Here is the actual letter sent by Sue Kullen, President of the Women Legislators of Maryland to Michael Busch, the Speaker of Maryland's House of Delegates, this past spring, discussing the House Judiciary Committee. Why should a letter like this have to be written? If you've followed the behavior of some on the House Judiciary Committee, much which is documented in posts on this blog, one has to wonder why these offenders should be allowed to continue in their positions. Think seriously about letting them continue working for YOU if they are your delegate.
Not all on the House Judiciary Committee are problematic...there are a few very good delegates on the committee. Start with the list of delegates that voted to kill HB 700 listed on the right sidebar...it is the pompous behavior of some of these people that keep Maryland a dangerous place for women and children. Baltimore leads the nation in the number of rape cases deemed "unfounded," many before even being investigated. Maryland is the only state in the United States that does not allow protective orders based upon the preponderance of the evidence, but only on "clear and convincing" evidence. Not very comforting to many families who have lost loved ones because protective orders were denied. The macho culture of some on the Committee (yes, even from some female delegates) have sought to seemingly bully those who come and try to change things for the better for the women and children of Maryland.
March 11, 2010
The Honorable Michael E. Busch
Speaker of the House of Delegates
State House
Annapolis, Maryland
Speaker Busch,
The Women Legislators of Maryland met recently and discussed issues and negative publicity surfacing from the ongoing actions and perceived culture of the Judiciary Committee. We are a self policing body so individual legislators in our caucus will continue to talk to our colleagues on Judiciary to personally address issues of concern. However, the combination of recent issues has ramped up our concern so we are writing to you to ask for your assistance in the matter.
We are concerned for the House body that the Judiciary Committee continues to be seen as disrespectful to some citizens who come before their committee to share their perspectives on proposed legislation. We shared stories involving disrespect of law enforcement officers from around the State, victims, advocates, and fellow colleagues. The questions from certain members of the Judiciary Committee appear to be more of a ‘cross-examining-gotcha style’ rather than respectful, information gathering questions. This is not to say that probing questions should not be asked. But the tone and style of some members of the Committee have been called sarcastic, rude and insulting, which is inappropriate. There were also questions about time management in the committee that can be perceived as a lack of respect shown to members of the public who wait for hours - sometimes unnecessarily. Obviously, we recognize that it is not always possible to accommodate the schedule of all witnesses given the number of bills being heard on any given day. But, this is a concern that was raised by several members of our Caucus.
The behavior of a few members of this body reflects badly on the entire body of the House of Delegates. We want to be seen as nothing less than respectful to the public.
We would appreciate anything that you can do.
Sincerely,
Sue Kullen
President, Women Legislators of Maryland
cc. Chairman Joseph Vallario
Members of the Women’s Caucus
Showing posts with label HB 700. Show all posts
Showing posts with label HB 700. Show all posts
Actions by the House Judiciary Committee are Slammed Again!
These folks that voted to kill HB 700 have to go. Anyone running against them would be better than bringing back these people that seek to protect batterers. From Ms. Magazine:
Abused Women in Maryland Aren’t Lying
May 19, 2010 by Elizabeth Black · 9 Comments
This spring, the Maryland legislature killed a bill that would have brought Maryland’s restraining order policies into line with every other state in the union. Remarkably, in Maryland, a stalking victim seeking help is required to prove her case with “clear and convincing” evidence, a higher standard than “preponderance of the evidence,” which is the universal standard for civil dispute.
There can be only one reason for this absurd requirement: that the Maryland legislators who voted for the bill, listed here, believe that women who testify that they’ve been abused are less credible than men who deny being abusers. That’s not a level playing field, and it’s an absolutely unacceptable attitude for a legislator to hold.
But it’s no mystery where they’re getting this idea. Father’s and men’s rights activists have long promoted the myth that false allegations of domestic violence are rampant, especially in custody cases, and that women frequently file for protective orders in order to gain an upper hand in court. The group Fathers and Families in particular has promoted fathers’ rights propaganda around the country, and has directly targeted legislators. When Maryland Rep. Luis Simmons stated in an interview that he believed it only fair to expunge records of those who had been given a Temporary Restraining Order that didn’t lead to a final order (because a judge dismissed or denied it), Fathers and Families encouraged its supporters to contact Simmons to applaud his statement.
