New law allows domestic violence cases to proceed

State Sen. Mike Bennett of Bradenton, here, along with Rep. Doug Holder of Sarasota, got the measure pased that Gov. Rick Scott recently signed into law.

By Dale White
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Published: Sunday, May 20, 2012 at 5:03 p.m.
Last Modified: Sunday, May 20, 2012 at 5:03 p.m.

MANATEE - Prosecutors often drop domestic violence cases because the victims or crucial witnesses refuse to cooperate.

Because of the lobbying efforts of several victim advocates in Manatee County, however, juries may soon hear victims' or witnesses' accounts of what happened anyway — even if those people do not take the stand.

A new provision in state law could enable prosecutors to instead rely on prior statements to authorities instead of live testimony.

Several months ago, HOPE Family Services, the Safe Children Coalition and counselor Susan McMillan of the Domestic Abuse Intervention Project expressed their frustrations about the court system to Sen. Mike Bennett, R-Bradenton.

"The state was dropping all the charges frequently, which gives batterers the message they can batter with impunity and they will not be punished," McMillan said.

Even when being led away in handcuffs, many batterers would brag to arresting officers that the case against them will not stick — knowing they could later intimidate their victims into silence, McMillan said.

Bennett and Rep. Doug Holder, R-Sarasota, successfully got a measure passed that Gov. Rick Scott recently signed into law.

The revision to the state evidence code applies to all criminal trials but is expected to be especially useful in domestic violence cases. Now, at the discretion of a judge, prosecutors can introduce a person's prior statements to investigators if that witness — for example, a battered wife who has been warned by her husband not to testify — becomes uncooperative.

"The bottom line is this is another tool in prosecutors' arsenal to hold batterers accountable," said Heather Doyle, chief of the State Attorney's Office's misdemeanor division in Manatee County.

Before the new rule, prosecutors did not rely on prior statements when they could not depend on live testimony because every criminal defendant has a constitutional right to cross-examine an accuser.

A defendant cannot cross-examine a document or recording.

Getting a statement admitted as an alternative to live testimony will not always be easy, though.

In a pre-trial hearing, a prosecutor will have to convince the judge that the statement is necessary because the defendant has knowingly obstructed justice by convincing a victim or witness to refuse to testify truthfully.

"It involves more elbow grease on my part," Doyle said.

If a defendant has knowingly silenced a witness, he or she forfeits the constitutional right to cross-examine the witness, Doyle said.

Doyle and defense attorney Charlie Britt said the new provision is worded like an existing exception in the federal evidence code.

Despite that precedent, prosecutors statewide can fully expect resistance from defense attorneys.

"That's what the law does is make exception after exception," Britt said. "Anytime they start making exceptions to the evidence code, it chips away at a defendant's right to a fair trial... As a defense attorney, that's going to hurt me. I have the right to cross-examine the witness against me. The jury is entitled to know both sides of the coin."

McMillan contends that domestic battery victims should not be forced to testify against their will. Yet she also argues that victims should not be the ones who decide whether a prosecution proceeds.

The state, not the victim, files charges in a criminal case and should be able to confidently go to trial based on all the evidence at its disposal, McMillan said.

That is what already happens in homicide cases because those victims obviously cannot testify, McMillan said.

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Finally!!! I sure wish this law had been in effect years ago! I cannot count how many times I witnessed a batterer's case being dropped for Many reasons...EVEN if the victim testified. Florida Needs this law in place and it's about time!

A police officers testimony is pretty much beyond reproach. Usually makes them the most credible witness. This is awesome...and should be done world-wide.

Half the time the officer would not show so the case would be thrown out.

I agree.. This Needs to be world-wide!

Not sure how it works in the United States...but here, if they don't show up...it had better only be a ticket because they get penalized for not showing up for court.

Not here..at least not in Florida. When you say "here", do you mean Canada?

Here for me is Canada...yes. LOL!

LMAO!! You Can't be Freezing in late May, can you???

It's just been warming up over the last 2 weeks...haha!

Gee, at least you don't have to deal w/90 to 100 degree weather every Summer!

We have gross humidity...and I have A/C! HAHA

I hear you on the "gross humidity". I lived in NM where it was HOT but NO humidity. Here, it's horrible. Could not deal w/out a/c.