Be On The Lookout

It is spring and a weekend. The weather is getting better, in many areas the sun is shining. We all tend to get out more at times like this, whether it is working in the yard or getting out and about. During your travels this weekend, even during your time next week I ask you to be on the lookout for three faces (pdf).

Not much has been announced about the background for this story. Anna D. Ellis, 38, is divorced and lived in Indianna and she has custody of her two daughters. According to reports she allegedly has suffered from some mental illness and recently attempted suicide. She reportedly has been taking medication for her illness.

On Thursday police recieved a call from Anna Ellis’s ex-husband. According to reports the ex-husband came home and found Anna Ellis in his home about 6:50 am. Allegedly she attacked him with pruning shears. He managed to get away and made the call to police. Police discovered that Ellis had taken the children from school about 9:30 am and she and the children have not been seen since. It is not known if Ellis has her medication with her. She reportedly does have access to weapons.

There is concern for the children’s safety.

Anna Ellis is described as white, 5′11″ and and weighs about 115 pounds with blonde hair and blue eyes. She was last seen driving a 2008 Honda Pilot with Arizona license plate 771VRH.

The ten year old daughter is described as white with blonde hair and green eyes. She is about 4′6″ and about 90 lbs. The nine year old daughter is described as white with blonde hair and blue eyes and is about 4′5″ weighing about 85 lbs.

(Pictures at links)                                                                                                                                 eastvalleytribune.com     copshop.freedomblogging.com    azcentral.com

abc15.com                     azfamily.com                

If you don’t live in Arizona, why should you be concerned or on the lookout? With travel today this family could be anywhere in the country within 2 to 3 days. Or she could be enroute to elsewhere. Or she could be hiding out somewhere. So while the chances that you might come across her may be slim- it is possible.

What should you do if you suspect that you have come across a wanted person? Don’t approach and don’t ask questions. If they are in a vehicle, make note of the make, model and license plate as well as the direction of travel. Make contact with local police and advise them of your suspicions and the info you have.

If they determine that the person you suspect is the wanted person,  they will attempt to apprehend in a way that is as safe as possible for all involved.

A big thank you to Robert for the tip on this one.

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Anna Ellis was located in Colorado on Fri. 5-2. She was arrested on an assault warrant. The children were with her and reportedly unharmed.

reporterherald.com

It’s not always simple

Benjamin Duling, 34, and his girlfriend Shelly McGrade, 35, have been described as quiet and that they worked a lot. They lived in a home surrounded by woods, more than 100 yards from another residence. The couple had two children ages 1 1/2 (I have seen the child listed as 2) years and 5 years old. Shelly McGrade was also the mother of two children from a previous relationship.

Friday night a near neighbor says she got a knock on the door. Allegedly there had been an altercation between Benjamin Duling and Shelly McGrade. Police were notified and when they arrived at the neighbors home, the 5 year old child, the 1 1/2 year old child and Benjamin Duling were there. At the home that Duling shared with McGrade, they found Shelly McGrade lifeless.

Police report that Benjamin Duling was injured when they arrived and it is believed he suffered those injuries during the alleged altercation with Shelly McGrade. He was taken to the hospital, treated and released. Duling was taken into custody for a time, but then was released. The 2 younger children are believed to have been present during the fight, but police say they were not physically harmed.

Police are investigating but as of last media report there have been no arrests. Police have declined to say if there was a weapon involved or the cause of Shelly McGrade’s death, though they do admit there was visible injuries. An autopsy has been scheduled. Police have said there does not appear to have been anyone else involved in the altercation other than McGrade and Duling. And they have said the manner of death does appear to be homicide.

According to the Senior Assistant Attorney General

Strelzin said prosecutors will review the evidence and “determine whether any criminal charges will be brought.” Some homicides lead to immediate arrests and others can take years to resolve, he said.

 

naushuatelegraph.com     boston.com     unionleader.com        

thebostonchannel.com                             telegram.com           

It’s not always simple. Before police can dismiss the investigation or if necessary make an arrest they have to be able to prove what happened Friday night. Fingerprints and DNA would be expected to be in the home from both Duling and McGrade. But there are other tests that can be used, though some of those tests might take time. An autopsy also has to be performed.

I was interested in the fact that police have termed Shelly McGrade’s death to be a homicide. Homicide is defined by the legal-dictionary.com

The killing of one human being by another human being.

