About Me

My photo
Nazareth, Pa., United States
Showing posts with label domestic violence. Show all posts
Showing posts with label domestic violence. Show all posts

Thursday, October 11, 2018

Morganelli Taps Kassis to Lead Domestic Violence Unit

L to R: Lori Sywensky, Suzanne Beck,
Abe Kassis and Dean Wilson 
NorCo DA John Morganelli announced yesterday that he has named veteran prosecutor Abe Kassis to head up the busy domestic violence unit. Kassis' unit handles 15-17% of the entire criminal caseload. Admitted to the bar in 1995, Kassis has been an Assistant District Attorney for the past 18 years.

Kassis is getting help. Morganelli has persuaded Attorney Judy Chaverri, a Berks County Public Defender who graduated from Villanova Law School, to join Team Kassis. She is fluent in Spanish, which Morganelli believes will be a great aid to victims whose primary language is Spanish.

That's not all. Morgaenelli has assigned Detective Dean Wilson, a Bethlehem Tp Police alumnus, to the unit. As a Bethlehem Tp police officer, Wilson developed the "Every 15 Minutes" program, designed to educate teens about the dangers of driving under the influence of alcohol or drugs. Morganelli has charged Wilson with designing a similar program for domestic violence.

These moves are made as part of National Domestic Violence Awareness Month.

When he first ran for DA, Morganelli committed to (1) increasing the number of female prosecutors; (2) expanding a Victim/Witness Assistance Program; (3) prohibiting part-time Assistant DAs from representing parties in protection from Abuse matters; and (4) creating a Domestic Violence Unit.

He has kept all four promises. In fact, 50% of Morganelli's prosecutors are female. 

Abe Kassis
The Domestic Violence Unit has existed for 20 years,and has been led by talented prosecutors who include Martricia McLaughlin, Teresa Miranda, Kelly Lewis, Jacqueline Taschner and Erika Farkas. Detectives assigned to that unit have included Reggie Cora, unfortunately deceased, and Frank Jordan, unfortunately retired.

Since enactment of the Violence Against Women Act in 1994, Morganelli has noticed a two-thirds reduction in the overall rate of domestic violence. But as the criminal caseload suggests, the problem continues.

In recognition of National Domestic Violence Awareness Month, Morganelli was joined by Lori Sywesky ( a NorCo alum) of Turning Point and Suzanne Beck of  Lehigh Valley Crime Victims.

"Unfortunately, the work of this team is as necessary today as it was two decades ago," said Sywensky. "Each year at Turning Point, we continue to help over 2,500 of our friends and neighbors who are living in violent and abusive homes here in Northampton County. Many are just reaching out to our hotline for the first time and learning for the first time that there are options and choices available to them. For many hundreds of people, they will turn to law enforcement and the courts for help. When they find the bravery to do this, it's critical that the helpers - investigators, prosecutors and judges -.understand the seriousness of the danger in these relationships and respond to them with empathy.

"As we celebrate our 40th anniversary at Turning Point this year. we've been asking people to share with us stories about their personal turning points. One in particular really illustrates to me just how powerful this work can be that we're doing. A person named Jan shared with is that she remembers standing in an elevator with a big smile on her face. Someone asked her, 'Why are you smiling?,' and she stated, 'Because I'm finally safe and happy.'"

"Victims and survivors of domestic violence present differently than victims of other crimes," added Suzanne Beck."Many often minimize and recant or even altogether deny their abuse as a result of the power and control that permeates their relationships.Many victims have been physically, psychologically, socially and financially abused for so long that they distrust anyone who tries to help them.

"to help victims regain trust in themselves and in the justice system, it is imperative that the process offers consistency and continuity. Specially trained prosecutors and detectives, just like the ones here, have a better opportunity to build relationships with victims and ensure that consistency and continuity. Domestic violence units like those here in Northampton County are indeed best practises.

'The ultimate goal, the reason we're all here today, is to keep victims safe."

Tuesday, December 13, 2016

Judge Giordano Reinstates Corrections Officer Accused of Domestic Violence

In an Opinion released late last week, Judge Giordano cleared the way for the reinstatement of a fired corrections officer with a history of domestic violence. He had little choice. He was stuck with a record missing some salient details.

