Crime Victimization: It’s Not Over ‘Til It’s Over

 

 crime victim

 

I have come to realize that working with other crime victims is never  a “one and done proposition” when you have invested with your heart as well as your other skills.

Getting Ready

In the beginning, you have a specific assignment, your procedures, your time frame, your technical assistance waiting in the wings, your  “cut to the chase priorities” if needed.

You anticipate need, you craft questions and ways to elicit information that are most helpful. You know how to interview and you have learned that listening to both what is said and not said are equally important. You underestimate your time when time is the most precious commodity.

Changing your Mindset

Sometimes as professionals, (whether paid or unpaid) we sell ourselves short, for we may think that these vulnerable people who have joined the “victim of violent club”  entered kicking and screaming just like us, oh so long ago. As seasoned victim advocates, we must clear out the cobwebs and put ourselves in their role again, not a comfortable position.  However, your pain must be dredged up, now to be used as a teaching tool for others. You must set your personal opinions aside and be the victim, apart from the horrendous crime.  You must comfort, carefully  sprinkling realism on what they may think or may learn from television or  biased media reports.

Ready, Set, Go-Maybe…

You are providing a service ready to go on specified date, but alas, keep in mind that your “colleague in crime” may be grief-stricken, not able to communicate, organize thoughts, not able to go to work, rise from bed on that day, answer e-mails or phone calls. If they can’t face the world today, they can’t be ready for you. You must be prepared. You walk that delicate balance of providing a sense of hope that they will make it through. Although their lives are irreparably changed forever, someday something positive will blossom in their lives because of, in spite o,f the awful event that took their loved one from this earth.  However, you must not make promises you can’t keep.  

The Judicial System

When dealing with the judicial system, they must be prepared that weak evidence, lack of evidence, contradictory evidence ,circumstantial evidence and lack of DNA (the “magic bullet” can all be part of the uncertainty for the jury and hence, reasonable doubt. No matter how much you love your  family member  and present a fair and balanced picture to the court,  the defense can and does readily put the victim on trial, exposing all matter of skeletons in one’s closet!  If the victim was complicit in the crime, not an innocent victim by legal standards, or if  mitigating factors are present (any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence). This includes the very real possibility of a plea bargain-deal.

The Brand New Victim

Is not resilient, cannot anticipate, frequently has few people with whom to compare notes. When discussing their cases with family members (who are often at different places emotionally) more questions than answers are generated, with few if any timely answers. They are resentful, depressed, very angry and so very disillusioned.

The Seasoned Victim Advocate Providing a Service

Provides a lifeline; a yardstick against which to measure the starts and stops, ebb and flow of the process. But most importantly, when hearts ans souls are involved, it is NOT a “One and done”, ‘Bye, see ya’, “Have a nice life.”  How can it possibly be so when you are spiritually kindred souls? A valuable connection has been made when a new crime victim puts their trust in you to “paint the true picture” of their precious loved one.  Afterall, isn’t that that way life should be?  

You hope for a connection that will last.  Even if it cannot be for whatever reason, you know in your heart of hearts, you truly have made a difference and are with them spiritually when they deliver their customized victim impact statement in the mahogany laden room where they hope justice will prevail! This is one of the most difficult chapters. But truly, it will never “be over” for a crime victim.   he fat lady of the opera never sings…. However, victims  can and do evolve from victimization to survivor, and sometimes, a thriver- all very important distinctions!

For assistance with creating customized Victim Impact Statements for families experiencing homicide with sufficient preparation time, see the following link-  https://donnagore.com/victim-impact-statement-assistance/ 


Donna R. Gore

To schedule Donna R. Gore for your next conference, seminar or event, please contact ImaginePublicity.Phone: 843-808-0859 or Email: contact@imaginepublicity.com

You can find me here, please follow or friend! Facebook,  Shattered Lives,  Twitter, LinkedIn

 

 

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In the End: My Second Victim Impact Statement

tilting the scales of justice, David LaBahn, Shattered Lives, Donna R. Gore, LadyJustice

LadyJustice prevails!

                

April 24th, 2013 – A Lifetime Between Victim Impact Statements

One need only to read a sampling of my voluminous collection of blogs, 400 since 2010, mostly on various topics of crime, to know what I had learned in the intervening years since my initial victim impact statement. Read Part I In the Beginning…..for a synopsis of my experience.

