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Judge Gets Tough On Domestic Violence

by Sally E. Bahner | Jul 27, 2010 3:16 pm

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Posted to: Legal Writes

Mary Johnson Graphic Rory Joseph was a classic abuser. The former Branford resident was convicted of violently attacking his girlfriend, the mother of his child in June 2008, but got off with probation, even after contacting her repeatedly while in custody in violation of a protective order. That order barred him from harassing, stalking or threatening her. 

But it didn’t stop him.

Joseph then hired another man to “cripple” her in order to prevent her from testifying against him in Superior Court. Joseph provided him with her address, model of her car and schedule. When that plan fell through, he tried to buy a gun from the man for $150 and do the job himself. That plan also went awry, and Joseph was arrested. He has been in custody since April 2009.

In December 2009 he pleaded guilty. On June 24 he was sentenced to 10 years in federal prison. By federal law, individuals subject to restraining orders are prohibited from possessing a firearm or ammunition.

Joseph’s former girlfriend was lucky. Although she has suffered extreme psychological harm, according to court documents, she survived, unlike the 12 women killed this year, all victims of domestic violence.

Domestic violence, and violence against women in general, knows no age, economic or cultural boundaries. Cases have ranged from two Madison middle school boys arrested for the rape of a girl to an 80-year-old West Haven man who attacked his wife with a hammer, to the homicide of a Madison woman, to cases concerning celebrities such as Charlie Sheen and Chris Brown, and, most recently, Mel Gibson.

The Rory Joseph case preceded this year’s spate of domestic violence cases. The June 24 sentencing by U.S. District Judge Janet C. Hall in Bridgeport was the maximum allowed. The sentence reflects the growing intolerance for such crimes and the need to protect the victim and the public, Hall said in court. Joseph’s prison sentence will be followed by three years of supervised release.

Because Joseph had not previously been convicted of a crime prior to his domestic violence charges, he originally had been looking at federal sentence in the range of 21 to 27 months, which is recommended by federal guidelines. Judges are allowed to deviate from the guidelines depending upon the nature of the crime.

His decade-long sentence reflects a tougher stand being taken against domestic violence at both the federal and state levels.

Assistant United States Attorney Christopher M. Mattei asked the judge to impose a sentence above the guideline range, arguing that Joseph’s repeated attempts to attack the victim had caused her extreme psychological harm, and that a lengthy term of imprisonment was necessary to protect the victim and to deter the defendant, and others, from committing a similar offense.

In sentencing Joseph to a 10-year term of imprisonment, Judge Hall noted that the defendant’s repeated attempts to harm the mother of his child, even while in federal custody, showed that a long sentence was necessary.

“This strict sentence is an appropriate one for this defendant, and one that hopefully will serve as a deterrent to others who seek to harm domestic partners,” said U.S. Attorney David B. Fein, the United States Attorney for the District of Connecticut.

In response to the increase in domestic violence, the Connecticut legislature has taken action as well. It adopted three new bills, which were subsequently signed into law by Gov. M. Jodi Rell. The bills went into effect July 1, although some provisions will not take effect until Oct. 1.

Although Branford has not experienced any recent deaths due to domestic violence, the town is not untouched. In addition to the violence associated with Joseph case, Bonnie Jean McKay of Chester was stabbed to death in February by her husband, John Belanger. The funeral service for McKay, a former Branford resident, took place at Trinity Church on the Green.

In addition, a Hopkins Court man was arrested in March after a violent outburst at home; he fled the scene then fought with a police officer before being taken in custody.
“I think the thing to remember [is] that most people want to keep family matters private and are more likely not to call police when having family problems,” says Branford Police Capt. Kevin Halloran.

According to Halloran, over a two-year period ending April 1, 2010, domestic violence disputes decreased In Branford from 558 cases to 515. However, there was an increase in arrests for family violence cases during the same time, from 210 to 230. In addition the number of orders (restraining and protective) rose from 316 to 395.

