“I am so proud that Governor Brown has signed both of my bills,” stated Assemblywoman Ma. “Today, we give hope to approximately 7,000 victims across the state who have survived domestic violence, who believed the system had failed them, and will now have an opportunity to speak out against injustice.”

As the chair of the Domestic Violence Select Committee, Assemblywoman Fiona Ma has worked diligently to shed light on the challenges that incarcerated victims of domestic violence experience while in the judicial system. One of the catalysts behind the legislation was Brenda Clubine’s powerful story of struggle, survival and injustice portrayed so vividly through the Sin by Silence film Directed by Olivia Klaus from Quiet Little Place Productions.

In 1983, after eleven restraining orders filed against her husband, and countless visits to the police department and hospital, Clubine hit her husband over the head with a wine bottle while fleeing for her life. Brenda was convicted of second degree murder with a 16 years to life sentence. The judicial system at this time, simply did not understand nor did they take the time, to weigh the substantial history of domestic violence Clubine experienced.

This changed in 1992 when Intimate Partner Battering and its Effects (IPC) also known as Battered Women’s Syndrome, was finally allowed to be introduced and weigh in as evidence in cases where battered women were charged with crimes relating to their experiences of being abused.

Unfortunately, for Clubine and women like her, this law did not apply retroactively and could therefore not be applied to their cases. The change in law only effected the cases of domestic violence victims that were reported after 1996.

As Clubine stated, “When I went to trial, I was only 20 and scared out of my mind. How did I get here? How did this ever happen to me? I never meant to take my husband’s life… I had piles of evidence, reports and paperwork of my abuse to show what lead up to that night of the crime. Yet, it was not allowed to be presented to the jury… even my expert witness was not allowed in the courtroom to testify on my behalf.”

The signing of both AB 593 and AB 1593 will give these women the opportunity to be heard and have another chance at justice.

AB 593 will do two things: it will allow victims of domestic violence whose expert testimony was limited at their trial court proceedings to re-file for a writ of habeas corpus to allow this expert testimony to weigh in on their defense and it will also give victims more time to receive legal representation by deleting the sunset date currently in statute.

AB 1593 will give victims who have suffered Intimate Partner Battering (IPB) a chance to present their evidence in an effective way during the parole process by giving great weight to any information or evidence that proves the prisoner experienced IPB and its effects at the time the crime was committed. This bill will also require that the information delivered to the Legislature relating to IPB, will be in specific and detailed reports.

“The journey to see the Sin By Silence bills become law and set precedence is more than progressive; it’s about righting the injustice of the system for decades on several levels. Working with Assemblywoman Fiona Ma, her amazing staff, the Director of Sin By Silence, and countless others who have been a part of making history is a dream come true for me. Only four years ago I was still in prison, my freedom continuing to elude me after 26 years,” stated Clubine. “In 2008, I was forced to leave my sisters behind and given the honor to continue my advocacy beyond prison walls. I stand proud to be a part of the fight for justice. My life is forever changed by my experiences and it is with heartfelt appreciation I say “thank you” to each person who worked tirelessly to fight against the decades of injustice and give incarcerated survivors a chance. It is with courage, strength and bravery that AB 593 and AB 1593 have now become law.”

“Years ago when I started this journey, I had no idea what change would come through creating Sin by Silence, but I knew I couldn’t give up hope that we could make a difference to help free incarcerated, battered women,” stated Olivia Klaus. “The passing of the Sin by Silence Bills brings together a decade long journey of work to help right the wrong in this world. Now that legislative history has been made in California, we hope to carry on to the rest of the country.”

Both bills will go into effect on January 1, 2013.

Followup:

“These women deserve justice,” stated Assemblywoman Ma. “Today, we give hope to approximately 7,000 victims who have survived domestic violence.”

In 1983, after enduring years of abuse, Brenda was convicted of second degree murder with a 16 years to life sentence. A California prison study found that 93% of women who committed homicide did so in attempt to protect themselves or their children from a violent spouse. As a result of this type of behavior, in 1992 Intimate Partner Battering and its Effects (IPC) also known as Battered Women’s Syndrome, was allowed to be introduced and weigh in as evidence in cases where battered women were charged with crimes relating to their experiences of being abused.

When the original writ of habeas law went into effect to allow domestic violence victims to file a writ, the crime had to have been committed before January 1992. However, the California Supreme Court did not hear an Intimate Partner Battering case until August 29, 1996, in People v. Humphrey and later the Legislature changed Penal Code Section 1473.5 to reflect the date of this decision. However, Penal Code Section 4801 referring to IPB in Parole Board hearings, has not been amended to reflect the date of the Court’s decision from that case.

However, for Brenda and women like her, this law did not apply retroactively and only effected the cases of domestic violence victims after 1996.

As Brenda stated, “When I went to trial, I was only 20 and scared out of my mind. How did I get here? How did this ever happen to me? I never meant to take my husband’s life… I had piles of evidence, reports and paperwork of my abuse to show what lead up to that night of the crime. Yet, it was not allowed to be presented to the jury… even my expert witness was not allowed in the courtroom to testify on my behalf.”