I will list just some of the important differences  in the timing and circumstances that served to shape this second experience of victim impact statement delivery:

  • During the first reading, I truly felt that I was a crime victim whereas I was definitely a survivor of crime during the second opportunity.
  • I had the benefit of many years of experience with other families and the fine legal and advocacy counsel of Michelle S. Cruz
  • I had the benefit of time, which shapes a different perspective, different priorities
  • The impact statement was delivered in a different setting to a team of people as parole hearing officers versus a judge
  • We were able to “have my Father present visually” with custom made photos on easels contributed much to  present the murder victim as a true human being.
  • Several additional family members were present in the tiny room to provide their own statements and support
  • There was the presence of TV monitors with the perpetrator participating from prison and his father in another location with several of us crammed into a tiny hearing room. We looked for any sign of recognition or remorse … There was none.
  • I was so very proud of my mother, in particular,  who had  sacrificed so much and tearfully  delivered her statement with strength and courage
  • The fact that the perpetrator should never have been eligible for parole with additional evidence of serious violence while incarcerated  coming to light, served to motivate us to do our very best to eliminate the possibility of freedom
  • We were able to do a podcast preparing for a victim impact statement – both before and after the fact regarding the outcome  which  provided tremendous validation that we were on top of our game regarding victim’s rights versus those in charge
  • There were innumerable failures to inquire, educate and assist by the assigned parole victim advocate, and a near cancellation due to lack of the required parole officials, served to fuel the fire for justice
  • The fact that we were not initially afforded anonymity, nor our rights as  crime
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    Attorney Michelle S. Cruz

    victims. It was only with herculean effort and skill by Atty. Michelle S. Cruz that we accomplished that and more!

  • Ironically, our hearing was scheduled during National Crime Victim’s Rights Week (Pre-determined by God, no doubt)

It’s all about Style Content and Delivery, Man! 

My Second Victim Impact Statement was longer, bolder, expansive in content,  well written and truly painted a complete picture. For example, I asked for all the time I needed, I skillfully prepared packets of information about my father and a sampling of blogs I had written. I posed questions to the hearing officers, challenging them, but respectfully asking for answers (I received no answers, no communications directly or indirectly from anyone affiliated with the Parole Board. 

The main focus of my statement was to literally provide powerful images I had never forgotten all of these years. Rather than list the usual life milestones my father missed, I detailed accomplishments of which he would be most proud.  I painted an accurate portrait of the pathetic, unremorseful, indifferent career criminal before us, who didn’t know us from Adam and whose attorneys had not bothered to sufficiently prepare.  I recommended what I thought would be a just outcome.

Finally, I ended with, “There are only two ways to look at the future, with fear or hope. I chose hope for all survivors of crime. I refuse to be a victim, but am proud to be as survivor.”

To read the complete version of my Parole Board Victim Impact statement CLICK HERE My detailed report of that day and what transpired is included in this former blog post: Justice and Accountability.

VIGraphic.001

Donna Gore created a service program for crime victims and offers her assistance in creating a cohesive victim impact statement tailored to the individuals and their cases. If you need her assistance, or would like to consult with her, she can be reached at ladyjusticedonna@gmail.com

*Donna only accepts cases from families of homicide victims, as that is her area of expertise. She does not work in the field of intimate partner violence and cases concerning divorce or custody issues. 

 

A Vicious Crime Blossoms into Victim Advocacy: The Story of Actress Theresa Saldana 

Theresa Saldana

Theresa Saldana

I had the luxury of a little extra time over the weekend and happened upon the “notable deaths” of the year. I perused person after person according to  the calendar date for 2016. Some people were unfamiliar. It made me sad, but in a strange kind of way, I was intrigued when I came to Theresa Saldana. We are very similar in age, and yet she was taken so quickly after surviving a horrible crime!

Theresa was best known to audiences as a New York Actress performing opposite Joe Pesci in the Movie “Raging Bull” and her long-standing TV role as the wife on “The Commish.”

Had Theresa not experienced a shoulder injury, she might have been a Broadway dancer. Rather, she began acting classes at 12. A talent scout sought her out   while performing in an Off Broadway musical called The New York City Street Show in 1977.Following that, she was cast in the 1978 film Nunzio. In 1980, she starred in the movie Defiance about a suspended young seaman (Jan-Michael Vincent) who takes up temporary housing in a neighborhood overrun by a gang while waiting for his next orders to ship out. She played a nice girl in this “revenge thriller movie” as contrasted to the sister-in-law of boxer Jack LaMotta (Robert De Niro).

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Theresa Saldana and Joe Pesci in a scene from “Raging Bull,” from 1980. Credit United Artists, via Photofest (NY Times)

Reportedly, these two movies served to form an obsession in the warped mind of stalker and would be murderer, Arthur Jackson. He stalked Ms. Saldana for 18 months unbeknownst to her. He was described as  a drifter from Scotland who, it is rumored saved up his welfare money to come to the U.S. Jackson supposedly entered the United States illegally and tracked her down with the help of a private detective! (How did a drifter afford to hire a PI? I guess sob stories work wonders for criminals!)

