Archive for category Victim Impact Statement

WHERE’S THE HEART IN JOURNALISM FOR THE PLIGHT OF VICTIMS OF VIOLENT CRIME?

o-PHILIP-RUSSO-facebook

In bygone years, journalists were supposed to stick to the “W’s” – Who, What, Where, When, Why …and How  to present a factual account of a journalistic piece.  However, as a survivor of crime, I now clearly see that reams of paper and ink are devoted to the “who” meaning the perpetrator and the “what” with a more than healthy dose of sensationalism, frequently at the expense of the crime victims. Victims’ families are nearly ignored in this process. The more grisly the better in journalism and viewers flock like a feeding frenzy.  Like it or not, that’s the way it is.

This leaves them as “second class citizens, “out in the cold”, “at the back of the bus” and “a virtual afterthought at best!”  Do journalists really give the public what they want?  Or, is this just rationalization or an excuse for reprehensible behavior in presenting such a skewed image of the people and circumstances involved? I would like to think that the general public, irrespective of their thirst for the immediacy of social media, would “take the high road” if guided.

What is “the high road?” The high road would include: presenting a balanced picture-not to sensationalize; to stick to verified factual information; to not “rush to judgment “ for the sake of beating to the punch  a competing news organization; to humanize the victims above all else, rather than used as a pawn in the ever complex judicial chess game.

The truth is, if journalists did a better job of humanizing the victims, I’m certain there would be positive “spill over effect” to court personnel and the enforcement of crime victims’ constitutional rights!

Enter, Stage Left, my customized victim impact writing service designed for victims “lost in the media swirl” who desperately need a cohesive, objective, experienced voice to convey the heart and soul of their loved one!

A prime example of getting caught in the abyss of the horror of mass homicide without as place to turn is Philip Russo, widower,  former husband of Shelia Russo passionate advocate for the downtrodden, working as the Tribal Administrator on tribal land in Alturas, California (although the mass shooting took place in the tribal office, the building itself does not sit on tribal land). In February, Phil’s entire world “faded to black’.  It all went horribly wrong in an instant!

In order to assist Phil in his quest to the correct the misconceptions of this tragedy, to focus on all victims, including the memory of Shelia, (as opposed to the press the murderer has received,) I submitted selected interview questions to Phil to reflect upon. Readers should keep in mind that his responses reflect a very new and early and very thoughtful perspective

In addition, in more than 30 years of working with crime victims, I have NEVER heard of a more egregious failure of “the system,” a more convoluted, complex, bureaucratic wasteland forced upon this man; lacking in sufficient resources for a crime victim in my life, all due to many circumstances beyond Phil’s control.        It is the proverbial “black hole “you would not wish upon your worst enemy.

This is the very circumstance, which calls for others to step up and step in, including assistance with victim impact, where applicable!

However, on the positive side, I must say at the outset, with people connections, resources and some support, Phil is just beginning to “see the light of day” ever so slowly, with his overwhelming sense of grief the most difficult part of his battle.

I am honored that he chose to participate and offer his voice for the benefit of others.

Questions and Responses for Phil Russo

Thus far, what is the one most difficult lesson you have learned about being a victim of violent crime?    

Personally speaking, it was the realization that all of the programs and people everyone thinks are out there to aid someone in my situation are either nonexistent or were or little to no help to me. I went through all of the traditional sources for victim’s assistance, not one was able to connect me with the help I was seeking.  I was thrown into a quicksand of red tape. Having to jump through hoops to complete paperwork and make phone calls. Dealing with bureaucracy is the last thing you want deal with when you’re experiencing debilitating grief. For me, the ability to speak with people who had experienced losing someone to gun violence, just as I had, was crucial. I’ve had the good fortune to speak with many other survivors, who tell me they all had the same experience. It was only through reaching out on my own that I was able to find people like you, who were able to put me on the right path.    I feel grateful for having come across the people I’ve met through social media. If it weren’t for all friends that I’ve made by striking out on my own for help, I don’t know where I’d be today.  I’m lucky in that whatever it was that possessed me to use social media to reach out has led to meeting so many caring people.  I hate to think about all the other victims who aren’t as lucky as I am in that regard.  On the positive side, one of the enlightening things that I’ve learned is that in times of tragedy, you need to surround yourself with caring supportive people. When Shelia was first killed, I was determined to make it through this on my own.  I realized though, that I was never going to make it alone. I needed help. So I opened my heart and reached out to others and it has made all the difference.

