![](media/image1.png){width="6.897916666666666in"
height="1.1291666666666667in"}

> June 20, 2002, Vol. 8, Issue 9

# 

# Supreme Court upholds gun ban

# 

# Last week, the U.S. Supreme Court rejected an appeal of a ruling by the Fifth Circuit Court of Appeals in *Emerson v. United States.* In that ruling, the Fifth Circuit Court had found that a federal law prohibiting subjects of orders of protection -- such as batterers -- from possessing guns was constitutional and did not violate their rights under the Second Amendment, which gives Americans the right to bear arms. The Supreme Court's refusal to hear the case upholds the Fifth Circuit Court's ruling, meaning that the domestic violence protective order gun ban stands \[18 U.S.C. § 922(g)(8)\].

"By upholding the decision of the Fifth Circuit Court of Appeals, the
Supreme Court has maintained a tool that helps protect battered women
around this country," said Family Violence Prevention Fund President
Esta Soler. "Guns and domestic violence are a lethal combination,
killing and injuring women every day. To protect victims of domestic
violence, laws designed to keep guns out of the hands of batterers must
be upheld and enforced."

***Emerson* Case**

In October of 2001, the Fifth Circuit Court of Appeals ruled that
Timothy Joe Emerson was not allowed to carry a gun under federal law
because he was subject to an order of protection (see *Speaking Up, Vol.
7, Issue 20*). That decision upheld the validity of the domestic
violence protective order gun ban, a federal statute designed to keep
firearms away from those who have been restrained by court order from
threatening or harming others. It also overturned the decision of a
lower court,

which had ruled Emerson had a Second Amendment right to own a gun
regardless of the order of protection against him.

Emerson was indicted in 1999 under the domestic violence protective
order gun ban for brandishing a firearm in front of his estranged wife,
Sacha Emerson, and young daughter while he was subject to a protective
order. Sacha Emerson had filed for divorce from her husband in 1998, and
had also obtained a court order restraining Timothy Joe from harming or
threatening to harm her or their four-year old daughter.

Under the protective order gun ban, passed by Congress as a part of the
Violence Against Women Act of 1994, people who are subjects of orders of
protection are not allowed to purchase or carry guns. But Timothy Joe
Emerson had disregarded this law, twice threatening to kill his wife and
once threatening her and their daughter with a gun while he was subject
to an order of protection. Because of these incidents, Emerson was
indicted for violating the protective order gun ban.

## Second Amendment

The Fifth Circuit Court of Appeals' decision in the *Emerson* case
upheld the validity of the domestic violence protective order gun ban,
but remained ambiguous about whether the Second Amendment guarantees an
individual's right to bear arms. The Court's decision says, the "Second
Amendment does protect individual rights," but adds, "that does not mean
that those rights may never be made subject to any limited, narrowly
tailored specific expectations" -- in this case, the domestic violence
protective order gun ban.

By refusing to hear the case, the Supreme Court upholds the Fifth
Circuit Court's ruling that the domestic violence protective order gun
ban does not violate the Second Amendment. However, Advocates are
concerned about the Bush Administration's new stance regarding how to
interpret the Second Amendment. Last month, in what the *New York Times*
calls an "ominous reversal on gun rights," the Justice Department argued
that the Second Amendment "broadly protects the rights of individuals
...to possess and bear their own firearms." This language is much more
pro-gun than the position held by previous administrations. The Justice
Department statement did also say that the constitutional right to bear
arms is subject to "reasonable restrictions" designed to prevent
"criminal misuse" and keep guns out of the hands of "unfit persons."

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

# 

# enough

# 

# Last month, the Columbia Pictures' movie *Enough*, starring Jennifer Lopez, opened in movie theaters around the country. Since its release, the movie has received mixed reviews from critics and battered women's advocates for its portrayal of domestic violence. Lopez plays Slim, a woman who goes on the run with her young daughter to escape her abusive husband, Mitch, played by the actor Billy Campbell. When it becomes clear that Slim and her daughter cannot run from Mitch, Slim confronts Mitch in the movie's finale and exacts her "revenge" through violence.