In his diary, Jackson’s delusional writing said he intended to win Ms. Saldana by “sending her that he regretted using a knife on her because “a gun would have given me a better chance of reunion with you in heaven.”

With shades of the Kitty Genovese murder looming, I was horrified to learn that just one person, a passing delivery man heard he screams after she was stabbed 10 times outside her West Hollywood apartment on March 15, 1982.  It was described as such in the Inquisitor – (Had it not been for)”deliveryman Jeff Fenn, she may well have died from her injuries. As it was, her situation was precarious; Jackson had stabbed Theresa Saldana so ferociously that the blade bent. By the time Fenn wrestled the knife away from Jackson and Theresa Saldana had gotten to the hospital, thanks to some paramedics who quickly arrived on scene, a great deal of the blood had drained from her body and her heart had stopped.”

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She spent the next three and a half months hospitalized,  recovering from her near fatal wounds.

In her victim impact statement of 1984, she related to the judge: “I will never forget the searing, ghastly pain, the grotesque and devastating experience of this person nearly butchering me to death, or the bone-chilling sight of my own blood splattered everywhere.

The perpetrator served 15 years in prion in the U.S. and then was extradited to Great Britain for trial involving a 1966 robbery and homicide.  (Just unbelievable that he was not captured for these crimes sooner!) According to the New York Times article, he was sent to a psychiatric hospital, where he died in 2004.

After her recovery, Theresa  founded the Victims for Victims organization that fought for anti-stalking laws then played herself in the 1984 TV movie “Victims for Victims: The Teresa Saldana Story.”

How disconcerting it must have been to play yourself in this movie… Perhaps it was part of her healing process. I so respect her for trying to use her craft to educate others.  The movie was not widely reviewed – http://www.imdb.com/title/tt0088349/

She continued her acting career appearing in several dramatic and comedies into the 1990s. Theresa retired from acting 12 years ago but was a tireless victims’ advocate up until her death on June 6, 2016 at age 61. She was well aware of the importance of advocacy for victims of crime.

Sources reported that she was influential in the passage of two pieces of legislation -two pieces of legislation — 1990’s anti-stalking law and 1994’s Driver’s Privacy Protection Act- part of the Title XXX Violent Crime Control and Law Enforcement Act – a federal statute governing the privacy and disclosure of personal information gathered by state Departments of Motor Vehicles.

 Sad, Angry, Interesting PostScript:

The cause of Theresa Saldana’s death was revealed as pneumonia. I am speculating that all of her chest wounds left irreparable damage and that she may have been very prone to infections after her attack. Yet another impact of a crazed killer – compromising a person’s immune system such that they can’t fight infection… but she fought in other important ways.

Finally, one source I read reported that this violent scenario inspired a copy cat  killer and was used as a “blueprint “ to  stalk and murder  My Sister Sam  sitcom star Rebecca Schaeffer in 1989.

 

 

References – https://en.wikipedia.org/wiki/Theresa_Saldana

http://www.nytimes.com/2016/06/09/arts/television/theresa-saldana-actress-and-attack-survivor-dies-at-61.html?_r=0

http://www.npr.org/sections/thetwo-way/2016/06/08/481234857/actress-victims-advocate-theresa-saldana-dead-at-61

http://variety.com/2016/film/news/theresa-saldana-dead-dies-raging-bull-the-commish-1201790703/

http://www.inquisitr.com/3179645/theresa-saldana-best-known-for-the-commish-victims-advocacy-dies-at-61/

At Face Value – A Victim Impact Statement with Heart and Soul

 

(THE CANADIAN PRESS / Russell Jackson)

(THE CANADIAN PRESS / Russell Jackson)

Victim impact statements are heart wrenching no matter what the circumstances. Homicide victims are left to pick up the pieces in much the same manner as any other loss caused by violence and irresponsibility.

Consider a family who has suffered the loss of a beloved family member by the hands of a drunk driver.

Is this a lesser loss when measured against homicide? In general, it is just as devastating with changes in circumstances.  However, until I have walked in their path, I cannot say that my loss is more impactful.  I can say that doing a routine activity like driving a car with equipment weighing a couple of tons needs to be respected at all times.  Some people respect it. Most people take this privilege for granted. Others abuse it terribly resulting in a vastly reduced quality of life (i.e. traumatic brain injury, para or quadriplegia) or death.

When reviewing victim impact statements in DUI cases, I decided to “put the impact to the test.” I purposefully did not read any information about this male whose life was recklessly taken. I wanted to see at face value, if I were to put myself in the judge’s role, how I might feel, and ultimately pass sentence, not as a matter of law, but as a matter of heart.