Shawn Hoffert, an elected constable in Bethlehem's 13th ward, had also been a corrections officer at Northampton County jail for the past 23 years. But he was fired by Northampton County after an October 17, 2014 fracas with his wife. This has been a pattern. In 2004, he was issued a harassment citation after he allegedly slapped his wife. Assault charges were filed against him in 2006, although it appears that he they were reduced to harassment or dismissed altogether.

In the 2014incident, Bethlehem police responded when Hoffert's wife called 911 and reported that her husband was drunk, had choked her, hit her repeatedly and then threatened to kill her. They observed that she was bleeding from her temple, and she was transported to Muhlenberg Hospital. She later obtained an emergency Protection From Abuse (PFA) Order. In her Petition, she made this statement:
I was sent to the hospital after several open hand hits by Shawn Hoffert on my face. He continued. He slapped my face back and forth from one side to another. He punched me in the eye, causing several stitches, swelling, neck pain, etc. With his two hands he put them around my neck and was choking me. He was banging my head on the floor. He did this 2-3 times. I was gasping for air. While he was doing this, he either said "I'll kill you" or "I can kill you."
Then, as so often happens in domestic violence cases, she failed to appear for her final hearing and the case was dismissed.

When Bethlehem police arrested Hoffert, they administered a breath test. He registered a 0.157, about twice the legal limit. He admitted drinking, said his wife started the fight and he may have pushed her once to get away. He also claimed she "had a way of producing her own injuries."

Hoffert was charged with terroristic threats, simple assault, simple assault/physical menace and harassment. He ultimately pleaded to four summary charges of harassment and was placed on probation for 360 days.

At his arbitration hearing, he denied abusing his wife and described himself as a pillar of the community. A union VP testified that Hoffert was told by former Corrections Director Arnie Matos that he'd get his job back if the criminal charges "went away."  But Director Dan Keen, who succeeded Matos, had a different view and fired Hoffert.

In his Opinion, Arbitrator Thomas G. McConnell concluded that Hoffert did engage in acts of domestic violence, but determined there was insufficient evidence to establish physical violence or a death threat. He noted her absence, although that is common in instances of domestic violence. He ordered Hoffert reinstated without back pay.

Though it was an uphill battle, the County appealed the Arbitrator's ruling. Labor lawyer Dave Steckel argued that "it is inconceivable and morally reprehensible that a person who displayed (on multiple occasions) such little regard for the safety and well being of a female should be placed back in charge of an inmate population."  He added that reinstatement "presents a substantial risk of harm to the inmate population, particularly the female inmate population, as well as to the female Corrections Officers and other female staff, due to Mr. Hoffert's troubling history of committing physical violence against women, and further it unnecessarily exposes the County to significant potential liability in the event Mr. Hoffert once again exhibits physically abusive behavior towards women."

Domestic violence is an epidemic affecting one out of every four women. The overwhelming majority of female prisoners - 82% - sufffered serious sexual or physical abuse as children. There is a compelling public interest, obviously, in preventing those who prey on women, either physically or sexually, from ever becoming or remaining a corrections officer.

Judge Emil Giordano, disturbed by these allegations, initially remanded the matter back to the Arbitrator, who stuck by his initial decision.

And Judge Giordano was stuck with a lousy record. "[T]he record itself essentially limits this Court in its ability to make a factual finding that Mr. Hoffert would be a danger in the workplace," he writes. All that the County could prove was that there was an altercation that resulted in a guilty plea to four summary offenses. Mrs. Hoffert never testified, nor did any police officers. "[M]ost of what the County presented was hearsay or double hearsay without any evidentiary exception."

Judge Giordano also noted that Hoffert had been suspended without pay for eight months. But he struggled in reaching this conclusion, and for good reason. As he himself eloquently observes,
This Court cannot stress enough how seriously we take all allegations of domestic violence, particularly due to our unique ability to sentence abusers and protect victims of this abhorrent crime. Despite this Court's feelings on the subject, however, it is the law that we must follow ... .
The County should be credited for fighting this losing battle. It failed to produce the one thing Judge Girodano needed - evidence.

