Robin Shaffer was shot and killed by her estranged husband three years ago in Quakertown. She never knew her husband had a history of violence or had once before tried to kill his ex-wife.Robin's sister, Heidi Markow, started the Beginning Over Foundation, a grass roots group to cast a public spotlight on the tragedies caused by domestic violence. She has advocated for adoption of Robin's Law, which would track repeat domestic violence offenders with a statewide registry.
In recent months, Heidi has begun to advocate for specific victims in court, but it appears she has no training. She recently lashed out at a judge and the Northampton County DA for refusing to find Sara Randall's ex-boyfriend in contempt of a PFA order. Sara had seen someone she was unable to identify inside her car and just assumed that person had been sent there by her ex. Randall was a little short on something we call evidence.
After the judge properly refused to find contempt, a petulant Markow decided to call it quits. "I’m stepping down from advocacy." She also slammed Northampton County DA John Morganelli. "I’m done with him."
Apparently, Markow is back.
She has scheduled a news conference on the courthouse steps at 1:30 PM today to demand that Governor Rendell, Attorney General Tom Corbett, Northampton County Courts and DA John Morganelli keep another accused wifebeater, Jeff Polisikiewicz, behind bars. She's bringing his three ex-wives, who aren't too happy with him. He beat each and every one of them. For reasons that totally elude me, Heidi is also bringing someone from Easton Mayor Sal Panto's office. They are upset at Morganelli's decision to dismiss an aggravated assault felony charge in exchange for a plea to seven misdemeanors. Polisikiewicz, incidentally, currently resides at Chez Northampton.
Interestingly, the one person who Heidi failed to inform about this news conference is District Attorney John Morganelli.
I contacted him last night, and he defended the plea agreement. "The plea is an EXCELLENT result for the Commonwealth because it gives the judge optimum sentencing authority to give Polisikiewicz a long sentence if the judge so desires. All the victims will be heard at the plea and sentencing - they can ask for max on all charges!! They are unrealistic because they want a life sentence for the guy or 20 years. That that will not happen, even with a felony conviction. No bargain was made on sentencing -- that is up to judge with input from the victims. The misdemeanor ones carry a max of 5 years!!"
He also told me it would be difficult to get a conviction on an aggravated assault charge. The victim failed to seek medical treatment for ten days after the assault and only had bruising/soft tissue injury. She made no report to police until nine days after the incident. She has told the PFA office, in writing, that prior alleged assaults were "overblown" or did not happen. She asked to have a PFA dismissed. In a trial, she would be crossexamined on her written statement.
I also spoke to Jackie Taschner, the assistant DA prosecuting this case. "I'm a prosecutor, not a persecutor," she told me. While expressing empathy for Markow's dedication to domestic violence victims, Taschner told me she has to consider what will actually fly in court. She mentioned a recent case in which some abuser actually nicked his girlfriend's artery with a knife and she had to be medivaced. The jury would only convict the Defendant of recklessly endangering.
Markow certainly has good intentions. Domestic violence is very real and Heidi does a public service by drawing attention to the problem. But so do prosecutors and judges. I have to question whether she is calling a news conference or whipping up a lynch mob.
41 comments:
I believe as an advocate, she may seem to be unorthodox and uninformed, but no one can argue that she is definitely needed. I believe she needs to network and find allies that can educate her in the "rules of the game".
It seems she may not have the education (letters behind her name)but her will and drive should make up for this. I wish her well on this journey. Giving a voice to the voiceless is NEVER easy. It will be hard, but it can be done...
Alfonso Todd
Who is the woman in that photo?
It's plain to see you are stroking the DA after your critical comments from the day before re: Severson. Glad to see you've made up.
Today, you give the DA and his staff lots of space and quotes to defend themselves. (Geez, Bern, you even have the DA speaking in CAPITAL LETTERS with !! marks).
Hmmmm. Where's the opposing side's quotes? No need, you let the DA speak for her ("she wants a life sentence for the guy...").
Will you attend the news conference and give her her due then?
It is more important for these partisan, political DAs to have a head count. As in they get scum bags to plea bargin in return they rat others out for stuff or plea for a simple conviction.
