domestic violence homicide

How Legal System Shortcomings Fail Domestic Violence Victims and what we may learn from these failings

Michael Sefton, Ph.D. Bullying, crisis intervention, Dangerousness assessment, domestic violence, domestic violence homicide, DVH, Health Psychology, Human Behavior, Massachusetts domestic violence, Police officer behavior, Relationships, terminal rage

WESTBOROUGH, MA – October 31, 2024 – I am writing in the aftermath of another murder suicide here in Massachusetts. It happened 3 months ago at the end of the school year. An adolescent girl was walking home from school and was abducted by her former step-father who is charged with raping her when she was 13. He was wearing an ankle bracelet designed to provide police with GPS coordinates when he deviated from going to and from his work place or if he deviated anywhere near the victim from whom he had a stay away order. Technically, as soon as he drove near the childs school or home the police should have been notified. But this did not happen and now the girl and the former step-father are dead. I have written to the Middlesex County district attorney here in Massachusetts about this case with ideas I have about domestic violence homicide and best practices, but so far, I have heard nothing back. I presume they have all the expertise and advice they require to help keep people safe from trolls and jealous spouses with outstanding orders of protection.

I am a former police sergeant and have looked at several cases each year that are compelling and I try to report these. I asked the local chief of police for the police reports on this case but was sent only the press release. My interest started both from my experience in law enforcement and also out of a response to the abject horror the so many of these cases, like this one. People living in fear, month after month, or in some cases years of fear. This case was delayed over and over. A common tactic used by defense attorneys to avoid going to trial at all. They are banking on the victim being too frightened to testify or better yet, the victim moves away and cannot be found. Victim witness advocates will tell you that teenaged children carry a great deal of shame with them after being victimized. Every delay or change in court dates can trigger fear and often self-doubt. Many know the protection orders have very little that prevents a stalking step-parent from wreaking terror on his victim and her family. In this case, the restraining order failed the victim in spite of the best efforts of law enforcement with things like old technology GPS monitoring.

This case flew under the radar because the criminal trial of the accused was re-scheduled 3-4 times over several years. It was finally headed toward the court room and it is a fact, that as this occurs the risk to potential victims increases as domestic violence cases plod toward a trial. Every change in court date is enough to put a frightened victim into crisis. Many if not most, victims of DV change their minds and do not prosecute. They often blame themselves for breaking up the family by coming forth with sometimes horrific accusations as in this case. In the long run, this impacts their emotional development and victims should be afforded all the support they require to be capable of going to trial. They often are too afraid to stand up and admit what was done to them. They feel shame and deeply frightened.

As I said, I am a former police officer and currently MA licensed psychologist working in here in Massachusetts. When I patrolled the town, I frequently stopped at houses known to us for domestic violence calls in the days afterward. I sometimes had one of our community policing officers with me in the aftermath of the call. When everything was settled down and the dust had cleared, I would stop and try to connect with the couple. Follow-up on recommendations I may have offered – like family or couples therapy and other local resources. And let them know help is available. I was surprised at how many families moved away soon after being involved in a family fight. Off my radar right? My understanding of domestic violence is that it cycles from guilt and shame to honeymoon and a family love fest. The cycling of coercive, violent behavior ramps up one a trial nears or some other dramatic change like divorce. These are the most dangerous times and any violations once the GPS monitor is in place should require arrest with no bail. While in containment, the psychological assessment must be initiated and presented to the court.

The double dose of the stigma of both suicide and intimate partner violence (IPV) leaves the details of many of these traumatic experiences untold. 
Everytown Research and Policy, 2024

“These tragedies often include children, family members, and friends.” Despite the devastation and immeasurable impact, these events garner little public attention and recognition as a frequent form of gun violence.” according to a story published on 8-8-2024. More needs to be done to protect child victims from known violent perpetrators such as Juliano Santana, who killed a 16-year-old girl a few weeks ago in Acton, Massachusetts. Child victims like the 13-year-old victim in this case often blame themselves for being physically assaulted or being groomed for sexual assault. They lack the developmental and emotional maturity to fully understand what has happened to them and often live in recurring fear that the rapist is going to come back and hurt them again or kill them next time. The media portrayal of these horrific events failed to ask the important question how did the perpetrator avoid being captured before he got to his one-time stepdaughter? He was attached to a GPS device, right? And where did he get the firearm used to kill the teen and turn it on himself? Well, it sounds as though the police have determined that the GPS may be partially to blame. As soon as they queried the device, they knew Santana was on the move and the victim was grave danger. And where did the deadly firearm come from?

“Access to a gun is the centerpiece of the dual tragedies of intimate partner homicide and suicide.” 

The GPS ankle monitor system did not protect the victim because it was not the type of monitor that would alert law enforcement when a suspect diverts from his programmed daily route or if he drove near the school or apartment complex where the victim lived. So, after 3 years the trial was set to begin in July 2024. That is usually a red flag and signals growing anxiety in both the victim and the suspect. Under state law, prosecutors cannot request a hearing to determine if someone is dangerous or whether he should be held in cases involving egregious cases of child rape. The rape of a child is de facto evidence of dangerousness in most circles.

As a former law enforcement officer and a now licensed psychologist here in Massachusetts and I have looked at DVH. I find it necessary to draft reports that highlight the murderer’s unpredictable violence. Certainly, the probation department looks at the perpetrator’s prior criminal history in making recommendations for bail. It is likely that Mr. Santana had no criminal history although we have not been told this fact. Juliano Santana drove to Acton with one thing in mind – to shoot and kill the 16-year-old girl whom he first violated 3 years prior when she was just 13. He should have been in a holding cell until he received a dangerousness assessment.

“Law enforcement agencies should implement a lethality risk assessment protocol in domestic violence cases that includes instructing officers to ask about the presence of firearms and other known risk factors for lethal violence.”

There is nothing more frightening than to be the person who asks for a restraining order for protection from a monster that allegedly raped her as a 13-year-old girl. She was not his biological daughter. How is it possible that someone who has demonstrated such violent and dangerous behavior cannot be held until his dangerousness can be assessed? Here in Massachusetts conditions of bail have no bearing on criminal behavior once released. Bail does not stop secondary criminality. The likelihood of terminal violence such as this, is extremely high as the court begins to move on the case.  Santana skidded through the pervious gauntlet and killed his victim and then himself. Rather than say that there were many things in place to protect the victim, there needs to be an investigation as to how the protection order failed? This case is an abject failure.

More needs to be done to protect child victims from known violent perpetrators. News reports say there were things being done to protect the victim. Not enough was done. The county court probation system failed this victim releasing Juliano Santana on three thousand dollars cash bail – thirty thousand surety bond. In all orders of protection, the perpetrator is required to forfeit all firearms. The fact that Juliano Santana had a firearm needs to be investigated. Did he have a license to carry the firearm he used in the killing? If so, this should have been taken away from him immediately upon the order by the judge on the day the victim went to police in Malden. Someone provided the gun, and someone knew that he had plans for using the weapon. The psychological autopsy can develop facts that shed light on these truths. The facts gleaned in the PA will directly help other cases like this one. The question always comes up as to how the guns were acquired or how the guns were not removed as mandated by law?

“The psychological autopsy is an individually designed case study that elicits a broad range of factual data regarding the behaviors of a decedent in the immediate day or days leading up to domestic violence homicide. The study is especially important when first responders and essential workers are involved. In all likelihood the girl lived in fear and terror” according to Michael Sefton, Ph.D. at a police psychology program in Worcester. This after incident examination can provide a good deal of information and warning signs that extreme risk for violence exists. These studies may add to the collective understanding of DVH – especially when family annihalation results.

