1997 DA Correspondence Refusal to Prosecute CROWBAR Attack Dombrowski_1

8/8/2019 1997 DA Correspondence Refusal to Prosecute CROWBAR Attack Dombrowski_1

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InvestigatorsDonald M. Murphy

K"n H"lrixMkk Mpvu

Boh Bu~k"

Uireelor of Vietim Servi"esSuzannp H. jam""

December 1, 1997

J~HllJr1M o Hamil !tonDistrict Attorney

Kansas Third Judicial DistrictSuite 214. Shawnee County Courlhous(' Topeka, Kan~as 66603-3922

Telephone: (785) 233-8200 Ext. ,l:nO fax: (785) 291-4.909

First 'Assistant Ui~lri('l AUorrH'Y

Jo.el W. Meinecke

Assistant Dislriet Attorneys

Athena E. Andaya james A. Brown

Nancy S. BnunheloeEdward M. CollazoGWYIU.eE. HarrisE. Bernard Hurdilia C. KellyCynthia j. LongIIpne j. K. Miller

KelUleth j. Morlon

Katherine K. Murray

Alexandra T. NguyenTony W. Rue.

Ms. Claudine Dombrowski

P.O. Box 304

Larned, Kansas 67550

Dear Ms. Dombrowski:

The purposes of this letter are to acknowledge receipt of your letter and to respond to the

issues you raised within that letter. From your general tone, it appears as if you may be

involved with some sort of support group for domestic violence victims which, if true,

could be a very constructive step.

I certainly agree with you that the criminal justice system is generally underdeveloped in

its handling and broad-based understanding of domestic violence issues and dynamics.

Shawnee County, however, has the Kansas model program in that we've accelerated the

court hearing process, provide immediate assistance and safety planning information for

victims and punishment as well as 0ppOliunities for behavior modification for

perpetrators. This model program is not perfect, however. But I must tell you- that many

of the problems related to it pertain to the parties failing to abide by no conta~t orders -victims who take the offender back and offenders who won't stay away from victims.

After receiving your letter last week, I discussed your complaints and observations with

the two Assistant District Attorneys who handled the the array of cases involving you and

Hal, and I went through our records. Unfortunately, I found numerous inconsistencies

between the statements you made in your letter, the court records and the recollections of

the ADAs.

Let me say at the outset that I have no doubt whatsoever that you were in an abusive

relationship - that's quite clear. But in fairness to all parties - you, Ha~ and us - it isn't

nearly as clear who initiated many of the conflicts which necessitated police intervention.We have as many police reports naming you as a suspect as we do with Hal as the

suspect. There were several instances in which we might have charged both of you but

elected to file against Hal only.

The police report re the crowbar incident you cited states that you were the party with the

crowbar when police arrived. Neither I, the attorneys nor the police have any objective~-.


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means of determining who did what to whom in the absence of corroborative evidence,

and we must be able to prove in court the truthfulness of the allegations beyond a

reasonable doubt. When there is evidence suggesting the complaintant may have acted

proactively in a violent situation as opposed to reacting defensively, it makes our job at

best difficult and at times impossible.

There was also an instance in which we were able to obtain a rare prosecution withoutvictim testimony because the victim - you - failed to appear as ordered to testify in court.

Many Kansas victim advocacy groups mistakenly believe Kansas law allows for domestic

violence prosecutions when victims fail to appear for court simply because it's been done

in a few other states. Unfortunately this is usually not true in Kansas, and most of the

time we have to dismiss domestic violence cases if the victims fail to appear for court

only to see that same victim again in a few days, weeks or months.

The ADAs also remembered that you initiated contact with Halon several occasions

further weakening - for court purposes - the position that you were truly frightened of

him. Victim-initiated violation of a no contact order - for whatever reason - never helps

us WIncases.

It's been my experience that recovery from any trauma requires honest introspection and

recognition of the roles each party played. Please understand that I'm not condoning

anyone's criminal conduct here. Domestic violence is a crime(s) and perpetrators should

receive both punishment and an opportunity to change their abusive behavior. Ideally,

repeat victims should also receive counseling to gain insight into the reasons why they

remain with barterers, why they select barterers as partners and how to avoid making the

same mistakes over and over again with the goal toward assisting the victim to seek out

and develop healthy, violence-free relationships. You appear to be headed in that

direction, and all of us here wish you the very best of luck.

Please call me any time if you'd like to discuss this further.

Sincerely,

Suzanne James


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.~!e;._~e,!nber

.J:~eC~GI- ~I Vict~ifiServices

D:strict Attorney

~ansas Third Judicial DistLicL

311awn8e County CourthouS8i

5~e, 21466603--~3922

_-'ec:lT L'1S. JaJlles ,

~"ly=:larue LS

,e:an Dorwl, and Iam

wr~ting to

youl.D

regarosco IO(~UeC':!ffmer 1, L997 correspondence to Hs. Claudine DombrowskJ

c l f fi a long-time friend of Claudine's and her daughter RikK-i.:L'.endship witn Claudine predates her relationstnp witt, '1rK:lchardsoil. As her friend: 1 watched with great concern -;:;;""

J~velopment of the relationship wi th Mr. Richardson. jt: qU::L:::::K~,:Jecame cleaLto those of us who cared about Claud:tne that tflc--:-ela1:ionship with Mr- Richardson was not healthy dHd in facT:: Wet',.pl-acing her very life in grav,,:,! danger. As her frie:nd, I at:t:.empt~,;

to help her any way that I could. This assiS-COI1CE: includ~aa.ppearing Hi court even when Claudine was nnabl~ to au 80;:H::rsonally was present :til February 1995< wheri th8 DistIl

,~ctorney > s off ice was "" .able to obtain a rare prosecution wi th(.)w'-'!lctim t.Bstimony "{ Page 2 of your letter dated Decemoer