Thursday, June 16, 2016

With School Out, Domestic Violence Spikes

Most schools released their students for summer vacation last week. This, combined with a beautiful weekend and graduation parties, resulted in a spike in domestic violence. On Monday, over 30 people, most of them mothers and children, marched in to the Protection From Abuse (PFA) Office, seeking relief. In the afternoon procession to a judge, there were so many people that it took two elevator trips.

"It was nuts, just nuts," said one PFA clerk. She believes a record was set, and notes there is always a rise in PFAs after parties involving alcohol.

The Superbowl is a big one," she noted.

Monday, May 09, 2016

Domestic Violence Should Never Be Swept Under the Rug

Bethlehem City Council member Olga Negron-Dipini was allegedly assaulted recently by her husband, Juan DiPpini. He faces misdemeanor assault charges, and his preliminary hearing is scheduled for May 13. In addition, a temporary Protection From Abuse Act Order (PFA) was entered against him by Judge Jennifer Sletvold, and was made permanent by Judge Paula Roscioli in an Order filed on May 4. Should this have been kept from the public? Negron-Dipini, according to some, was upset when The Express Times initially reported his matter, but then spoke publicly about it. The more attention drawn to domestic violence, the less likely it is to occur.

Here's what one reader thinks.
The local Express-Times newspaper reported a story about a City Council member being assaulted by the member's spouse. They also reported the victim's name. I find this reprehensible. The newspaper generally does not post names of domestic violence victims, but in this case they choose to do it. This is horrible. Just because one is an elected public official, they should still get the right to privacy when it comes to an issue like this. I pray that the City Council member is okay after this attack.
The reader is completely wrong. In Jim Gregory's very well publicized PFA contempt proceedings, his ex-girlfriend I saw no public hue or outcry over that, even though she is a private figure. And domestic violence should be publicized to draw attention to the problem, whether it is a corrections officer at the jail who beats his wife up, a police chief in Washington Tp who does the same thing or a Bethlehem City Council member.

If the victim is subjected to stalking or harassment, then I could see the need to keep his or her address from public view.  But when people try to sweep domestic violence under a rig, they just enable it. .   .

Tuesday, November 25, 2014

Bethlehem Begins Thanksgiving Week With a Homicide

Thanksgiving week in Bethlehem started with a homicide. On November 24, shortly before 2 am, 911 dispatchers received a call from Ebony Anniqua Jones, age 31, of the 1200 block of Wodbine Street. She informed them that she had just thrown a knife at a male visitor. That male visitor, Ismael Bonets, age 37, was pronounced dead less than an hour later. The deceased and Jones were the parents of a six year old girl. Jones has two other children, and all three lived with her. Bonets had come from New York City for a parent-teacher conference.

Detective Moses Miller stated that there was no record of prior incidents at the Jones home, and that her three children (aged 6, 9 and 11) were being looked after by friends.

Jones admitted the stabbing.

"It is a clue to a holiday," remarked Chief Mark DiLuzio, "We don't want to see this kind of thing." Northampton County District Attorney John Morganell called the case "a real tragedy. The caretaker of these three children is now in custody."  He authorized thefiling of a general charge of homicide, which could range from first degree murder to involuntary manslaughter.

Morganelli and Bethlehem police urged people who feel the pressure of the holidays to seek help. There are a lot of resources in the Lehigh Valley," Morganelli noted.

The domestic violence hotline number is 1-800-799-7233. "No fees, no names, no judgment. Just help."

Thursday, December 19, 2013

A PFA Won't Stop A Bullet

A month before a Bethlehem mother was gunned down in front of her three children, she made a public plea for help from the Northampton County judicial system. And she got it. Thida Myint, originally from Myammar, was granted what is called a Protection From Abuse Act Order.

Pennsylvania's Protection From Abuse Act (PFA) was adopted because our criminal law is inadequate for dealing with the violence that sometimes arises in a domestic environment. Police are reluctant to get involved, especially when battered wives drop charges only days after they are filed. So this domestic, non-criminal law was adopted. It includes a temporary protection order, which can be issued based on the testimony of just one person, to provide some basic protection from violence, as well as a cooling off period.

Opponents of this law claim it used as a tool of revenge.

Here are the facts.

1) PFAs have declined in Northampton County. - In 2000, there were 1,238 PFA actions. In 2012, the number was 1,038. Given the change in population, there has been a decrease in people seeking PFAs. In 2000, one out of every 216 people was forced to seek a PFA. But last year, it was only 1 in 288.