DAs then use the numbers of "Guilty" for the next election.
DA's being a elected office makes it rather sleazy.
Look at Central PA where one asshole teen who helped kill a spanish guy because, Lou Barletta and Lou Dobbs make it sound like any spanish looking person is a illegal imigrant "stealing our jobs".
Nothing like cutting a deal with a homicidal racist.
Morganelli is no better.
Rarely agree with Spike, but after the way Morganelli dismissed Severson's conviction and snarked the AG's office, questions should be raised about how seriously he takes other crimes.
If this case could land him on Bill O'Reilly, he'd be right there with make-up on.
"Who is the woman in that photo?"I do not know.
Problem is as advocates pointed out for years. 'Domestic Violence', in the legal system is treated differently (with many prosecutors) than other victims of violence. In Pa. most of the domestic cases, the prosecutors are more likely to prosecute under civil laws then criminal laws (2 separate courts). Protection from Abuse Orders in Pennsylvania are under the civil law system.
Pa. Overview of Civil vs. Criminal LawEXAMPLE:
The Oklahoma domestic violence statute states as follows:[A]ny assault and battery against a current or former spouse, a present spouse... as the defendant shall be guilty of domestic abuse. A convicted defendant faces a misdemeanor-level of punishment for an initial conviction, which means a $5,000 fine and up to one year in jail. A second conviction is a felony, which can result in four years in prison and a $5,000 fine.
Mr. O'Hare:
I am Michele Hawk, Jeffrey Poliskiewicz's first wife. The comments written in the article are omitting important facts. I believe that Heidi Markow is extremely educated in domestic violence. If she does not know the answer she seeks out a qualified person who can answer her question and uses the advice to strengthen her case.
As far as the press conference today this is a public outcry for the Governor's help to keep a violent man behind bars. The reason I am attending this conference is to protect my 14 year old daughter who was suffocated by her father Jeffrey Poliskiewicz which caused her to stop breathing briefly. He also spit in her face. These violent acts were all committed against myself, wife 2, and wife 3. Finally Heidi did speak with Jackie Tashner the assistant DA about the press conference which baffles me as to why Mr. Morganelli claims he was unaware of this press conference. I work and when an important issue is brought to my attention I immediately inform my boss. Is there a broken line of communication in the DA's office? Also Jackie Tashner sent an email to Heidi informing her that no victims would be permitted to speak at the hearing on Friday. I believe that these are important questions that should have been answered before an article of muckraking was slung. Thank-you,
Michele Hawk
"Rarely agree with Spike, but after the way Morganelli dismissed Severson's conviction and snarked the AG's office, questions should be raised about how seriously he takes other crimes."Morganelli is dead wrong about Severson, but the criticism of the way his office handles domestic violence is really misplaced. Markow is holding a news conference to demand a tough sentence for some guy, but does not invite the DA, the person who understands what is going on best?
Markow is a dedicated person who cares and has suffered her own tragedy. But she also does not seem to understand that it is difficult to prosecute these cases when the evidence is nonexistent or the victim constantly changes her mind.
Spike, I don't know what you're talking about. If Morganelli is such a headline grabber, why ius Markow the person calling a press conference. And like it or not, the use of plea agreements is standard everywhere. There is no way any prosecutor could handle the thousands of cases in Northampton County if everyone demanded a trial. That's simple reality. In the end, it makes no difference bc a judge usually finds a way to impose a sentence that is appropriate.
LVCI,
This is a criminal case. The Defendant has been charged with 8 criminal offenses and is behind bars.
Michele,
I don't dispute the contention that your ex is a violent offender and he is behind bars. I was told, both by DA Morganelli and by ADA Jackie Taschner in two separate conversations, that neither had any idea about today's news conference. Are they both lying? Why would both lie?
I also find it difficult to believe that the DA told anyone that the victim would not be permitted to speak when the DA said the exact opposite last night.
Basically, this news conference is being acalled to pressure Morganelli against withrowing a felony aggravated assauilt when the Defendant is still pleading to other charges. Did the victim wait 10 days to seek medical attention or not? Did she wait 9 days before going to the police or not? Were the injuries basically soft tissue injuries or not? Did she previously sate, in writing, that other claims of assaault were overblown?