In fact, bona fide false allegations of domestic violence are rare. Dr. Michael Flood wrote in his paper “Fact Sheet #2: The Myth Of Women False Accusation Of Domestic Violence And Misuse Of Protective Orders” that most abused women are reluctant to take out restraining orders:
The risk of domestic violence increases at the time of separation … Women living with domestic violence often do not take out protection orders and do so only as a last resort … Protection orders provide an effective means of reducing women’s vulnerability to violence.
It is only when women experience more severe forms of violence, such as choking, beating, or being shot at, that they are more likely to take out a protective order.
As experts Rita Smith and Pamela Coukos of the National Coalition Against Domestic Violence wrote in an article for the peer-reviewed Judges Journal:
Although both common sense and the prevailing legal standard dictate careful consideration of evidence in domestic or family violence when determining custody, allegations of domestic violence and/or child sexual abuse made during a divorce or custody proceeding are not always taken seriously. These allegations often are wrongly perceived as false because they are asserted in a contentious environment and because of the widespread myth that parents fabricate domestic violence and child abuse allegations in order to gain an advantage in court. When combined with the misuse of psychological syndrome evidence, the perception that a parent has fabricated the allegations often results in unfair retribution against the reporting protective parent.
Furthermore, obtaining a restraining order does not guarantee that an abused woman will be able to gain custody of her children or see her abuse taken seriously. According to Attorney Elizabeth Kates, citing Zorza, Dore, and Rosen:
Research does not substantiate this popular myth [that women frequently lie about domestic violence]. However, research does substantiate that there is no tactical advantage to making domestic violence claims. Fathers are more likely to get visitation when domestic violence is alleged, even in states with custody presumptions enacted to protect battered women. Abusive fathers are more likely to obtain primary custody when domestic violence is present, alleged or not.
More evidence that women don’t lie comes from a 1994 study of a Massachusetts database tracking restraining orders (RO’s):
[T]he high frequency with which RO’s are issued might lead some skeptics to assume that these orders are granted too easily for minor offenses and almost any man is at risk of being a defendant. The data from the new RO database in Massachusetts reflect otherwise. Men against whom RO’s have been used are clearly not a random draw from the population. They are likely to have a criminal history, often reflective of violent behavior toward others.
Thus, it simply isn’t true that women are likely to lodge false charges of child abuse or battering against their spouses in an effort to manipulate or retaliate–the rate of false reports in these circumstances is no greater than for other crimes.
This research and testimony needs to get out there to combat men’s and father’s rights group propaganda, so legislators are not influenced by untruths. To do anything less places an unfair burden of proof on abused women.
Maryland Can Count on More Deaths: Thanks House Judiciary Committee!
NEWS BRIEF — Baltimore police charge father in connection with death of 2-year-old girl
Baltimore police are investigating the death of a two-year-old girl after arresting her father and charging him with child abuse late Saturday evening.
According to online court records Tyrone Hamber 3rd has been charged with first- and second-degree child abuse and first- and second-degree assault in connection with the death of his 2-year-old daughter, who police have yet to identify.
Hamber called police to his East Baltimore home after his daughter was found unconscious in the bathtub Saturday evening. She was later pronounced dead at Johns Hopkins Hospital. Police discovered severe wounds on several parts of her body, possibly inflicted with a belt that Hamber told police he used to discipline her. Police are now investigating her death as a possible homicide.
An autopsy is scheduled for Sunday.
According to online court records, in 2009 Hamber’s girlfriend filed a restraining order against him. However, a city judge dismissed the case citing lack of evidence. Hamber was charged with second-degree assault and violation of probation in 2008. He was sentenced to 16 months' supervised probation.
Hamber is currently being held without bail at Central Booking. He is scheduled for an arraignment hearing May 15.
Last month police charged Lakesha Haynie, 28, with killing her one-month-old son Rajahnthon Haynie, after she stuffed him in a bag and buried him in a hole in Druid Hill Park.
