"Justice System" Travesty in Tennessee

A class action lawsuit against the city of Dickson, perhaps? In the meantime:

Mayor’s Office- Don L. Weiss, Jr

615-441-9508

mayor@cityofdickson.com

Domestic Violence Victim Blames Magistrate

Woman Says Milton Genella Didn't Do His Job

Reported By Dennis Ferrier

POSTED: 3:58 pm CST November 13, 2009

UPDATED: 7:41 pm CST November 13, 2009

DICKSON, Tenn. -- A victim from a domestic violence case that was thrown out comes forward after the Channel 4 I-Team's investigation into a judicial magistrate.

Video: Domestic Violence Victim Beaten After Case Thrown Out | Video: Magistrate Throws Out Domestic Violence, DUI Arrests

The victim said her husband was so emboldened by his immediate release that he beat her for six months like he had never beaten her before.

The Dickson Police Department is so frustrated it keeps a permanent file of dozens of domestic violence arrests thrown out by judicial magistrate Milton Genella.

Dickson County Sheriff Tom Wall also keeps a book in his office in which every officer must keep a record of domestic violence arrests thrown out by judicial magistrates.

Law enforcement said Genella throws out more than half of domestic violence arrests the night of the arrest -- a practice unheard of in several other local counties.

Domestic violence advocates say that throwing out arrests discourages the victim and encourages the attacker.

"By getting that protection that the court can offer, that is not only sending a strong message to the perpetrator ... but it's sending a message to the victims as well that we're going to protect you," said Kathy England Walsh of the Tennessee Domestic Violence Coalition.

Dickson County sheriffs arrested the woman's husband in January 2006 for dragging her around their home, punching her and knocking her down. Genella refused the warrant, saying it was not domestic violence. June's* husband was released that night.

"(I was) terrified. I didn't know where he was, I didn't know if he was coming back for me," she said.

June said the beatings got worse and more frequent from then on.

"I never called the police again," said June. "Every time that would happen, I would think, 'What's the point?'

"There were times when he would be abusing me and tell me, you know, 'Even a judge let me go.'" In his mind, he thought it was OK for him to be doing what he was doing," she said.

The beatings went on for six months until June ended up in the emergency room with a broken nose.

"The only time that something, you know, actually got resolved was when I ended up in the emergency room," June said.

June said she blames Genella for not stopping the violence.

"I'm really angry. I'm angry at this man for not doing his job, doing what he's supposed to do to protect people like me," she said.

Genella declined to discuss some of the cases he has thrown out and suggested talking to the district attorney.

But the district attorney isn't Genella's boss. In fact, Dan Alsobrooks said by law he isn't even permitted to criticize the magistrate. He said to check with the county mayor.

County Mayor Robert Stone said the County Commission approves magistrates for four-year terms but can't fire them, and that the magistrates' boss is General Sessions Judge Durwood Moore.

Moore said he isn't Genella's boss; he is a consultant who recommended him. Moore said that only the Tennessee Supreme Court can fire a judge.

But the Tennessee Supreme Court said Genella isn't a real judge because he isn't a lawyer, so it doesn't have any jurisdiction.

The county has the right not to renew Genella's term when it's up next year.

*This name has been changed.

Previous Story:

• November 12, 2009: Domestic Violence Cases Shut Down Before Reaching Courts

VAWNet Mini Collection: Conflict Resolution Tools for Domestic Violence Shelter Staff

Conflict Resolution Tools for Domestic Violence Shelter Staff
Although most domestic violence victims who seek assistance from local domestic violence programs do not need emergency shelter, far too many do. For those fleeing an abusive partner, finding a safe and supportive refuge for themselves and their children is critically important. In most cases, domestic violence shelter staff and volunteers work hard to create and maintain a ”home-like” feel for the families that come to a shelter and a shared sense of communal living among shelter residents. Some programs are able to offer individual rooms with private bathrooms for residents, while others may have two or three families sharing a room or a suite of rooms with a common bathroom. Typically, a shelter has other common areas where residents prepare and eat meals, play with their children, watch TV, use a computer if one is available, and socialize.


Sharing living space with others is difficult under the best of circumstances and conflicts are inevitable – anyone who has grown up in a large family or shared an apartment with others knows this first hand! But group living is particularly challenging when you are sharing communal space with strangers who, like you and your children, are living in real fear, are unsure of the future, and are recovering from the trauma of domestic violence.

While advocates working in shelter programs are expected to build a community and manage a household of women and children from diverse backgrounds and circumstances, many may not receive the necessary training to resolve the types and intensity of conflicts that may arise within the shelter. Such training should equip advocates to better identify, understand and respond to the many challenges associated with communal living, including those described in Meeting Survivors' Needs: A Multi-State Study of Domestic Violence Shelter Experiences, discussed in more detail below.

Mini Collection

In order to help address the training and technical assistance needs of domestic violence advocates, the National Resource Center on Domestic Violence (NRCDV) developed this brief collection on Conflict Resolution Tools and Resources for Domestic Violence Shelter Staff. Building on the findings from the Meeting Survivors’ Needs study, this online collection includes selected materials and resources intended to equip advocates with a contextual framework and practical skills to better resolve conflicts that often arise within a shelter environment. A full set of publications related to Meeting Survivors' Needs: A Multi-State Study of Domestic Violence Shelter Experiences can be found at http://new.vawnet.org/category/index_pages.php?category_id=936, including the Research in Brief, Executive Summary, and Final Report, as well as Webinar materials, a Shelter Study FAQ, and related resources.

Downloadable Materials for Advocates

The Family Violence Prevention Fund has placed all conference materials and slides online for download from the 5th National Conference on Health and Domestic Violence that took place in October. There is a wealth of information although some is only supplimental to the actual presentation. While there is no sustitution for getting away and interacting with other advocates it would be wonderful if others would follow suite and make conference materials available to those who cannot attend.

Conference on Health and Domestic Violence Materials

Domestic violence advocate questions Judge's decision in Arizona murder-suicide

by Ryan O'Donnell / 3TV

Posted on October 20, 2009 at 8:27 PM

Story & Video


PEORIA , AZ -- On October 6, 2009 Dawn Axsom and her attorney pleaded with Judge Jose Padilla to allow her to leave Arizona with her two-year-old son, Xavier, but Judge Padilla denied the request.
According to court testimony, Axsom’s estranged boyfriend, 28-year-old Gabriel Schwartz, had been arrested twice for DUI, was unemployed, and had made two failed suicide attempts. This prompted Axsom to also file for an Order of Protection against Schwartz.

Judge Padilla granted Schwartz visitation rights, requiring a drug & alcohol and mental health evaluation to be completed within 60-days.

Two weeks after that court appearance, Dawn Axom and her mother Linda were found shot to death in their Peoria home, reportedly by Schwartz, who then turned the gun on himself.

Elizabeth Ditlevson, who works for the Arizona Coalition Against Domestic Violence, says it’s not just Judge Padilla, but other family court judges who don't seem to take domestic violence as seriously as they should.

“Some courts are privileging an abusers access to their children over the safety of the victim parent and the child. We think that that is a huge issue and it needs to change” said Ditlevson.