Although the term homicide is sometimes used synonymously with murder, homicide is broader in scope than murder. Murder is a form of criminal homicide; other forms of homicide might not constitute criminal acts. These homicides are regarded as justified or excusable. For example, individuals may, in a necessary act of self-Defense, kill a person who threatens them with death or serious injury, or they may be commanded or authorized by law to kill a person who is a member of an enemy force or who has committed a serious crime. Typically, the circumstances surrounding a killing determine whether it is criminal. The intent of the killer usually determines whether a criminal homicide is classified as murder or manslaughter and at what degree.

 

So basically at this time, police are not saying what happened.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thank you to Amanda for providing an update.

According to reports, the couple was arguing in the kitchen of the home and the children were present. Shelly McGrade was stabbed in the neck and the back. Duling received an injury to his hand during the altercation. Duling has been arrested and charged with 2nd degree murder. The younger children reportedly did witness the attack and efforts are being made to obtain counseling for them. The older children were away from the home. Duling was with his two young children until his arrest, now all of the children are reported to be with relatives.

wmur.com        unionleader.com          nashuatelegraph.com

National Crime Victims Rights Week

                                     Justice for VICTIMS. Justice for ALL. National Crime Victims' Rights Week 2008 Resource Guide Online Now.

Yesterday Neal’s Mom left a message on behalf of her son and grandchildren, and I liked it so well I asked permission to borrow her words.

First, it reminded me that April 13-19 th is National Crime Victims Rights Week. This week is set aside to honor crime victims, promote victims rights and the ones who advocate for them.

Second, it is a reminder that domestic violence is a crime. And that victims of domestic violence do have rights, and resources. All that is waiting for the victim who reaches out a hand. With help, domestic violence victims can become survivors.

Now on to Neal’s Moms post:

In honor of Victims Rights Week, here is the official song of victim’s groups like Justice for Homicide Victims and Parents of Murdered Children:

We Are the Survivors

There are those of us whose mothers have been taken from our arms.
There are those of us with children we could not keep safe from harm.
There are those of us who’ve lived to see our fathers lose our lives.
And each and every one of us survives.

Chorus:

We are the survivors, left behind to carry on.
We are the survivors, joined together we are strong.
We will speak out for our loved ones who were not given a choice.
We are the survivors, hear our voice.

Maybe some of us have brothers who were here, but now they’re gone.
You can ask about our sisters, because their memory is strong.
We are sons and we are daughters, we are husbands, we are wives.
And each and every one of us survives

Chorus:

We are the survivors, left behind to carry on.
We are the survivors, joined together we are strong.
We will speak out for our loved ones who were not given a choice.
We are the survivors, hear our voice.

With a part of us that never heals, and our fear of the unknown.
There’s a strength in knowing through it all, you’re not alone

Chorus:

We are the survivors, left behind to carry on.
We are the survivors, joined together we are strong.
We will speak out for our loved ones who were not given a choice.
We are the survivors, hear our voice. 

The song “We Are Survivors” was written by Richard Wright in 1993, in honor of his father. It was performed by Kim Tewksbury. They donated the song to the Parents of Murdered Children. If you click over to their site you can listen to the song being performed.

Thank you for leaving this post Neal’s Mom.

We do all have a voice. And it is time to become an advocate. To speak out against domestic violence, to lobby for more effective laws and to become proactive.

Sweet Sentiments

“I have no doubt that we are meant to be together forever, you are everything to me and without you I would be lost in this crazy world.”

“He needs someone who’s faithful, only his lips may she kiss.” A stanza of a poem

Both messages were found on the MySpace page of Bekime “Becky” Elshani and believed to have been written to her by Daniel Dereere.

Something was worrying the parents of 22 year old Bekime “Becky” Elshani, so on Monday they called police. A part of their concern may have been the history.

Becky lived with 25 year old Daniel Dereere (I have also seen it spelled Dereer, I’m not sure which is correct.) And as it is sometimes put “there was a history.” Last May the two had an altercation, possibly over telephone calls that Becky Elshani had received from her ex-husband. And according to reports, Becky Elshani struck Dereere in the face. Later in Oct. there are reports that Dereere and Becky were at a party and Becky felt that Dereere was too intoxicated to drive. She attempted to get his keys from him, but when she did he tased her. She reported to police it was about 20 times. Both incidents were charged, both went to court and both were dismissed.

Some reports indicate that Becky Elshani may have been seeing her ex-husband late last year. And that Dereere was upset over that. So the way he expressed himself was to reportedly hack into her MySpace page and post nude pictures of her online. She filed charges on that and it was due to go to court last week. But the two reconciled.

