violence has been significantly enhanced through the collection of better evidence, and increase in evidence gathering, improved preparation of case files, and an increase in preparedness and effectiveness of ADAs for trial. “5. Victims and professionals in the criminal justice system reported a range of mixed reactions to the district attorney’s stance on victimless prosecution. Some favored having the burden of responsibility placed on ADAs, while a minority of victims expressed frustration with diminished control over decision-making regarding the prosecution of offenders.” Home visits Happen daily, including weekends and holidays Clerks arrive at 7:00 a.m. to print cases and request RAPs, photos, 911s, etc. Advocate/investigator pairs visit the home of every victim in every case Advocates tell victim about VAWA, CAFV, U-Visa, protective orders, etc. Investigators take statements and photos, order records, and protect advocates Teams enter detailed notes into our computer system and return to the office Weekly Guests Police Commander and Advocates Center Against Family Violence Emergence Health Network (formerly Mental Health and Mental Retardation) Others as appropriate Meetings Happen every weekday once teams return (Mondays cover the weekend cases) Usually led by the DA; alternatively, the unit chief or senior FV felony attorney The group collectively reviews the evidence each case The review begins with the report, photos, video, 911, records, RAP, etc. The team that made contact with the victim then explains their experiences The case is screened in-meeting and leaves ready for filing or grand jury Follow-up steps are identified, such as motions to revoke or Brady notices The senior attorney, generally the DA himself, makes a “red rec” on the case Secretaries organize files and assist with electronic input of notes and “red recs” Data is collected, categorized, and entered into database to help identify trends Meeting cases are tracked until disposed of, including weekly attorney meetings Above all, create a TEAM The 24-hour contact program is “the only one of its kind in the country,” but. . . . Replication elsewhere is “feasible and credible.” Advocacy Contact every FV victim face-to-face within 24 hours of the crime Make sure victims are safe; let them know we care about them and their cases Advise victims about the services available to them Investigation Follow up with victims and witnesses in a calm environment Explain the legal system to the victim Collect additional evidence, such as photos of bruises just now showing Prosecution Provide almost immediate prosecutorial feedback to law enforcement Meet daily to evaluate each case and make an appropriate plea recommendation More effectively discharge Brady duties See that justice is done justice

22. Top-down Commitment

23. Anything Else ? Questions? Comments?

24. Contact Info Ellic Sahualla (915) 667-2634 ellic.sahualla@gmail.com