Marcy’s Law to Ensure Victims of Crimes Have A Voice
| As the country comes together in the face of the Coronavirus pandemic, our thoughts remain with our friends and supporters during this trying time. Because many state legislatures are still in session, we are continuing to work to advance Marsy’s Law in those states and will continue to do all we can to further crime victims’ rights across the nation. JOIN THE MOVEMENT! Encouragement For All“It’s my belief that Mississippi can do better for our crime victims. It’s my hope that Mississippi will soon have those comprehensive victims’ rights.” – State Representative Fred Shanks, Mississippi A Closer Look- Kathryn Thalacker “I feel like I’ve lived lifetimes because I’ve worked so hard to get to this position. I found the Rape Crisis Center of Dane County and it was there I learned a lot about myself as a sexual assault survivor. I wanted to help people somehow, you know, like catching the bad guys and making sure victims had a voice. But after seeing the statistics and the facts, I realized that, again, I wasn’t supposed to be there because, as I realize now, my own healing needed a different path. I saw a story on Facebook from Marsy’s Law for Wisconsin that had a survivor sharing her story for the first time publicly. I remember that day and I remember sitting back and just staring at the screen. Why wasn’t that ME? Why couldn’t I do that? I sent a message to MLWI, the state director responded back, and the rest is history. I cannot tell you how many days a week I get emotional on my drive home because I am so grateful, and astonished, that I am doing what I started out to do when I was 19. I pray that I will be able to stay on this path after we pass this law in 2019, but if I don’t, at least I’ll know I have done something greater than myself and more than I could ever have imagined.” As someone who has experienced sexual assault and works with survivors, how do you believe Marsy’s Law will most help current victims and survivors of sexual assault?Marsy’s Law is the only platform I have found that allows sexual assault victims and survivors an emotionally safe landing. Sure, service agencies provide support and resources, but they cannot cover the empowerment that constitutional laws provide victims and survivors when it comes to continuing a healing journey.Speaking from experience, I would never have gotten to where I’m at had I not been helped by the Rape Crisis Center of Dane County; but they told me like it was – there is no way to seek the justice you want because the resources, i.e. state laws, and law enforcement support are not available. I cannot express how hurtful, degrading, and frightening – not to mention how livid I was – when that realization occurred to me. But then Marsy’s Law came to Wisconsin and, suddenly, there was a possibility that someone else (because my time had passed) could be given a voice and not be overlooked. Victims should not come last in the system and Marsy’s Law will ensure they have strong and safe ground to stand on while they hold their perpetrators accountable as they see fit.Justice looks different to everyone and the great part about Marsy’s Law is that this is an opt-in option. There is nothing greater than to give a survivor back her choices and her voice after an assault. Not many things in this world inspire me, but I’ve moved mountains to be a part of a cause that will ensure no one else feels the way I did.In discussing the criminal justice system with victims and survivors of sexual assault, what have you found to be common themes/frustrations for those navigating the system?The entire system is flawed and, as someone with two degrees in criminal justice as well as work experience in law enforcement, I speak from all angles. I know too that those in law enforcement who want to help the community they serve are just as frustrated with the red tape we all fall under. Believe me when I say that I have full faith in the law enforcement community but, when it comes to the system itself, there is a huge pause for me because of what I’ve experienced. When I decided to hold my rapists accountable, I came up against a system that was not designed to help me and the laws were clearly unable to cover the breadth of the crime. And so, I had to be my own advocate and let me tell you that, had the crime been more recent than it was, there would have been no way I would have been able to do that for myself. In the course of pursuing justice, or so I thought, I had to make the phone calls to the detectives to get updates, I had to push them to continue the investigation, and, in the end, I was told that my case didn’t have enough evidence when clearly there was – the issue ended up being that, regardless if I was under the statute of limitations, my three rapists were the only ones speaking out about the event and their voices were the only ones heard … where was MY voice? Sure, I had my statement and I had my witnesses but that was it and, apparently, that wasn’t enough. All of a sudden, the sexual assault victim was not credible and she didn’t have enough backing her up. Send her a letter and hope she doesn’t appear on our doorstep again. If that’s not a sad, common theme with sexual assault victims I don’t know what is and, honestly, that’s across the board for most crimes because the victim’s rights are not strong enough.What would you say to those who worry that giving crime victims rights equal to their offender may upset the rights of the defendant?I want the defendant to have their constitutional rights and I don’t want those rights to be violated because, as a victim, I want them to be held accountable to the fullest extent of the law. If anything goes sideways in that process, the possibility of a guilty defendant not being held accountable is horrific. I know, for a fact, that giving equal rights to victims will NEVER upset the rights of the defendants because they are two separate things. The reason this question comes up is that everyone is concerned with the details but they forget the myriad of other laws and controls in place to ensure that justice is upheld. Whether or not the system works like that isn’t the point because the system was designed to not infringe on a defendant’s rights. We need to design a stronger system that covers everyone – not just defendants.As you’ve worked to spread awareness about Marsy’s Law in Wisconsin, what has been the response from those you