Her father says that he didn’t see the anger in Dereere. So it may have been the information that a friend has alleged that Dereere had also threatened Becky and said that if he couldn’t have her, no one could. That he would kill her, then himself.

The couple were at her parents home on Saturday and Becky stepped outside the home. She may have stepped outside to meet with her ex-husband or Dereere may have thought she was meeting him. The two argued that night. That is the last night that Becky was seen.  

Her parents called police and asked them to check on Becky on Monday. And police went to the home. They report that as they arrived they heard a popping sound. They made entry into the home and found Daniel Dereere dead from an apparent suicide. Police report there was no sign of Becky in the home, there was no sign of a struggle and Dereere did not leave a suicide note.

But when police checked Dereere’s vehicle they say they found blood, tests are being run to determine if it was Becky Elshani’s blood. Police believe that it may be a sign of foul play.

Bekime “Becky” Elshani was last seen last Saturday. She is described as 5′5″ and 110 lbs, white female. Police have been conducting aerial searches of areas that Dereere was known to frequent for camping and family and friends have been conducting ground searches.

Police say the ex-husband is not a suspect in Becky’s disappearance.

Police are asking that if anyone saw Becky Elshani or Daniel Dereere that weekend they would like them to make contact with police.

fox21news.com                   koaa.com                       krdo.com

krdo.com            krdo.com          gazette.com        gazette.com

The words are romantic, the sentiment sweet. But even back when this was written there are hints of what was to come.

“We are meant to be together forever” leaves me to question what happens if one decides to leave? What does forever mean to him and what if forever doesn’t last?

“You are everything to me” Everyone has other things in their lives, if that person is focusing to the extent that they believe you are all- what happens if you change your mind?

“Only his lips may she kiss” to me the line just oozes possessiveness.

Yes, receiving those messages would have been flattering at first. But when you really think about such messages they seem more ominous. Sweet sentiments are easy to say and even can be easy to write. But you also have to look at the actions behind the words.

Talking to her ex-husband caused an argument that became violent. Yet she cared enough about Dereere to try to stop him from driving drunk. And for that, she got tased.

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Searches are still being conducted for Becky Elshani. Premier Helicopter company has volunteered a helicopter and pilot to the search and newschannel 13 is also volunteering. More ground searchers are needed.

krdo.com

 

Parents

Christopher Lukacs, 27, and Ambre King, 29, resided together as boyfriend and girlfriend. King was the mother of two children, a boy age 7 and a girl age 4. Lukacs is reportedly the father of the 4 year old girl. Also allegedly in the home was another mother and her two children. She was also allegedly Lukacs girlfriend.

On March 25 th, King’s father reportedly recieved a call saying that Lukacs was beating his daughter Ambre King. He went to the home to pick up his grandchildren. And what he allegedly saw there would make a strong man cry, let alone any grandfather. According to at least one media source, he found his 4 year old granddaughter naked and bleeding.

Police were called and an investigation was completed. The case was taken to the Grand Jury. And Lukacs was arrested for one count of felonious assult and rape. 4 charges of rape. Prosecutors say this was not the first time the little girl had been raped. Investigators believe that the rapes began in Dec. of 2007 and that she had been raped “repeatedly” since. The investigation also revealed that at least one attack on her had resulted in her being taken to the hospital for vaginal injuries. Allegedly the story the parents gave for her injuries was that she had fallen on some Legos. But for some reason there was never any investigation, followup or report and the little girl was sent back home with her parents. Both the prosecutor and the hospital have pledged to investigate why.

Christopher Lukacs was reportedly a known sex offender. He was convicted of gross sexual imposition in 2000 for an assault on a 12 year old child. If you check Lukacs name on the National Sex Offender registry, it says that he is compliant with his registration, his most recent photo is from 03-10-08. And he was still on parole.

Prosecutors say that was not all the investigation revealed. Prosecutors say that Ambre King knew of the abuse and did not report or take steps to protect her daughter. She has been arrested on a charge of endangering children.

The prosecutor has made another pledge in this case

“The ever- increasing abuse of children in our community is unacceptable,” Deters said. “I want to be very clear on this subject. If you choose to rape a child, you had better be prepared to spend the rest of your life in jail.”