Committee Chairman Joseph F. Vallario Jr. Facilitates Vote to Kill HB 700: Remember Him in November
From The Washington Post:
AS EXPECTED, the Maryland House Judiciary Committee wrongly killed a bill on Thursday that would have made it easier for victims of domestic violence to obtain protective orders. H.B. 700 would have brought
Chairman Joseph F. Vallario Jr. (D-Prince George's) did not vote, as is the general practice.
Against:
Curtis S. Anderson (D-Baltimore)
Benjamin S. Barnes (D-Prince George's)
Jill P. Carter (D-Baltimore)
Frank M. Conaway Jr. (D-Baltimore)
Donald H. Dwyer Jr. (R-Anne Arundel)
William J. Frank (
J.B. Jennings (
Kevin Kelly (D-Allegany)
Gerron S. Levi (D-Prince George's)
Tony McConkey (R-Anne Arundel)
Victor R. Ramirez (D-Prince George's)
Samuel I. Rosenberg (D-Baltimore)
Todd L. Schuler (
Luiz R.S. Simmons (D-Montgomery)
Michael D. Smigiel Sr. (R-Cecil).
For:
Kathleen M. Dumais (D-Montgomery)
Benjamin F. Kramer (D-Montgomery)
Susan C. Lee (D-Montgomery)
Susan McComas (R-Harford)
Kriselda Valderrama (D-Prince George's)
Maryland General Assembly Owes Victims of Domestic Violence Better Protection
From The Washington Post:
Thursday, March 4, 2010
MARYLAND once again has the chance to do what every other state in the country does in affording protections to victims of domestic abuse. A proposal that would relax the rigid standards for obtaining protective orders is being debated in the General Assembly. Unfortunately, its prospects are not good. We hope, though, that lawmakers wake up to the reality that their refusal to put in place common-sense safeguards endangers lives and makes Maryland a national disgrace.
The House and Senate are considering bills that would change the standard of proof needed to grant a final protective order. The bills, H.B. 700 by Del. C. Sue Hecht (D-Frederick) and S.B. 823 by Sen. Jennie M. Forehand (D-Montgomery), would replace the current standard of "clear and convincing evidence" to a "preponderance of the evidence." Maryland is the only state that uses this higher standard when victims -- and generally they are women -- seek orders to protect themselves from their alleged abusers. In all other civil matters, Maryland courts require only a preponderance of evidence.
Contrary to the fears of some opponents, this would not open up the floodgates to capricious decisions based on false charges. Judges would still be able to judge the credibility of any claim, but they would have more discretion in reaching a decision. Instead of being bound by there being no doubt about a petitioner being in danger, the court would be able to use the more reasonable standard of there being a good chance of danger.
The committee has scuttled similar bills in previous years, and judging by the reception it gave Ms. Castillo, chances don't seem much improved this year. What else to make of the argument that no problem exists because only (their emphasis) 14 percent of protective orders are denied because the standard of proof isn't met? That's not much of a consolation for Ms. Castillo or the others who make up that 14 percent. As Ms. Castillo told the committee: "When you're in fear of your life and for your children, and you make that move to step out and do something about it, and then you go to get a protective order, and you don't get it, it's just really devastating. . . . It's like a discouragement to make a change in your life that needs to be made."
Attention Maryland: You Have Some Pigs Loose in the Legislature
A bill is in the Maryland Legislature now, HB 700 (Del Hecht, et al.), which seeks to alter the standard of proof for issuing a final protective order from clear and convincing evidence to a preponderance of the evidence. If a judge finds from the preponderance of the evidence that the alleged abuse has occurred, the judge may grant a final protective order for relief from abuse to any eligible person. It was first read to the Judiciary Committee on February 24th, and they had a hearing on it the 25th.
Amy Castillo testified at this hearing, as she tried to get a protective order in 2007, but was denied. Her husband Mark Castillo had their three children on visitation after when he murdered all three in a Maryland hotel, drowning them in the bathtub. At the protective order hearing, her husband’s lawyer questioned her (from the transcripts):
Douglas Cohn–Defense Attorney, Mark’s Attorney: “He threatened to kill your children and you, and you made love to him that night.”
Amy Castillo: “Yes, because I’m scared of him. If I act scared or upset or emotional, he really reacts to that, and I didn’t want him to know I was trying to get a protective order.”