I know this often happens in domestic violence. Injured spouses feel ashamed or desperately want a failed relationship to work. I think Heidi could better serve her clients by making them think twice before dropping PFAs and doing the things that damage a prosecution down the road.
Thank you for writing.
First off Mr. O'Hare, we are not demanding anythning, if you read the Media Alert properly it says that we are pleading with the Governors office and the AG. And I do always tell victims to not drop PFA's. It is a shame that when you spoke to me a few months ago you were understanding about this case. I also remember you saying "Heidi Mr. Stoffa said that if what you are saying is 40% true then the DA's office is in trouble", I then said "Bernie, I am 100% telling you the truth". It's ironic that you were on our side then, I guess I should also educate myself on the games that you good old boy's play. I am not here to protect the DA"s office, I am here for the victims. We are not going to have a lynch mob...we are coming in peace to plead for help and for the community to hear the victims side of the story. I also didn't know I had to have a law degree to be an educated victim of domestic abuse. Oh, I can't spell either...nor can I write very well...but I do have empathy for true victims of domestic abuse. Justice will only be achieved when those who are not hurt by crime get as angry as those who are...--King Solomon...
Ms. Markow,
We did speak in March. At that time, I did pass on what the exec had told me. He did say that if 40% of what you said was true, then the DA is in trouble. But what I learned in that conversation, after questioning you closely, is that 40% of what you are saying is not true.
I do not question your dedication to victims of domestic violence. But I do question your understanding of the whole process. For example, you seemed to think the DA has some obligation to respond to a claim that someone is shooting bullets in a window or other acts of violence. But it is not his job to investigate and make arrests. That is the province of the police department. Also, it appears that you do not understand that it is impossible to hold someone in contempt of a PFA when there is no evidence that he violated it. You can't just guess about that sort of thing.
I am very disturbed that you would announce a news conference to pressure the DA's office without even notifying the DA of your intentions. That is certainly your right, but it also speaks to your motives here.
Instead of drawing attention to the very real problem of domestic violence, you are questioning an exercise of prosecutorial discretion in one case. Did the victim wait 10 days to seek medical attention or not? Did she wait 9 days before going to the police or not? Were the injuries basically soft tissue injuries or not? Did she previously sate, in writing, that other claims of assault were overblown?
I don't think you serve the victim or your cause by challenging what appears to be a reasonable exercise of discretion.
I have no doubt you are being 100% truthful, but also think your passion for this cause prevents you from seeing clearly. I spoke w/ the DA and Ms. Taschner last night. What they are saying is completely different from what you are saying. They understand your goal and both commend you. But you don't seem to understand their goal.
And yes, if you are going to start telling a DA how to negotiate a plea agreement, it might help to have some training in that field. I'm sorry to be blunt, but there it is.
Bernie, you would have to know and see all the evidence in the case you refer to. And I do know what the DA's office is suppose to do. Again, you should know that whole facts. If someone made a threat on your life..then a week later bullets were flying at your head through a window...wouldn't you basically know or at the least think it was that person.
Let's stick to the Poliskiewicz case, three wives...same story...come on Bernie.
And no I did not contact the DA's office regarding the press conference because what good could have come out of that. One of the victims asked me not to because they were never informed by the DA's office regarding a lot of things. One thing I can promise is that I am coming in peace today, with one goal...finding the victims a little peace of justice.
When you have a few days maybe you would like to become that acdvocate that is educated on the law and work for free and help these victims that were not heard. I do my work with my heart, and if that is going to cause a problem then I guess I will prepare for it.
Thank you for shedding light on this case.
Respectfully,
Heidi
According to the comment posted by Ms. Hawk, you told her the DA's office was informed. Now you are claiming they were noty informed because no good would come of that.
Which is it?
And lots of good would come from working with prosecutors instead of against them. They are not your enemy. If you recall, I mentioned that to you the first time we talked. I think you have a misconception.
If bullets came flying through my window three days after I complained about someone, I would think it was the person about whom I complained. But that would not prove it. This is where you fall short. And you seem to think the DA is some sort of police force. That office prosecutes cases presented by the police.