We conducted a psychological autopsy on a man in Maine who murdered his wife and two children. This occurred just days before his divorce was to be finalized and two weeks before he was to be tried for criminal threatening. Steven Lake was known to be violent toward his wife and daughter. He violated the order of protection over five times with impunity. His firearms were not taken from him. He had over twenty to choose from when he made his move. This is what happens in systems where defense lawyer argues about eighth amendment rights to “reasonable” bail in lieu of consideration for the traumatized victim and her family. What modern society leaves its children at considerable risk for death in crimes like these? There were most certainly red flags that the perpetrator waved in the days and hours before this kidnapping and murder.  His anger was likely extremely high as the trial date neared. He would not allow the victim to take control of his life by sending him to prison where he belonged.

Someone knew that this was going to happen and said nothing. Maybe a family member or co-worker. He may have contacted the victim wanting to apologize or threaten her against telling the truth. Or her family was threatened?  But it is quite likely the unnamed 16-year-old lived in fear that her tormentor may strike and take her again. Just as he did on Thursday in late June as she walked to her home.  It is vital to future cases of domestic violence that common red flags do not become holes in the safety plan of victims seeking safety and protection. The results of the psychological autopsy of Steven Lake were presented to the Maine Attorney General’s DV Homicide Review Board. The document is 75 pages long and offers over 50 recommendations for lowering risk and lowering deaths by DV.

Governor Charlie Baker had the right idea and proposed it to the legislature that allows the court to require a dangerousness evaluation in the case of rape and other crimes. We learned that this failed in 2022 as too expansive a mandate with too few resources to hold perpetrators accountable.  Why? The Middlesex County D.A. should bring this to life and use the event to highlight the imbalance in domestic violence prosecution and the protections it gives to perpetrators from (low bail) and the fear it drowns its victims who feel unprotected. Even having an ankle monitor did not work until it was too late and provided no “real time” monitoring. If it had, then Santana could have been tracked when he diverted from his given route and came to Acton to murder his stepdaughter.  

Everytown Research & Policy is a program of Everytown for Gun Safety Support Fund, an independent, non-partisan organization dedicated to understanding and reducing gun violence.

DV homicide: When cities cut funding for domestic violence this can lead to increased risk of IPV and death

Michael Sefton, Ph.D. domestic violence, domestic violence homicide, DVH, Human Behavior , , , , ,
Coercion and control

It is well known that law enforcement can be called to the homes of domestic violence victims only one in seven occurrences of abuse. That means there are possibly 6 times when victims are traumatized by intimate partners to which LEO’s are not privy. Why is this? In my experience, perpetrators of intimate partner abuse are secretive and forbid their partners to call police. They are manipulative and want to control the interview such as when first contacted by law enforcement. They frequently act surprised that police were called sometime saying “are you sure you are at the right place?” But in reality they silently simmer, waiting for police to take the bait and run. Often back on their spouse as soon as they are alone. The entire basis for the relationship is all about coercion and control of one spouse over another. It all starts as secret manipulation fueled by jealousy and insecurity.

Many victims of DV are coerced to feel afraid of calling for help. Police need to see all members of a household when called to a case of domestic assault. This bullying by perpetrators results in a pattern of threatening and control that is coercive to victims who learn to remain silent, in spite of fears of being killed. Red flags are often missed with the arrival of police officers as intimate partners pull it together trying to avoid angering their tormentors who control by making veiled threats. These investigations sometimes require more than one visit.

Follow-up intervention is recommended once the dust settles. This is sometimes hard to achieve. Whenever an aggressor is taken to jail, whether for the night or weekend, contingencies for his safe re-entry must be negotiated. When the risks to spouse or family members remains elevated, then an order of protection should come together based on the details of the call and written so as to bring to life all documented red flags. Either way, the investigation is not completed until there is an understanding of what happened (why the police were called) and what comes next for this couple? Specific issues like: threats of death, forced sexual contact, physical abuse leaving marks, any kind of strangulation, threats with a firearm or other deadly weapon, and threats of suicide are all the details written into a protective order. These are big ticket items and raise a victim’s level of risk substantially and usually become part of a stay away order. Each of these crimes are a red flag warning to cops looking at charges for domestic violence.

Larger departments across the United States have experienced greater numbers of domestic violence since the initial quarantine in 2020. As the months went on adaptive coping broke down resulting in larger numbers of domestic violence with maladaptive coping behaviors such as: excessive use of alcohol, threats of physical violence, frustration, and boredom increased greatly. Some, like Portland, OR actually saw a reduction in officers assigned to the DVERT – the multidisciplinary unit that investigates DV in Multnomah, County, Oregon in which Portland is the County seat.

The Portland (OR) Police Bureau’s Domestic Violence Enhanced Response Team (DVERT) and Domestic Violence Reduction Unit (DVRU) have been reduced in manpower according to information poached from their website. They now have about half the number of officers they did 10 years ago – five officers assigned to the DVRU and two officers plus a Multnomah County Sheriff Office detective assigned to DVERT according to a 2015 Blog post written by Emily Green. With this staffing level, they have the resources to investigate only about 7 percent of domestic violence reports received by the department each year. In 2013, out of a total of 8,179 domestic violence reports, only the 586 most serious cases were assigned to the domestic violence unit. DVERT strives for a “best practices” model of interagency collaboration by coordinating several forms of intervention for domestic violence victims and offenders as reported on the department website. As of this writing no more recent numbers are available.

Isolation of victims from family

Other cities struggle with DV and its social fallout. In 2017, San Diego law enforcement received 17,306 reports of domestic violence. This number was four percent higher than the previous year, according to the Criminal Justice Research Division. There were eight domestic violence-related homicides in 2017 that involved current or former intimate partners. Domestic violence incidents involved a death in four other instances. Five domestic violence offenders killed themselves according to a domestic violence blog maintained by a local attorney in San Diego.  Likewise, San Diego saw changes in the rate of DV during and after the pandemic. The Alliance for Hope in San Diego provides support for police investigating crimes such as strangulation with supportive end empathic care for victims of domestic assault.

I wrote about #24hourwindow project in my description of the Icelandic response to DV in Rejkavik and beyond. Police in Reykjavik, Iceland believe that detectives or senior police officers must intervene within the window – 24 hours from start of a call out, to put together a strong case and collect evidence. I agree with this approach and strongly urge local agencies use it as a model. They work in teams of 4 or 5 as described in a BBC story. The former protocol was often several days after the call and coincided with the honeymoon period where violent partners try and kiss and make-up. Bail conditions frequently fail DV victims as the abuser is often bailed out within 1-2 hours. Egregious cases of DV, those particularly life threatening should be held without bail until a dangerousness hearing may be initiated. 

To the un-trauma-informed investigator, many behaviors exhibited by someone who’s just experienced a traumatic event double as signs of lying. Behaviors such as an inability to remember the chronological order of events, nervousness, avoiding eye contact or of recalling sounds and smells with more ease than physical details about his or her attacker, are all the result of effects trauma has on the brain.

Emily Green 2015

Specially trained Portland (OR) Police Officers review and follow up on reported incidents of domestic violence. Their responsibilities include reviewing reports from the initial responding officers, assessing each case in order to prioritize incidents requiring follow-up investigation, making attempts to contact the victims and witnesses to obtain additional information, providing referrals to victims for appropriate services, and attempting to contact and arrest perpetrators of domestic violence. This should be done during an 8-10 hour shift or by the next regular day shift by law enforcement who understand intimate partner abuse and its dysfunctional, cycling nature.

“In Iceland, twice as many women are reporting incidents of domestic violence to the police than they were two years ago. I wrote about this a couple months ago and had reached out to the #windowproject @IslForce and the #Rejkavikpolice commander without much fanfare. Like Portland Oregon, Iceland uses a multidisciplinary unit that enters the case in call-out fashion by each discipline rolling on scene called the 24 hour window project. This is due to an ongoing police initiative to provide women with better-timed and better-located assistance, which is bringing the problem out of the shadows” as reported in apolitical in 2017. I have called for regular aftermath follow-up in cases of domestic violence as a form of community policing. Officers work in pairs and stop during the next day to complete a check-in. Some victims are contacted by their abusers or family of the abuser and can be dissuaded or intimidated not to press charges. This resumes the honeymoon and cycle of violence is renewed.