Within my customized victim impact statement assistance service I stress the importance of painting a complete picture of the victim, as the perpetrator is already well-known.  Typical “fill in the blank” versions often omit information that could be most vital to the family.

Victim Impact Statement for “Nathan M” killed June 5, 2007.

This victim impact statement was authored by his (brother.) At face value, without reviewing any other internet information, I see:

  • Three detailed pages of well written narrative
  • A brother who was extremely close to the victim
  • A person who evaluate person who life from many perspectives
  • A compassionate person who grieves not only for himself, but all family members
  • A person who repeats his words regarding the reckless disregard of the perpetrator
  • A young man who is not afraid to express his vulnerability
  • A writer who pleads for the maximum sentence possible allowed by law (Virginia law – 20 years for involuntary manslaughter)
  • A brother who painfully descries taking on all of the responsibilities associated with the aftermath of death
  • A man who sees the irony in his brother’s life long aspiration to help others by becoming a police officer

Unique Aspects of this Victim Impact Statement

Drawing the listener in, his brother discusses his fear of not returning to the scene of the crime

I live two-and-a-half miles from where Nathan died, and have not traveled that way on Interstate 395 North since he was killed. In the past, I drove that way countless times, but I likely never will drive that route again for the rest of my life.”

With time and courage this may have changed. Would Nathan have wanted such a restriction?

I find it very interesting that the writer talks about mourning the loss his own identity and the resulting shift in the family structure.

I also mourn the loss of my own identity. I now assume the role of the youngest in the family. I don’t want this role. I have been the middle child, and this shift in family structure is unfamiliar and unfair…..I started a new job less than two weeks after Nathan died. I know my friends can tell that I have changed as a person. …. I struggle each day to focus on my work my and to remain motivated to learn how to be the best at my job. I often decline lunch invitations from co-workers and eat lunch at my desk because I don’t feel up to being social with them. These people will never know the happier person I once was. I never will be whole again. I do not deserve to have my identity taken away by a thoughtless, negligent man who placed more importance on going out drinking with friends than on Nathan’s life and the lives of other people he could have killed.”

Changing of the family structure alters how we go forward in life. We are forced to take on roles, do things we had not planned. Essentially we have to take on a new uncomfortable identity. How insightful that this sibling was able to express this as a significant adjustment.

As if divinely inspired, victim of manslaughter, Nathan Marti completed an “autobiographical project” in school including a last will and testament.

If I were to go, I would die happy knowing that I had tried my best to be who I am. ….My parents raised me to be a loving and caring person. ….If this was my Last Will and Testament, I would leave all of my earthly belongings to my family and close-knit group of friends…. It’s a scary thought. I hope that when I go, my family and friends are happy and at peace with my death, knowing that we will all be together again some day.”

If possible, the advantage of having several family members present, gives the opportunity to provide am individual picture of the victim so that the court might perceive the victim from many perspectives

What’s Missing “at Face Value?”

This victim impact statement was powerful. It portrayed a family in grief, a family devastated by change forced upon them. It was filled with emotion and articulate thought.  It was organized. It was reasonable in requests to the judge. The narrative offered insights not often discussed and made reference to much thought and many drafts in the making.

However, as I read this statement objectively, I wondered, what were the victim’s accomplishments prior to his death at age 25, in comparison to the perpetrator? What were his talents that would not be fulfilled in addition to his job goal? Although his job as a uniformed Diplomatic Security Officer at the Department of State, was stated, I wondered, what were his duties? How did he acquire such a job?  Was he in a committed relationship? What had been done to create a legacy i.e. events, memorials, scholarships?

As this was an academic exercise only, I would never presume to actually grade a person’s emotions. That would be totally weird and unfair. Rather, if we look at content and effectiveness alone, I would assign a B+ or A minus to this victim impact statement.

Following delivery and posting of this victim impact statement on Nathan’s Memorial website for all to benefit, which is so laudable, Lindsay had this to say about the experience. Comments that ring in my ears.

August 7, 2008

“I will never know whether my statement had any influence over the judge when she sentenced Chan to 20 years in prison with 5 years suspended, but that is of little importance to me. What’s important is that my victim impact statement provided me with some sort of relief at a time of such darkness in my life.” 

Lindsay’s Victim Impact Statement in it’s entirety: http://www.scribd.com/doc/14568236/Victim-impact-statement

To learn more about Nathan Marti and the Nathan Marti Scholarship Fund, fundraisers, etc. go to: http://nathanmarti.blogspot.com/

Rest in Peace, Nathan!

—–

References: http://www.scribd.com/doc/14568236/Victim-impact-statement

https://www.scribd.com/LindsayMarti

http://nathanmarti.blogspot.com/