As evidenced in several of recent murder cases, protective orders or restraining orders did little to help the victims.

The intent of a restraining order is to prevent an abuser from having contact with a victim. They are either temporary or permanent and obtained through civil court; penalties for violation are civil rather than criminal.

Protective orders in a family violence situation are criminal and are issued after the accused has been arrested for committing a family violence crime. Legislation passed this year (HB 5497) gives judges greater authority over these orders and for longer periods of time. First, it changes the name of the orders to “standing criminal protective orders.”

It also requires them to stay in effect for a court-specified duration and eliminates the reference to modification or revocation. By law, protective orders end when the criminal case ends. However, courts can issue a “standing criminal restraining order,” in addition to any sentencing against individuals convicted of certain family violence crimes. These remain in effect until revoked or modified by the court.

Statewide, 25,901 family violence cases were heard in Superior Court during 2006-07, rising to 29,381 in 2008-09. Nationwide, almost one-third of female homicide victims that are reported in police records are killed by an intimate partner, according to the FBI, and an estimated 1.3 million are victims of physical assault by an intimate partner annually.

One of the new bills may have saved some of the women who were killed this year. HB 5497, the most detailed of the three bills, strengthened various provisions of an existing bill, but establishes a pilot program with a federal grant that uses GPS tracking devices on high-risk offenders. Legislators wanted to make sure that funds will be available after the grant runs out March 2011. HB 5497 also requires employers to allow victims of family violence to take leaves of absence in order to obtain help. The bill protects employees involved in domestic violence from being penalized by their employers and provides for education programs for those charged with family violence.

HB 5246 creates a surcharge on marriage and death registrations that will support shelter services. The bill also allows victims of domestic violence to break leases without liability if they need to escape a relationship. It also provides for public service announcements aimed at prevent teen dating violence and family violence.

The economic recession has also taken its toll on shoreline residents. Pat Andriole of the Branford Counseling Center, said families in financial stress are prone to anxiety, depression, and increased alcohol and drug use, which can lead to marital problems and domestic violence.

“When people are frightened, they don’t act the way they usually would,” she said.

Liza Janssen Petra, executive director of the Women & Family Life Center in Guilford, echoes Andriole’s thoughts.

“Stress is out through the roof,” she says. “And anxiety leads to unhealthy behaviors. People are more on edge, so there’s quicker escalation to violence.”

Petra says that domestic violence is not new to the shoreline. All demographic and social levels are involved although people with higher income levels are more isolated, she says.

Petra is a member of the Domestic Violence Task Force created in the past year, which is a collaboration among social service providers and representatives from the school systems and police department in Guilford and Madison. Petra hopes to include representatives from Branford. The task force’s goals are to evaluate existing services, ensure that services to domestic violence victims are in place, and to identify any additional needs.

Domestic violence is about power and control. The machinery appears to be in place to protect victims of domestic violence. Next year’s state budget provides $1.75 million to keep 18 domestic violence shelters open 24 hours a day, seven days a week. Ultimately it will take a greater effort between social service and law enforcement agencies to keep battered women safe.

For more information, call the Branford Counseling Center at 203-481-4248, the Branford Police Department at 203-481-4241, or the Domestic Violence 24-hour hotline at 203-789-8104.

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posted by: pat on July 27, 2010  6:09pm

A society that can’t keep women and children safe is a failure.

The daily toll of women and children abused and/or murdered by the man in the house will continue until there is a real commitment of money and resources, as well as a change in our collective attitudes towards these predators.

These bullies are free to abuse again after doing their time. And many do.

We should all be enraged that these criminals can simply move on and find new victims.

posted by: JBV on August 2, 2010  12:49pm

This is going to seem a little weird, but I think it is appropriate.

This story is exactly why you want to be careful whom we vote into office.

In two races this year you have people with past associations to violence in general as well as violence towards women. Tom Foley and Linda McMahon. The first step in curbing these horrible crimes is putting people in decision making positions who understand the problems and have not contributed to them.

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