What is the biggest misconception that the media has concerning this horrible crime?  

article-2565664-1BB8DBDF00000578-661_634x826There are a few things. First, regarding Shelia’s role in all of this, Shelia’s job as Tribal Administrator was to implement the decisions made by the tribe.   Shelia had no role in the decision making process for the recall elections or the evictions.  Her job was to merely oversee the proceedings to make sure they were carried out per the tribe’s by laws.

Then, there are some who are of the opinion that this is just a common occurrence with Native American’s on reservations. I believe this is a misconception fueled by prejudice.

Regarding the matter of the embezzlement, it’s hard for me to believe that Cherie Rhoades would kill 4 people and try to wipe out the entire tribe merely over her eviction. There were 19 people in the building that day, and according to testimony by law enforcement, Rhoades made statements that she intended to kill everyone.  Remember, this is woman who was receiving $80,000 a year and living in her house for free, simply for being a tribal member.  She could have simply packed up and moved elsewhere very easily.  Sources put the dollar amount of the embezzlement at $50,000, but that was just according to the 2012 financial audit. The accounting records for the previous years were so poorly kept, that they were going to have to recreate them forensically.  Cherie Rhoades was the chairwoman for 10 years.   I believe that if they dig deeper that they would find a lot more.

Hypothetically speaking, do you feel that if but for multiple victims, victims within the same family and culture as the perpetrator, your wife’s murder would not have “gotten lost”? Why/Why not?

That’s a difficult question to answer.  I don’t know why this story, as a whole, has gotten very little attention. Even some of the activist groups that I’ve become a member of didn’t even know this shooting occurred.  I’m not sure if it’s because of all the reasons you’ve listed or our extremely remote location. Those all very well could be the reasons. Then again, maybe not. I’m not sure why.  I’m still trying to figure this out.

In your opinion, what can realistically be done to incentivize journalists to begin focusing on crime victims versus the perpetrators?

I’m not sure if it’s a matter of trying to incentivize or the need to humanize them…  People have commented to me that the media is just giving the public what it wants I think that’s a cop out. People are still going to read the stories to learn the facts. I believe that media can still report the news without glorifying the perpetrators and all of the sensationalism.  I can understand why some people are apprehensive about talking to the media. They’re afraid of being taken out of context and exploited and rightly so.  It certainly does go on, but I think that we as victims need to speak out more.  We need to talk about our loved ones.  We need to tell the stories of their lives and all the good things they did so that they are remembered for WHO they were and not by how they were killed.  Remember, for every positive story that we DON’T tell, the media will only publish the negative. I want people to see real cost of this violence, the human factor. I think that honoring the victims is something that everyone can relate to and hopefully, in some way, it may help to bring an end to this violence.  I think that we also need to hold the media accountable for what they publish.  If you see an exploitive news story, call the news director or station manager where the story appears and let them know that it’s insensitive to the victims. It’s just something that needs to be taken on one battle at time. That’s activism 101.

One of the ironies of this case is that your wife’s background was rich in accomplishments with much to be written about as a feature story. What would your feature story include about Shelia? 