(video) local12.com              fox19.com       wcpo.com

local12.com      wlwt.com      news.enquirer.com

National Sex Offender Public Website

For many many years, a person could rape a child, serve his time, get out of jail or prison and deny it ever happened. He could meet new people and prey on other children. But now there is a tool to help prevent that. It is called the National Sex Offender Public Website. If you have children, I suggest you use it. If you don’t have children, but plan on it, it is a good idea to use it. Even if you are just dating someone it is a good idea to use it. Remember a tool is only useful if it is used.

Now my understanding from what I am seeing and hearing is that Lukacs was already on the sex offender list when the child’s mother had the 4 year old child. Whether she knew about his sex offender status or not, I have no way of knowing. But I am guessing she probably knew, if not from him telling her, she may have had some inkling from the correspondence coming to the home.

 Now it is possible that she didn’t know about the abuse. But according to info from the investigation and probably the hospital visit, it is believed that she knew. She knew and remained with Lukacs. She knew and her child continued to be raped. She knew and did not have him arrested.

Yet on Mar. 25th, she calls her father because she is being beaten. Now I have no way of knowing, was she being beaten because she was trying to prevent the rape? If that was why she was beaten, then why didn’t she call police instead of her father? The only way to assure that her child’s father did not rape her, would be to report him, move away and get some help for her daughter.

Did she fear having her children taken away? If she had reported the abuse her children could not have been removed from her because someone else abused her children, as long as she did not participate and reported it as soon as she became aware of it.

Did she perhaps fear that she would be beaten more severely if she reported the abuse? If she had reported the abuse, he would be in jail and not able to beat her.

Many times a woman will have reasons for staying with an abusive man. There are even some excuses I can reluctantly accept. A woman is an adult and does have the right to make her own decisions about her life. But every woman should remember that if she makes a decision to remain in an abusive situation, she is sentencing her child, who doesn’t have the right to make decisions- to a life of violence.

But IMO there is never any acceptable excuse for any parent to remain with a person who is abusing the children. Never. Not even if they are the child’s parent. And not even if they love them.

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At the time the grandfather came to the home, the children of the other mother are aged 4 and 1 year old, and they reportedly begged to go with him. After the allegations against Lukacs, the mother sent those children to Georgia to live with relatives. Due to a concern for those children, authorities are now working with Georgia authorities to investigate if they had been abused.

According to the prosecutor, evidence of the sexual abuse was apparent.

Reportedly on Lukacs sex offender status, he was due to report earlier this year and failed to do so. He was arrested for that and that charge is pending.

He was also charged with domestic violence on Mar. 31 on the allegation that he hit Ambre King in the face on Mar. 25.

news.enquirer.com

April is Child Abuse Awareness Month

Children are our loved ones, our future and our joy as well as our responsibility. And I do not mean just the children born to us, I also mean the children in our neighborhoods, our communities and our country. Children are our future leaders, future teachers, future scientists, future doctors and nurses and future parents. Children are often called our greatest natural resource.

 Our country has laws to advocate for our children as well as to protect them. It may suprise you to know that it was as recently as 1974 that our first federal laws regarding child abuse were passed. Prior to that the only protection they had was state laws and sometimes those laws could be a bit haphazard at best. But in 1974 the Child Abuse Prevention and Treatment Act (CAPTA), went into effect.

In June 1982 the first National Child Abuse Awareness week was proclaimed. Since 1983 the time was increased to a month and the National Child Abuse Awareness Month has always been held in the month of April. A time to clebrate children and renew our committment to protect them.

childwelfare.gov

Protecting children often means doing a hard thing. It means that sometimes the average citizen may have to report suspicions that a child may be being abused. And it could be a strangers child, but most often is a neighbor, or a friend or relative. So the decision to report is not easy. You may even find yourself questioning if you should have the right to make a report on what is happening in someone else’s home. The answer to that is yes. Every child is important. Every child is worth saving. We lose too many children to violence, and even one child is too many.

Protecting children sounds like something that should be instinctive, something that all parents should do for their own children. And most do. But sometimes things break down. A parent maybe cannot or will not protect them. Or perhaps even becomes the abuser.

A child can suffer from abuse in many ways. Direct abuse to the child that may or may not result in physical injury to the child. Or through observance of the abuse of others. Both have a profound and lasting psychological effect on children as well as any physical affects of an injury.

So the National Child Abuse Awareness month is a reminder to all that there are laws to protect children. And that anyone who happens to witness abuse of any child, it should be reported. Some reports may trigger efforts to have the children removed from an unsafe environment. And some reports may result in an arrest. And some reports may result in obtaining assistance to aid the family in staying together. But all reports must be investigated and all actions taken are to protect the child.