REFERENCES

Green, E. (2015) How understanding the neurobiology of trauma helps Portland police work with domestic violence survivors. https://www.streetroots.org/news/2015/01/20/how-understanding-neurobiology-trauma-helps-portland-police-work-domestic-violence Taken 5-16-2022.

Domestic Violence Homicide: crafting protective orders with teeth and laws to support victims in fear of being murdered

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence, domestic violence homicide, Human Behavior, Relationships , , , , , ,
Domestic violence homicide shares common red flag warnings that are discernible when prosecutors take time to connect the dots.

In Maine, Texas, and across America, the criminal justice system – including prosecutors, too often fail to protect victims of domestic and family violence from their abusers — even when the “red flag” warning signs are obvious as they were in both these cases. In this post, and the March 15 post, I talk about the importance of report writing and truly  understanding DV on a visceral or gut level. To truly understand what is going to happen requires a realization that just below the surface may lie a wolf in sheep’s clothing. 

In early 2021, the police in Austin,Texas were beset by a horrific case of domestic violence homicide. On April 18, 2021, a former police officer killed the family while picking up his son for a monthly supervised visit. The child’s mother encouraged these visits as important to the boy’s development and relationship with his violent and sadistic father. While exchanging pleasantries, the child’s father shot and killed his former wife and step-daughter.  And he killed his daughter’s young boy friend and immediately fled. Detective Broderick was captured 20 hours later and is being held. Yes, the abused was a former law enforcement officer. 

Common sense look at facts

Police need broad discretionary authority in dealing with any violation of orders of protection including no bail holds and danger risk assessment

Following the 2020 arrest for sexual assault of a child, Broderick resigned from the Travis County Sheriff’s Department. He was initially held on $100,000 bond. A family friend remarked, “I kind of had a feeling that this is where he was going, because he was lost,” she explained. “He lost everything. He lost his family. There was a protective order for a reason.” He was lost?  That gives him the right to violently kill his former wife, adopted daughter, and her male friend? Many in our society are lost and do not go on to commit violent homicide.

The 16-year old child, who was among the victims, begged for a more restrictive supervision of her step-father who had been released from jail and was not required to wear an ankle bracelet after only a period of 3 months. An order of protection was brought against former police detective. There was a protection order in place but even the teen knew that orders of protection were “not worth the paper they were written on.” 

“Because Mr. Broderick committed this heinous crime after he paid a money bond to be released on charges related to sexual assault against a child, Texas law permits his detention without bail.” Wes Wilson, KXAN television Austin, TX

There is a case to be made for careful analysis of behavioral health functioning of abusers. That seems to be common sense right? But this sometimes does not occur. As a law enforcement officer in Massachusetts, I made an effort to introduce risk assessment tools to quantify a subject’s dangerousness. This is important but is not yet universally adopted here in Massachusetts. Nearly 10 years on, the psychological autopsy conducted in 2011, looked at the red flag warnings that are common to DVH everywhere – including the case in Austin. What brought my attention to the case in Maine was the purported prosecutorial impotence argued by Christopher Almy, the county district attorney, that there was “nothing that could be done to protect the victim, Amy Lake and her two children, from her estranged husband Stephen Lake. That statement was inspiring. Imagine if you and your family were depending upon the police to protect you as Amy Lake was? Everything that could be done was in place. But the protection order had no teeth. So Steven Lake snuck into the Amy’s home at 5 AM and staged a despicable murder scene, ultimately killing the children he claimed to love while Amy was forced to watch. Ending with her shotgun murder and is own death by suicide. 

“Domestic violence is not random and unpredictable. There are red flags that trigger the emotional undulation that bears energy like the movement of tectonic plates beneath the sea.” Michael Sefton (2016)

In an article on the 8th Amendment regarding bail in cases of domestic violence, the Maine Law Review, first in 2012 and an updated second publication in 2017, cited the importance of carefully crafted conditions of bail especially among men who are found to have violated the conditions often by stalking and using social media to intimidate and contact potential victims also by trolling family members in an effort to locate estranged spouse and her children who may be in hiding. Both Amy Lake and Austin, TX mother of 3 expressed an interest in having children remain in contact with extended family in spite of pending serious criminal charges. This opened up access to the perpetrator to information about current living arrangements, employment, after school activities, and other potential clues that raised the risk of further domestic violence and ultimately DVH. In Austin, the victim expressed a wish to allow her estranged husband to have contact with the little boy – his son in spite of pending felony charges brought forth by the 16-year old step-daughter who rightfully feared for her life. Why was her fear ignored or minimized given her history of having been sexually assaulted by her adoptive father and his animosity toward her for reporting the abuse to law enforcement. He blamed her for his loss of career and status as a local detective with the Travis County Sheriff’s Department.

Firearms are a major cause of DVH and in every state are required to be taken from men with active protection orders in place. This was the default expectation in the two cases described here but in the case of Stephen Lake his arsenal of 22 firearms were not removed from his possession in spite of court orders.  Similarly, the Austin killer was left with at least one firearm used to kill his family.  Lake left 9 suicide notes many of which were rambling, angry tirades toward his wife and in laws.  The Austin killer did not take his own life and was captured. This is atypical especially among law enforcement officers raising the specter of possible psychological analysis of his motives. This make the two cases in this post very different at this level. To what extent Texas authorities will endeavor to understand the events that preceded the murders remains unclear although, like the Aurora theater shooting, having a bad guy to study is rare. This means nothing, aside from an opportunity for personality and psyhopathology to be brought up at trial perhaps allowing Mr Broderick to avoid death row.  There is not much in the public media since the crime and his capture. However, gaining a comprehensive understanding of the red flag warnings in this case is recommended and will add to the body of literature on domestic violence. Why he chose not to kill himself is itself a mystery. 

Domestic violence homicide risk factors

  1. Threatens to kill spouse if she leaves him – pathological jealousy
  2. Actual use of firearm or other weapon anytime during domestic violence incident
  3. Access to firearms even if he never used them – veiled threats
  4. Attempt at strangulation ever during fight
  5. Forced sex anytime during relationship
  6. Unemployment of perpetrator
  7. Stalking via social media – one or both spouse use social media to intimidate or garner support
  8. Presence of unrelated “step” child in home
  9. Spouse finds new relationship soon after separating
  10. Low bail release from custody – high bail holds are essential in DVH mitigation

Conditions of bail and 8th amendment freedoms – reflections on domestic violence homicide

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence homicide, DVH, Human Behavior, Police officer behavior, psychological relevence , , , , , , , ,

The 8th Amendment guarantees that people will not be faced with unfair conditions while in custody nor should they have undue hardship following adjudication. But when victim safety requires it then some modification of this rule must be considered. Dangerousness to possible victims requires some abusive subjects (usually men) be held without opportunity for bail at least as long as it takes to confirm that there is no immediate danger to possible family members. This evaluation sometimes takes hours to days to complete. In Massachusetts, here in the US, some courts have court clinics that can assess persons in custody for risk of suicide and dangerousness. The pandemic has reduced this option significantly and arraignments were conducted virtually for months. Many district courts work with domestic violence agencies on a regular basis sometimes in the court buildings near court rooms.

Maine Law Review

Not much has changed since the Maine Law Review cited our work in its 2012 in Nicole Bissonnette’s review of bail conditions following domestic violence. Ms. Bissonnette published second paper in 2017, in the same MAINE Law Review that gives some quick and easy fixes for the 8th Amendment conundrum as it pertains to domestic violence. It is a fact that victims generally do not call police when the abuse first begins. It is also a fact that if a victim has been threatened with death if she “leaves” or “asks for a divorce” then her risk is substantially elevated and a safety plan must be provided including an order of protection.