The wonderful thing about Sheila is that for all of her accomplishments, she always remained just a humble country girl from Bakersfield. Shelia was one of the most caring, loving, non judgmental and down to earth people that you’d ever meet. She was driven by an innate passion to help others and it was her compassion that was really the key to her success.  Major accomplishments aside, it was all the little things she did in between that made Shelia who she was.  After her death, people that had known Sheila in the past came out in droves to contact me. People I never knew or heard of before.  They shared wonderful stories with me about Shelia had impacted their lives. They told me Shelia was a mentor to them, how Shelia gave them jobs when other people gave up on them. One woman told me how Shelia was able to “work her magic” and save her grandmother’s house from being taken away by the Bureau of Land Management. People were so compelled to reach out to tell me, they sent their cards and letters in care of the Modoc County Sheriff’s Office because they had no other way to reach me.  Even in her free time Shelia took every opportunity to write in public forums about issues that were important to her.  She was very well educated on the issues of the day and not afraid to debate on healthcare and immigration reform, environmental and climate issues, and marriage equality. In true Shelia fashion, always fighting for the underdog.  Not more than a week before she was killed, I asked Shelia the question if what she did for work seemed like a job to her, or if she loved it so much that it didn’t seem like work. She thought for a second and then answered me. She said that she loved what she did so much, that to her, it wasn’t work at all. In fact, she would do it even if she was never paid for it. It was just a way of life for Shelia.  That’s the kind of person Shelia was.Unknown
People have asked me if this tragedy has hardened my heart. The answer is no, and quite frankly just the opposite is true. It’s really caused my heart to open more. I hate to sound cliché, but it does make you realize what is truly important in life and how trivial most the things that conflict us really are.   Sheila already firmly grasped this “big picture” of life, even without suffering the tragedy. The things that meant the most in life to Shelia were her children, her family, friends, her love for nature and animals, and her desire to do good things in her lifetime.  A few years ago, Shelia posted on Facebook “What makes life worth living is working to create the mark that you leave on this world”. The people who have recently come to know Shelia through me all tell me how inspirational her story is. This is the reason why I try so hard to tell her story.  I know that Shelia will continue to inspire and open hearts.  This is the gift that Shelia has given to me.  This is the mark that Shelia has left on this world. This is the Shelia that I want people to know.

Comments and Conclusions:

I am truly touched at the thoughtful, sensitive nature of Phil’s reflections, revelations and truths regarding the circumstances and the character of his wife – even at this early stage in his journey.  There truly is no “right or wrong responses” when we try to access one’s intellect combined with places in the heart… It is only through the process of reaching out to others in times of need that we really begin to understand the richness of life itself. Sheila would have wanted it that way. I feel it! We will attempt to keep you updated on this story. To contact Phil Russo: philip_russo@yahoo.com;

Contact me for information about Victim Impact Statement Services available if you have the need:  Email ladyjusticedonna@gmail.com

, , , , , , ,

Leave a comment

The Rights of Crime Victims: A “Back of the Bus” Mentality 

8118180314_9eaec21d71_z

As citizens born and bred in the United States, we often cannot appreciate our freedoms…unless they have been trampled upon in the most egregious of ways.

Some rights are considered  fundamental and “Universal,” recognized by the United Nations which  structurally has six arms –governing bodies  (See reference #57 for a pictorial summary)  These include:

 Right to self-determination

 Right to liberty

 Right to due process of law

 Right to freedom of movement

 Right to freedom of thought

 Right to freedom of religion

 Right to freedom of expression

 Right to peaceably assemble

 Right to freedom of association

Civil Rights include:  the rights that are granted to every citizen of the United States by the constitution and all of its amendments. Equal protection is guaranteed to every one regardless of race, color and creed.

In history and in current day, we can find a multitude of examples wherever we look to see egregious examples of human and civil rights violations!  What good are laws if they are constantly broken by the general public?  Even so, laws provide a framework and structure for the masses in which to conform. Without such order, lawmakers no doubt felt that without such rules, those without self-discipline would flourish and our very existence would be in a state of constant chaos!

The Matter of Laws With and Without Enforcement:

We all know that you can carefully craft and pass laws “until the cows come home.”  Poorly crafted laws aside, if those well researched, written and implemented laws are not ENFORCED, they serve no real purpose except for the “feel good nature of legislators” who believe that they have done their jobs to pacify their constituencies.