work with and in your community?The response to the Marsy’s Law in Wisconsin has been overwhelmingly positive and candidly, “Why don’t we have these already?” I know there are some partisan groups that do not support Marsy’s Law in Wisconsin, but my response to them has always been, “Your job is to support the people of Wisconsin and no one else. The people want these laws changed and strengthened. There is no better reason to support Marsy’s Law in Wisconsin because that is what your clients want.” Mary’s Law is about the people and, more specifically, the people who are getting lost [in the criminal justice system] and who have no voice. There is no greater cause than to give someone their power back after being assaulted. Marsy’s Law is as simple and as powerful as that. Featured Video: Why Does Marsy’s Law Need to Be Enshrined in the State Constitution? Victims’ Voices – Lee Bertha Pickett-Allen Lee Bertha Pickett-Allen was a founding member of the precursor organization to the Justice for Homicide Victims (JHV) organization, along with Marsy Nicholas’ mother, Marcella Leach, and others. Lee Bertha also worked with Doris Tate, of the Doris Tate Bureau, alongside JHV in its program of going into jails and talking to prisoners about how their actions impact society. Lee Bertha is a retired social worker, working with at-risk populations. Can you describe what it was like for you as a family survivor of a crime victim in the California court system? In 1984, my son, Earnest Pickett Jr., was killed by a gang member looking for another gang member but he shot my Honor Roll student, Varsity Baseball player son instead. I did not know what to do at all, I had no information about what happens next. Two weeks after Ernie’s murder, a student called to ask why we were not at the initial hearing – we had to tell him we had not been informed. I found the Parent’s of Murdered Children (POMC) group and it happened to be at Doris Tate’s home and Marcella (Marsy’s mother) was there. She and I talked all night. I had to get information about the next steps as I knew nothing about going into the court system. What did you find to be the most frustrating aspect? Back in 1984, a witness could not go into the courtroom until called and then they had to leave after their testimony. You could not bring in any visible mementos of your loved ones and if you showed any shred of emotion you had to leave the courtroom. You had no rights in court, you were an uninvited guest and one that could be shut out. You could not protest as it could damage your case, you could only talk to other victims in meetings such as POMC’s events. Now you too were a victim – not only of your loved one’s offender but the court system as well. We only had our Deputy District Attorney to help us get any information about the case. I liked my Deputy District Attorney very much but, in essence, she worked for the state; not for me and not for Ernie because he was dead. If she did not like me, how would I get a callback, get information? It took 14.5 years to bring Ernie’s killer to justice and he was sentenced to 32 years to life. He came up for parole after serving only 1/3rd of his sentence. I joined with Marcella and Bob Leach in forming the precursor organization to Justice for Homicide Victims and worked with them, Ellen Griffin Dunne, Arnold & Evelyn Heilemann, Jack & Genelle Reilley, LaWanda Hawkins, and Jane & Bill Bouffard, and so many wonderful people. We would do everything we could to change the system. We were inspired to see Dr. Nicholas on TV with newscasters correcting them about their views on crime victims’ rights and coming to our meetings, while still building his company and flying all over the world but always supporting his parents and victims. As with every victim who touched Marcella and Bob’s life, as they could, they came every day to court to sit with me and help me through my time of intense injustice, confusion, sadness, and unbearable loss. How do believe Marsy’s Law for California has most helped crime victims in the state? In California, we have the right to be a party to the parole process. Prior to Marsy’s Law, only two people could be in the parole interview room and you could usually only get a three-year denial. This time, because of Marsy’s Law in California, the Board of Parole wanted to give Ernie’s murderer 10 years, but they only gave him 7; but that is better than 3. Victims can now go into court throughout the hearing. They can wear T-shirts with their loved ones’ image on them, they can give impact statements, they can be emotional. The courts still keep families of either party separate but at least we get to be there. We can get our power back and know that we will only be revictimized if we don’t use the tools we have been given. Do you have any words of encouragement for crime victims in states where Marsy’s Law has yet to pass? Marsy’s Law is a gift to crime victims. It is a gift that keeps on giving as victims use it in different ways, especially now that we have our own voice – our own attorney. The tactics of the defense attorneys – we can now match them! I would only ask that each victim makes it their mission to use Marsy’s Law after passage to the full extent of their capability. Let your DA run his case but know that you too have rights and a voice that matters. Use this law for those who come after you and give them a shining example and a path forward. I hope every victim in every new state will use these now constitutional rights with bravery for themselves and their loved ones. The day hangs heavy, Loose and grey, when you’re away. A crown of thorns, a shirt of hair, is what I wear. No one knows, My Lonely heart, When we’re apart. – Maya Angelou In Loving Memory of Earnest Pickett Jr. – Love, Mom Marsy’s Story Marsy Nicholas was a beautiful, vibrant University of California Santa Barbara student who was stalked and killed by her ex-boyfriend. Only one week after her death, Marsy’s mother and brother walked into a grocery store where they were confronted by the accused murderer. The family, who had just come from a visit to Marsy’s grave, was unaware that the accused had been released on bail. In an effort to honor his sister, Dr. Henry T. Nicholas III has made it his life’s mission to give victims and their families enforceable, constitutional protections and equal rights. Please click here for further information. |
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