With this, the judge denied the protective order. Judge Joseph Dugan ruled “There is not clear and convincing evidence that the alleged acts of abuse occurred.” This left Mark Castillo the opportunity to murder the children.
Fast forward to the hearing on February 25th, where witnesses testified to the committee about this travesty. Delegate Luiz Simmons took it upon himself during the hearing to further question Amy Castillo’s credibility because she had engaged in sex with Mark after being threatened. Apparently Del. Simmons does not realize that abusive men often center their lives around their genitals and the need to have them serviced. One can go on any of the many men’s rights forums and read them denigrating women, especially if they aren’t being serviced. This is one from “Men Going Their Own Way“:
“I was driving back from a meeting this morning, thinking about my wife, and I really wanted to go home, and simply beat the living shit out of her. I have been supporting everyone for years, working my ass off, and my wife has not done one single fucking thing to make my life easier, to encourage me, or to help me with anything that’s bugging me. She’s on the PTA, the board of her preschool, she teaches art at the elementary school, is involved in a book club, and on and on and on. Her calendar is ridiculous. But I am some kind of fucking afterthought. I’m the engine that powers this entire thing, and I haven’t gotten laid in months. She takes care of the children during the week, fine. But we have a housecleaner, because actually cleaning the fucking house is beneath her. We take shirts to the dry cleaner, because she couldn’t possibly iron them. Clean laundry is in piles in the garage, because she can’t be expected to fold it. On weekends, I’m apparently her assistant. I can’t wait for Sunday night to come, when I can get out and head back to the office. And every day there’s some new example of truly shitty behavior — a bad attitude for any human. For example, last night she was at her fucking PTA meeting, which ran from 7 until 11. I went to bed, and had just turned the light out when she shows up at the front door, and starts ringing the fucking doorbell. She didn’t have her keys. She then informed me that she never does. I pointed out that having keys to your own house might be a smart thing to do. And she acts like that’s some kind of major insult, and then launches into a description of what happened at this meeting. I stopped her, and said something like “You know, I was in bed and almost asleep, and you got me up.” It didn’t even occur to her that a) I would actually mind being jerked out of bed by the doorbell; b) I wasn’t interested in a blow-by-blow at that moment. Finally, after years of this, the truth is starting to sink in, and I’m devolving into this serious, angry person to be around. All the normal, considerate stuff I used to do I don’t. I don’t talk to her unless I have to, and not any longer than necessary. She catches me looking at her sometimes, and the expression she sees on my face frightens her, I think. Somewhere along in here, she’s going to ask me if something’s wrong, and I’m going to start screaming at her. I’ve tried marriage counseling. I’ve tried listening, and giving, and being nice. Now, I’m going to try fear and intimidation.”
Del. Luiz Simmons, Montgomery County
Do you think Amy Castillo saw that certain expression on Mark’s face (besides just outright being told he would kill her and the kids)? Do you think she had to have sex for her and her kid’s safety? You betcha. Nobody likes having sex with an abusive asshole. It’s like a submissive gesture to try and calm the savage beast. You don’t think she had to fake it (think Meg Ryan in When Harry Met Sally)? Many women have to given in to having sex to avoid being treated worse. But this pig thinks it makes her less credible. Del. Luiz Simmons and his John Edward’s haircut need to come out of the fog and look at all the children being murdered by fathers who are not happy with child support, not happy with shared parenting, or just want to punish their ex-wives by taking the children permanently from them (by murdering them). Over and over again, many of these horrific deaths of children can be traced back to a judge who wouldn’t issue a protective order.
Delegate Simmons demonstrated his love and wish to protect batterers in the last session. This is from Maryland Politics Watch:
Tuesday, March 10, 2009
Luiz Simmons’ Abuser Expungement Bill (Updated)
Delegate Luiz Simmons (D-17), who is a trial attorney, has introduced a bill enabling accused domestic abusers to expunge their court records. No, folks, we are not making this up.
This bill most likely won’t make it out of the committee, thanks to Delegate Simmons. If you are from Maryland, how many more women and children are you willing to see murdered? If you are from Maryland, you need to know who your employees are, the people you pay to speak for you, who are doing this to the children of Maryland, who questioned Amy Castillo’s credibility, and decide if you want them to work for you any more when you go vote in the next election. Here are the Judicial Committee members….do they work for you?