The 8th amendment guarantees that excessive bail nor excessive fines shall not be required when someone is in custody and when found guilty of a crime. In many cases of domestic violence assault, abusive spouses are released on personal recognizance – essentially no bail is taken. Abusers are required to show-up on the next court day (usually Monday morning) and answer to charges of assault, domestic abuse, or whatever the evidence shows. The 8th Amendment also specifies that punishment for crimes shall not be excessive, overly punitive or harsh. It is frequent that abusers may have no criminal record whatsoever. Given that fact, it is hard to argue for high bail in a case where the defendant is unlikely to skip out on an initial hearing. This is precisely the reason why officer reports must include detailed statements from victims and witnesses – especially children.

I agree in principle that bail should not be punitive but neither should a family be faced with constant fear and danger because of the arrogant defiance of an abusive spouse. People without means do not have money for bail and some individuals are unfairly kept in jail simply because they or their families do not have cash for release from custody. So, a person who may be unemployed and was picked up for shoplifting and has 2 prior arrests may have an artificially high bail so he sits for weeks in a county jail awaiting trial. There are times when dangerous supersedes the right to be released from custody. This requires close scrutiny for making bail conditions that reflect risk to community and red flags for individual families.

In the 2017 Maine Law Review, Nicole Bissonnette restated her 2012 premise that bail conditions must be considered carefully when it comes to letting violent intimate partners out of custody. Ms.Bissonnette smartly cited the work done by this author and colleagues that brought these issues into sharp focus (Allanach et al. 2012). The importance of orders of protection cannot be understated in preventing domestic violence homicide. “The purpose of this follow-up comment is to evaluate the existing (PFA) system and assess methods of improving outcomes while avoiding prohibitive fiscal impacts” according to Ms. Bissonnete, 2017. The process, structure and failings of the existing system will be illustrated by the tragic deaths of Amy Lake and her two children, who were murdered by Steven Lake, despite the PFA in effect at the time. It was this case that brought domestic violence homicide into national prominence and provided substantive recommendations for mitigating DVH. Information is often unavailable to bail clerks or even judges when PFA’s are needed most. Information such as whether the defendant has previously violated conditions of release, probation or other orders, including, but not limited to, violating protection from abuse orders according to Jennifer Thompson, 2004. When these factors are affirmed then bail conditions must be revised in real time accordingly. Substantial bail for violation of protective orders is but one of them. Some believe that having non-refundable, very high bail is the only sanction to prevent recurring violations of the PFA. The 8th Amendment informs that bail may not unfairly impact people without employment and those who do not have financial means to buy there way out of jail.

There are cases, as recently as 2021 where a protection order was denied and domestic violence escalated into death of the New Hampshire suspect and critical injuries to intimate partner who became the victim. A judge did not think a protective order was warranted. Similarly, in Austin, TX, a disgraced police officer shot and killed his step-daughter, the teen’s boyfriend and his former wife in April 2021, even after the teenage girl begged for a protective order with the option to hold the abuser in jail. Her fear was palpable. The shooter was required to wear an ankle bracelet for 90 days after which he was free to stalk his former family who were trying to move on. There were several flaws in the safety plan in this case that ultimately triggered the terminal event such as coming together for planned visitation so the former police officer could visit his son who was not murdered. In New Hampshire, a judge denied a protective order on the basis that the abuser had not been violent since 2016 although acknowledged that the man was coercive and controlling. The victim, Lindsay Smith, was shot and critically wounded in Salem, MA in November 2021. Her former boyfriend, who had stalked the victim for the years since the break-up reportedly said he intended to forever “turn her life upside down” died from a self-inflicted gunshot wound. This may have been avoided if the temporary restraining that had expired had been approved to become a permanent restraining order as the victim had petitioned.

The desire to mitigate police discretion in domestic violence cases stems, in part, from problems relating to “the inherent ambiguity of the police-citizen encounter in the context of domestic violence.”

Jennifer Thompson, 2004 Maine Law Review

The domestic violence literature suggests that after 5-7 beatings victims will reluctantly summon police – especially if they fear either they or their children are about to be murdered. The details Calais, ME case of domestic violence are being carefully guarded even today. It is known that Daniel Phinney, 26 was out on bail after being arrested and charged with domestic violence and criminal threatening in May 2013. At that point he must have both physically assaulted his significant other and threatened to kill or maim his family resulting in the charge of criminal threatening. Police are quick to say that Phinney had “no prior criminal history” perhaps in an effort to obfuscate public outrage evoked by the system of bail in Maine that releases violent abusers over and over again on low bail. Had anyone made an effort to determine the degree of risk posed by Daniel Phinney prior to his release? Had anyone registered safety concerns based on the defendant’s behavior and history? If there had been routine aftermath follow-up then this may have been a known fact. A psychological assessment of Phinney may have provided important details about his impulse control, substance use, coping skill, and proclivity toward violence and had been charged previously with domestic violence. Phinney was killed by police in a stand-off in Calais, Maine shortly after being released from custody.

The case is reminiscent of the 2011 Steven Lake homicide in Dexter. Lake had twice been released on bail before murdering his family.  The medical autopsy concluded that “in spite of psychological counseling (the state) failed to appreciate the degree of anger and violence in Steven Lake”.  He had also been charged with criminal threatening after holding his family at gunpoint as he drove home the point about how much he loved them but he could not let Amy move on. 

Using a firearm in the commission of a domestic violence incident is defacto evidence of dangerousness and no bail shall be considered until such time as all firearms are collected and a viable safety plan is in place for potential victims including police protection. Michael Sefton, Ph.D. 2021

I was a member of a team that conducted a psychological autopsy on Steven Lake that resulted in over 50 recommendations to the esteemed Maine Attorney General’s Homicide Review panel in November 2012. At first glance there appears to be brash indifference toward the court protection order and the failure to remove firearms held by the defendant. It is now important to study the case of Daniel Phinney and others, so we ma learn from the many red flags exhibited in the weeks prior to his death. These red flag events must lead to stopping and containments points in future cases of domestic violence and domestic violence homicide. No family should be kept in fear by a spouse whose loathsome behavior derails all human spirit and sense of dignity.

At what point does the well-being of victims and potential victims rise above the abuser’s right to bail?

Michael Sefton, 2014 on the 8th Amendment and PFA orders

Allanach, R et al., Psychological Autopsy of June 13, 2011, Dexter, Maine Domestic Violence Homicides and Suicide: Final Report 39 (Nov. 28, 2011), http://pinetreewatchdog.org/files/2011/12/Dexter-DVH-Psychological-Autopsy-Final-Report-112811- 111.pdf.

Bissonnette, NR (2012). Domestic Violence and Enforcement of Protection from Abuse Orders: Simple Fixes to Help Prevent Intra-Family Homicide, 65 Me. L. Rev. 287. Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol65/iss1/12

Thompson, J (2004). Who’s Afraid of Judicial Activism? Reconceptualizing a Traditional Paradigm in the Context of Specialized Domestic Violence Court Programs, 56 Me. L. Rev. 407.

Sefton, M. (2021) Domestic violence and the importance of red flag warnings for preventing homicide. WordPress Blogpost. https://msefton.blog/2021/04/24/domestic-violence-and-the-importance-of-red-flag-warnings-for-preventing-homicide/ taken 2-25-2021

Law Enforcement and the “window” of attack against domestic violence

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence, domestic violence homicide, Human Behavior , , , , , ,

Human Behavior blog

In Iceland, the first 24 hours after a report of domestic violence, the window of opportunity is open. During this window there is multidisciplinary response from police, social work, legal experts, and from the child protective service that establishes a safety plan and targets supporting the victim from her household, and sometimes away from the dangerous intimate partner.The first 24 hours after the report comes in is critical. Victims are more likely to accept help if definitive, comprehensive assistance can be offered right away. Within the window of emotional opportunity.