Case in Point:

Rosa Parks

Rosa Parks

Rosa Parks [1913-2005] On December 1, 1955, at the age of 43, Rosa Parks, who was a trained activist for the NAACP  and a civil rights activist.  She was employed as a seamstress, and refused to vacate her seat for a white passenger on a bus in Montgomery, Alabama. She was arrested and convicted of violating the laws of segregation.

The Jim Crow laws were in effect –   “Jim Crow was not a person, yet affected the lives of millions of people.  They were named after a popular 19th-century minstrel song that stereotyped African-Americans, “Jim Crow” came to personify the system of government-sanctioned racial oppression and segregation in the United States”.  

They emerged in southern states after the U.S. Civil War. First enacted in the 1880s by lawmakers who were bitter about their loss to the North and the end of Slavery, the statutes separated the races in all walks of life. The resulting legislative barrier to equal rights created a system that favored whites and repressed blacks, an institutionalized form of inequality that grew in subsequent decades with help from the U.S. Supreme Court. The remnants of the Jim Crow system were finally abolished in the 1960s through the efforts of the Civil Rights Movement.

The Henry Ford Museum in which the bus is housed, explained further, “…Under Jim Crow customs and laws, it was relatively easy to separate the races in every area of life except transportation. Bus and train companies couldn’t afford separate cars and so blacks and whites had to occupy the same space.” 

Thus, transportation was one the most volatile arenas for race relations in the South. Mrs. Parks remembers going to elementary school in Pine Level, Alabama, where buses took white kids to the new school but black kids had to walk to their school.

“I’d see the bus pass every day,” [Rosa] said. “But to me, that was a way of life; we had no choice but to accept what was the custom. The bus was among the first ways I realized there was a black world and a white world”  

Montgomery’s Jim Crow customs were particularly harsh and gave bus drivers great latitude in making decisions on where people could sit. The law even gave bus drivers the authority to carry guns to enforce their edicts. Mrs. Parks’ attorney Fred Gray remembered, “Virtually every African-American person in Montgomery had some negative experience with the buses. But we had no choice. We had to use the buses for transportation.”

The Legacy of Rosa Parks

It wasn’t about being obstinate or that her feet hurt, her impetus blossomed into a very impactful, dangerous and courageous bus boycott for the imagesworld and Presidents to view. In my opinion, her act was the catalyst for real, effective civil rights. How often do you get the window of opportunity for change in this manner? President Kennedy, for all of his adoration, wanted the whole thing to  just go away “as he was “up to his ears “in the Cuban Missile Crisis.  As it turned out, the reluctant hero of circumstance, President Lyndon B. Johnson was forced to make history and received the credit for civil rights change.

Rosa and the “Back of the Bus”

Rosa may have been a seamstress, and considered a second class citizen, but she was an intelligent woman, a strategist, and saw her opportunity.  But, what was it actually like for her and all of the blacks in the South that were so oppressed?  No matter if it was the lunch counter, water cooler, separate restrooms or back of the bus.  Disrespect and lack of human-civil rights is the same no matter how you package it!

“Back of the bus” and second class status is such a violation of who you are as a person, especially if there are clear laws and protections in place! Rosa had had enough and chose to rise up in favor of her race, her personhood, her humanity and for civil rights that were “just out off her reach” at the time. She was a pioneer.

An Analogy. It all began with an Assassination Attempt:

President Ronald Reagan was shot in an assassination attempt, and realized there was no system to care for crime victims. National Crime Victims’ Rights Week was created. In 1982, the President’s Task Force on Victims of Crime produced a Final Report and 68 recommendations that provided the foundation for victims’ rights and services in years to come; Office for Victims of Crime within the U.S. Department of Justice established in 1983.

The focus was treating victims with dignity and respect, implement their rights under law, and educate the public about the impact of to improve our nation’s law enforcement, criminal justice and community response to offenses that, previously, were considered merely “family matters.”