Appointed by House Speaker:
Joseph F. Vallario, Jr., Chair (410) 841-3488, (301) 858-3488
Samuel I. Rosenberg, Vice-Chair (410) 841-3297, (301) 858-3297
Committee Chairman Joseph F. Vallario Jr. Facilitates Vote to Kill HB 700: Maryland Mother Fights to Change Law After Husband Killed Children
Amy Castillo’s husband killed their 3 children
Updated: Friday, 26 Feb 2010, 12:26 PM EST
Published : Thursday, 25 Feb 2010, 7:15 PM EST
By Sherri Ly
ANNAPOLIS, Md. – When Amy Castillo’s husband, Mark, killed her three children nearly two years ago she knew he’d carried out his threat. “He said well really the worse thing I could do is kill the children and not you so you have to live without them,” Castillo said.
Fifteen months earlier she told a Montgomery County judge the same story but he denied her final protective order because there wasn’t “clear and convincing evidence.” Castillo says she was devastated.
The interim protective order had already angered her estranged husband, who suffered from mental illness and transcripts show had planned to violently end his own life. “I think he would have had to have hurt them before, in the past, actually physically injured them. All along I felt that you have to actually hurt someone or prove you sexually abused them before you can get any help,” Castillo said.
It’s happened over and over to victims of abuse in Maryland. Victims try to get a protective order only to be denied sometimes with deadly consequences. Yvette Cade, a Prince George’s County woman was burned four years ago by her ex-husband after a judge removed a protective order as well. In Castillo’s case she said, “It went from threats to now they’re dead. There wasn’t anything in between.”
So today Castillo went to Annapolis to fight for the protection her children six-year-old Anthony, four-year-old Austin and two-year-old Athena did not get. She testified during a House Judiciary Committee hearing in support of a bill that lowers the standard for protective orders to a “preponderance of evidence.”
Maryland is the only state that requires the standard of proof for a protective order be “clear and convincing evidence.”
At least three times previously, lawmakers in Annapolis have tried to lower this standard, making it easier for someone to get a protective order. Each time it failed.
“People are in dangerous situations and in Amy’s case, the dear children lost their lives because of our high standard of proof in Maryland. That’s unacceptable,” said Delegate Sue Hecht (D) Frederick County, the bill’s main sponsor.
Historically, the judiciary committee has been hesitant to change laws. It took Hecht seven years to get a child sex abuse crime of violence law passed and expects another tough fight on this one. She ran a domestic violence center for 12 years. “We had a woman shot in the face of my home county. This year she had been denied a protective order in two counties before she got shot in the face,” Hecht said.
No word on when the committee will vote, but the Frederick lawmaker, is hopeful she’ll have the votes to get the bill out of committee this time. Even with a protective order critics say enforcement is sometimes lacking but at least it gives victims another tool.
“You have to have something in place where not only the woman feels like she’s being back up but there’s teeth behind that,” said Eileen King, Regional Director for Justice for Children-DC, an advocacy group for children and families.
“I never tried to get a protective order again,” Castillo said after failing the first time, “because I felt like not only was it not helpful, it was useless.” By seeking the protective order, “it made him much more angry,” Castillo said and without it she had nothing to stop him.
Castillo says she can look back now and say “I told you so” and wonders if she got the protective order would her children be alive.
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![[photo, Joseph F. Vallario, Jr., State Delegate]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_u2VnvyrhJOespDJ6EC1NvkqVTSOPBe6Jorly7Gj_sTkCvxO3oowGm9qZYzh_56M7srsoL6-KDIuWmZVam38oAFrfVQJSuR-2pFHJWO0aKE250Q28dMdGNk2ETRFFBrR5cm=s0-d)
JOSEPH F. VALLARIO, JR.Democrat, District 27A, Calvert & Prince George's Counties
- House Office Building, Room 101
6 Bladen St., Annapolis, MD 21401
(410) 841-3488, (301) 858-3488
1-800-492-7122, ext. 3488 (toll free)
e-mail: joseph.vallario@house.state.md.us
fax: (410) 841-3495, (301) 858-3495
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(301) 423-8100
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