J~HllJr1Mo
First 'Assistant Ui~lri('l AUorrH'Y
Jo.el W. Meinecke Hamil !ton Suzannp H. jam""
Investigators
Assistant Dislriet Attorneys District Attorney Donald M. Murphy
Athena E. Andaya K"n H" •••lrix
james A. Brown Kansas Third Judicial District Mkk Mpvu
Nancy S. Bnunheloe Boh Bu~k"
Edward M. Collazo
Suite 214.• Shawnee County Courlhous(' • Topeka, Kan~as 66603-3922
GWYIU.eE. Harris Telephone: (785) 233-8200 Ext. ,l:nO • fax: (785) 291-4.909
E. Bernard Hurd
ilia C. Kelly
Cynthia j. Long
IIpne j. K. Miller
KelUleth j. Morlon
Katherine K. Murray December 1, 1997
Alexandra T. Nguyen
Tony W. Rue.
The purposes of this letter are to acknowledge receipt of your letter and to respond to the
issues you raised within that letter. From your general tone, it appears as if you may be
involved with some sort of support group for domestic violence victims which, if true,
could be a very constructive step.
I certainly agree with you that the criminal justice system is generally underdeveloped in
its handling and broad-based understanding of domestic violence issues and dynamics.
Shawnee County, however, has the Kansas model program in that we've accelerated the
court hearing process, provide immediate assistance and safety planning information for
victims and punishment as well as 0ppOliunities for behavior modification for
perpetrators. This model program is not perfect, however. But I must tell you- that many
of the problems related to it pertain to the parties failing to abide by no conta~t orders -
victims who take the offender back and offenders who won't stay away from victims.
After receiving your letter last week, I discussed your complaints and observations with
the two Assistant District Attorneys who handled the the array of cases involving you and
Hal, and I went through our records. Unfortunately, I found numerous inconsistencies
between the statements you made in your letter, the court records and the recollections of
the ADAs.
Let me say at the outset that I have no doubt whatsoever that you were in an abusive
relationship - that's quite clear. But in fairness to all parties - you, Ha~ and us - it isn't
nearly as clear who initiated many of the conflicts which necessitated police intervention.
We have as many police reports naming you as a suspect as we do with Hal as the
suspect. There were several instances in which we might have charged both of you but
elected to file against Hal only.
The police report re the crowbar incident you cited states that you were the party with the
crowbar when police arrived. Neither I, the attorneys nor the police have any objective
~-.
means of determining who did what to whom in the absence of corroborative evidence,
and we must be able to prove in court the truthfulness of the allegations beyond a
reasonable doubt. When there is evidence suggesting the complaintant may have acted
proactively in a violent situation as opposed to reacting defensively, it makes our job at
best difficult and at times impossible.
There was also an instance in which we were able to obtain a rare prosecution without
victim testimony because the victim - you - failed to appear as ordered to testify in court.
Many Kansas victim advocacy groups mistakenly believe Kansas law allows for domestic
violence prosecutions when victims fail to appear for court simply because it's been done
in a few other states. Unfortunately this is usually not true in Kansas, and most of the
time we have to dismiss domestic violence cases if the victims fail to appear for court
only to see that same victim again in a few days, weeks or months.
The ADAs also remembered that you initiated contact with Halon several occasions
further weakening - for court purposes - the position that you were truly frightened of
him. Victim-initiated violation of a no contact order - for whatever reason - never helps
us WIn cases.
It's been my experience that recovery from any trauma requires honest introspection and
recognition of the roles each party played. Please understand that I'm not condoning
anyone's criminal conduct here. Domestic violence is a crime(s) and perpetrators should
receive both punishment and an opportunity to change their abusive behavior. Ideally,
repeat victims should also receive counseling to gain insight into the reasons why they
remain with barterers, why they select barterers as partners and how to avoid making the
same mistakes over and over again with the goal toward assisting the victim to seek out
and develop healthy, violence-free relationships. You appear to be headed in that
direction, and all of us here wish you the very best of luck.
Sincerely,
Suzanne James
.~!e;._~e,!nber
66603--~3922
~"ly =:larue LS ,e:an Dorwl, and I am wr~ ting to you l.D regaros co IO(~
UeC':!ffmer 1, L997 correspondence to Hs. Claudine DombrowskJ
.:; ,:"enruar_y '.Ji 1995, Claudine seemed unable to break free from tfl.-;-
cela't.ionsnip with Nr. Richardson. This inability caused me grea;
3adness, and even greater fear. Fear for Claudine and Rikki
could only st:andby and offer support and a safe haven when UH'
~-)ppurtuni ty arose - It waSH' t until February of 1996 ,chat: Claud.a'l
""dE'. finally able to escape the cycle of abuse and violence. Ukl;
!o:rmed the basis of the relationship with Mr. Richardson.. At ttidl
'lme, Claudine fled to the Battered Women's Shelter where sne anc
~iKRl resided for about two weeks. Th~l Claudine obtained a smal.
C1~an:men't ~ed only" three blocks from my residence _ On (file
".ren41h,l of ; "arc'h"73! 1996,) I received at !!lY residence 326, :.;~,
:{ando~pJ:if/Apt F, phone number (9l3)267~7S23) a phone caLlfC.;ij,
Suzanne B James
Dec:em.be:: l b, 19<.i7
Pagi~ 2
\ •.auC1:l.ne 0 Claudine
was sObbing: nearly incoherenc:.. Snl:.: ;he, , \
,- /.:~':>:"l"", Dat:..flrCiQm \..0 change her diaper and 'dhen CJ.duddlC ....ac;
'.'!":e..-, 'Jewn to X-ray. At en€. ad ..••1ce of medical personnel., CIaucJ.iie
d;:Jd "1 i~Y. st.ayed :.n my ti.ome thar. Hight:. so that C~O;j~.::; ""':1",.'
la'.ldin,,::, up every
~-.!11 ~=ons,-: J~()USrl e: ss
2' hours to ~~lSunc:: that she did ~10t Sll.;.::
PLeaS6, for Rikki's sake, review the records of the inCldent that
LOOK pl.ace on March 23, 1996. Place the Shawnee CounLy Sherlf:: s
Jepartment Report' beside the report from the Topeka Police
Department, the photographs taken by the Topeka Police Department.
::ne medical cecords of Stormont Vale Hospital! and finally the
phone records of Claudine. -{'hen look at the testimony Mr
Richardson and Claudine offered at the close of trial on September
'Dtri. 1997 .i.nfront of the Honorable James Buchele in 96D217 M.r:
th :::hardson 1 .siler-sian of events simply do not s-cand-up to the
r.';,'b)ect:ive, verifiable facts contained in the multiple ["ecores
~ created that night. To put it succinctly, Mr_ RiChardson lied
f; "C'
.::unmor-echan happy to once again make myself aVd1.1able. to tne
Cil,str~ct Attorney s office regarding
I my personal knOWledge of. Lhe
cOurse of events regarding the evening of' March 23, 1996. Please
J.0 no't hesitate 1:0 contact me at (316}524-4277. On the behalf of
~-c.maine and Rikki, I thank you for your attention to this matter
.'Lnce.re.ly,