The Iceland Project puts together the package needed to bring charges by having a team of social service and law enforcement investigators who work together during the “call out”. One reason cases of domestic abuse seldom make it to court is because days and days go by before investigators can interview the victims. Some go to work, and some do not make themselves available to officers. “In Iceland, twice as many women are reporting incidents of domestic violence to the police than they were two years ago. This is due to an ongoing police initiative to provide women with better-timed and better-located assistance, which is bringing the problem out of the shadows” as reported in apolitical in 2017. I have called for regular aftermath follow-up in cases of domestic violence as a form of community policing. Officers work in pairs and stop during the next day to complete a check-in. Victims are contacted by their abusers or the family of the abuser or may be harassed via social media and made to feel like it is their fault this occurred. I had one victim tell me she was beaten up by her husband because the dinner she had prepared was late and unsatisfactory. I stayed in contact with her until the family quickly sold their home and moved from the area. That is pretty typical whereas the abusive partner wants to keep his wife under control. As soon as she makes friends he moves her somewhere else. Even if he takes a different job. Cases of domestic violence here in the United States skyrocketed during the pandemic quarantine that also gave birth to new higher rates of substance abuse and changes in behavioral health and well-being.

Police in Reykjavik, Iceland believe that detectives or senior police officers must intervene within the window – 24 hours from start of a call out, to put together a strong case and collect evidence. They work in teams of 4 or 5. The former protocol was often several days after the call and coincided with the honeymoon period. Bail conditions frequently fail DV victims as the abuser is often bailed out within 1-2 hours. Egregious cases of DV should be held without bail until a dangerousness hearing may be initiated. The result of this usually resulted in cases being dropped and victims staying in dangerous relationships. In theory, victims are more likely to accept support and provide meaningful evidence in the first 24 hours after their abuse. The window program is designed to link victims with programs such as housing, psychotherapy, job assistance, and financial means for a new start.

The Iceland Window Project also offers perpetrators the same assistance and supports that victims receive. Charges against perpetrators of abuse have gone from approximately 24 percent of cases to approximately 30 percent of cases. This is a modest improvement at best, according to the BBC podcast People Fixing the World who report that caseloads have increased dramatically since 2014. In spite of modest changes in prosecution numbers the Window Project’s fundamental aim is to reduce intimate partner abuse. It is a well designed project to support victims and keep them focused on the problem. Many practitioners believe that when a family is in crisis, such as when police are called to the residence, that great change is possible. There has been some movement toward prosecuting abusers even when the victim changes her mind. This is a primary reason for the Window Project’s success. By getting statements, photos, and other evidence there is greater likelihood that cases can go to court even when the victim chooses not to prosecute police are now doing this on behalf of bullied partner/victims. Children who are exposed to severe domestic violence are more likely to go on and become victims going forward. Or worse, they grow up and do exactly what their abuser did.

Here in the United States victims of domestic abuse are at great risk. Especially as they prepare to leave their abusive partners. Law enforcement is required to arrest perpetrators of DV whenever signs of physical trauma. That is generally understood by the police and the abusive spouses. But what happens just as frequently, law enforcement officers send the abuser away for the night or weekend. This makes things worse for victims and children.

Domestic violence and the importance of red flag warnings for preventing homicide

Michael Sefton, Ph.D. domestic violence, domestic violence homicide, Human Behavior , , , , , , ,

The police in Austin,Texas here in the United States are dealing with a horrific case of domestic violence homicide just this week 2021. A former Traverse County sheriff’s detective killed three members of his family while picking up his son for a monthly supervised visit. Stephen Broderick shot and killed his former wife, step-daughter and the girls boyfriend. He did this all the while he was coming to visit the 9 year old boy. Broderick fled the murder scene was captured 20 hours later. That Broderick was a police officer made this case of special circumstance.

The 16-year old child, who was among the victims, begged for a more restrictive supervision from her step-father who had been released from jail on lower bail and was not required to wear an ankle bracelet after a period of 3 months. The order of protection was brought against former police detective who was now unemployed. In spite of the protection order being in place, even the teen knew that orders of protection were often violated and difficult to monitor. It is reported that when victims believe that they will one day be killed by an intimate partner then the danger is real and should be considered a red flag. Having a child unrelated to the abuser In the household is another significant red flag. 

“In the year that Amy Lake’s protection from abuse order was active against Steven, he violated that order at least five times but spent fewer than two days in jail for those violations, the report found. He also stalked her on Facebook, according to Diane Bowlby of the Bangor Daily News who was at the scene shortly after homicides.

Bangor Daily News 2012

Now nearly 10 years on, the psychological autopsy conducted in 2011, looked at the red flag warnings that are common to DVH everywhere. some I have described above. What brought my attention to the case in Maine was the purported prosecutorial impotence demonstrated by the district attorney Christopher Almy provided to local television. Almy said there was “nothing that could have been done” to protect the victim, Amy Lake and her two children, from her estranged husband Steven Lake. By saying there was nothing that could be done to protect the Lake family, the DA inadvertently undermined not only the police but the many agencies and medical professionals charged with drafting safety plans for victims of intimate partner abuse everywhere. In a similar way, newly elected county DA Jose Garza said he was “confident police did all they could to protect this family and he was incredibly proud of the officers” for the way they handled the Broderick case. More than one citizen comment in the newpaper questioned how anyone can be proud of a situation resulting in the deaths of 3 human beings? Given the outcome in both cases, and countless others, comments such as these strain credulity and fail to inspire.

On June 12, 2011, Mr. Lake snuck into the Amy’s rented home in Dexter and staged a despicable murder scene ultimately killing the children he claimed to love while Amy was forced to watch. Ending with her shotgun murder and is own death by suicide – ending the Lake family timeline forever.

In an article on contingencies for bail in cases of domestic violence, attorney Nicole R. Bissonnette writes in the the Maine Law Review about the importance of thoughtful conditions of bail, especially among men who are found to have violated these conditions often by texting, stalking and using social media to intimidate and contact potential victims of extended family members. Her published paper adds that failure to relinquish all firearms must be reported to the federal database. Ms.Bissonnette cited our work over 12 times as it pertained to “red flag” warnings and bail reform. Bissonnette raised questions about protection orders and the need for added tools of enforcement for men who violate the protection from abuse orders (PFA) often called restraining orders.

In Maine, men who violate orders of protection are often released from custody with low bail or no bail. Steven Lake was twice released from jail on two thousand dollars that was paid by his father. We proposed increasing bail by a factor of ten on any violation of the stay away order and that a comprehensive review of possible high risk warning signs and psychological history be undertaken prior to release. Using a firearm in the commission of a domestic violence incident is defacto evidence of dangerousness and no bail shall be permitted until such time as all firearms are collected and a viable safety plan is in place for potential victims including police protection.

The argument made by defense lawyers is invariably, that the lack of a criminal history defies precedent for holding men on large amounts of bail. This is illogical given the numerous red flags that were present in this case and Lake’s disregard for the law. In truth, Mr. Lake had never been arrested for his history of sexual crimes during the marriage, verbal threatening or anything until his final meltdown began. Tension boiled over on June 14, 2010, at the family home at 9 Brighton Road in Wellington when Steven allegedly brandished a gun in front of his family, threatening Amy and the man he accused her of having a relationship with, as reported in the Bangor Daily News. After that event, he was arrested and charged with criminal threatening for which he was heard to say that “he would never serve a day” in jail and that “the price of divorce is 35 cents – about the cost of one bullet.”  A comment that a court appointed psychologist might have wanted to better understand.