What should you report? Any time you see abuse, any time that you see injuries on a child and were told the injuries were due to something else- but the story doesn’t seem to match the injuries. Any time you hear a child talk about abuse. Making a report doesn’t automatically condemn the reported person. Their will be no action unless their investigation reveals that abuse did occur and the agency feels that some action needs to be taken. And the action that is taken will vary according to circumstances in the home, what the investigation reveals and what the investigating agency feels is the best protection for the child. What should you do if you report abuse, and do not see any action being taken? Caseworkers cannot just walk into a home and remove children unless their investigation confirms abuse or neglect and reveals an immediate danger to the child. In some cases, it may take more than one report to give enough evidence. If you see further signs of abuse or neglect, you make new reports. And always try to make reports soon after a suspected incident, while any possible evidence will be fresh.

Now while we are on the subject of abuse and how it affects children, remember when I said that children can be affected by observing abuse of others? Even very young children can be affected by violence in the home. Even young children can suffer from traumatic stress, even if they have not been abused themselves. And statistically there is a greater chance that if there is domestic violence in the home, there is a greater chance that child abuse also occurs in the home.

aaets.org

So please remember that all children need our protection. There is an old proverb I think Africian proverb that I think is very appropriate at this time. It says it takes a  whole village to raise a child. And I believe it takes all of us to help protect them.

“Last Chance”

Tracy and Nancy Floren had been married for 20 years. They lived in an “upscale” community and both were employed. Reportedly they didn’t have any history of domestic violence reports. They had plans to build a “dream home” for their retirement. Tracy, 64, reportedly did have a problem with alcohol and sometimes that was a “battle.” Reports indicate that was a problem in the marriage. Reports indicate that Tracy had said in treatment that he got angry at her when she attempted

“to control his money”

and he also worried about her leaving him.

Nancy’s friends have told police that Nancy, 56, had told them that he was getting his

“Last chance”

when he recently enrolled in his latest treatment program. 

 On Sept. 2, 2007 a little after 6 am the alarm went off at their home. Police arrived to investigate the burglar alarm and found Nancy lying alone in the home, she was dressed in a robe and had two gunshots to her head. A gun lay beside her but that weapon did not match the gun that had fired the shots to Nancy’s head and tests showed it had not been fired.

Police were beginning their investigation when Tracy Floren pulled up to the home. Police say that immediately Floren established his alibi with them, he had been to an early morning AA meeting. He reportedly showed them a sign in sheet for the AA meeting and pulled out a receipt for a cup of coffee he had purchased that am. He told police his wife was alive when he left home that morning. Police say he didn’t appear to be concerned about what his wife’s condition was and gave his alibi even before he was told his wife had been found dead.

Investigation of the scene revealed that a window of the back door had been scored leaving a square hole. A backdoor was unlocked. There were signs that someone had climbed the back fence and walked through the field behind their home leaving a trail. Near the fence investigators found two florescent earplugs.

Months went by with no arrests in the murder of Nancy Floren. Tracy Floren gave away the family pets, retired from his job, sold the family home and spent time overseeing work on the “dream home.” Police say that is where they found him on Friday.

During the police investigation they found glass in Floren’s vehicle, on his clothing and shoes that they believe matches the window that had been scored. Grass like from the back field was also allegedly found in the vehicle. Police say the green ear plugs found in the field matched plugs that Floren used while recreational sport shooting, and also were stained with his DNA. Though Floren had given his alibi as being at an AA meeting that morning starting at 5:45 am, police say that other attendees have told police that he didn’t arrive until about 6:20 am.

Tracy Floren has been arrested and charged with 1st degree murder in the death of his wife Nancy Floren. Police say that Floren stood to benefit from his wife’s death. She had a $250,000 life insurance policy and the couple had a $500,000 retirement account. Police say the murder weapon has not been found. And they also say they believe the crime scene was staged to look like a burglary.

seattlepi.nwsource.com      seattletimes.nwsource.com   komotv.com

seattlepi.nwsource.com      konp.com        seattletimes.nwsource.com    seattlepi.nwsource.com

20 years of marriage. They shared a lot of living in 20 years. Most likely they had many times they agreed and many times they disagreed during that time. Couples married for 20 years can almost tell each other’s stories and finish their sentences. They can frequently predict their spouses reactions to events. Yet no matter how well they may think they know each other, they cannot usually read what is in their spouses private thoughts. She most likely wasn’t aware of the danger she was facing when she gave him one last chance. She most likely never thought he was capable of this action. He allegedly complained that she was controlling “his” money, though they both earned money for the household. Now he stands to profit from her death- if he is not convicted of killing her.

