Domestic Abuse or Criminal Justice Abuse?

by Kaponda

But for the texture of their skin, Theresa and her Barbie were created in the same image of innocence. Before her velvety baby shoes touch the delicate carpet, the toddler and Barbie will have developed the kind of relationship that is reserved only for the most classical literature of romance. Like the rays of sunlight that seep through her candy-striped drapes onto the pink walls of protection, the tender solicitude of the toddler will warm the Barbie doll of her nursling until she and it are separated by natural forces. The toddler will pass through this state of candescene and will carry with her the sweet memories of an idyllic affair with a doll name Barbie.

Theresa Cruz is one of the millions of women, worldwide, who have been riding on that merry-go-round of fantasy. And like Theresa, the desires of so many other women have been to infuse their youthful passion of virtue into the hearts and minds of the babies to whom they have given birth.

"But the mother's yearning," according to a quote from George Elliot, "that completest type of the life in another life which is the essence of real human love, feels the presence of the cherished child even in the debased, degraded man."

The pink walls of protection of Theresa and other women like her will crumble under the pressure of their emotional separations; and, in particular, the separation between Theresa and her partner will ravage every part of her life, the lives of her four lovely children, the members of her family's lives, and the life of the partner from whom she attempted to separate. Theresa had become a victim of domestic abuse by her partner for over five years. The images of her youthful innocence had become numb to her and she had fallen into the grasp of the slayer of hope. In 1985, Theresa Cruz separated from her partner, patched up what remained of her loving heart, gathered her four sucklings and entered the ranks of single parenting.

It was the kind of fear whispered only in the darkness of secret caverns. After her separation, Theresa was stalked, beaten, threatened with a gun, cut with a knife and violated on every psychological, physical, financial and emotional front. She endured the kinds of major stressors discovered in a study published in the March 2000, edition of the Journal of Family Psychology. It states, in part, "Major stressors diminish parenting by resulting in more controlling, abusive and primitive behaviors, and less nurturing, spontaneous and parenting behaviors." Furthermore, according to the study, women such as Theresa lose their ability to "cope and balance the demands of their home and parenting."

She was driven to the kind of mood-altering, mind-boggling medication that has caused many people in the past to use the sought of judgment which results in bad choices. During her period of medicating, Theresa became addicted to the sedative prescription drug Xanax, as her condition and world cascaded into a state of desperation. She decided to share her problems with a confidant. The decision to confide in someone else would be a decision that would change the course her life forever.

His rage from hearing how, not only his friend, but any woman could be subjected to the type of torturous treatment could not be contained. He knew what to do, and he knew how it should be done. The demon in Theresa's life would soon be cast out by her friend. He would bring down the man who had abused her for so long by shooting him in his legs.

Four days later, Theresa Cruz was arrested and accused of assault and then conspiracy to commit murder. Theresa Cruz had become one of over 146,000 women who are in America's prisons and jails, seventy-five percent of which are mothers and, of that seventy-five percent, two-thirds have children under the age of 18. The Campaign 2000 JusticeWorks Committee estimates that approximately 250,000 children are currently separated from their mothers in prison. Furthermore, the phenomenon of mothers in prison is not unique to America. There are also 100,000 mothers is prisons throughout Europe countries, as well. In addition, the Social Health and Family Affairs Committee on Mothers and Babies in Prison revealed in a June 9, 2000, report, that the 100,000 mothers in Europe's prisons have over 10,000 babies from whom they are separated.

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It has been 10 years since Theresa Cruz was convicted of conspiracy to commit murder. She is currently serving a life sentence. Experts who have covered her trial believe that her case points up the discrimination in the criminal justice system and how laws affecting cases involving domestic violence are either inadequate or underutilized.

Domestic violence is defined as the actual or threatened physical, sexual, psychological or economic abuse of an individual by someone with whom they have or had an intimate relationship, according to the Family Violence Prevention Fund. In 1992, seven percent of American women (3.9 million) who were married or living with someone as a couple were physically abused; 37 percent (20.7 million) were verbally or emotionally abused by their partner or spouse. Each year women experience more than one-half million violent victimizations committed by an intimate.