Lake slept with a pistol and holster hanging on his bed post. He posed with a rifle in his high school year book.  Steven was a gun guy and owned over 20 firearms. The criminal threatening occurred one year before he killed them all as the trial for criminal threatening approached and as the countdown to his divorce from Amy began ticking louder in his brain. None of his weapons were inventoried by police. Had he been held on high bail for each of the PFA violations and been properly assessed for his proclivity toward violence, he would have been unable to kill them one year down the road in 2011. Yet he had time to scribble over 10 suicide notes blaming everyone but himself for the deaths including the judge and his father-in-law, whom he promised to “see in hell.”  His father told us for the final report that if the judge had only let Steven see his 2 children for the 8th grade celebration, this could have all been avoided. Like his son, the senior Mr Lake looked to redirect blame away from his son. The 2 hours we spent with Steven Lake’s parents were perhaps the most unsettling and sad of the nearly 200 hours and 60 people who agreed to be interviewed. 

Fast forward 10 years. The setting is north central Texas. On Sunday morning April 18, 2021, in northwest Austin, law enforcement officials say Stephen Broderick shot and killed his step-daughter, Alyssa; her mother and his estranged wife, Amanda Broderick, 35; and Alyssa’s boyfriend, Willie Simmons III, 18. The 9 year old child was not harmed. 

It is common for former intimate partners troll the social media accounts of family members in an effort to locate estranged spouse and her children who may be in hiding. Both Amy Lake and Amanda Broderick, the Texas mother of 3 expressed an interest in having children remain in contact with extended family, in spite of pending felony charges. Amy was keen to have her children see their grandparents (Steven’s parents) and have supervised visits with Steven. She communicated with her in-laws regularly via social media showing photos and posting life without Steven that he saw while trolling her account. 

Meanwhile, Amanda Broderick was said to have been sent over 30 text messages with a variety of intimidating sentiments about the upcoming trial yet she okayed supervised visits with their son, age 9. Any contact like this is a violation of the protective order and should have landed Broderick in jail. And they were sure to open up possible access to the jealous perpetrator to clues about current living arrangements, employment, after school activities, and other potential clues that raised the risk of further domestic violence and ultimately DVH. There were messages of deep felt sorrow and remorse as well, that are common in the cycle of abuse.

While awaiting adjudication of felony charges there must be no contact between children and violent perpetrator whatsoever. In Austin, the victim expressed a wish to allow her estranged husband to have contact with the little boy – his son, in spite of pending felony rape charges brought forth by the 16-year old step daughter who rightfully feared for her life. Amanda Broderick saw this as being in the “best interest of the child”. This remains a weakness in the overall safety plan and should have been denied by the family court.  It was unjustified given the fear expressed by the victims in this case, which ultimately were quite valid.

Firearms are a major cause of DVH and in every state are required to be taken from men with active protection orders in place. This was the default expectation in the two cases described here but in the case of Stephen Lake his arsenal of 22 firearms were not removed from his possession in spite of court orders. Similarly, the Austin killer was left with at least one firearm used to kill his family. Lake left 9 suicide notes many of which were rambling, angry tirades toward his wife and in laws. The Austin killer did not take his own life and was captured raising the specter of possible psychological analysis of his motives making the two cases very different at this level. To what extent Texas authorities will endeavor to understand the events that preceded the murders remains unclear. However, gaining a comprehensive understanding of the red flag warnings in this case is highly recommended and will add to the body of literature on domestic violence.

A court-sanctioned visitation agreement required them to maintain some contact to allow Broderick time with his son. In the application for a protective order, Amanda wrote that Broderick called her some 30 times after she left home to intimidate. She feared he would come after her and the children, she said, “because these allegations have come out and he may lose his career.” He could be dangerous, she warned.

Why would a court require that an abused family be required to allow an accused rapist to have visits with a 9 year old child? It cannot be in anyone’s best interest to have forced visitation with a violent and angry abuser.  One could argue that the killer in Austin, Steven Broderick shared most commonalities with the Maine case ten years previously, including sexual violence, coersion, threats of death, pathological jealousy, violation of the order of protection, trolling social media and refusal to surrender his firearms. He was a cop. Broderick was a SWAT trained police officer who resigned his position after being arrested for sexual assault on his step daughter. He should not have had a firearm pending the outcome of his case. He was released from jail on partial bail because he did not have the funds for the bail that was set by the court. He should not have been permitted to visit with his biological son. The risk of violence as was easily foreseen given past behavior. In the same manner, Stephen Lake would never stand trial, and had a cheap divorce in mind early on. 

“Domestic violence is not random and unpredictable. There are red flags that trigger an emotional undulation that bears energy like the movement of tectonic plates beneath the sea.” according to Michael Sefton (2016).

  1. Threatens to kill spouse if she leaves him – pathological jealousy
  2. Actual use of firearm or other weapon anytime during domestic violence incident
  3.  Access to firearms even if he never used them – veiled threats
  4. Attempt at strangulation ever during fight
  5. Forced sex anytime during relationship
  6. Unemployment of perpetrator
  7. Stalking via social media
  8. Presence of unrelated “step”child in home
  9. Spouse finds new relationship soon after separating
  10. Low bail release from custody – high bail holds are essential in DVH mitigation

In Maine, Texas and across America, the criminal justice system – including prosecutors, too often fail to protect victims of domestic and family violence from their abusers — even when the “red flag” warning signs are obvious as they were in both these cases.  See the 10 risk factors above for specific warning signs common to DVH. This begs the question, why are cases of domestic violence homicide not more fully examined with a psychological autopsy? These examinations might add to the body of literature and create impetus for change in DV law including bail conditions as suggested in the Maine Law Review. This post-mortem psychological examination would provide a number of clear red flags that are common from case to case. By doing so, perpetrators and those responsible for prosecuting them would operate quite differently. The judicial system for bail conditions would be beefed up including use of GPS monitoring along with high bail for repeat violations of protection orders. This must be taken seriously to provide greater security for potential victims and children growing up in these secretive, marginalized, and violent families. Advocates say the episode is a horrific example of a long-standing problem that hardly ever makes headlines: America’s criminal justice system too often fails to protect victims of domestic and family violence from their abusers according to the Texas Tribune published 4-23-2021.

If you or someone you know is facing domestic violence, call the National Domestic Violence hotline for help at (800) 799-SAFE (7234)

Sefton, M. (2016) Blog post: DVH in MA: 4 year old child begs his father.  https://msefton.wordpress.com/2016/10/02/dvh-in-ma-4-year-old-child-begs-father-not-to-murder-his-mother/. Taken 4-25-2021

Allanach R. et al., (2011). Psychological Autopsy of June 13, 2011, Dexter, Maine Domestic Violence Homicides and Suicide: Final Report 39 (Nov. 28, 2011), http://pinetreewatchdog.org/files/2011/12/Dexter-DVH-Psychological-Autopsy-Final-Report-112811-111.pdf.

Harlem domestic violence homicide calls for transparent psychological autopsy

Michael Sefton, Ph.D. crisis intervention, Dangerousness assessment, domestic violence, domestic violence homicide, DVH, Human Behavior, Police officer behavior, psychological relevence, terminal rage ,
The psychological autopsy is an individually designed case study that elicits a broad range of factual data regarding the behaviors of a decedent in the immediate day or days leading up to domestic violence homicide. The study is especially important when first responders and essential workers are involved all the while a pandemic ravages the city in which they live. Michael Sefton, Ph.D. Direct Decision Institute, Inc.

The recent domestic violence homicide in Harlem raises the specter of an essential city worker who killed his sister-in-law while his wife called for help. The police stopped the attack resulting in the death of Ubaldo Gomez but not before he shot and stabbed a women in the head with a kitchen knife. The fact is that domestic violence has increased during the pandemic as it does at other of life’s stress points. Did the fact that the alleged murderer was an MTA employee considered to be “essential personnel” have an impact on his mental health that may have been foreseen? What role, if any, did his role as an auxiliary police officer for the NYPD have in the terminal event? A psychological autopsy would answers these questions and establish a worst case scenario of frontline exposure to trauma and possibly offer insight into underlying history that may have been anticipated and stopped. Certainly the hierarchy at 1 Police Plaza will have an interest in this case. The Corona virus has added to risk of DV and DHV.