Almost 6 months went by. He reportedly made major changes in his life after she was killed. He retired, he sold the home they shared and was building the “dream home.” Six months probably seemed like a breathing time after the death of his wife with no arrest in sight. But police investigations are quiet. The go about talking to people, collecting evidence and testing. Police are able to read a lot from a crime scene, but sometimes that testing can take time.  

Edmond Locard was a forensics scientist that developed the Forensics Exchange Principle that in effect says that

“with contact between two items, there will be an exchange”

Any evidence that Floren was in the home can be explained by the fact that he lived in the home. But what police will be trying to prove is that Floren had evidence on him that could only come from the crime at the time of his wife’s death.


Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as a silent witness against him. Not only his fingerprints or his footprints, but his hair, the fibers from his clothes, the glass he breaks, the tool mark he leaves, the paint he scratches, the blood or semen he deposits or collects. All of these and more, bear mute witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong, it cannot perjure itself, it cannot be wholly absent. Only human failure to find it, study and understand it, can diminish its value.
- Professor Edmond Locard

Police have reported they found glass and grass from the crime scene on Floren. They also report they found Floren’s DNA at the crime scene by way of the DNA on the earplugs found near the home. Many times they will also have other evidence that will not come out until the trial. If it is proven that Floren did commit this murder, he may very well have had his “last chance” to live in society.

Do you live in California?

I’ve been contacted by Alexis Moore of Survivors in Action and asked to make you aware of a new domestic violence law that has been proposed in California.

If you live in California, you may already be aware of this proposal. If you are not aware, then I hope to give you some information about it so that if you can be informed and if you choose you can offer your support. I have long thought that this kind of bill needs to be made and needs to be available in all states. California seems a good place to start.

When a woman meets a man, neither wears a sign on that gives a warning that they may be abusive. If one of the persons hears that the other person has been convicted of a domestic violence, the other will usually have a nice neat answer for that. “It was just an argument that got out of hand,” “one party was angry and retaliated” “it was the other’s fault” or something similar. So how do you find out what kind of person you just met, are they someone you would feel comfortable dating, and what really happened that they were convicted of domestic violence?

You can search the internet, but many states don’t put court info online. You can search out new stories, but many domestic violence incidents don’t make the news stories unless someone dies. You can ask their family or friends about it, but can you really trust what you are told? So how can a person find out if this person they may be dating, may be getting serious about is a good choice or someone to be wary of?

A law has been proposed in California to establish a database containing the names of persons who have been convicted of domestic violence. This database would be online and public. And after finding a name, if there are any questions about what really happened in that domestic violence case, the court will be required to release additional information about the case…. free of charge.

In addition, a person seeking a protection order against the named person will be able to use those previous convictions as grounds for obtaining the protection order.

If you choose to support the bill, you can write or fax your support t

Contact person for bill:           Catalina Hayes-Bautista

Legislative Aide

Office of Assemblywoman Fiona Ma

P:916-319-2012

F:916-319-2112

Fact Sheet for CA AB 1771

Summary: AB 1771 will provide Californians with an online database of convicted domestic violence offenders, require the Court to provide information regarding domestic violence convictions to requestors free of charge, and allow individuals to use prior convictions as basis for securing restraining orders.

Background: The need for this bill was brought to our attention by Jim Hammer, a former San Francisco prosecutor, in response to a double murder he prosecuted. In 1995, Nadga Schexnayder and her mother were shot to death by Ronnie Earl Seymour, a former boyfriend of Nadga who had a 20-year history of violence against women. The family had suspicions of Seymour’s violent behavior but could not prove their suspicions.

Information about previous domestic violence convictions is already available to the public but difficult to obtain. One must have both the time and the resources to obtain such information. AB 1771 seeks to remedy this.

Problem: According to the California Attorney General’s Crime and Violence Prevention Center, California law enforcement received 176,299 domestic violence calls in 2006 - 80,946 of which involved weapons.

In 2006, 134 murders were the result of intimate partner violence in California. 110 women were killed by their husbands, ex-husbands or boyfriends, and 24 men were killed by their wives, ex-wives or girlfriends (California Department of Justice [DOJ], Criminal Justice Statistics Center [CJSC]).

