Staff Writer

When Kelly Howe finally worked up the courage to report her abusive husband to police in her small town, they didn’t come.

It was the early 1980s and Howe, then a young mother of two children, said police didn’t always take seriously the abuse women suffered at the hands of their husbands. Domestic violence wasn’t considered a serious problem and the cycle of abuse often continued unabated, she said.

More than 20 years later, Howe – Mrs. Maine International and an advocate for domestic abuse awareness – sees progress in the way victims are treated by police departments and the court system that punishes their abusers.

“Even though so much progress has happened, there are still people in the court system and police departments who don’t have that training to help victims in the best way,” Howe said.

Caring Unlimited, a Sanford-based domestic violence program, agrees there is progress to be made and began a court monitoring program last year to deterine how well the criminal justice system prioritizes victim safety and abuser accountability in domestic violence cases.

Its report suggests a variety of changes the court system can make to better deal with domestic violence, including implementing risk-assessment programs for accused abusers.

The report, prepared by Project Coordinator Sherry Edwards, praised the Saco Police Department for its use of the Ontario Domestic Assault Risk Assessment, which has been used to argue for higher bail and more bail restrictions for domestic violence perpetrators.

Edwards said her top recommendation is use of risk assessment tools by police departments and prosecutors.

“When we know what the risk of re-offense is, it helps us know who we need to be paying attention to,” she said. “When we know where to put our resources, we’re more effective. It also helps us safety plan with victims. We can quantify the risk.”

Saco Deputy Police Chief Charles Labonte said the 13 “simple” questions in the assault risk system were the answer to the department’s prayers. The department was the first in the state to use the system.

Labonte said the department wanted a better way to assess domestic violence situations because “we felt our basic investigative process was not getting enough information.”

“We really weren’t able to create a clear vision of that danger level,” he said.

The 13 yes or no questions provide a clearer picture of potential danger for the victim and help officers better understand the situation, Labonte said. They  help determine if alcohol was a factor in the assault, if weapons were used and the relationship of the victim to the alleged abuser.

Labonte said each “yes” answer is given one point. The higher the total score, the higher likelihood another domestic violence assault may occur. Any perceived offender with a score of 7 to 13 is considered highly likely to re-offend, he said. The system only is used to evaluate men.

When officers fill out a risk assessment, the score is sent with an incident report to the district attorney’s office. The score also helps bail commissioners set appropriate bail amounts and conditions, Labonte said.

Officers also can use the score to talk to victims about the “grave danger” they are in, Labonte said.

“Sometimes victims can’t see it, sometimes victims don’t want to see it because they think there’s no hope to get out,” he said. “Having this mechanism in place and being able to show the victim (the score) is often times helpful in getting the victim out of that situation.”

An arresting officer also can discuss the score with the bail commissioner, who can postpone bail by up to six hours, Labonte said.

“This provides the officer the opportunity to help the victim get things together and find alternative housing or safe housing with Caring Unlimited,” he said.

Kennebunk Police also use Caring Unlimited as a resource for the town’s domestic violence victims.

While the department does not use the ODARA system, in the past few years the domestic violence laws have changed the way the force handles those calls.

“Long gone are the days we just split up the partners and send them on their separate ways,” Kennebunk Police Lt. Anthony Bean Burpee said. “We have to charge people now.  When we go (on a domestic violence call) someone is going to be arrested.”

Burpee said police are trained to separate the partners and find out which was the “aggressor.” Sometimes both parties are the “agressors” and both are arrested. 

When this happens, bail is set, but it is up to the bond commissioner to decide which partner gets to return to the residency, and which partner can only return once, with a police escort, Burpee said.

After an arrest, Saco police use the risk assessment scores to determine the number of follow-up visits made to the victim and alleged abuser, Labonte said. Anyone who received a high score will be visited multiple times. Bail conditions usually prohibit contact between the abuser and victim and officers check to make sure they are complying with the order.

Labonte said stepped-up visits after the arrest send alleged abusers the message to follow their bail conditions. The department’s top priority is addressing domestic violence cases and continuing to protect victims, he said.

Labonte said having a tool like the ODARA system in place helps not only police departments but the court system as well. He said he would like to see the system used more widely by departments, judges and prosecutors.

