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Two officials want to strenghten
legislation calling for a "cooling off" period
One of Montgomery County's
highest-ranking prosecutors says the state's domestic violence
law needs to be tougher, and a Montgomery lawmaker is
considering taking up the issue. They contend a so-called
"cooling-off" period in the law is not being
enforced and should be. "It could be strengthened,"
Montgomery County Chief Deputy District Attorney Daryl Bailey
said of the language that states an offender must be detained
12 hours. "If there's enough evidence of abuse ... I
think they (offenders) should be held 12 hours without
exception," said state Rep. David Grimes,
R-Montgomery. "I think a lot of times the felon has more
rights than the victim." The law, passed by the Alabama
Legislature in 2000, is supposed to require someone arrested
for domestic violence to be locked up in jail a minimum of 12
hours. But the law also says if the accused person can arrange
an appearance before a judge or magistrate before the 12 hours
elapses, he or she can be freed. Because of the various ways
the language could be interpreted, some victims' counselors
are frustrated with the law. "I feel that the sponsors'
intent was for this to be a cooling-off period," Grimes
said. He plans to consult with them to determine if any
legislative action should be taken to put tougher measures
into the law. The law's sponsors, state Reps. Joe Carothers,
D-Dothan, and Ron Johnson, R-Sylacauga, have not returned
multiple calls seeking comment on whether the law is being
applied as they intended. But others have definite opinions on
the matter. Lindsay Neumann, program director of Standing
Together Against Rape, said many sexual assaults start out as
domestic violence cases and that the 12-hour period should be
mandatory. Joyce Miller, a counselor of homicide victims'
families, also has said domestic violence homicides can occur
when suspects aren't required to "cool off" after
they hit their partner. "When laws are passed, I think we
definitely, as a state, need to be mindful of the exact
stipulations of that law," Neumann said. "I think in
this case, the 12 hours definitely needs to be upheld."
Both counselors said 12 hours provides time not just for the
suspect to cool off but also for a victim to find safe shelter
from the aggressor. Concern over the law was sparked by an
Oct. 9 domestic violence case in which Montgomery Public
Schools bus driver Thomas Moton Jr. was arrested and charged
with beating his wife "repeatedly with his fist,"
according to a court deposition.
Moton was sprung from jail within three
hours, after City Councilman James Nuckles came to the jail
and demanded Moton's release. Mayor Bobby Bright directed Pat
Murphy, Municipal Court administrator and chief magistrate, to
release Moton into Nuckles' custody.
Moton appeared in Montgomery Municipal
Court for a hearing Oct. 27 on a charge of third-degree
domestic violence (harassment), but the case was rescheduled
for December.
One reason a cooling-off period may be
necessary, Bailey said, is because there "is a very
likely possibility" an aggressor who commits violence
against a spouse or mate could hoodwink a magistrate into
thinking emotions have calmed and no reprisals will occur.
"The type of people who commit these
crimes are very cunning and manipulative," he said, and
the law provides too much leverage for them to avoid the
cooling-off period.
Grimes, who came into office in
November 2002, agreed.
"There's some good actors out
there," he said, questioning the authority vested in
magistrates to issue early releases.
"Why would this be left up to a
magistrate to decide?" said Grimes. He believes a
magistrate's responsibilities should be more administrative in
nature rather than judging the criminal behavior and mental
state of a suspect. "I think that it (the law) may be
unintentionally putting too much responsibility on a
magistrate to be expected to make a decision like that."
The domestic violence law is given
significant treatment at a Web site titled "Family Law
Advisor Articles."
One entry there is titled "New
Domestic Law Provides Cooling Off Period."
But, actually, no text of the law refers
to "cooling off," and some officials are quick to
point that out.
"A lot of people have misinterpreted
the law," Bright said.
"I'm telling you, whoever wrote that
is dead wrong," Murphy said about the Family Law Advisor
article. "There's no such thing as a 12-hour cooling
period."
The Web story, which is signed Wood Shaw
L.L.C., a Birmingham firm, states:
"A new law in Alabama mandating a
minimum 12-hour cooling-off period for persons accused of
domestic violence went into effect in August (2000). ...
(Before the law), if an arrest was made, the accused could
post bond and be back home within a few hours.
"Under the new law, a report of
domestic violence will result in the perpetrator being held
for at least 12 hours to cool off and reduce tensions in the
household," the article states.
Though the law refers to a 12-hour
period, the law also states that if "the person
(offender) is not taken before a judge or magistrate within 12
hours, he or she shall be released on bail. Prior to the
release of the person, the judge or magistrate shall review
the facts of the arrest to determine whether the person is a
threat to alleged victim, is a threat to public safety, and is
reasonably likely to appear in court."
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