2) Over half of the PFAs filed are withdrawn or dismissed. - A study of 200 PFAs filed this year reveals that over half of them (117) are withdrawn, dismissed or just expire. 67 were simply withdrawn, in some cases, even after a final PFA Order has been entered. 43 were outright dismissed for insufficient evidence after hearing. 7 cases, emergency orders from a Magistrate's office, simply expired with no further action.

In many of the withdrawn cases, the files contain photographic evidence, showing that violence did occur.

Judges are reluctant to allow a battered spouse to withdraw a PFA. Judge Paula Roscioli, for example, has denied motions to withdraw PFAs. Senior Judge Lawrence Brenner, the jurist who granted Myint's PFA, also rejects motions to withdraw PFAs.

3) PFAs are often very limited in scope and duration, with the focus on minimizing family violence. - Although a PFA can last as long as three years, judges are reticent to make them last that long, especially when children are involved. They usually impose a shorter duration and often allow limited contact between mothers and fathers for visitation purposes with children.They appear to be particularly concerned about children. In one case, where a mother commented in passing about unexplained bruises on her children, Judge Michael Koury requested that they be brought to him that very day so he could ensure there is no abuse.

4) Some PFAs are agreed orders. 14 of the 200 matters reviewed resulted in agreed PFAs.

5) Contempt of a PFA is uncommon, but not rare. Of 200 cases, contempt proceedings were filed in only 17 of them.

6) Jail is rare. - Of the 200 cases studied, only 2 jail sentences were seen. One was for 24 hours and another was for 90 days.

7) The PFA staff is very helpful. - This staff helps in the preparation of complaints, and accompany parties to the courtroom and ensure that Court Orders are timely delivered to police and Sheriffs.

8) A PFA is no insurance policy. - Myint's husband, Win Win Htut, was ordered to stay away from his wife and their three children. He was ejected from their Central Park Avenue residence in West Bethlehem. Sheriffs were even directed to seize his guns, and they did. After the matter was transferred to Lehigh County, the order was made permanent.

The next day she was killed, allegedly by her husband.

From court documents, these are some of her last words:

"[My daughter] was talking with me about colleges and the cost of going to college. [She] started crying about the situation and her father heard this and he got really mad ... . He stated that we are unlucky and this is why he can not make money doing his job. ... He punched a hole in the living room wall - right next to [my daughter's] head. Then he smashed some glasses in the kitchen by throwing them on the floor. Then he started screaming at [my daughter] to get out of his house and leave. [She] stated she would call police and he yelled at her some more and was cursing at me and yelled at [her] to get back in the living room. He stated that he would kill everyone in the house because he will not be able to control himself. Then he called his parents because he knew that he was out of control. He stated that he does not want to live with us anymore. [My daughter] went downstairs and called police and police came out and police told him to leave for the night. Police advised us to file for a PFA Order -so he can not hurt or threaten us anymore.

"He stated he didn't trust me with the kids and he tried to blame everything on me. We can't leave the house at all. The kids can't go play in the yard or even the balcony. Get questioned for staying after school. Can't see friends outside of school. 

"About 2-3 times a week, he will yell and scream at everyone in the household and then he will break things. He states I hope all of you end up dead. ... I can't even go grocery shopping without him."   

Tuesday, September 03, 2013

Some Facts About NorCo PFAs

Many of my recent posts have focused on Pennsylvania's Protection From Abuse Act (PFA). That Act was adopted because our criminal law is inadequate for dealing with the violence that sometimes arises in a domestic environment. Police are reluctant to get involved, especially when battered wives drop charges only days after they are filed. So this domestic, non-criminal  law was adopted. It includes a temporary protection order, which can be issued based on the testimony of just one person, to provide some basic protection from violence, as well as a cooling off period.

Based on some disinformation being spouted on the AM airwaves by Jim Gregory, Brian Bind and Tricia Mezzacappa, I decided to do some research into the law as it applies in Northampton County. They claim that the PFA process is used as a tool of revenge. Here are the facts.

1) PFAs have declined. - In 2000, there were 1,238 PFA actions. In 2012, the number was 1,038. Given the change in population, there has been a decrease in people seeking PFAs. In 2000, one out of every 216 people was forced to seek a PFA. But last year, it was only 1 in 288.