“Are we perfect right now? No, we’re not. From the investigating officer all the way to the judge we can improve,” he said. “Addressing domestic violence in our society can’t be just about the police department. The stronger effort that’s made by everyone, the greater possibility the outcome will be positive for the victim.”

Burpee said Kennebunk Police use a domestic violence packet the department put together that tells victims the court process to get legal protection from their abusers and information on how to protect themselves from abusive relationships. Police also check on all victims within 48 hours after the incident occurred.

More than a decade ago, the Biddeford Police Department was the first in the state to develop a proactive response team to handle domestic violence cases, said Sgt. Rick Doyon. It was Chief Roger Beaupre’s vision to develop a way to help victims of domestic violence through the process, he said.

For the past 12 years, a federal grant has funded two officers for the proactive response team. The officers spend a day or two each week following up with victims and their alleged abusers to make sure bail conditions are followed.

During the first year of the program, the team found more than 100 violations. That number was down to 25 arrests for violations in 2009, Doyon said. He said the responses from victims indicate they like having the proactive response team in place.

“They feel somewhat at ease knowing an officer can show up at any time,” he said. Officers also can check with neighbors and relatives to see if the victim and abuser are together.

Doyon said the department currently is considering whether to begin using the ODARA risk-assessment system. Several officers, including Doyon, have started training. He said the system could afford officers another tool to assess situations that can be confusing to sort out.

Doyon said he is not always satisfied with the length of time it takes to prosecute domestic violence cases. Some cases can take up to a year and testimony could be more effective sooner after the incident, he said.

“I understand they have funding issues, but way too many cases are being dismissed. It’s just too many,” he said. “What message is that sending? Will society look at it as if it’s OK?”

The Caring Unlimited Court Monitoring Report included observations from volunteer monitors of 76 domestic violence related cases in Biddeford District Court and 154 cases in York County Superior Court in Alfred. Defendants in district court were charged with a total of 131 crimes and those charges were dismissed at a rate of 19.8 percent during plea agreements, according to the report.

The most serious district court crimes – including domestic violence assault – were dismissed at a rate of 9.3 percent. Cases were filed at a rate of 2.3 percent. Defendants pleaded guilty or were found guilty of the most serious charges 44.1 percent of the time, according to the report. A case can be filed when the District Attorney’s Office and defense agree the defendant will adhere to certain conditions for six months or a year. If the conditions are met, the case is dismissed; if conditions are not met, the case proceeds in court.

In superior court, defendants were charged with a total of 316 domestic violence crimes, which were dismissed at a rate of 36.2 percent. The most serious were dismissed 23.2 percent of the time and filed at a rate of 8.6 percent. Defendants were found or pleaded guilty to the most serious charges 20.1 percent of the time, according to the report.

Edwards said a common practice in superior court was the use of “drop-down” charges, in which the District Attorney’s Office essentially dismissed a charge and replaced it with a lesser charge.

“The message to victims … is that what happened to them isn’t as important as they think it was,” she said. “It sends a message that perpetrators can continue that behavior without a lot of consequences.”

Edwards recommended the court develop a policy regarding drop-down charges that carefully weighs victim safety.

“When an abuser learns that he will experience a minimal consequence for domestic violence crimes, he is empowered to re-offend, and often escalates the abuse, leaving the victim at increased risk of serious harm,” she said.

York County District Attorney Mark Lawrence said domestic violence cases are among the most difficult to prosecute because they usually come down to individual testimony. Drop-down charges are a “function of the process” and are sometimes needed when more serious charges are challenged, he said.

Most domestic violence cases are misdemeanors that begin in district court and are moved to superior court if a jury trial is requested, Lawrence said. Limited court resources and time prevent prosecutors from following cases from district to superior court, which he would prefer. When a case is transferred to superior court, a new prosecutor is assigned to the case.  The court has tried to set aside specific times for judges to hear domestic violence cases to reduce the wait time for victims, he said.

Lawrence said he is “very supportive” of the way the Saco and Biddeford police departments handle domestic violence cases. He said those departments do a good job of following up to make sure offenders are following court orders and victims are in safe situations.

Lawrence said he would like to see increased use of the risk assessment by police departments in conjunction with the court system.

“Ultimately we’d like to see it embraced by all law enforcement,” he said. “We’re always looking for ways to continuously improve the way we deal with domestic violence.”

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.