Page 6 - WCBA CLE 6-14-2022

4

- At sentencing Court rejected Domestic Violence Survivor’s Act and
sentenced D to
Indeterminate - 19 - life (Murder 2)
Determinate - 15 yrs

ISSUES

- Std of proof by the D to vacate a judgment and set aside sentence

“Preponderance of the evidence”

- Factors for Domestic Violence Survivor’s Act

(a) At time of offense, D was victim of DV subjected to substantial
physical, sexual or psychological abuse inflicted by a member
of the same family or household as the D

(b) such abuse was a significant contributing factor to D’s
criminal record

( c) having regard for NATURE and CIRCUMSTANCE of the crime &
HISTORY, CHARACTER & CONDITION of the D that a sentence
of imprisonment would be UNDULY HARSH

ERRORS

County Court found that while it was presumed that D may have been
abused in her life, choice she made and manner of murder outweighed
what court referred to as D’s “undetermined abusive history”

-History Was NOT undetermined

- witnesses/photographs other evidence that Victim repeatedly
abused her physically and sexually

- County Court recognized that the D presented a “compelling story
of abuse, w/ horrific allegations that include repeated sadistic sexual
violence and physical abuse complete w/ pictures and eyewitnesses
viewing the results of her abuse”

-Dec 2014/ photo Feb 2015/testimony re 2016/2017
Multiple witnesses described observation of D from 2014-2017
bruises/wounds and or burns to D’s face and body