After a campaign promising reform in his office's handling of domestic violence cases, Douglas County Dist. Atty. Charles Branson has taken steps to enhance prosecution and help victims navigate the legal process.
Branson is launching a program to help victims become comfortable with the court process and testifying against their accused abusers.
The new weekly orientation program will bring victims to the courtroom over the lunch hour to help acquaint them with the place, how the trial will proceed and where they and their accuser will sit during testimony. Fliers explaining the program will go out with subpoenas, Branson said.
"It's incredibly beneficial," Branson predicted of the new program.
Attorneys will provide the orientation. And the office has two coordinators, Cindy Riling and Dolores Moseley, to assist victims and witnesses through the process.
Defense attorney Ed Collister said that, in theory, the D.A.'s new approach to domestic violence cases wouldn't affect how defense attorneys handle cases.
"The only thing that would be bad is if it turns into some kind of turf war," Collister said.
Casey Spense, a Kansas University graduate student in the School of Social Welfare recently finished an internship with Women's Transitional Care Services and the Douglas County District Attorney's office.
Defense attorneys still have to defend the rights of the accused, Collister said, and still have the right to contact victims and witnesses if it seems appropriate.
A bridge
Branson's office also made use of a Kansas University intern as a bridge to Women's Transitional Care Services, a shelter for battered women.
Casey Spencer, a graduate student recruited from KU's School of Social Welfare, served as a liaison between prosecutors and WTCS. Now that Spencer has finished her semester and moved on, Branson said he hopes to continue that newly forged link between agencies using other KU interns.
"We're desperately seeking another intern," Branson said.
Spencer accompanied women to court and helped them secure protection orders and sometimes housing, she said.
Branson's office "would direct them to me," Spencer said. "I was there."
Limited prosecutions
According to Kansas Bureau of Investigation statistics, the number of domestic violence-related cases in the county increased from 291 in 2004 to 377 last year.
In 2004, only 58 percent of reported domestic violence incidents resulted in arrests, statistics show, with only some of those landing on the D.A.'s desk.
When the office does receive domestic violence cases, they likely wind up with Assistant Dist. Atty. Eve Kemple, who handles those cases for the county.
More about domesic violence prevention
Kemple said the chances of prosecution resulting in a prison sentence vary depending on circumstances - whether the crime is a misdemeanor or a felony, whether the victim will testify or whether the victim wants to see an abuser in jail in the first place.
Plea bargains are often struck, with many cases ending in parole or being dropped altogether, raising the possibility that a cycle of abuse, if one exists, will continue.
"There's only so much the D.A.'s office can do," Kemple said. "Our hands are tied so much. I can't keep people safe."
She said she does what she can, meeting with victims in her office privately and calling them on the phone. But she can't talk anyone into testifying. Court is a frightening proposition, especially when you don't know the system and you're sitting across from an abuser who may try to exact revenge for your words, she said.
"We have to respect where they are," Kemple said.
Trying to raise awareness
Most involved agree the new changes are baby steps.
Before Spencer left the program, she organized a community-wide panel discussion among the D.A.'s office, WTCS and Kansas Legal Services to address domestic-violence issues.
The idea, Spencer said, was to organize a citywide Domestic Violence Task Force that would better create a web of short-term and long-term services for survivors trying to move on after leaving an abusive situation.
She invited City Commission members and others to the event, which was held at Kansas University. But aside from Branson and select others from the legal community, those who would most likely take charge of organizing a task force, such as city leaders, didn't show.
"There's got to be common interest," Spencer said after her tenure at the D.A.'s office ended.
But interest in the idea still exists in both WTCS and the D.A.'s office. Now, with increased communication likely to continue, the idea may yet take flight.
"We are at the threshold of some big, communitywide changes," Kemple said.
Comments
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rednekbuddha (Kelly Powell) says…
My only concern about this is the potential for the coaching of witnesses..........Yes domestic violence is an ongoing tragedy, but I have known many couples that BOTH parties were the aggressor at one time or the other....thankfully the police are recognizing that more these days
smitty (anonymous) says…
In order for the DA to do his part the victim must get the co-operation of the police.
Police Domestic Violence
As the victim of a police officer, your situation is very different than that of other victims of domestic violence. You may be afraid to:
Call the police
He is the police.
Go to a shelter
He knows where the shelters are located.
Have him arrested
Responding officers may invoke the code of silence.
Take him to court
It's your word against that of an officer, and he knows the system.
Seek a conviction
He will probably lose his job and retaliate against you.
Drop the charges
You could lose future credibility and protection.
All of these approaches could increase your level of danger. If you have ever tried to get help, you may have become discouraged because no one seemed to understand your plight. Women who come to Life Span have helped us develop expertise on this issue.
Based on years of experience dealing with victims of domestic violence, Life Span's staff knows that when a client says, "He's a police officer...", it changes everything. We are committed to sharing this information with other police victims and advocates.
crazymanthinkin (anonymous) says…
This is Branson's "new" plan? Doesn't the article point out that there are two full time victim / witness coordinators that have been working with the DA's office for years who do this type of orientation on an individual basis? So, his big plan is to have a powerpoint presentation done at lunchtime to those who voluntarily come in? What about those who can't take a lunch break to come to the courthouse? What if there is only one a day? It doesn't seem like a very efficient use of resources. It also seems most likely that those who are in most need of assistance are not going to pay attention to a flier and voluntarily come in on their valuable time to get impersonal advice about what happens in general in court. Hello! Anyone who has seen an episode of Law and Order knows in general what will happen. People want to know what is going to specifically happen in their case and it doesn't seem wise to discuss that in an open forum with who knows who showing up for advice. Plus - what if someone who is testifying in a case wants to remain anonymous - such as a domestic violence victim - except to those who are going to be in court? That person has to show up to be "oriented" just like everyone else? I don't think I would feel very comforted being invited to an impersonal witness cattle call.
And the outreach between WTCS and the DA's office? What about the domestic violence victims who were revictimized by the DA's office by being arrested and put in jail until they were forced to testify. I know someone this happened to this past year. Sad to say. Real compassionate on the part of the DA. It may be frustrating for the DA's office to work on a case only to have the victim back out of testifying but that's a witness right and by incarcerating them the victims may be put in an even worse situation than before. Maybe the number of cases has risen so much in the past year is because Branson is arresting victims. It doesn't seem that this is the softer, friendlier DA that was promsied.
Hooray - Douglas County elected someone whose idea of fulfilling a campaign promise is solving a problem that did not exist by giving a Powerpoint presentation to virtually no one. Thank God he's earning $105,000 a year coming up with great ideas like this.
Are we sure this guy isn't a closet Republican?
Nonsense (anonymous) says…
Sara "crazymanthinkin" still bitter over the loss?
mommaeffortx2 (anonymous) says…
any step forward for domestic violence victims is a good one but as is with all else it will never be perfect or 100% but it is a step forward so pray it works and helps
Confrontation (anonymous) says…
I definitely agree with mommaeffortx2. I wish more were being done, but this is at least something.
crazymanthinkin (anonymous) says…
Nonsense? A misplaced jab. . I'm just someone who works in the courthouse - who is interested in accountability.