Heidi, I give you all the credit in the world for trying to do the right thing. So does the DA. But I respectfully suggest you need to reconsider your approach.
Mr. O'Hare:
I am not calling anyone a liar but there is confusion between the DA's office and the victim's. The DA office was informed about the press conference and I have nothing to hide. I do not want Jeffrey Poliskiewicz to harm our daughter any further. I do have a question Who will be the judge tomorrow for this hearing? Judge Smith who upped his bail should sentence Jeffry since he has heard the case. Consistency of Judges hearing the cases goes back and forth which causes miscommunication which is the true problem. I went before 5 different judges and 3 different custody masters over the course of the last 8 years now that is why justice has not been served. Thank-you
Michele Hawk
Michele,
Your claim has been refuted by 2 DAs and Heidi Markow herself.
As far as asking for a specific judge, what's really going on here is judge shopping.
Mr. O'Hare,
My approach always depends on what the victims want. I don't think I have ever steered them in the wrong direction. In fact, unitl now victims voices were not heard. I also think you should know that I have tried and will continue to try to work with the prosecutors, the only promblem they don't seem to want to work with me due to my willingness to speak out for the vicitms.
I too have respect for the work our courts do. In this case, things went wrong...really wrong.
I did call someone in the DA's office and left a message saying that I needed to know what was going on because the victims were calling me for help. I mentioned that I didn't want to do anything until I knew the facts. With that being said, I had a return message on my phone saying "girlfriend you need to do what you gotta do". I apologize for not letting them know what it was that the victims wanted to do.
I tend to do what is right for the victims...and also try to do it with respect.
I will take your advise and in the future consider a different approach even though this has worked for all the victims thus far.
Whatever the outcome...you heard us. And peopel are paying attention now.
Thank you.
I can only speak from experience. In LC the ex's mother-in-law sought justice from the LC's DA office. He pawned us off on an assistant DA who made it more then obvious HE was more interested in looking up my ex's skirt then helping. Made comments right in front of me... and massaged her shoulders from behind where she sat.. BALLS!
This was years ago, so this isn't towards anyone down there at this time. But BUYER BEWARE. With domestic issues, in many cases it's not taken as a serious crime. And DA's aren't always the good guys.
LVCI,
You present an abberation, not the norm.
Heidi,
I simply can't believe that anyone in the DA's office would leave a message with you saying, "Girlfriend, you need to do what you gotta do." That's ridiculous.
It is saved in Heidi's voice mail. You are welcome to call and listen if you like. Thank you for concern.
I have heard this message with the first wife, Michele and Melissa. Heidi is a honest person representing abused victims. Please stop the petty lies and stick to the real story. Why would three wives lie? Start looking for the truth. No more lies, please. We do not have time for this, because Heidi is protecting domestic violence victims who are at near death when they call her. Who else in this community can the victim reach out for. Heidi is the only one who steps out for the victims.
Bernie O'hare twisting the truth about a case concerning three physically abused women?
I'm not surprised. He has changed sides so many times on so many issues and so many people that he can't keep track of which side of his face he's talking out of.
Interesting that the DA's statements to Bernie present only part of the truth. Until Melissa's story came out in the press in Jan 2009, the DA/ADA would not respond to her numerous calls asking them to discuss her case. Melissa's lawyer took her money for 6 months and told her that the DA/ADA told him to tell her not to call their office and they did not want to meet with her.
The DA does not seem to understand domestic violence and that is why he left out the other half of the story as Paul Harvey would have said. As the mother of Melissa, I will always know why it took Melissa, 9 days to report the assult to the police and 10 days to seek medical attention. Before 7AM on Friday April 11, Melissa called me crying and in a state of fear and panic for her life and the life of my granddaughter, Shelley. She was in a state of such fearful anxiety that I was terrified for her. She was trying to remove clothing, their cat and themselves from the house before Jeffrey Poliskiewicz returned home. He kept calling her from work to check on what she was doing. That day was the first day in 9 days Jeff had gone to work and left her home alone with a phone. Thank God for that! It was that day that I knew why my many calls and messages to my family were not returned. She had been imprisioned in their home and watched every minute of the day by Jeff since he brutally beat her in the barn 9 days earlier and broke her coccyx bone. Her toe was broken before that when he stood on her feet with his size 11 construction boots to keep her from trying to leave the house because she was his "POW." Her toe hurt her but she did not learn it was broken until much later. Melissa can show you the Xrays if you need proof.