*Speaking Up* reader Chiquita Rollins attended a screening of *Enough*
and shared her thoughts with *Speaking Up*. "My summary is that it's not
so terrible that we need to picket it, and it's not good enough to
recommend that people see it," wrote Rollins in an email. "The
characters and characterization of domestic violence are ultimately
shallow, lacking in subtlety or depth."

The film's main message, according to Rollins, is that victims of
domestic violence have to solve their problems on their own. "Victim
advocacy programs and shelters are dismissed at two different points in
the film," writes Rollins. "The idea that the community does/should have
a role in protecting victims is missing from the movie."

But, Rollins notes, there are aspects of the movie's portrayal of
domestic violence that are positive: "It gives a clear message that
domestic violence is not acceptable; that the victim is not to blame;
and that the perpetrator is the one responsible." And Rollins describes
parts of the movie as realistic. "The audience gets a good view of the
tactics perpetrators use, not just to physically abuse but to terrorize,
threaten and use subtle and not so subtle manipulation to get the victim
to do what he wants. It also shows how cool and calculating an abuser
can be. The perpetrator is obsessed but he is also rich, white and
doesn't use drugs."

Rollins adds that the movie offers a few good messages to victims of
domestic violence and young women. *Enough* illustrates that:

-   Abuse, manipulation and control tactics are not okay, and that
    obsession does not equal love.

-   A good safety plan is important.

-   Victims of domestic violence should talk to their friends and seek
    help.

*We want to hear from you! If you have seen* Enough *and would like to
share your opinions with* Speaking Up *readers, please contact* Speaking
Up *editor Mariama Diao via email: speakingup@prsolutionsdc.com, via
fax: 202/371-9142, or via phone: 202/371-1999. Thank you!*

*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\**

# 

# domestic violence and the legal system

"Society pays a high price in crime, economic loss, and social upheaval
for tolerating domestic violence, but the steepest price is to the
victims and their families," writes attorney Barry Goldstein in his
recent book. *Scared to Leave, Afraid to Stay: Pathways from Family
Violence to Safety* recounts the stories of Goldstein's clients, who are
survivors of domestic violence, and their sometimes difficult journey
navigating the legal system.

The book, told from Goldstein's point of view, offers insight into the
experiences of battered women in the courts. Goldstein has practiced law
in New York since 1978 and has been actively involved in domestic
violence prevention efforts working with My Sisters' Place for 18 years.
He also has worked with the Community Change Project of the Volunteer
Counseling Service in Rockland County, New York, as an instructor
teaching domestic violence prevention classes for men.

## Battered Women and the Justice System

*Pathways* tells the stories of ten of Goldstein's clients who were
victims of domestic violence. Through their personal stories, Goldstein
sheds light on the legal process and how the courts handle cases
involving domestic violence, sexual assault, marital rape and child
abuse. The book recounts the women's experiences as they go through the
courts, following the legal process from start to finish. It looks at
divorce proceedings, custody hearings and criminal trials.

One chapter tells the story of Karen, a battered woman who flees the
state and goes into hiding to escape her abusive husband. While Karen
gains her safety, she is forced to leave her daughter in her husband's
custody.

Another chapter focuses on Tammy, a woman who was sexually abused by her
brother as a young girl and then later by her husband. Tammy goes
through a vicious divorce and, although the court battle has a positive
outcome, Tammy is left with high legal bills.

*Pathways*' stories also highlight the people involved in domestic
violence cases: battered women's advocates, law enforcement officials,
lawyers and particularly judges. Goldstein and his clients frequently
encountered judges who did not understand the dynamics of abuse and were
insensitive to the needs of victims. "Most judges pride themselves on
treating all parties fairly...but judges should remember the difference
between *fairly* and *equally*. Surprisingly, this distinction is often
lost in domestic violence cases," writes Goldstein.

One of his clients, a woman named Gloria who was abused by her husband
and was seeking custody of their son, was yelled at by a judge in court.
Gloria "believed that Judge Washington had mistreated her throughout the
many proceedings and wanted him off the case...Gloria was also afraid of
Judge Washington because he had yelled at her in addition to making
unfair decisions. The judge was notorious for his courtroom
outburts...but it was especially harmful that he verbally abused victims
of domestic violence who came to Family Court for protection," recounts
Goldstein.