2) Over half of the PFAs filed are withdrawn or dismissed. - A study of 200 PFAs filed this year reveals that over half of them (117) are withdrawn, dismissed or just expire. 67 were simply withdrawn, in some cases, even after a final PFA Order has been entered. 43 were outright dismissed for insufficient evidence after hearing. 7 cases, emergency orders from a Magistrate's office, simply expired with no further action.

In many of the withdrawn cases, the files contain photographic evidence, showing that violence did occur.

Some judges are reluctant to allow a battered spouse to withdraw a PFA. Judge Paula Roscioli, for example, has denied motions to withdraw PFAs. Recently, Senior Judge Lawrence Brenner has also started to deny motions to withdraw PFAs.

3) PFAs are often very limited in scope and duration, with the focus on minimizing family violence. - Although a PFA can last as long as three years, judges are reticent to make them last that long, especially when children are involved. They usually impose a shorter duration and often allow limited contact between mothers and fathers for visitation purposes with children.They appear to be particularly concerned about children. In one case, where a mother commented in passing about unexplained bruises on her children, Judge Michael Koury requested that they be brought to him that very day so he could ensure there is no abuse.

4) Some PFAs are agreed orders. 14 of the 200 matters reviewed resulted in agreed PFAs.

5) Contempt of a PFA is uncommon, but not rare. Of 200 cases, contempt proceedings were filed in only 17 of them.

6) Jail is rare. - Of the 200 cases studied, only 2 jail sentences were seen. One was for 24 hours and another was for 90 days.

7) The PFA staff is very helpful. - Far from being "lazy", as they were portrayed by Tricia Mezzacappa, this staff has always been helpful to the victims of abuse. Not only do they help in the preparation of complaints, but they accompany parties to the courtroom and ensure that Court Orders are timely delivered to police and Sheriffs. They see the abuse first hand, every day, and you could not pay me to do what they do.

Thursday, May 17, 2012

How the Hell Can Dent Stand Congress?

LV Congressman Charlie Dent is pretty good about sending out news releases, explaining his votes on various issues. Last night, his office forwarded a news release in which he explains his vote in support of a House bill to reauthorize a law protecting women from domestic violence.
“Reauthorization of the Violence Against Woman Act will undoubtedly improve our nation’s ability to combat domestic violence and protect its victims. While the version of this legislation passed earlier this year by the U.S. Senate is worthy of support, I voted for H.R. 4970 because its passage in the House brings Congress a step closer to completing work on this important matter. Now, the two chambers must work together to reconcile differences in their approaches to VAWA reauthorization.”
Sounds like pretty basic stuff, right? Not in Congress, where up is down and left is right.

This bill, which has breezed through Congress in previous years, largely went along party lines this time. Democrats claim Republicans hate women, even though some of them are even married. Republicans accuse Dems of playing politics.

The Christian Science Monitor sifts through the political rhetoric and explains the difference between the House and Senate versions.
* The Senate adds language that explicitly mentions gay and transgender Americans for protection, while the House version is gender neutral. Republicans contend that their measure allows all Americans to receive protection because it does not specify who qualifies for various programs. Democrats, however, say that local law enforcement could use the lack of specificity to discriminate against gay or transgender people.

* The House bill does not include a Senate provision that would allow Native American women to take American citizens who abuse them to court within the tribal legal system. Republicans say that the Senate measure is unconstitutional and replace it with a proposal that allows Native American women to apply for protection orders from local US courts. Democrats contend that without the Senate’s proposals, Native American women abused on an Indian reservation are often left without legal recourse.

* The House bill does not allow for a path to citizenship for illegal women who have been abused and agree to cooperate with the police investigation of the crime. Moreover, it holds the cap on temporary visas offered to women cooperating in legal investigations to 10,000, below the Senate’s increased 15,000 level. Republicans say the citizenship provision is akin to amnesty for illegal immigrants. Democrats, on the other hand, say that women fearing deportation may never come forward to take abusers off the street under the House bill.
Dent has no strong objection to the Senate version, according to his statement. Conciliatory by nature, this type of political rancor has to drive him nuts.

Thursday, July 14, 2011

Should a Policeman or Fireman With a PFA Be Required to Notify His Boss??