Do you and the DA understand what it was like for POW John McCain in war? Well,it was no different for Melissa except it was right in your community, not in Vietnam. The victim of Jeff's kind of abuse is brainwashed, fearful and rendered helpless. As we much later found out, Jeff had some experience doing these things before, just ask Michele and Marlena.
It took Melissa nine days for her first safe opportunity to get herself, her daughter and their cat away from this criminal. I talked to her almost the entire day to help her find the courage to go into the courthouse to file the PFA. She was fearful of all police adn law enformecemnnt since she was threatened to be arrested by the deputy sheriff if her father, mother or brother called them again to ask for protection for her. When she finished at the courthouse she had to try to figure out where to go that he would not find her and who would take their cat in because shelters would not. The police did not give her any brochures on domestic violence or shelters.
It was not until the next day (day 10)that she had time to seek medical evaluation for the pain she had when trying to sit and found out her coccyz bone had been broken in the barn beating. In his statement the DA implies criticism for her not reporting it to the police in their time frame. How could she?
As to Melissa's stating in writing that "other claims of assault were overblown" and your statment that "she constantly changes her mind", the DA disregards that Melissa testified in the bail hearing that Jeffrey told her what to say and coerced her to write out his statement to get the first PFA removed. Now you have some of the other half of what happened.
My life has been changed as a result of her experience and will never be the same. Think what this has done to my daughter and graddaughter, Jeff's own daughter and his first two wives. How many times does he have to do this or worse before the justice system acts responsibly? Accepting a plea bargain does not seem appropriate. If this happened to a member of the DA's family, I wonder if this would be handled differently.
Mom
I wonder if any of you educated people who have "letters" after your name would like to comment on "moms" version of the truth! Nothing but the facts please! DA, ADA, Bernie and all the others who think they know it all...listen up chumps...common sense is half of law....seems like NC county may go down after all. Too bad DA didn't accept the invitation to the press conference today...would he have come if he knew earlier? NO! just another thing for you educated people with "letters" behind your names to complain about. Plus it diverts from the real issue and the truth...happy reading Bearnie...you and the DA make a great team..flip and flop..
Looking at "women's issues" on DA Morganelli's website http://www.johnmorganelli.com/
his focus seems to be trumpeting how many women he has brought into his office, more so than issues of abuse, and rape.
Guns, gangs, illegal immigrants, teenage stripper poles, D-day massacres....those get good press, battered women do not. However, it is easy to make such a cynical statement, isn't it? I should say that while the legal system has made great progess in the past two decades in both acknowledging and prosecuting domestic issues, I don't think society/culture as a whole has been very willing to actually look at what it doesn't want to. And, domestic disputes are typically so emotionally messy, the "truth" and "blame" are often too hard to find, so it is easier to play ostrich. It is probably the dispatch most police officers dread most. Sadly, there are real victims. It is particularly sad to read allegations of a man who abused three wives, and even his own daughter. I think this culturally systemic problem is exemplified in the original post:
"Taschner told me she has to consider what will actually fly in court. She mentioned a recent case in which some abuser actually nicked his girlfriend's artery with a knife and she had to be medivaced. The jury would only convict the Defendant of recklessly endangering."
Lighthouse,
Sadly, these are real victims. But part of the pattern of domestic abuse is perpetual reconciliations, followed by recanted statements, etc. This is what makes a prosecution so very difficult.
As far as Morganelli goes, I am not bashful about slamming him when I think he is wrong. I do not like his ties to Severson. I do not like the way he publicly reacted to that verdict. I have criticized his ties to Abe Atiyeh.
But he is the best prosecutor Northampton County has ever had. He formed a domestic violence unit in 1998 and was a little ahead of the curve on that one. His staff works very hard to obtain justice for the families that suffer from domestic violence.
I will have more about this tomorrow, including some details that respond to some of the specific claims here. This subject merits a second post.