California can reduce the number of domestic violence incidents by providing

information about prior convictions online, and by providing potential victims with useful tools to avoid violence or a potentially violent partner.

Solution: Specifically, AB 1771 would require the following:

1) The Attorney General would develop an online database that would report the name, date of birth, county and date of conviction for individuals convicted of felony domestic violence or multiple counts of misdemeanor domestic violence. The database would keep updated information available for 10 years.

2) Superior Courts would be required, without charge, to provide additional information to a requestor about a domestic violence conviction.

3) A restraining order may be secured based on evidence that the person against whom the order is to be issued has previously been convicted of a crime of domestic violence.

4) A new assessment would be placed on domestic violence convictions to provide additional funding for domestic violence programs.

5) AB 1771, as amended on March 10, strengthens the privacy protections for domestic violence survivors, as well as for minor children who may be in a household when domestic violence strikes.

Sponsor:

Survivors in Action

Staff contact:

Catalina Hayes-Bautista 319-2012

Sample Support Letter

The Honorable Fiona Ma

Assemblywoman, 12th District

State Capitol, Rm. 2176

Sacramento, CA 95814

Dear Assemblywoman Fiona Ma,

I am writing to express my strong support for Assembly Bill AB 1771 (Ma), which will provide Californians with an online database of convicted domestic violence offenders, require the Superior Courts to provide information regarding domestic violence convictions to requestors free of charge, and allow individuals to use prior convictions as basis for securing restraining orders.

This legislation is long overdue. According to the California Attorney General’s Crime and Violence Prevention Center, California law enforcement received 176,299 domestic violence calls in 2006 - 80,946 of which involved weapons.

According to the California Department of Justice and Criminal Justice Statistics Center, 134 murders were the result of intimate partner violence in California in 2006. 110 women were killed by their husbands, ex-husbands or boyfriends, and 24 men were killed by their wives, ex-wives or girlfriends.

Existing laws do little to prevent or deter domestic violence. With AB 1771, California can do more to curb the dangerously high numbers of domestic violence incidents by providing information about prior convictions online, and by providing potential victims with useful tools to avoid violence or a potentially violent partner.

Sincerely,

Or, if you are going to write and if you have a personal connection to DV through yourself or someone in you family you may wish to explain how this information might have helped in your situation.

If you have any questions, thoughts or comments on the issue I would be interested in hearing them even if you do not live in California.

The Fear, The Terror

Cindy L. Bischof, 43, wore many hats. She was a realtor, a daughter, a sister, a friend and a colleague. And due to recent experiences in her life, she told family and friends she was considering putting on another hat. She was thinking of becoming a domestic violence advocate.

Cindy knew what domestic violence was like. She had been married, but her divorce was amicable and she remained close to her in-laws. Then she began dating. About three years ago she began dating 60 year old Michael L. Giroux. The two ended up moving in together and for a time things were good. But last year there were problems and the two decided to separate last May. And then more problems developed.

Bischof came home one day to find her home vandalized. She got a restraining order. She found Giroux on her patio one day trying to hang himself. He was arrested. She moved out of her home for a time, she had cameras installed. He showed up at her office and other places she went. Giroux was arrested for violating the protection order at least three times. At one point Giroux was reportedly in a psychiatric unit via a court order for several months, but he was released in Nov. At one point Cindy reportedly came home and found Giroux in her dark garage.

According to her brother

“This was eight months of terror,” “She had a constant fear for her life. She tried everything. The system failed my sister.”

In Nov. Giroux was also convicted of a violation of the protection order. He was sentenced to 63 days in jail, 60 days of home confinement and 2 years of intensive probation. Since then, things had been quieter. Cindy’s mother has told media that the end of Feb. her daughter did hear from Giroux. He called and apoligized for what he had done. Because the call appeared harmless, Cindy didn’t report it.

Giroux finished his term on home incarceration just this month. On Mar. 7 th Cindy Bischof was leaving work. As she tried to enter her car she was shot. After shooting her, Giroux turned the weapon on himself. Giroux was pronounced dead at the scene. Cindy Bischof was taken to a hospital where she later died.

Now her family and friends are left to pick up the pieces. And they remember what Cindy said about becoming a domestic violence advocate. Since she can no longer become an advocate, the family has decided to do it in her name. They are determined to become advocates on women’s issues and they are starting with the need for electronic monitoring in similar situations. They also want to make protection orders more effective, and try to come up with ways to make the victims safer as they try to get out of the situations.