Diana Block, an expert on domestic violence and an attorney with the California Coalition for Women Prisoners, has been following the case of Theresa Cruz and women like her for years and noted to me that domestic violence laws do not adequately serve women who go before either the courts or the parole board in the state of California. I discussed Theresa's case with Diana.

"Assemblywoman Sheila Kuehl, D-L.A., introduced, successfully, AB 231," according to Diana, "a bill that directs the parole board to take into account a history of domestic violence when considering prisoners for parole. In the wake of this bill, along with Theresa's very good behavior before, during and after the crime, her past and present attitude, she should have easily been eligible for parole. However, the parole board in May of 1996 did not take into account the new law and denied parole to Theresa Cruz."

Furthermore, according to Diana, "The battered mother of five years and woman prisoner who has served 10 years of a life sentence had her conviction overturned by a federal appeals judge on the grounds that the original attorney in her case was grossly incompetent. However, after Theresa won her freedom through the appeals process, she was remanded back to prison after the state of California lodged a successful appeal.

On Tuesday, September 12, 2000, the California Coalition for Women Prisoners coordinated a rally and speak out at the Board of Prison Terms in Sacramento to draw attention to cases like Theresa's. Diana Block stated that there is a "de facto" parole policy in place in California and that Governor Gray Davis has gone on record as saying he would not agree to parole anyone convicted of any type of murder charge."

I asked Denise Schmitt, Public Information Officer for the California Parole Board, if there is, in fact, an existing policy of the parole board to deny parole to prisoners with murder-related crimes? According to Denise, notwithstanding Governor Davis' statement, "There never was such a policy." I then asked her why had the Parole Board disregarded AB 231 in May of 1996 when it considered the case of Theresa Cruz? The spokeswoman for the entire state of California's policies on liberty stated that she was "not familiar with AB 231."

The circuitous path of Theresa Cruz continues to be shaped by the expedience of political savvy. She and the millions of women who have been violated by both our criminal justice system and their domestic partners will probably always, as was expressed by Blanche DuBuois in Tennessee Williams', A Streetcar Named Desire, depend on the "kindness of strangers" for their daily survival.

During the week of September 25, 2000, Governor Davis reversed his de facto no-parole policy by following the recommendation of the Board of Prison Terms to parole a woman, Rose Anne Park, who had been incarcerated for over 15 years for a domestic-violence related murder case. I asked Diana Block what impact would this decision by Governor Davis have on cases which come before the Board of Prison Terms in the future?

"If I were an optimist, I would say it is a positive step forward and good a precedence. However, it is very unclear whether Governor Davis is using it as a token case, in order to take away the flood of criticism which assailed his no- paroled policy. Since he has agreed to this one release, which is very positive, we as advocates of women prisoners want to make sure that it is not a way of diverting legitimate anger."

"However," Diana continued, "virtually the same time as Park was given parole Theresa Cruz was denied parole. This implies that Governor Davis and the Board of Prison Terms are not changing their overall policy regarding prison terms. The Boar;d of Prison Terms' decision concerning Theresa was that she would have wait another year until her next parole hearing."

Cassie Pierson, Coalition for Battered Women in Prison, stated that the decision by Governor Davis did not address the issue of clemency, which is part of the duties of the Board when it meets. Cassie indicated that in the wake of the recent decision to let the Board of Prison Terms' decision to parole Rose Anne Park stand, that the Coalition for Battered Women in Prison will re-visit the files of many of its clients.

California Coalition of Women's Prisoner's (CCWP) raises public consciousness about the cruel and inhumane conditions under which women in prison live and advocates for positive changes. We promote the leadership of and give voice to women prisoners, former prisoners, and their families and publish a quarterlynewsletter The Fire Inside. For more information contact CCWP, 100 McAllister St., SF, CA 94102, 415-255-7036 ext. 4.