For too many women who are abused repeatedly during times of crisis there is no place to run and no one to keep them safe. Orders of protection are ineffective and without GPS monitoring and they are nearly impossible to enforce. In a 2011 domestic violence homicide in Maine, the protective order was violated 4 times by Steven Lake who killed his wife and children in Dexter before killing himself in June 2011. That alone was grounds to hold Lake without bail. No police agency removed access to his collection of over twenty firearms. The scene diagrams illustrate how Lake was armed with two firearms and a hunting knife. He murdered his children while forcing his estranged intimate partner to watch. It was thought that he planned a murder spree and he left 9 suicide notes. The final despicable act, as police arrived, was to attempt to light the bodies on fire.

In general, there is little interest in such a comprehensive post hoc psychological examination because there is no pending prosecution. Nevertheless, a psychological autopsy conducted on Lake in the Fall of 2011 revealed a clear timeline littered with red flag warnings that were missed or ignored. The research conducted in 2011 was done pro bono. It undertook over 200 hours of interviews and presented the Domestic Violence Review Board with over 50 recommendations for reducing high rates of domestic violence homicide in Maine (Allanach et al. 2011). The medical autopsy editorialized the case in its final report:

“Despite receiving some mental health counseling it is apparent, in retrospect that the degree of violence and anger possessed by the abuser was not realized.”                                                            Chief, Maine State Medical Examiner

This latest case in point involved an estranged wife, her sister, and the building manager in Harlem. The three were having dinner when someone armed with a firearm broke into the apartment. It was the estranged husband of one of the women. He was wearing his Metropolitan Transportation Authority uniform, and he had a gun according to the NY Post reports. In the meantime we have been told that the perpetrator was an auxiliary police officer and was licensed to carry a firearm. What triggered this paroxysmal violence? If it was foreseeable, then Mr Gomez should not have had access to his firearm.The psychological autopsy will address prior history of intimate partner violence, protection orders in place, work-related stress, recent health concerns related to the corona virus and Mr Gomez trauma exposure history, and his mental health in the days before the murder. 

Police officials said the transit worker, Ubaldo Gomez, shot his sister-in-law and stabbed her in the head with a knife, while his wife reached out for help. When Gomez refused to drop a 12-inch kitchen knife and tried again to stab the man, a police sergeant opened fire, killing him. In the end, there is always at least a single person who knows what is about to happen and often does nothing to stop it. A family member of Gomez suggested “he had some mental issue, something happened. He was always working day and night. He barely slept. He worked.” as quoted in the NY Post. Whether this duplicity and denial stems from cultural beliefs about the supposed “privacy” of DV, society must change the way in which law enforcement manages these cases. The buy-in from police, legislators, judges, probation, and the public-at large needs to be fully endorsed for real change to happen and for safety plans to work. Many states across America are planning to enact “red flag” rules that will remove weapons from individuals with a known history of domestic violence e.g. choking spouse during fight (Sefton, 2019).

Family members who may be in the crosshairs of these insidious events often see but lack the knowledge to stop the emotional and behavioral kinetics once they start. The fear of being murdered by an intimate partner creates emotional paralysis. In a large percentage of DV occurrences, financial and self-image influences as well as outright fear of the abuser by the victim limit moves toward safety. Therefore, a continuum of interagency cooperation is needed to effectively measure risk and understand the pre-incident red flags that are common manifestations of abuse and often forecast terminal violence, all of which occurred in this case. As the totality of these red flags comes into focus it becomes incumbent upon each of us to take action to prevent domestic violence threats from becoming reality (Allanach, et al. 2011).

It would seem to be vitally important that a transparent psychological autopsy be initiated to gain an understanding of the factual behavior that was observable and measurable in the days leading up to the murder especially given the likely unintended victim. Preliminary reports described Gomez as having a pattern of pathological jealousy and victim stalking. For her part, Gomez’ wife Glorys Dominguez called for help in the weeks prior to the terminal event seeking help.

active shooter addiction Bail conditions in domestic violence CIT Community Policing crisis intervention Dexter domestic violence domestic violence homicide DV DVH DV Homicide extended family fitness health psychology intimate partner violence jail diversion Law Enforcement Leo Polizoti Maine Mass shooting mental health mental illness Michael Sefton parenting Personality Police police behavior police mental health liaison police officer police suicide pre-incident red flags psychological autopsy PTSD red flags Resilience Ron Allanach Sefton Sefton Blog Social skills Suicide terminal rage toxic relationships violence workplace violence

Allanach, RA, Gagan, BF, Loughlin, J, Sefton, MS, (2011). The Psychological Autopsy of the Dexter, Maine Domestic Violence Homicide and Suicide. Presented to the Domestic Violence Review Board, November 11, 2011

Sefton, M (2019) Violence prediction: Keeping the radar sites on those who would do us harm. Blog post https://wordpress.com/block-editor/post/msefton.wordpress.com/5012 taken May 23, 2020.

Sheehan, K, Moore, T. Woods, A. NY Post May 21, 2020 https://nypost.com/2020/05/21/man-killed-in-nyc-police-involved-shooting-was-auxiliary-cop/?

Gender in peril

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence, domestic violence homicide, Gift of Fear, Human Behavior , , , , ,

There are places in the world where intimate partner violence is pervasive. so pervasive that it Places the opposite gender in peril for 50% of the poor Places like Russia, Saudi Arabia, France, Egypt, and the United States have excessive rates of domestic violence and domestic violence homicide. This week in Russia, three sisters await trial for the murder of their physically and sexually abusive father. He was murdered while he slept. In spite of having first-hand audio of his abuse the three young women face over 10 years in prison for the crime

While France has a progressive reputation and pushes for women’s rights around the world, it has among the highest rates in Europe of domestic violence, in part because of poor police response to reports of abuse. Many of the women killed this year had previously sought help from police.

Violence against women is a costly and pervasive public health problem and a violation of human rights according to a 2010 paper by the Population Research Bureau. “In Egypt, a third of women are physically abused by their husbands,” according to the 2005 Egypt Demographic and Health Survey (DHS). “Most victims suffer silently and don’t seek help to prevent or stop the violence because they think it is part of life or they are embarrassed by the abuse.” 

It is like that here in the U.S. as well. Victims undergo unbearable pressure to anticipate what triggers the violence they experience. Substance abuse adds to the unpredictable nature of the perpetrators. In some rural communities in Egypt and elsewhere, honor killings remain taboo and are often minimized as a “family matter”. When a woman falls in love with a man of a different religion she may face honor killing by her father or oldest brother who feels duty bound to revenge the dishonor brought by such behaviors. This is a significant problem here in the United Stages as well. In a recent article, a man in his taxi cab ran over his wife because he had a dream she was being unfaithful to him. There are over 25 honor killings estimated annually here in the U.S.

These are not isolated incident from third world countries. While I was working in law enforcement, one victim said to me that “she was beaten by her jealous husband for taking too long in the voting booth.” It was unacceptable to him that she visit with friends and neighbors she encountered while in line to cast her vote. He called her on the cell phone three times in 30 minutes which illustrates the coercive behavior and control seeking put upon victims of intimate partner abuse.

In the French Republic, French film and TV stars joined abuse victims and activists calling for an end to “femicide.” Many held banners reading “Sick of Rape.” Like many developed countries there is an engrained denial and secrecy about spousal abuse including rape. In parts of Africa, including Kenya, Tazania, and South Africa, domestic violence may reach 50 percent of girls over age 15. These figure illustrate the problem of gender inequality in the developing countries alike.

The protest in the French capital came on the U.N.’s International Day for the Elimination of Violence Against Women and is aimed at pressuring the French government before it unveils new measures Monday to tackle the problem. A shift in egalitarian gender roles will take generations to take hold. Meanwhile, protection of girls and women should include safety planning, early intervention in public education, greater police response to physical violence, and a zero tolerance policy for violating an order of protection.