“Back of the Bus Status” with Crime Victim Rights:

There is no Amendment to the U.S. Constitution yet… and just 33 of 50 states have crime victim rights at the state level. For an excellent tutorial, see the “Shattered Lives” broadcast featuring Will Marling, Executive Director of NOVA.

If I were to make a laundry list, of excuses and injustices I know of, it would stretch from here to California.  However, the occurrences that portray the victim as “an afterthought” in favor of the States’ interest, who disparage the victim and their family members, particularly if they have not lived a “pristine life” [Who has?]; If communication and consideration are severely lacking such that it significantly impacts the case and family’s ability to cope and “go with the flow” of the cold, cruel judicial process; If there is a very prolonged resolution …or none at all;  If there is no support or resources, such that the victim is “in a jurisdictional black hole” based on geography, lack of access  or other circumstances beyond their control …or if the victim (if alive) or other family member is not equipped with the proper resilience necessary and choses a  destructive path,  these are the some of the most flagrant examples of “back of the bus mentality” that can do real damage.

A Judge’s “Back of the Bus” Attitude:

Those who are charged as officers of the court, who are compelled to treat others with fairness and objectivity and include all relevant information should hang their heads in shame reading the following account.  Although this is a very early example, we know that even in 2014, often many judges do not go out of their way to enforce victim’s right to be heard.

Victim advocate Jo Kolanda describes a sentencing hearing she attended in the 1970’s:

“I went to court for the sentencing of a defendant who had been convicted of homicide by intoxicated use of a vehicle. With me were the mom and dad of the young woman he killed. The offender’s parents, friends, and pastor told the court what a wonderful guy he was. The victim’s parents asked the assistant district attorney to ask the judge if they could tell the court about their daughter. The judge said they could not because “It would be inflammatory.” Then he added that….. “He couldn’t understand why this simple traffic case was cluttering up his court calendar in the first place.”

[Reference: Janice Harris Lord, ACSW-LMSW/LPC For Mothers Against Drunk Driving Copyright © 2003 Mothers Against Drunk Driving, James Rowland, founder of the Victim Impact Statement; Anne Seymour of Justice Solutions in Washington, D.C et.al

The Crowning Achievement to “Get the Gore Family Outta the Back of the Bus”

April 24, 2013, THANK YOU  ATTY MICHELLE S. CRUZ and DR. LAURIE ROTH!

Please do take time to listen to our amazing journey on The Roth Show! It is a day forever in my heart for good or for bad.

 

And finally, my attempt to “fill in the gaps and pay it forward” in a different and needed manner:

A Customized Victim Impact Statement Assistance Service ,one of the remaining avenues for crime victims to have a voice within the courts is through victim impact statements. Victim impact statements are usually read after trial as a way to get into the record the impact of the crime on the victims along with their friends and families.

  • Can you trust someone else to present a generic picture for you?
  • Can you trust that another relative  or friend will say what is needed?
  • Can you trust yourself to maintain control?

If the answer to any of these questions is doubtful, trust in me, a skilled writer and homicide survivor and advocate with over 30 years experience.  If you have been given sufficient time to prepare a victim impact statement, perhaps I can help.

For more information, please contact me about Victim Impact Statement Assistance.

VIGraphic.001

I wonder what Rosa Parks would have said about this service?  Very good things, I hope!

We will not stand for “back of the bus” any longer!

 

 

Additional References: http://thelawdictionary.org/civil-rights/
http://www.pbs.org/wnet/jimcrow/index.html
http://legal-dictionary.thefreedictionary.com/Jim+Crow+Law
http://www.thehenryford.org/exhibits/rosaparks/story.asp

 

 

 

 

, , , , , , , , ,

Leave a comment

The Most Important “Head’s Up EVER! The Victim Information Notification System (VINE)

 

VINEA counterpart to Connecticut’s Office of the Victim Advocate is the Judicial Branch Services in the Office of Victim Services. They oversee the Victim Information Notification System (VINE), otherwise known locally as CT SAVIN – Connecticut Statewide Automated Victim Information and Notification (System).