According to her brother

“There are going to be a lot of people like Cindy, after Cindy, unless things change,” Mike Bischof said.

dailyherald.com          dailyherald.com    chicagotribune.com

chicagotribune.com    chicagotribune.com

She asked for protective orders, she followed through, she got cameras for her home, she moved out of her home and stayed elsewhere. She did everything she could to help herself short of disappearing.

And the system actally worked as far as it goes. Police actually made the arrests. Prosecutors actively prosecuted the cases. Judges did impose sentences including jail time. He was even sent for a psychiatric evaluation. Still Cindy Bischof died.  This case, along with others, illustrate how desperately domestic violence laws need to be strengthened, and how new technology needs to be incorporated into the laws. Had electronic monitoring been made available, there would have been an alert to the fact that Giroux was in the vicinity of her workplace.

Cindy Bischof’s Memorial page and the beginning of the domestic violence foundation. If you live in Illinois and wish to help, they have listed contact information. If you live in another state and are thinking of doing something similar, you may wish to make contact also.

There is a lot of good information coming out in the above articles. For instance information about risk factors

Studies of women killed by an intimate partner have identified common traits among the perpetrators. Among them: access to a gun, previous threat with a weapon, estrangement from the partner, stalking, forced sex, abuse during pregnancy, drug abuse and unemployment.

“When individuals are unemployed or they start spiraling downward … then that’s a huge, huge red flag,”

In certain cases, however, no jail sentence — no matter how long — would dissuade someone from harming their intimate partner, experts say.

That’s why women who face abuse or harassment are encouraged to seek help outside the legal system. Domestic violence agencies can assist victims in creating comprehensive safety plans, which can include changing their name and even relocating.

Sometimes only the most extreme measure works, said Kathy Doherty, executive director of Between Friends, which provides legal advocacy to domestic abuse victims.

“We’ve helped some women disappear,” she said.

chicagotribune.com

It doesn’t seem fair that the victim should have to be the one to change her lifestyle in order to survive. But until a better system is developed, it may be best to start  over somewhere new and make the changes, than to live with the fear and the terror or to not survive. And sometimes that is the only choices you have.

Meanwhile, there is a need to fight for stronger laws, better technology, more effective treatment for offenders.

The Standoff

Robert Kowalski, 46, lived in a home with a roommate. But he was reportedly dating Lorraine Kay Morin, 45, who lived a few houses away. On Sunday Kowalski reportedly told his roommate that he had killed Lorraine Morin and was feeling suicidal himself.

The roommate called the sheriff about 11 am. He was away from the address at the time of the call. The sheriff’s department confirmed that Lorraine Morin was found dead in her home and by 2 pm SWAT was surrounding Kowalski’s home.

Reports indicate there were no signs of life in the home. Calls to the home went unanswered. Around 7 pm law enforcement broke some windows in the home and used a pole to pull the drapes back. At that time officers report they knew that Kowalski was alive in the home because he swore at officers. Hours passed with Kowalski still refusing to talk with negotiators. About midnight officers report that Kowalski fired one shot, but about 3 am Kolalski was seen moving around in the home.

The standoff continued throughout the night with the latest media coverage being 4 hours ago indicating that the standoff continuing through late Monday morning. Police have indicated that Kowalski has a history of domestic violence. St Rt 35 has been closed due to the standoff.

Lorraine Morrin was a mother of 6 children ages 9 to 28 years old. The younger children are now reported to be with the older children.

montananewsstation.com          dailyinterlake.com **       helenair.com

montananewsstation.com           kulr8.com                      flatheadbeacon.com

** Per a commenter at the dailyinterlake this may not be the first time for Kowalski. Per the commenter Kowalski’s first wife died at his hands. This info has not been confirmed in any media articles as yet.

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Monday evening around 6:08 pm police threw cans of tear gas into the home and Kowalski came out and surrendered peacefully. The standoff lasted for 31 hours. Murder charges had been filed against Kowalski on Monday and he was arrested after he surrendered.

Friends and a past girlfriend have told media that Kowalski suffered from bipolar disorder and had problems when he was off his meds. He also became worse when he was drinking. They have said he has been suicidal in the past and there is also a history of domestic violence. The Daily Interlake recounts some of Kowalski’s history and there is no mention of the fate of his first wife.

dailyinterlake.com             kxmc.com        missoulian.com

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