Domestic violence is a major cause of disability and death among women worldwide, and puts women at a higher risk for unintended pregnancies and sexually transmitted infections, including HIV/AIDS. An undeniable double standard exists across the world when it comes to sexual violence and male infidelity. The incidence of honor killing remains a despicable happenstance in India, Pakistan, Turkey and Egypt and 5000 innocent girls annually.

The proposed intervention measures are expected to include seizing firearms from people suspected of domestic violence and prioritizing police training so they won’t brush off women’s complaints as a private affair. In late November, Time Magazine’s Angela Charleton featured a profile of intimate partner violence that is worth the read . However, countries like France, Saudia Arabia, and Egypt have a low rate of gun ownership so further study must but undertaken to understand the secret narrative that threatens an entire gender.

“…Such are the places where every man, woman, and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerted citizen action to uphold them close to home, we shall look in vain for progress in the larger world,” said Eleanor Roosevelt.

More than ever women around the globe are now shouting out in private and public spaces, regardless of the possible backlash, “I am equal!”

“The term femicide was first coined in the 1970s to refer to gender-related killings. Femicide is not recognized in the French criminal code, but Marlène Schiappa, the junior minister for gender equality, said the recognition would be discussed in the coming weeks” described Laura Fourquet in a September 2019 NY Times article on the topic

PRB. (2010). Domestic Violence High in Egypt, Affecting Women’s Reproductive Health taken November 25,2019.

Investigating domestic violence, predicting danger, and containing the anger

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence, domestic violence homicide, Ernie and Joe, Health Psychology, Human Behavior, Parenting, PTSD, Relationships, terminal rage , ,
image_502116fc-2724-4fe0-bba0-c375c3c85c13.img_0646
Dr Michael Sefton
Domestic violence homicide results when victims decide to move on with their lives and inform a jealous, insecure spouse that they no longer want a relationship. October is Domestic Violence Awareness month. The risk is greatest when victims decide to leave. At first glance one might say “Lots of people break up and do not murder their spouse and family” according to Michael Sefton shown in the photo above. That is a fair statement, but it happens enough in the United States and elsewhere that domestic violence homicide must be considered in the most egregious cases of DV. Last week in Massachusetts a family was murdered because one spouse asked to be let go and people were stunned that they saw nothing to warn them of what was brewing.
“Domestic violence is not random and unpredictable. There are red flags that trigger an emotional undulation that bears energy like the movement of tectonic plates beneath the sea.” according to Michael Sefton (2016).
At what point does a potential victims begin to wonder whether she and her children are safe? We are lead to believe that abusive intimate partners cannot be held in jail unless they are in violation of an order of protection, AKA: restraining order. This is untrue. But time and again, violent and abusive partners stalk and ignore orders of protection – especially using social media tracking software and trolling social media sites like Facebook, Instagram, and What’s App to find victims and watch their activity. It is all about control, pathological jealousy, and instilling fear and terror. Restraining order’s are authorized by a district court judge who is on call night and day in most parts of the country. Restraining orders are not authorized unless substantial threat to the victim exists.  These orders are carefully crafted by investigating police officers whose reports highlight the exact nature of the violence and the reason the victim needs protection. “Protection orders are offered to the victim after the first sign of physical violence. It has been espoused that the police are not called until after the 6th or 7th episode of domestic violence” according to Sefton, 2016.  DV is a secret affair between members of a family who are often ashamed or embarrassed to come forward for help often until things gradually get worse – sometimes years into a pattern of violent dysfunction. Research is clear that separating spouses for the night does not positively impact the level aggression and risk in the household as much as the formal arrest of the aggressor.  What usually happens is the police break up the fighting couple by sending the aggressor off to the home of a friend or family member – less often to jail unless there are obvious signs of abuse. Arrest is mandated by law when physical signs of abuse are apparent. It has become all too often the case that hindsight – taken seriously – may have saved a life. It is when they are attempting to leave that abuse victims are at greatest risk of death due to domestic violence as in the case of Amy Lake, a victim of domestic violence homicide whose case was carefully studied in the Psychological Autopsy of the Dexter, Maine Domestic Violence Homicide (Allanach, et. al. 2011) that occurred in June 2011. Lake’s husband and murderer was heard to state that “if you ever try to leave me I will kill you”.  In research conducted by this author and colleagues we learned that as soon as police leave the scene the risk for violence is increased. We interviewed a man who served 18 years for the murder of his wife and he described in vivid detail how he used nonverbal coercion to manipulate his wife while being interviewed by sheriff’s deputies in Maine. He admitted that as soon as the police were out of the driveway he strangled and drowned his wife for calling them. In our interview, he claimed that she was his best friend. In the end, there is always at least a single person who knows what is about to happen and often does nothing to stop it. Whether this unwitting duplicity stems from the cultural belief that what happens behind closed doors is “nobody’s business” or the conscious result of intimidation should not change the proper law enforcement intervention in these cases. Early incarceration provides opportunity to draft a viable safety plan for potential victims and in some cases, will instill a desire for change in the violent partner. In the meantime, substantive buy-in from police, legislators, judges, probation, and society needs to be fully endorsed for real change to happen and for safety plans to work and violent partners to be contained. 
Allanach, RA, Gagan, BF, Loughlin, J, Sefton, MS, (2011). The Psychological Autopsy of the Dexter, Maine Domestic Violence Homicide and Suicide. Presented to the Domestic Violence Review Board, November 11, 2011 Sefton, M (2016). https://msefton.wordpress.com/2016/07/20/the-psychology-of-bail-and-alternatives-to-incarceration/ Blog post: Taken October 9, 2019

Domestic Violence Awareness October 2019

Michael Sefton, Ph.D. Dangerousness assessment, domestic violence, domestic violence homicide, Human Behavior, Police officer behavior , , ,
  • Victim passed this note to Veterinarian staff – Photo VCSD

Today, as we read about another family destroyed in domestic conflict here in the Boston area, I can imagine the images seared into the eyes of those who responded to the call finding 3 children dead along with their parents.  The Abington, MA police chief described the death scene in the Boston Globe as “something unimaginable”.  Some people are better equipped to handle horrific cases where death is on public display – perhaps even today’s horrific domestic terror attack here in Massachusetts. Others become impacted by the recurring images and how they are all the same after a while. Too many calls resonate with the officer’s personal well-being and safety leaving him or her constantly on guard. But over time – even the neurosurgeon – will become harmed by embitterment when his learned craft can do nothing to fix a leaking brain and his patient dies. Perhaps he feels that with updated equipment and training he may have been able to save the life?

This is what LEO’s face.  A loss of purpose in life and the unmitigated stench of a decomposing society over which they have no control and, too often, a internal command structure who does not know what it is like to be in a lonely barn at 2 AM and see the hanged remains of someone who, after 5 hours, would leave even the most hardened of us on our knees and wanting out.

October is Domestic Violence Awareness month. Cases such as today’s Abington murders often leave emotional tracers that can grow a database which LEO’s can utilize when investigating calls for service. Lives will be saved when society takes a closer look at red flag violence – these are the pre-incident indicators that violence and domestic violence homicide are at highest risk (Sefton 2018). Some behaviors are secretly guarded among intimate partners – as “nobody’s business”. Police officers must inquire and listen carefully to the victim who firmly believes her spouse intends to kill her. The underpinnings of her fear are generally spot on as in the case I that investigated in Maine using the psychological autopsy in 2012. For the cases with high likelihood of domestic violence homicide, greater care for victims must be initiated from the beginning before it is too late. It can be a hard sell, I know, but the reports we write must also be “spot on” when it comes to dangerousness, risk, and containment.

Sefton, M (2018) Violence prediction: Keeping the radar sites on those who would do us harm. Blog post: https://msefton.wordpress.com/2018/05/20/violence-prediction-keeping-the-radar-sites-on-those-who-would-do-us-harm/ Taken October 8, 2019