CT SAVIN is a free, confidential service that provides crime victims and their family members, victim advocates, and members of the community  no cost, confidential notification of court related events. The Connecticut Judicial Branch provides this toll-free, automated notification service.

VCRs- VINE Service Representatives

CT SAVIN is operated by the VINE (Victim Information and Notification Everyday) service and is available 24 hours a day, 365 days per year. In addition to VINE Link, CT SAVIN offers a free and anonymous telephone service that provides crime victims and interested individuals with information and notification. Accommodations are available to those with communication impairments and Spanish speakers as their primary language.  (I would check in advance to ascertain if representatives and documentation is available to assist in other languages).

Registration Information: Notifications can be received by telephone or e-mail.  Fair warning! Should you misrepresent your identity, you could be prosecuted!  You are encouraged to update your status and personal information whenever a change occurs!

And just to be CLEAR, in our state where bureaucracy rules CT SAVIN provides notification messages regarding court related events whereas the Office of Victim Services and the Department of Corrections OVS/DOC provides information about changes in inmate status.

For help with registration for Connecticut incarcerated inmate related notifications contact OVS toll-free at (800) 822-8428 or DOC Victim Services Unit toll-free at (888) 869-7057. http://www.jud.ct.gov/webforms/forms/vs005.pdf

Why can’t every state have a “one stop shopping procedure” and be an “opt out” system? “Just askin’.

The Proof is in the Pudding….Generic_VictimNotification

Although I have been registered with the Department of Corrections and the Office of Victim Services Notification Systems, I was negligent in registering with VINE! Shame on me. So, as a “test case,” for this blog, I went through the process via phone registration.  They will ask you identifying information regarding the inmate and your name. They will also respond to any related questions or get the answers (Seems to me, I was put on hold about three times.)

TYPES OF NOTIFICATIONS GIVEN BY SAVIN:

  • A 30 day advanced  notice of the prisoner’s  release
  • Information concerning a prisoner’s transfer to another facility
  • Information concerning the escape and re-capture of the prisoner
  • Information regarding the custody status of the inmate

Other Important Points

  • You may register other family members with their phone number or e-mail address  and a password;
  • It does not matter where you are based, you will receive the notification
  • There is a free app available via Apple ITunes as well;
  • CT SAVIN notification messages will be left on an answering machine
  • Notification from CT SAVIN should be just one part of your safety plan

APPRISS, the Kentucky based software company, devoted to safety notification, administers the program, and includes a wide range of services.  (As they are undergoing management changes, a Shattered Lives radio show is still pending.) http://www.appriss.com/default.html

A Quick Reference Guide: How to Register: 

https://www.vinelink.com/docs/VINELinkQuickReferenceGuide.pdf;

Please check the procedures and provisions in YOUR State, as they may differ!

This is a great opportunity to remind readers, that the VINE alerts you to changes with court related events regarding the perpetrator.  However, who is there to be your voice to the court, or with Board of Pardons and Parole when you clearly are too distraught and consumed with emotion to convey your opinion on the fate of the murderer?

  • Can you trust someone else to present a generic picture for you?
  • Can you trust that another relative  or friend will say what is needed?
  • Can you trust yourself to maintain control?

If the answer to any of these questions is doubtful, trust in me, a skilled writer and homicide survivor and advocate with over 30 years experience.  If you have been given sufficient time to prepare a victim impact statement, perhaps I can help.                    

For more information, please contact me about Victim Impact Statement Assistance.

VIGraphic.001

 

The Most Important “Head’s Up EVER! The Victim Information Notification System (VINE)

 

 

 

 

 

 

, , ,

Leave a comment

In the Shadow of Sandy Hook What Should be the Yardstick for Victim’s Privacy?

 

mass media, privacy, victim privacy

Even 15 months after the most horrendous mass killing of children and adults in recent history, the wounds are still fresh…

A year anniversary passed in December….