**Recommendations for the Justice System**

Part II of *Pathways* includes Goldstein's observations and
recommendations on how the legal system can improve its response to
domestic violence and better serve battered women and their children.
"None of the stories in this book described murder or life-threatening
physical injuries, and yet the consequences of the men's abuse and the
court's failure to respond appropriately are devastating for the women,
their families, future generations, and the people who will come in
contact with them," writes Goldstein

Education is the key to improving the court's response to domestic
violence, says Goldstein. *Pathways* stresses the need for domestic
violence training and includes recommendations for the people involved
in domestic violence cases, including lawyers, child protective service
workers, mental health professionals and judges. Training is
particularly important for judges. "Most of the judges described in this
book have damaged lives and failed to protect innocent women and
children. Many of my clients remain haunted by their abuse at the hands
of judges, in some cases more so than by the physical abuse they
suffered," writes Goldstein.

"Despite too many sickening stories," Goldstein continues, "I believe
judges in general are getting better at handling domestic violence
cases. When I started practicing 20 years ago, only one or two of the
six Family Court judges in Westchester were women. Recently, only one
was a man....the increase in women on the Family Court bench suggests
that the judges are being selected based upon experience and interest in
family law issues instead of a generalized desire to be a judge. Judges
are now required to receive training in domestic violence issues. I
would like to see more education about these vital topics, particularly
sessions run by organizations fighting domestic violence. Such groups
should not be viewed as partisan, but as a resource for the courts."

*Information about* Scared to Leave, Afraid to Stay: Pathways from
Family Violence to Safety *is available by calling 914/968-0922 or
emailing barryg78@aol.com.*

**\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\***

# in the news...

**NATIONAL --** *American Roulette: The Untold Story of Murder-Suicide
in the United States*, a study recently released by the Violence Policy
Center, examines the murder-suicides that occurred in this country
during the first six months of 2001. At least 662 people died in
murder-suicides during this time period, and 73.7 percent of the
incidents in the study involved an intimate partner. Of this percentage,
93.5 percent were women killed by their intimate partners. The study
also finds that nearly all (94.5 percent) of murder-suicides involved
firearms. The study is available through the Violence Policy Center's
web site, www.vpc.org.

**NATIONAL --** An article in the latest issue of *ISR Update*, a
journal published by the University of Michigan Institute for Social
Research, finds that both boys and girls who watch violence on
television are more likely to behave violently as young adults. Men who
were "heavy viewers" of violent TV shows when they were ages six to nine
were twice as likely as other men to "push, grab or shove their
spouses," according to the article. Watching violent TV shows also
affected women: female "heavy viewers" were twice as likely as other
young women to have thrown something at their spouses. According to the
study's author, the findings emphasize the importance of controlling
childhood exposure to media violence. The journal is available online at
www.isr.umich.edu.

**NATIONAL --** Last month on Capitol Hill, U.S. Representative Lois
Capps (D-CA) and the Family Violence Prevention Fund sponsored a
briefing on health screening for domestic violence. The briefing,
*Domestic Violence as a Health Care Issue: Responding to and Ending
Abuse*, focused on the role health care providers can play in preventing
domestic violence and helping victims of abuse by routinely screening
their patients for domestic violence. The briefing also outlined the
Domestic Violence Screening and Treatment Act, legislation introduced by
Representative Capps to provide women with screening, assessment,
treatment and referral services through federal health programs,
including Medicaid and the Maternal and Child Health Block Grant. The
briefing featured Dr. Kim Bullock, Associate Director of Emergency
Department, Providence Hospital; Elizabeth Burke, Medical Advocacy Task
Force, Pennsylvania Coalition Against Domestic Violence; and Kiersten
Stewart, Director of Public Policy, Family Violence Prevention Fund.

**AR --** The State Supreme Court ruled unanimously that Arkansas' rape
law applies to people in married relationships, reports *USA Today*. The
Court affirmed the conviction of Lloyd Jones, who was found guilty of
raping his estranged wife after breaking into her home and threatening
her with a box cutter.