There are many cases just like Clubine’s that have yet to be heard or were overlooked due to the inclusion of expert testimony. Judges at the time were unaware of what testimony was admissible. AB 593 seeks to address this issue by doing two things: it will allow victims of domestic violence whose expert testimony was limited at their trial court proceedings to re-file for a writ of habeas corpus to allow this expert testimony to weigh in on their defense and it will also give victims more time to receive legal representation by deleting the sunset date currently in statute.

“When I was released in 2008, I left many women behind for whom the judicial system has failed,” Brenda stated. “These women deserve every opportunity to have their claims substantiated, not only through a writ, but also through the parole system.”

AB 1593 seeks to remedy this by allowing victims who have suffered Intimate Partner Battering (IPB) a chance to present their evidence in an effective way during the parole process by giving great weight to any information or evidence that proves the prisoner experienced IPB and its effects at the time the crime was committed, and that the information that is submitted to the Legislature is specific and detailed.

Also in attendance were, Judy Freeman, a pro-bono attorney and Olivia Klaus and Ann-Caryn Cleveland, co-producers of the Sin by Silence film.

Both bills will now head to the Governor’s desk where they will await his signature.

For more information please visit this link: http://asmdc.org/members/a12/

Assemblywoman Fiona Ma (D-San Francisco and San Mateo Counties) joined Brenda Clubine, a survivor who spent 26 years behind bars for defending her life against her abuser, Senator Noreen Evans, Chair of the Legislative Women’s Caucus, Tara Shabazz from the California Partnership to End Domestic Violence and other advocates to advocate for AB 593 and AB 1593 known as the “Sin by Silence” bills. Shortly after, both bills passed out of the Senate floor. As the chair of the Domestic Violence Select Committee, Assemblywoman Ma has worked diligently to shed light on issues of domestic violence and the challenges that incarcerated victims of domestic violence experience while in the judicial system. One of the cases that became the catalyst behind AB 593 and AB 1593 was that of Brenda Clubine’s. “These women deserve justice,” stated Assemblywoman Ma. “Today, we give hope to approximately 7,000 victims who have survived domestic violence.”

With the state of California facing budget cuts each year, and each elderly prisoner costing taxpayers close to $80,000 per year, it makes sense to release those who are deemed eligible for parole. If AB 593 were to become law, California would save at least $4,000,000 every year that these women who have already served their time, are not behind bars.

WHO:

Fiona Ma, Assembly Speaker pro Tempore
Brenda Clubine, formerly incarcerated survivor of 26 years
Olivia Klaus, Director, Sin by Silence
Judy Freeman, Pro-bono attorney
Tara Shabaz, Director, California Partnership to End Domestic Violence

WHERE:

State Capitol, South Steps

WHEN:

Tuesday, August 21, 11:30 a.m.

…………….

For more information on Assemblywoman Fiona Ma, please visit: http://asmdc.org/members/a12/

The Sin by Silence team traveled to Sacramento – Norma Cumpian (released in 2011), Olivia Klaus (Director/Producer of Sin by Silence), and Brenda Clubine (released in 2008).

Brenda and Norma visit the Senate floor

The Public Safety Committee Hearing

United advocates from Sin by Silence, USC Post-Conviction Justice Project, California Habeas Project, CA Coalition for Women Prisoners, Legal Services for Prisoners with Children, and Californians United for a Responsible Budget

People from across the state came to support our Sin by Silence Bills (AB 593 & AB 1593), as well as other legislation (AB 1270), to call for transparency in California’s troubled prison system.  To find out more about the legislation (AB 1270) visit http://curbprisonspending.org/?p=1742

Brenda inspiring advocates gathered on the North steps of the Capitol.

Norma sharing her story.

With AB 1593, we are tackling parole reform! As you learned by watching Sin by Silence, many of the Convicted Women Against Abuse are denied parole due to the injustice that continues to happen during their parole hearings. In 2010, Glenda Crosley was denied because the Parole Board believed she “lacked insight” into her crime and could have found a way to leave her abusive situation. Even with all the evidence of abuse that Glenda’s lawyers presented at the hearing, the Board refused to take these elements into account. Where is the justice?

“We, as soon to be healthcare providers, understand the physical, emotional, and psychological effects to those women who are battered, and are passionate in advocating for their denied rights. One of the ways we are doing so, is by creating this blog in hopes to help bring awareness and different insights about women who have suffered and/or are suffering from domestic violence.”

These young ladies are incredible! Not only are they making an impact on the web, they are inspiring change in their own community and on their own campus by even hosting a teen dating violence awareness workshop. Just recently they even started the conversation with their local Senator to ensure that he voted in favor of helping the incarcerated battered women of California.

So, how are you helping make a difference to ensure the passing of the Sin by Silence Bill?

Together we were able to have the crucial message of AB 593 be presented to every single Assemblymember and Senator at the Capitol.  IMPACT!

Click here to read more about the survivors of California who remain trapped behind prison walls.