24 Hour Contact DV Initiative

Jaime Esparza

District Attorney

34th Judicial District of Texas

6.3 NOTICESOME OF THE MATERIAL PRESENTED CAME FROM OTHER WORKS AND IS INTENDED TO BE USED UNDER THE FAIR USE GUIDELINESALL CLIP ART © MICROSOFT, INCTHIS MATERIAL WAS PREPARED UNDER CONFU GUIDELINESTHIS MATERIAL IS RESTRICTED FROM FURTHER USE OTHER THAN THE CURRENT PRESENTATION

WHY DOES SHE STAY? FEAR GUILT SOCIETY IMMIGRATION ISOLATION FRIENDS MISPLACED COMPASSION

JUST LEAVE HIM!!

Identifying the Challenges: Domestic Violence Prosecution in Texas

The dynamics of the crime are different.

Defendant and victim often live together even after the crime.

Defendant and victim often have children. The couple’s finances are intertwined. Love.

The defendant and the victim already have a relationship.

Culture

No deviation from recommendation without prior approval or day of trial

These cases will be tried- even without the victim

Non prosecution affidavits Changing the culture!

DOMESTIC VIOLENCE POLICE RESPONSE

PREHISTORIC TIMES Separate for the night Who gets arrested What happens to the kids What happens to the case

DOMESTIC VIOLENCE POLICE RESPONSE

Moving forward Zero Tolerance- arrest made What happens to the kids What happens to the case

Addressing the Challenges: The 24 Hour Contact DV Initiative

MISSION

Victim contacted within 24 hours to ensure her/his safety

Victim educated on community resources

Defendant aware of the District Attorney Office’s importance and involvement in the case

24 Hour Contact Team

District Attorney Jaime Esparza

Chief of the DV Unit Patricia Baca

2 Clerk 2 Secretaries 3 Victim Advocates 2 Investigators

Weekly Guests

Commander from El Paso Police Dept

Victim Advocate from EPPD

Representative from CAFV

Representative from MHMR

DIMS

DIMS

DIMS- Victim Contact Information

ChargesAccepted(By DA)

No BondPosted

Bond Posted Released(3 hours/case)

Jail BookingBond Set ByJudge’sSchedule

Bond schedule approved by judges expedites bond and improves consistency.

Defendants preferring bond set at magistration will see the judge within 24 hours of arrest.

CLERKS

Clerk (DIMS)– Arrives at 7:00a.m.

everyday (including weekends/holidays)

– Runs the DIMS list– Inputs all the data – Prints cases– Request

judgments/pen packets

– Requests all photos

– Runs criminal histories

Clerk (Warrant Cases)– Arrives at 7:00a.m.– Runs Jail Rooster List– Inputs all the data– Prints cases– Runs Criminal histories– Request Judgments/ pen packets– Go to the 911 Call Center– Download all 911 calls

INVESTIGATORS

Investigator- Goes to home visits Safety of the victim advocate Order medical records Works on Weekend

Investigator- Goes to home visits Safety of the victim advocate Downloads the jail recordings

VICTIM ADVOCATES

There are 3 assigned to this unit Rotate their schedules to fit the

weekend work Advise victims of services such as

VAWA, CAFV, and protective orders Take photos of injuries Have victims sign medical release

forms Enter their notes into the system

(Ipads)

DISTRICT ATTORNEY

Attends every meeting Makes a recommendation for

each case (red writing or blood cases)

Cannot deviate from that recommendation without prior approval of either himself or Chief of the DV.

CHIEF OF THE DV UNIT

Attends every meeting Makes recommendation when DA is

not present Notifies probation or parole of new

arrest Notifies military of arrests involving

Soldiers Notifies prosecutors of repeated

offenders Discusses cases with prosecutors or

defense attorneys in reference to recommendations

SECRETARIES

Secretary-Recs Writes all recommendations “red

writing” on the files Inputs all recommendations into

Case Portal (paperless)

Secretary-database Inputs all cases that come

through our 24 hour contact unit into the database

EPPD COMMANDER

Attends the Monday meetings Ensures all photos/videos are

downloaded Helps with any follow up

investigation Builds a strong collaboration

between EPPD and the DA’s office

CENTER AGAINST FAMILY VIOLENCE (CAFV)

Provides services to victims Help us move victims to the

shelter when in danger Provide assistance with VAWA

Home Visits 2 teams- victim

advocate/investigator Clerk informs them if defendant is

still in custody Make contact with all victims! Homes, work, friends, 911 caller,

hospitals, shelter, UBMC, homeless, and Mexico

Since the Inception of this program we have reviewed over 9000 cases!

24 Hour Contact Meetings Every Weekday Every Monday the meeting starts

at 10:30 since weekend cases from 7:00am on Friday to 7:00a.m. on Monday will be covered

Tuesday-Friday the meeting will depend on when the home visits have been completed

What Happens at the Meetings

We ensure that all photos are on the server

We download all 911 calls Order medical records Jail recordings Gather additional evidence Discuss all Victim communications Identify the repeat offenders Discuss the best outcome for that case Accept/decline the case

Benefits

Victim AdvocateLaw EnforcementProsecutorsCulture

Victim Advocates

Safety of the Victim Empower the Victim with Services Establish a Rapport with the

victim Let her/him know someone cares

about them

Law Enforcement

Collection of Evidence downloaded properly

Tagged evidence Better case preparation Hold offender accountable Keep the victim safe

Prosecutors

Safety of the Victim Hold Offender Accountable Case ready to go to trial the next

day More evidence: photos, 24 hour

contact photos, medical records, jail recordings, notes from VA reference conversations with the victim

Cont’d

Stronger CasesRecommendation by DAProsecute cases without

the victim

Comprehensive DV Unit Prosecutors trained on

problems / challenges / issues– Victim’s varied responses– Victim’s non-prosecution

statements/ recantations– Evidentiary Issues

(Crawford, forfeiture by wrong doing)

– Trial issues (recantations)

Daily emphasis/ Importance

DV Videos

Grant for server/cameras/case

Evaluation: findings

2. The 24 Hour Contact program provides significant emotional support to family violence victims and increases their access to important community and financial resources

Evaluation: findings

3. Collaborations among key players in the criminal justice system and community victim service providers (e.g. law enforcement, local family violence shelter, probation, and BIPP) have been considerably strengthened as a result of the program.

Evaluation: findings

4. The prosecution of family violence has been significantly enhanced through the collection of better evidence, an increase in evidence gathering, improved preparation of case files, and on increase in preparedness and effectiveness of ADA’s in trial.

Evaluation: findings

5. Victims and professionals in the criminal justice system reported a range of mixed reactions to the district attorney’s stance on victimless prosecution.

TDCAA Resource Available

Family Violence Investigating & Prosecution

Points to Remember

Proceed to trial without her cooperation

Complexity of the case-she continues to have a relationship with him

Changing the Culture

QUESTIONS

Jaime EsparzaDistrict Attorney

34th Judicial District of Texas

District Attorney’s Office

500 E. San Antonio, RM 200

El Paso, Texas 79901

(915) 546-2059