San Francisco Assault Victim Gets Her Day In Court Under Marsy’s Law
In response to a victim’s Marsy’s Law rights being ignored, a presiding judge has instructed all San Francisco judges to ask if victims have invoked their Marsy’s Law rights, and if so, to make sure they’re honored. Only by victims advocacy in enforcing Marsy’s Law and by making sure that non victims know about this law can we truly see the full potential of this immense law.
– CBS News, By Doug Sovern
A San Francisco crime victim whose rights were violated when her attacker was released without her knowledge will get her day in court after all.
Two months ago, KCBS investigated a case involving a woman named Jenny [last name withheld at her request] who was assaulted outside the Glen Park BART station.
Even though she asserted her crime victim’s rights, under Marsy’s Law, the district attorney agreed to a plea bargain and the defendant was released, without the required notice to Jenny, who never got to appear in court and demand a prison sentence.
Under California’s Crime Victims Bill of Rights, victims must have the option of being notified of all court proceedings in their case and they get to speak in court before any plea or sentencing.
Our investigation revealed the law is routinely ignored. Jenny’s attacker was set free, on probation, with no notice, while she was rehearsing what she would have said in court to convince the judge to lock him up.
As a result of our reporting, the judge has scheduled a December 16th hearing, for Jenny to say her piece.
“This means everything to her. I mean this was a horrific, horrific event and all she’s wanted this whole time is to be heard,” said her attorney Rosanne Darling.
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