It was 30 years ago that Maine instituted its “Protection From Abuse” law ”“ one of the first states in the country to do so. Public intolerance of domestic violence and the laws to protect victims have progressed through the years, and it seems that Maine is now on the verge of another major step forward.
Unfortunately, it took a murder-suicide to push this next wave of reform. It was in Dexter last June that Steven Lake murdered Amy Lake and their two children, and then killed himself. While certainly not an isolated incident, the tragedy struck a chord with state officials because it proved the perfect example of how the system could fail. Amy Lake had done everything right, law enforcement officials said at the time, including moving and getting a protection from abuse order. But it wasn’t enough to protect her and her family ”“ and the loss of their lives has prompted several efforts in the hopes of saving others.
”¢ On Monday, LD 1760 was given unanimous recommendation from the Legislature’s Criminal Justice and Public Policy Committee. The bill would require the court system to immediately notify victims of domestic violence or stalking when their accused attackers or stalkers are released from jail.
Emotional testimony from victims of domestic violence was undoubtedly a motivating factor in the committee’s support, though the bill seems like a no-brainer anyway.
It’s awful to think that there is no notification system already in place for this. Unlike the average criminal, perpetrators of domestic violence are known to focus on one person or family members in particular, and it makes sense to let those people know when they need to be on guard again.
”¢ Last Thursday, Leigh I. Saufley, chief justice of the Maine Supreme Judicial Court, announced a new policy that requires bail commissioners to have access to the defendant’s criminal history before setting bail in domestic violence cases.
This is an important move that will undoubtedly help to save lives, and we applaud Saufley for making this change. How can someone determine what bail is appropriate if they don’t know the defendant’s criminal past and can’t even make an educated guess as to how much of a threat they are?
Steven Lake, for example, had been jailed twice on domestic violence charges, and was bailed out at only $2,000 each time, despite having threatened his family with a handgun. While out on bail, he violated the protection order five times ”“ the fifth time to commit murder.
Ӣ The most progressive change proposed, in a bill sponsored by Rep. Ken Fredette, R-Newport, LD 1704, would require that judges, not bail commissioners, determine bail in domestic violence cases, after reviewing the criminal history. The bill also allows that electronic monitoring may be a condition of bail.
At first glance, it doesn’t seem that this bill is necessary if Saufley’s new policy is followed and bail commissioners take a hard look at the criminal history. Considering that bail commissioners do not have the same amount of training as a judge, however, it seems prudent to have the more educated and experienced person deciding whether and when an accused abuser can be back on the streets. It’s an easy question to answer if you put it into perspective: If you were the victim of domestic violence, whom would you choose to set the bail?
As for the electronic monitoring, it certainly makes sense for police to have another tool. In the Lake case, for example, a neighbor called to alert police that Steven Lake was at the family home, but it was too late by the time they arrived. Had he been wearing a monitoring device, police would have seen that he was getting too close, and maybe, just maybe, they could have arrested him for violating the protection order before he murdered the family.
On top of all these proposed changes, Gov. Paul LePage plans to unveil his own package of domestic violence counter measures next week.
We look forward to seeing those proposals, and we hope to see both of the proposed bills passed by the Legislature. According to a 2010 report from the Maine Domestic Abuse Homicide Review Panel, of the 31 homicides that occurred in 2008, 20 were domestic violence related ”“ or 65 percent. Of the 25 homicides that occurred in 2009, 10 were domestic violence related ”“ or 35 percent. Those numbers could decrease if domestic violence victims have more support. Whatever laws make it easier for them to regain control of their lives and harder for their abusers to invade it should be passed ”“ and the Lakes’ lives, and so many others, will not have been in vain.
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Today’s editorial was written by Managing Editor Kristen Schulze Muszynski on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Kristen by calling 282-1535, Ext. 322, or via email at kristenm@journaltribune.com.
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