SUCCESS STORIESOver the years, many NAVRA members have made important contributions to the enforcement of victims' rights. Here are a few of their stories. IDAHO
In Idaho, a child-victim of sexual assault was terrified to testify in open court against her perpetrator. On a Thursday, NCVLI’s Idaho Victims’ Rights Clinic located a pro bono attorney to represent the child-victim. That attorney immediately contacted NCVLI, and by the following Monday this legal team was able to file an entry of appearance and a motion seeking alternative means of testifying and/or permission to have a support person with the child-victim during testimony. The court granted the request to have a support person. Thus, a three-year-old was protected from confronting her offender alone and risking significantly increased re-victimization through the assistance of pro bono counsel and NCVLI.
MARYLANDIn Maryland, the court appointed an attorney to represent a child-victim in a federal child pornography case. Although the attorney had experience representing child victims as a guardian ad litem in state court, she was completely unfamiliar with the rights of child victims in the federal criminal context and the other parties to the case were telling her that the child’s rights were very limited. The attorney worked with NCVLI drafting the victim’s impact statement and sentencing memorandum so that the child would be protected and served today and into the future.
CALIFORNIAIn California, the U.S. Attorney's Office for the Eastern District of California called NCVLI looking for help enforcing a young girl’s rights under the Crime Victims’ Rights Act. The AUSA was prosecuting a sex-trafficking case where the victim was a minor when she was trafficked and, despite his significant efforts the government had been unsuccessful in defeating defendant's subpoena of the victim's confidential juvenile records. NCVLI connected the victim with an attorney from its Arizona victims’ rights clinic, Arizona Voice for Crime Victims. Working together this legal team crafted arguments to the trial court and then took the matter all the way up to the Ninth Circuit Court of Appeals to protect the victim’s privacy. Eventually, the court reversed direction, and agreed with the victim’s attorney, ruling that defendant was not entitled to see anything other than what Brady required—witness priors. This victim, and her family, was saved the re-victimization of having her private life paraded before her offender.
ARIZONAAn Arizona trial court appointed NCVLI’s Arizona victims’ rights clinic, Arizona Voice for Crime Victims, to represent a rape victim who refused to testify in a capital case because, as a devout Christian, she believed that participation in a prosecution that might result in a death sentence violated her faith. The state had subpoenaed the victim, who had already testified in the rape prosecution, to testify in the capital case, which involved similar acts by defendant against other victims. Ultimately, the Arizona Clinic filed a brief invoking the victim’s First Amendment rights. During the subsequent oral argument on the issue, the court found that the victim could assert a First Amendment privilege when subpoenaed to testify, just as a defendant or other witnesses could refuse to testify based upon an assertion of their privilege against self-incrimination. Accordingly, the court found that the victim could refuse to testify without being held in contempt of court.
OHIOA victim in Ohio, who was defrauded of more than $40,000, was unable to exercise any of his rights (including the rights to notice, to confer, to be present, and to restitution) because the information and subsequent plea agreement were under seal. NCVLI’s Maryland crime victims’ rights clinic, Maryland Crime Victims’ Resource Center, with technical assistance from NCVLI, helped the victim filed a motion to unseal the case with the district court. After 3 months passed without the district court ruling on the motion, the clinic, with additional help from NCVLI, filed a petition for writ of mandamus in the United States Court of Appeals for the Sixth Circuit. The Sixth Circuit granted the writ directing the trial court to rule. The district court unsealed the case and ordered all rights be afforded the victim.
CALIFORNIAIn California, the mother of a homicide victim was told for the first time on the eve of the trial that the defense “might” call her as a witness at the penalty/sentencing phase, and therefore she could not attend the trial. The local prosecutor tried to get the judge to reconsider the next morning (the day trial started), and when that failed he called NCVLI. NCVLI secured pro bono counsel for the woman the same day. The pro bono attorney worked closely with NCVLI to seek a reversal in the trial court, and then to seek review in the California Supreme Court. Based on the victim’s pleadings and NCVLI’s amicus curiae brief the California Supreme Court directed the trial court to either allow the mother to attend or show cause why it had not afforded the right. The trial court has not answered the appellate court. While the first trial is over and the victim lost forever her right to be present despite her victory in the state supreme court, the co-defendant is about to be tried and this victim is still fighting to be present at that trial! |