**CA --** The San Francisco Police Department ranks last among the
country's biggest city police forces when it comes to solving violent
crimes, according to the *San Francisco Chronicle*. The *Chronicle*
reported last month in a three-day series that the Police Department
solved, on average, just 28 percent of the city's murders, rapes,
robberies, shootings, stabbings and other serious assaults between 1996
and 2000. Sixty-eight percent of rape cases are unsolved, reports the
paper, which found that in "about a quarter" of those cases the police
had identified a suspect but did not have enough evidence to convince
the district attorney to prosecute. The articles cite poor relationships
with prosecutors and lack of police resources as contributing to the low
rate of solved crimes.

**CA --** The State Supreme Court ruled last month that the children of
a woman murdered by her former husband at the Los Angeles courthouse
could not sue the government for not providing adequate security,
reports the *New York Times*. Lisa Zelig, a plaintiff in the case, was
six-years-old when her father shot and killed her mother during a court
hearing in 1995. But the Court ruled that the government was "generally
not obligated to protect people from crime," reports the *Times*.

**LA --** The state has launched a new, \$500,000 campaign to give
families on welfare information about the options that are available to
them, reports *USA Today*. Billboards will be used to promote the
services offered by Temporary Assistance for Needy Families grants,
including programs for domestic violence prevention, drug abuse
treatment and job placement.

**MD --** State Delegate Dana Lee Dembrow was found not guilty of
second-degree assault against his wife, Suzette Dembrow, after she
refused to testify against him during the trial. Delegate Dembrow was on
trial for assaulting his wife during an argument that left Suzette
Dembrow with two black eyes and a cut on her nose. Delegate Dembrow had
filed counter-charges against his wife, but prosecutors dropped those
charges because they believed Dembrow had filed them to "retaliate
against his wife," reports the *Washington Post*. The Dembrows are under
court order to avoid contact with each other except when discussing
their two daughters.

**NY --** John Jefferson killed his girlfriend's dog by throwing him off
the balcony of her 23^rd^ story apartment in Manhattan. Jefferson
threatened Eugenia Miller with a knife and began to throw her things,
include her dog Ribsy, off the balcony after Miller ran out of the
apartment. Jefferson has been charged with robbery, criminal possession
of a weapon and animal cruelty. Before the incident, Miller had filed a
police report against Jefferson accusing him of stealing from her,
reports the *New York Times*.

**RI --** In March, the Rhode Island Coalition Against Domestic Violence
logged 300 phone calls to its domestic violence hotline, the most calls
in a month since the hotline was founded in 1979, reports *USA Today*.
The increase in calls came after three domestic violence homicides that
occurred in a period of five weeks.

**WI --** Last month, Shalynn Green received an order of protection
against her husband, Ahman Green, a professional football player with
the Green Bay Packers. Shalynn Green accused Ahman Green of threatening
her and beating her twice while she was pregnant, reports *USA Today*.
The order requires Ahman Green to stay away from his wife's home and
their children's day care center; the judge also granted temporary
custody to Shalynn Green. In March, police cited both Shalynn and Ahman
Green on suspicion of disturbing the peace after an argument that left
Ahman Green with a cut lip, according to *USA Today*.

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

# save the date

## June 20 -- 23, New York, NY

*10^th^ National Roundtable for Women in Prison -- A Journey in Justice*

The National Network of Women in Prison and the Women's Prison
Association are sponsoring the *Roundtable* that will focus on the
factors that contribute to the incarceration of women and how to address
this growing problem. Topics include reducing the incarceration rates of
women and girls, ending the human rights violations of women and girls
in custody, supporting families of prisoners and former prisoners, and
encouraging girls and young women to become advocates in their own
communities. More information is available online at www.wpaonline.org.

## September 26 -- September 28, Atlanta, GA

2002 National Conference on Health Care and Domestic Violence --
Prevention and Response Strategies: Pushing the Envelope

The biennial *Conference*, organized by the Family Violence Prevention
Fund in collaboration with the largest medical and health associations
and agencies in the country, works to advance and improve the health
care system's response to domestic violence. *Conference* sessions
provide professional education on recent research and health care
prevention and clinical responses to domestic violence. Sessions
describe the latest physical and mental health findings related to
domestic violence, highlight innovative programs and partnerships
between health care professionals and battered women's advocates, and
emphasize domestic violence prevention and intervention strategies
relevant to diverse populations. More information is available online at
www.endabuse.org/programs/healthcare.

