Macias Case Moves Closer to Trial
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by The Purple Berets In the most important women's rights case in the country María Teresa Macias v. Sheriff Mark Ihde, on Friday, February 15th federal district court Judge Susan Illston heard oral arguments on the County of Sonoma's petition requesting dismissal of the $15 million civil rights lawsuit. Although Judge Illston's written ruling on the request won't be out for a couple of weeks, she opened the hearing with the statement that her preliminary view is that she will deny the motion to dismiss the case on summary judgment. Assuming that ruling stands, the case will go to trial in federal court in San Francisco on April 22nd. This is a great victory for women and domestic violence victims everywhere, as this landmark case breaks new ground with every court appearance. A July 20, 2000 ruling by the 9th Circuit Court of Appeals has already established in the clearest language ever that women have the right to hold law enforcement legally accountable for their response to violence against women. That ruling, which sent the case back to the district court for trial, is already being used by other domestic violence lawsuits all over the West. A trial victory will have even more far-reaching effects on women everywhere, and will likely become the law of the land. The number one reason for domestic violence homicide is law enforcement's refusal to enforce the laws protecting women from abuse by their partners and ex-partners. Until now, women have had virtually no legal recourse. A victory in the Macias case would put law enforcement all over the country on notice that failing to provide law enforcement to women will cost them millions a fact that likely will save thousands of women's lives. María Teresa Macias was shot to death by her estranged husband, Avelino, in April 1996, after the Sonoma County Sheriff's Department ignored Teresa's more than 25 calls for help. Avelino also shot Teresa's mother, Sara Hernandez, before turning the gun on himself. The civil rights case came out of the Purple Berets‚ month-long investigation of Teresa's murder, focusing in particular on her many contacts with law enforcement. That investigation showed a 2-year pattern of deputies‚ failure to investigate, make arrests, write reports or in any way protect Teresa from Avelino's escalating violence, sexual assaults, stalking, and threats to kill Teresa and her family. The lawsuit alleges that the Sheriff's Dept's behavior emboldened Avelino, increasing the risk to Teresa and her three children and leaving Avelino free to hunt her down and kill her, all this in violation of California state law and Sheriff's Department policy. We ask you to support what is by far the most important women's rights case in the country and be a witness to women‚s history in the making. Here's how: * Make plans now to attend the April 22nd trial in San Francisco, * Invite Purple Berets to speak at meetings and events between now * Support the Purple Berets. Between now and April we'll PURPLE BERETS |