A Governor appointed Advisory Council is still grappling with the “why of it” in hopes of gaining insight into the prevention of another mass tragedy of its kind.

Guns, mental health, school oversight, and parental responsibility aside, a town grieves daily. But there are signs of renewed hope with a new architectural design for a new school just completed and a Selectwoman who continues to lead with grace and thoughtfulness.  Using a delicate balance of completing town business and always keeping those who died in our hearts and minds., Pat Llodra accomplishes her mission to ensure the safety and best interests of her residents.

 

A MATTER OF PRIVACY

Release of the 911 tapes: “Release of the audio recordings will also allow the public to consider and weigh what improvements, if any, should be made to law enforcement’s response to such incidents,” Superior Court Judge Eliot Prescott said.

Pat Llodra, First Selectwoman of Newtown compared the steady leak of information about the investigation of the shootings at Sandy Hook Elementary School to “Chinese water torture she now believes recordings of 911 calls from the school should be made public.

“Every day, there is something in the media that drags us back to that terrible day,” Llodra said. “I think everything that can be released should be released.” She asked that media “treat us kindly” in December 2013, just three months ago.

Although each and every victim has their own opinion regarding what is appropriate and what they can personally tolerate, in the final analysis, dispatchers were calm and handled the situation as trained.  However, this event has opened up a Pandora’s box in that victim’s privacy issues have never been so exposed. Does anyone really want or need to see photographs of dead children and carnage from perpetrator Adam Lanza?

Does the “principles of Free speech” and journalism trump human decency?  Should we rein in the Freedom of Information Act in certain circumstances?

Raised Bill 388 of the Connecticut General Assembly-                                                                       

AN ACT IMPLEMENTING THE RECOMMENDATION OF THE TASK FORCE ON VICTIM PRIVACY AND THE PUBLIC’S RIGHT TO KNOW.

Link to Text of the Bill: http://www.cga.ct.gov/2014/TOB/S/2014SB-00381-R00-SB.htm

This bill seemingly covers all bases in scope with 29 separate provisions stating: “Nothing in the Freedom of Information Act shall be construed to require disclosure of…” in situations in which various documents, files or images, it has been determined that the withholding of such in the public’s interest clearly outweighs the public interest in disclosure and such disclosures would constitute an invasion of personal privacy.

Specific provisions added  as they relate to crime victims include 27 through 29:

(27) Any record created by a law enforcement agency or other federal, state, or municipal governmental agency consisting of a photograph, film, video or digital or other visual image depicting the body or any portion of the body of a victim of a homicide, to the extent that the disclosure of such record could reasonably be expected to constitute an unwarranted invasion of personal privacy, [of the victim or the victim's surviving family members.] provided nothing in this subdivision shall be construed to prohibit the inspection of such a record in accordance with section 2 of this act;

(28) Any record created by a law enforcement agency or other federal, state or municipal governmental agency consisting of an audio recording of an emergency 9-1-1 call or other call for assistance that is made by a member of the public when such call (A) relates to a homicide, and (B) captures, conveys or relates to the impaired physical condition of the caller or another person, to the extent that the disclosure of such record could reasonably be expected to constitute an unwarranted invasion of personal privacy, provided nothing in this subdivision shall be construed to prohibit listening to such record in accordance with section 2 of this act;

(29) Any record created by a law enforcement agency or other federal, state or municipal governmental agency consisting of an audio recording that is an operative communication among law enforcement personnel when such communication (A) relates to a homicide, and (B) captures, conveys or relates the impaired physical condition of the caller or another person, to the extent that the disclosure of such record could reasonably be expected to constitute an unwarranted invasion of personal privacy, provided nothing in this subsection shall be construed to prohibit listening to such record in accordance with section 2 of this act.

(Bracketed text is recommended for deletion while the remainder of 27-29 was underlined in the Bill, meaning that it is new information to be added). As can be noted, this language covers records, photos, videos created by law enforcement,, depicting a body or a portion thereof, audio recordings that convey information concerning a homicide or the impaired physical conditions of victims, and requests for copies of images and audio recordings, including copying of images in which victim families have submitted a written objection  to the image.