Let's say you're separated from your husband. He's already got a drinking problem. Now, he begins texting you 200 times a day, leaving vile messages. Let's say he kicks in your door, and throws something at you, drawing blood. Let's say he throws you around a bit and knocks you unconscious, forcing you to go to the hospital for stitches. Let's say he also has an arsenal of firearms, including four shotguns.

Would you want a person just like him responding when you call emergency personnel to complain?

That's why I think any police officer, fireman or other emergency responder should be required, as a condition of continued employment, to report PFAs that have been filed against them.

At this time last year, a local firefighter was engaged in the very kind of abuse I've just described. A PFA was sought and obtained. No article appeared in any newspaper. So far as I can ascertain, no disciplinary action was instituted. Because this is a year old and the PFA has now expired, I'll keep his name and the municipality where he works to myself, at least for now.

But I wonder whether local municipalities have policies concerning this kind of behavior. I have asked a few, and am waiting for some answers.

What do you think?

Friday, April 17, 2009

Domestic Violence Advocate More Interested in Headlines Than Justice


Surrounded by cardboard silhouettes of domestic violence victims and whirring cameras, Beginning Over Foundation's Heidi Markow was the center of attention yesterday, calling on both Governor Rendell and the Attorney General to take over the wife-beating prosecution of Upper Mount Bethel's Jeffrey Poliskiewicz. Poliskiewicz is scheduled to plead guilty today to seven of eight charges filed as the result of an alleged 2008 assault on his wife. A felony assault charge will be withdrawn, but Poliskiewicz will plead to simple assault, terroristic threats, reckless endangerment, unlawful restraint, false imprisonment, stalking and harassment.

That's not good enough for Markow or victim Melissa McShane, who told me during yesterday's news conference that she would only be satisfied by a 43 year sentence. Neither McShane nor Markow seems to understand that sentencing is a judicial, not prosecutorial, function. It's unlikely that a sentence like that would be imposed, even if Poliskiewicz admitted everything. And after yesterday's dog and pony show orchestrated by Markow, I'd be surprised if Poliskiewicz pleads guilty to anything. You see, Defendants have advocates, too, and Markow's stunt may have poisoned would would have been a good result for the Commonwealth and Melissa, the victim of this assault.

Let me give you some background. Poliskiewicz is clearly a wife beater who has victimized all three of his past wives. But he comes into this plea agreement with practically no record of prior offenses, partly because the nature of domestic violence is such that victims are unwilling to pursue criminal charges.

Poliskiewicz undeniably assaulted his first wife, but those charges never went anywhere. When he assaulted his second wife, she agreed to allow him to participate in ARD, a special program for first time offenders in which charges are dropped after a successful probationary period.

This brings us to Poliskiewicz's third wife, Melissa McShane. It's been a very stormy relationship.

February 24 (2008): Two state troopers responded to a domestic violence call placed by Melissa's daughter. At that time, Melissa was reluctant to pursue any prosecution, noting she had only been married for two months and that her husband had never been violent before this incident. Troopers told her about the PFA (protection-from-abuse) process, different women's resources she could use and provided her with a Victim/Witness assistance guide. They also chargedd her husband with summary harassment, but Melissa never appeared at the hearing.

February 28: Three troopers responded to another call from Melissa's daughter. This time the couple was interviewed separately. Both indicated their argument was strictly verbal, and the state police saw no signs of physical abuse. Melissa told them she was leaving to stay with a relative.

February 29: Poliskiewicz and Melissa file dueling PFAs against each other. Poliskiewicz claims Melissa is taking things from his house, and is advised by state police to call his lawyer.

March 17: Melissa asks the Court, in a handwritten letter, to dismiss the PFA. She claims things "get blown out of proportion and we are very sorry to get the courts involved." A copy of this letter is below.



April 2: Alleged assault. There is no report of this incident to any police officer.

April 11: Melissa's dad asks troopers to check on his daughter, and two troopers arrive at an empty house. They learn that Melissa was at the courthouse, and had obtained a PFA based on the April 2 assault. She makes no call to the state police to report she was assaulted and makes no request for police assistance.

April 11: Troopers call Melissa's cell phone to see if she is alright. She returns their call and makes no report of an assault nor does she request to see a trooper.