Ladies you came here assuming a fair blog, you were wrong. Once Mr. O'Hare picks public officials he likes that is it no take backs.
He is a pal of Morganelli so all of your claims will be disputed. He will patronize you while at the same time telling you , your wrong. If you want a fair forum this is not the place. Any topic that may implicate Morganeli, Stoffa, Angle and a few others will be unfairly portrayed.
Good Luck. Nice one O'Hare now you attack the credibility of the victims.
Yes Bernie, some cases are perpetual and victims do recant and drop PFA's. That is why you need to be educated about why these woman do this. In this case however the first wife has been asking for help for the past 15 years...and the second...and now the third. Why can't anyone just be honest and admit that they were passing this case off as any other case they thought they could push through the system. If the DA's office had someone like Heidi Markow sitting in an office and listening and talking to the victims I bet there would be a great deal of happy victims. I think just having someone who cares and really listens would make a difference. We all get it, the DA's office is overwhelmed with cases...but victims are still victims and they should each have an opportunity to be heard. Thank You.
That's so true! Bernie and the DA like to attack the credibility of victims and the advocates that help them. Since when has NC ever had anyone stand up for victims of domestic abuse the way Heidi has? it is a sad day, and to criticize Heidi is a shame...she is one of the most educated people on advocacy that you will ever see or hear. I think it is time to make our own blog...and be bias....shame on you O'Hare...back stabbing creep..typical spy trader...but I bet your glad...your blog is getting major hits today and at credible peoples expense and integrity.
Ashley,
While I think Heidi Markow is very well-intentioned and draws attention to important issues, she is very misguided when she attempts to be an advocate for victims. In fact, it is because of Heidi that these victims are unhappy, I'm sorry to say. She gives them false expectations based on her own lack of knowledge of how the system works.
Looking at this specific situation, there are 3 different wives, all of whom were abused. Wife #1 never filed charges. Wife #2 filed charges, but agreed to allow this "predator" to participate in ARD. So now, at wife #3, this dude has NO priors.
He is charged with assault that basically consists of soft tissue injuries. How long should he go to jail? Do you honestly think he'll be going for life or 43 years, as twife #3 is hoping. That will NEVER happen. I can't see this guy in jail for a very long period, but I suspect the sentencing judge will make sure that the probation that follows is very lengthy. And that's the best result, no matter what the charge.
To the anon who points out this is not a fair blog, I am very opinionated. But I do try to be fair. When I think John is wrong, I have never hesitated to say so, and have criticized him pretty harshly, as recently as Wednesday. But he is right on this point.
Tamara,
Heidi is a wonderful person who obviosly cares but is very misguided when she advises specific victims. If you think I'm attacking their credibility, imagine what a defense lawyer will do! Tomorrow, i will discuss wife #3's case in more detail and you will see so many holes in her story that I wonder how the DA was able to get a plea to anything.
Dear Misguided Bearnie,
I have worked with Heidi and I know she is straight forward with the victims. Bet she could could go head to head with you. She does not mislead or give victims false hope because she is their "only hope" and last resort. It is either Heidi or never find any justice. Do you honestly believe your own BS..the story hit your post so I guess the victims got what they wanted. You can repost tomorrow but I can guarantee that honest people won't be here. Won't be back tomorrow O'Hare or ever.
Hey Bernard
Get it straight! wife #1 did file charges, and Mazutes office said there was enough evidence to go to trial. What happened...look back in the archives in the Express Times from 2002. NC did nothing...you need an education.
Wife #1 made that claim today and mentioned an ET article. If they were filed, they never went anywhere beyond the magistrate. And that's why the defendant qualified for ARD when he beat wife #2.
Keep talking in circles Bernie. Got you at your own game! NO, the ADA confirmed with the first wife that they are sorry for overlooking those charges from back in 2002. Maybe you should reconsider what side of the fence you want to be on.
ARD isn't that for non-violent offenders?
Looks like the great O'hare has stepped in it on this one!
I am entirely comfortable w/ every word I've written.
The only reason you are comfortable with every word you have written is because you believe you are God,and therefore infallible.
Not everybody worships at the Altar of O'hare. many of is are hoping you end up burning at your own stake.
And your personal animosity has what to do with the facts?
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