*Does your organization sponsor a conference that you would like to
highlight in* Speaking Up*? Please let us know about it! Send conference
information to* Speaking Up *editor Mariama Diao via email:
speakingup@prsolutionsdc.com, or via fax: 202/371-9142.*

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

# in their own words...

"On the evening of Dec. 27, 1991, a Manhattan resident named Ramon Roche
ended an argument with his common-law wife by killing her...Later that
night he would tell police that his wife had committed suicide. Two
juries have convicted Mr. Roche of second-degree murder...But last
August that conviction was also overturned, in a ruling by the Appellate
Division of State Supreme Court that I think was both wrong-headed and
dangerous...the ruling, if it is allowed to stand, is especially
dangerous in that it would make it much easier for men who kill their
wives or girlfriends to escape the harshest punishment. At issue is the
trial judge's charge to the jury...the defense lawyer asked the judge,
Renee White, to instruct the jury that if it determined that Mr. Roche
had killed Ms. Rivera, it should also consider the possibility that he
had acted under the influence of an extreme emotional disturbance...What
happened in this case is that a man and a woman had an argument, and the
man became enraged and killed the woman. Rage is not a defense against
murder. Judge White denied the defense lawyer's request. In its ruling
last August, the appellate panel ruled that Justice White was
wrong...The ruling has upset organizations that provide services and
legal help to victims of domestic violence. If men who kill their mates
can offer up as a defense the fact that they were really -- *really* --
angry, they will literally be able to get away with murder."

\--Bob Herbert, "The Stress Defense," *New York Times*, May 2, 2002.

"What happened to Chandra Levy is not about the tribulations of a white
middle-class kid from way out West...it's about violence against
women...Forget all that talk about this being a new day for
women...Don't believe for one second that the era of abusive partners
working overtime on the minds -- and bodies -- of women is
over...Violence against women made up about 50 percent of all reported
violent crimes to the D.C. police in that year. If those numbers take
your breath away, they should. Because the reported incidents are only
the tip of the iceberg. Most abuse occurs behind closed doors, where the
abused don\'t have anyone to help them\...Most of our abused friends and
neighbors suffer in silence, ashamed and scared, hanging in there out of
fear of breaking up the family or of getting their own heads broken...Oh
yes. All the organizational rigamarole to handle violence against women
is neatly in place...But those aren't the standards by which this city
should be judged. Count the victims. Count the homes that have been
violated. Count the trusted relationships broken. Count the children who
have seen the slapping and biting and kicking and cursing and who are
more likely to grow up and do the same damn thing. Count the police
officers who have said, as one

domestic crime victim reports: 'There are too many real crimes being
committed to be dealing with stuff like this.' Now face the truth about
violence against women in our city: It's bigger than Chandra Levy."

\--Colbert I. King, "Chandra Levy: The Bigger Story," *Washington Post*,
May 25, 2002

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

# let us hear from you!

*Speaking Up* is designed to assist the grassroots activists who are
working to prevent and reduce domestic violence, and to serve as an
information source for other experts. Contact *Speaking Up* editor
Mariama Diao with story ideas or information via email:
speakingup@prsolutionsdc.com, via phone: 202/371-1999 or via fax:
202/371-9142.

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

# do you have email?

Distributing *Speaking Up* by email saves time and money, and allows the
newsletter to

reach more people. If you are not already

receiving *Speaking Up* by email and have an email address, please
contact *Speaking Up* editor Mariama Diao via email:
speakingup@prsolutionsdc.com or via fax: 202/371-9142. Please be sure to
include your organization's name, address, telephone number and fax
number.

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

+-----------------------------------------------------------------------+
| A project of the Family Violence Prevention Fund. Produced by PR      |
| Solutions, Inc., Washington, DC;                                      |
|                                                                       |
| Phone: 202/371-1999; Fax: 202/371-9142; E-mail:                       |
| speakingup@prsolutionsdc.com                                          |
+-----------------------------------------------------------------------+