224: How the DVSJA Gave Two Survivors of Domestic Violence a Second Chance w/Assia Serrano and Trinity Copeland

Apr 4, 2024

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Today, Hunter concludes the three-part series on criminalized domestic violence survivors by speaking with two women who survived, endured years of incarceration, and utilized the DVSJA to get a second chance at life. Trinity Copeland was sentenced to 25 years to life for 2nd degree murder and resentenced to time served and released in March 2023 under the Domestic Violence Survivors Justice Act (DVSJA), after serving approximately 11 years. She is currently a full-time college student majoring in Chinese Studies with a double minor in Spanish and French.

Assia Serrano was sentenced to 18 years to life for felony murder and was resentenced and released in April 2021 under the DVSJA, after serving 17 years. Shortly after, she was deported to Panama where she currently resides. Assia is a member of the Survivors Justice Project Advisory Group and an Osborne Speakers Bureau member who uses her personal experiences to advocate for criminal justice reform. She is a proud mother of two teenagers and a fierce advocate for her own and other children who have experienced parental incarceration.

Through their stories, Hunter hopes for people to understand what our legal system must change to stop perpetuating cycles of harm.

Guests:

Assia Serano, Survivors Justice Project Advisory Group and Osborne Speakers Bureau

Trinity Copeland, Full Time College Student

Resources:

NYILS Website

https://www.ils.ny.gov/

Survivors Justice Project

https://www.sjpny.org/

Background Material on the DVSJA

· Video: Background on DVSJA passage (somewhat dated)

· Some Legislative History (attached):

o 2017 sponsor memo

o Opposition letter by District Attorney Association of the State of New York

o NY Correctional Association response to DA opposition letter

· SJP DVSJA Resource Guide – we wrote this with incarcerated survivors/applicants as the primary audience

· SJP/Sentencing Project Report

· Abby Van Buren article on temporal nexus problem

· Favorable decisions:

o Brenda WW decision ("mutually abusive" relationship did not foreclose DVSJA relief; abuse history must be considered cumulatively; considered applicant's extensive criminal history in context of her substance abuse, which was related to victimization)

o Patrice Smith decision (court must look at the "full picture" and contemplate cumulative impact of abuse)

o Liz L. decision (the fact that DV history was "factored in" to previous man 1 plea bargain did not make DVSJA resentencing inappropriate)

· Not so favorable:

o People v. Williams (abuse or abusive relationship must be "ongoing" at the time of the offense)

o People v. Fisher (adopting Williams' temporal holding in case where trans-identifying young person had assaulted her parents, and no expert was called to attempt to explain connection between earlier physical abuse and offense)

o People v. B.N. (many bad holdings/antiquated approach to DV and trauma)

· People v. Addimando – a study in contrasts (note that Nicole Addimando was finally released from prison last week):

o Trial court decision (denying DVSJA relief at initial sentencing for murder 2 in a case with extensively documented abuse; sentencing Nicole Addimando to 19-to-life)

o Appellate decision (reversing and resentencing her to 7.5 years)

· Critique of the DVSJA by Survived & Punished

Some very optional reading, but good-to-know-about resources created by the DVSJA Statewide Defender Task Force:

· Best Practices Manual for DVSJA Investigations

· Guide to Working with Experts in DVSJA cases

· Introduction Guide to Coercive Control for the DVSJA Attorney

Contact Hunter Parnell:

Publicdefenseless@gmail.com

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