In the End: My Second Victim Impact Statement

Posted on January 11, 2017 by Administrator | Leave a comment

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

LadyJustice prevails!

April 24^th, 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
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.

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

Posted on December 21, 2016 by Administrator | Leave a comment

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).

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.”

1330581110790378562

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

Posted on September 9, 2015 by Administrator | 4 Comments

(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/

Victim Impact Statements: Texas Style

Posted on May 7, 2015 by Administrator | Leave a comment

Of all the 50 States, we know by reputation that Texas doesn’t mess around, in particular when it comes to executions. They rank #1 with 522 state executions since 1982, and six thus far in 2015. Compared to other states, Texas takes a hard line.

When their victim impact statement packet is examined from a formatting standpoint, it appears to me, a homicide survivor, to be thorough.

Texas is an “opt in” state for crime victims in choosing to receive “cafeteria style” services from a list versus granting all services automatically and asking a family to “opt out” of those services they are not interested in.

A useful feature of their packet highlights how under which circumstances a victim impact statement is used.

PROSECUTOR: Considers VIS before entering a plea agreement; Considers VIS before to determine restitution (if requested)
JUDGE: Considers VIS before imposing sentence by judge (No jury hers it.) Considers VIS before accepting a plea deal;
DEFENSE: (EXCLUDING Confidential Info Sheet. Includes notification preferences and personal demographic info.) The Defense “may see” VIS with the court’s approval and may introduce evidence or testimony regarding content accuracy;
PROBATION DEPARTMENT: “Has access” to VIS;
TEXAS DEPARTMENT OF CRIMINAL JUSTICE: As part of the process, if the defendant is sentenced to prison, the VIS is forwarded to the TDCJ;
BOARD OF PARDONS & PAROLE: The BP&P will “consider the VIS” prior to rendering a decision whether to release the prisoner to parole supervision or to retain.

If we examine the language, some parties “consider,” others “may see” while still others only “forward.” It would appear that not everyone in the system has equal weight, as it should be, with the judge as the final authority.

Next, the packet includes “dry” statutory definitions and a list of general victim rights followed by rights concerning victims of sexual assault.

Code of Criminal Procedure, Chapter 56 Texas Constitution, Article I Section 30

Receive adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;
have their safety considered by the magistrate when setting bail;
receive information, on request, of relevant court proceedings, including appellate proceedings, of cancellations and rescheduling prior to the event, and appellate court decisions after the decisions are entered but before they are made public;
be informed, when requested, by a peace officer about the defendant’s right to bail and criminal investigation procedures, and from the prosecutor’s office about general procedures in the criminal justice system, including plea agreements, restitution, appeals and parole;
provide pertinent information concerning the impact of the crime to the probation department prior to sentencing;
information about the Texas Crime Victims’ Compensation Fund and payment for a medical examination for a victim of sexual assault, and, on request, referral to social service agencies that provide additional assistance;
information, on request, about parole procedures; notification of parole proceedings and of the inmate’s release; and the opportunity to participate in the parole process by submitting written information to the Board of Pardons and Paroles for inclusion in the defendant’s file for consideration by the Board prior to parole;
a separate or secure waiting area at all public court proceedings;
prompt return of any property that is no longer needed as evidence;
have the prosecutor notify, upon request, an employer that the need for the victim’s testimony may involve the victim’s absence from work;
on request, counseling and testing regarding AIDS and HIV infection and testing for victims of sexual assault
request victim-offender mediation coordinated by the Victim Services Division of the Texas Department of Criminal Justice;
be informed of the use and purpose of a victim impact statement, to complete a victim impact statement and to have the statement considered before sentencing and acceptance of a plea bargain and before an inmate is released on parole.

A victim, guardian of a victim, or close relative of a deceased victim may be present at all public court proceedings, with the consent of the presiding judge;

A judge, attorney for the state, peace officer, or law enforcement agency is not liable for a failure or inability to provide a service enumerated herein.

Victims should also know that they can have a victim advocate accompany them during the sexual assault exam if an advocate is available at the time of the examination.

Please call your crime victim services contacts in law enforcement and the prosecutor’s office for more information about victim services in your community.

Contents of the Confidential Information Sheet

Basic identifying info regarding the defendant;
Instructions and brief checklist regarding the effect that the crime had on the victim and family;
Victim’s Name; 19 item Checklist with emotionally related feelings (i.e. Changes in sleep pattern, anger, depression, fear of strangers etc.)
Question – if counseling has been sought, with the opportunity to write a narrative about the family member’s “thoughts, feelings and general well-being”.
Narrative Section for Physical Injuries suffered due to the crime, asking the extent of injuries, longevity and location of treatment received;
Financial Loss Section- Requests the type of losses incurred with a brief checklist including inquiry re victim compensation and the recommendation of keeping a log
Final signature and Date

What’s Missing?

There is no mention, nor can I find legislative effort for Texas families to provide photos of their loved one during these vitally important events. This may exist if requeste, I just could not locate any evidence in my search that it is part of the procedure.

MISSING- Any recommendation to “paint the picture” using a description of who the deceased victim was as a person, as a member of the family, his/her previous contributions, talents, hopes, dreams, missed opportunities! No mention is made to provide a videotaped statement by significant family members who cannot physically attend or who may be elderly, frail and pass on in the future and want to have their wishes documented.

It’s like baking a cake and omitting the flour!

Finding the Missing Piece

puzzle-654961_640 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.

Creating the appropriate victim impact statement can be a daunting task for families during one of the most traumatic times in their lives. After the initial loss, the journey through the judicial system can be equally frustrating, time-consuming and emotionally draining, re-traumatizing and bringing grief back to the surface. To best utilize the victims’ right to present a victim impact statement at trial, you must be clear-headed and as objective as possible, which for the crime victim is next to impossible.

I provide a professional Victim Impact Statement Assistance Service for surviving victims that may be too emotionally distraught, or may not have the ability to correctly express their feelings.

If you are in the above situation, please go to Victim Impact Statement Assistance Service for more information and my credentials.

References:

http://www.tdcj.state.tx.us/publications/pubs_victim_impact_statement.html

https://www.texasattorneygeneral.gov/victims/victim_rights.shtml