April 12: Ten days after the assault, Melissa seeks medical treatment. She is ex-rayed and no fractures are diagnosed. She is advised to apply ice to evident soft tissue injuries.

April 12: Melissa calls to report Poliskiewicz driving an ATV through the property in violation of the PFA. She also reports finding weapons that Poliskiewicz failed to surrender to Deputy Sheriffs after a PFA was filed against him. Troopers seize the weapons. They seize Poliskiewicz, too, and turn him over to deputy sheriffs for contempt charges.

January '09: Domestic violence advocate Heidi Markow gets involved. She and Melissa meet with Morganelli concerning the April 2 assault, and he agrees to file charges. Morganelli describes Poliskiewicz as a "serial abuser" who preyed on women at match.com. Poliskiewicz is arrested and imprisoned because he's unable to post $300 thousand bail. Morganelli assigns his Domestic Violence Unit, which he established in 1998, to handle the prosecution.

February 9: Domestic Violence Advocate Heidi Markow issues a news release claiming that police "repeatedly ignored" Melissa's claims of abuse. Markow goes on to claim "police aren't talking even though their silence is a disservice to [Melissa] and the public at large." She commends DA Morganelli.

February 24: Poliskiewicz is depicted as an "online predator" in an NBC10 report entitled "Dark Side of Looking for Love on the Internet." He met his third wife at match.com.

March 23: Markow claims, in a domestic violence blog, that state police reacted to Melissa's story "with indifference -- and inaction."

Yesterday, instead of blaming police, Markow was wagging her finger at Morganelli for ignoring the evidence in a case that he himself filed. Domestic violence do-gooders were also blasting me, on this very blog, for suggesting that Markow seemed to be more interested in whipping up a lynch mob than obtaining justice.

Conclusion

Here's what Markow has really done. First, she has falsely accused Pennsylvania state troopers of indifference and inaction when it's quite clear they were very responsive. Second, she has substituted her own inexperienced judgment for that of professional prosecutors whose job is to achieve justice, not vengeance. Third, she has proved to be quite adept at throwing around irresponsible accusations that leads to headlines in which she gets some notoriety. Fourth, she may have destroyed whatever plea agreement existed between prosecutors and Poliskiewicz, doing a disservice to the very victims she supposedly is trying to help.

Update: Heidi Markow Explains Why DA Not Invited to News Conference About ... Him.
Afternoon Update: The Express Times' Sarah Cassi reports that DA John Morganelli went ahead with the plea deal condemned yesterday by domestic violence victim advocate Heidi Markow. Today, she incredibly claims "We're getting somewhere."

Thursday, April 16, 2009

Domestic Violence Advocate Challenges Northampton County Plea Arrangement

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.

Monday, March 03, 2008

Domestic Abuse Awareness Night This Thursday at Emmaus Fire Co.

The Beginning Over Foundation will feature a short film, silent witness exhibit, speakers, information and light refreshments on Thursday, March 6, at 7 PM at the Emmaus Fire House, 100 North Sixth Street, Emmaus, PA.

A fifteen minute film, “Something My Father Would Do,” will be followed by several speakers, including Assistant DA Jacqueline M. Taschner, the spearhead of Northampton County's domestic violence unit. A silent witness exhibit, life size silhouettes representing specific victims of domestic violence in Pennsylvania, will also be on display throughout the night.

“Residents in every community need to be educated on the issues of domestic abuse,” says Heidi Markow, founder of Beginning Over Foundation. She adds, “People need to feel the same way about domestic violence as they do with about convicted sexual predators. Families need to be protected from repeat offenders, and children need to be protected from parents if they are convicted domestic violence felons.”

Monday, October 29, 2007

Brave Voices Against Domestic Violence in Bethlehem Parade

The Beginning Over Foundation is a locally-formed grass roots group trying to cast a public spotlight on the tragedies caused by domestic violence.

Founder Heidi Markow (second from left, blond, in beret) and friends unfurled their banners and walked in Bethlehem's Halloween Parade this weekend.

Heidi's sister, Robin, was shot and killed by her estranged husband two years ago in Quakertown. Robin never knew her husband had once before tried to kill his ex-wife.

Robin's Law, introduced by State Rep. Karen Beyer, will track repeat domestic violence offenders.