The other provisions include “everything but the kitchen sink” such as medical files, trade secrets, financial and commercial, content of real estate appraisals , records between those with privileged relationships, school enrollment records, investigative records, adoptive records, town petitions, educational and mental health records, security manuals, emergency plans, correctional institution material, records from government owned or leased institutions, security system information, Department of Transportation records, parks and recreation  minor attendees, etc.

STATUS:

This Bill was referred to the Judiciary Committee as of 3-4-2014 after which a Public Hearing  of the Government Administration and Elections Committee was held  on 3-10-2014, lasting  5½  hours (inclusive of all bills within that committee.)                                                                                           Link: http://www.ctn.state.ct.us/ctnplayer.asp?odID=10015

The number of entities testifying on behalf and against this bill is listed as follows:

To date, the GAE Committee voted 8 to 6 in favor of the bill. It may pass on to other committees prior to the end of the session on May 7th (a short legislative session this year.)

 

Judiciary Committee
03/10/2014 American Civil Liberties Union of Connecticut – David McGuire 03/10/2014 CCFOI and Privacy and FOI Task Force – James H. Smith
03/10/2014 Connecticut Bar Association – Daniel J. Klau 03/10/2014 Connecticut Broadcasters Association – Michael P. Ryan
03/10/2014 Connecticut Council on Freedom of Information – Claude Albert 03/10/2014 Connecticut Criminal Defense Lawyers Association – John T. Walkley
03/10/2014 Connecticut Daily Newspapers Association – Chris VanDeHoef 03/10/2014 Connecticut Freedom of Information Commission – Colleen M. Murphy
03/10/2014 Connecticut Society of Professional Journalists – Jodie Mozdzer Gil 03/10/2014 CT Daily Newspapers Assoc. – Chris VanDeHoef
03/10/2014 CT Division of Criminal Justice 03/10/2014 CT Office of Chief Public Defender – Susan O. Storey
03/10/2014 CT Office of the Victim Advocate – Garvin G. Ambrose 03/10/2014 Don DeCesare
03/10/2014 Freedom of Information Commission 03/10/2014 Mitchell W. Pearlman
03/10/2014 Rep. Angel Arce 03/10/2014 Rep. Leonard A. Fasano
03/10/2014 Senator Donald E. Williams, Jr. 03/10/2014 South Windsor Police Department – Matthew D. Reed
03/10/2014 The 26 Families of the Victims of the Sandy Hook School Shooting 03/10/2014 The 26 Families of the Victims of the Sandy Hook Shooting – Morgan Rueckert
03/10/2014 The Freedom of Information Commission    

 

IN MY OPINION:

The Constitutional rights of freedom of speech and the public’s right to know need to be forever balanced. When respect and human dignity are “thrown out the window” in favor of media ratings than we have sunk to a new low in society. I am not sure when we veered off course in favor of sensationalism and gore.  However, I do know that the pendulum needs to swing back. Crime victims need to take control and draw clear boundaries for themselves. This is an area with which we should not have to be concerned.  However, we are placed in this position by the sheer number of atrocities occurring. Let’s stop the madness and   use some common sense and human decency.  Government should not have to legislate human decency! If this legislation is passed by the end of the session, may it serve as a model for other states as well as a cautionary tale regarding journalists’ lack of moral compass.

With that said, an answer to reliving some of the pain of a surviving family’s experience following homicide, is my customized Victim Impact Statement Assistance.  Using my skills and experience, I can paint the picture with and for you, such that the court or Board of Pardons and Parole can truly know your family member.  It will be a testament of the heart, relieving you of the burden at a most vulnerable time.   If I can help you or your family, please contact me.

In the Shadow of Sandy Hook What Should be the Yardstick for Victim’s Privacy?

, , , , , ,

Leave a comment

Follow

Get every new post delivered to your Inbox.

Join 50 other followers