1997/ I > ' l a s ready and willing to testify to my knowledge o f - e n ! ; "=ourse of events that formed the basis of 95CR836 _ ;,A.rev lew c,t:~rns:rile shows that one of t,fie special conditions or Mr_RlctLar.c

,-jonS Dail agreement was no contact with my person and/or home

.:; ,:"enruar_y '.Ji 1995, Claudine seemed unable to break free from tfl.-;-cela't.ionsnip with Nr. Richardson. This inability caused me grea;3adness, and even greater fear. Fear for Claudine and Rikki

could only st:andby and offer support and a safe haven when UH'

~-)ppurtuni ty arose - It waSH' t until February of 1996,chat: Claud.a'l""dE'. finally able to escape the cycle of abuse and violence. Ukl;!o:rmed the basis of the relationship with Mr. Richardson.. At ttidl'lme, Claudine fled to the Battered Women's Shelter where sne anc

~iKRl resided for about two weeks. Th~l Claudine obtained a smal.

C1~an:men't ~ed only" three blocks from my residence _ On (file".ren41h,l of ;"arc'h"73! 1996,) I received at !!lY residence 326, :.;~,

:{ando~pJ:if/Apt F, phone number (9l3)267~7S23) a phone caLlfC.;ij,


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Suzanne B James

Dec:em.be:: l b, 19:"l"", Dat:..flrCiQm \..0 change her diaper and 'dhen CJ.duddlC ....ac;'.'!":e..-, 'Jewn to X-ray. At en. ad ..1ce of medical personnel., CIaucJ.iie

d;:Jd "1 i~Y. st.ayed :.n my ti.ome thar. Hight:. so that C~O;j~.::; ""':1",.'

la'.ldin,,::, up every 2' hours to ~~lSunc:: that she did ~10t Sll.;.::~-.!11 ~=ons,-: J~()USrle : ss

In you:!: 1e"1:8::: of December ~, 1.997, you

,,\ .r19li.ce..-l:..E?EQ..:C~ whi ~h stated Claud ine was

crOWbar when police arrived __" (Page

state

of

you lldd rev J.ew","c

the party wj th "':.1","your letter dat ..,,'


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, . .~

,~Uzanrle 1-1" Jc.unes

December 16r 1997P,~g.e 3

A:,ce.m..Der ..i.. 1997} I rind t~_~:r:L.S.2!!fusin9_~_~ only place .~.::...'-C.Y. of 'I'Qpe.s:apolice arrived to was the Emergency R9Q!!l of Stormont/d~e. When 1 arriveo at Claudine's reS!Oence at 231 SW Brian'wodP1.aza, Apt CJ01, I sa .J no crowb~r" 'rhere was no crowbar in :I1'.iehicle which. transported Claudine (and Rikki) to Stormont Val


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gece:rnber 1. V

Page 41997

inec,l.jispatch receivea 2~a~

ST:o,.,r~nont~JaJ' HOSI)j~tal;

police officer arrived a~The time thecy Room;

The time tne police officer requested a._, /

t

d

u..

, : : . ;

,.~ )

;"'Bern to me that Claudine's phone records, my pl".one r-ecurds, :'-L,,;:Battered Women's Task Force Reco:r.-ds. Stormont Vale HOSPl t.cL

medi~dl records for that nignt on Claudine, and report dnC

pnoTographs taken by the City of Topeka Police Departwenc Sh00_:~,v'2Iwhelml.ngly contradict the version of events given Dy to "~.i.Cnanlson t:.othe Shawnee County Sheriff Department atiesq ..a.e.nce .i..:nTeC\lllISeh. Namely" the above records should L er LC'e:'

1) Phone records of all calls tni tiated and recejved :.~UlhCiaudine.'s residen.ce (913)266-0890 on the eveningf1arch 23, 1996 t should verify thal:.. ~

d Claudine never le.ft !l.er residence CiL 231 SWJ:.H'l"'-!'

wood Plaza, Apt C301 except to seek medical treaT

ment ,~C"laudine never call~d the Topeka POl.lee Oepartme.ru

from her residencs within the ci~y Ilm~ts ot Top~k a ; : a n d

C'laudine called only me., the Battered Womer;'S '


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Suzanne !1. JamesJecem.oerPage ')

...,.,' j

199'7

tJher bE dispatched 1:0 the Emergency Room;

: J '['he time the police officer took Claudine 1 s state-

ment in a..Tlexamining :Loom at the Emergency ROOll;'and

e I 'rhe time the photographer arrived to take picturesof Claudine.

";:'1'lat: at the same time Mr. Richardson was maJnng ,H::>

::eport. to an officer with the Shawnee County Sher.:.ttDepartment, Claudine was already in the Emergency Room atStormont Vale HOspital in the presence of myself~ herinfant daughter I an advocate from the BWTF, medicalpersonnel} and an officer as well as a photographer ot

the City of Topeka Police Department.

'

PLeaS6, for Rikki's sake, review the records of the inCldent thatLOOK pl.ace on March 23, 1996. Place the Shawnee CounLy Sherlf:: s

Jepartment Report' beside the report from the Topeka Police

Department, the photographs taken by the Topeka Police Department.::ne medical cecords of Stormont Vale Hospital! and finally thephone records of Claudine. -{'hen look at the testimony MrRichardson and Claudine offered at the close of trial on September'Dtri. 1997 .i.nfront of the Honorable James Buchele in 96D217 M.r:

th :::hardson 1 .siler-sian of events simply do not s-cand-up to ther.';,'b)ect:ive, verifiable facts contained in the multiple ["ecores

~ created that night. To put it succinctly, Mr_ RiChardson lied

.::unmor-echan happy to once again make myself aVd1.1able. to tne

Cil,str~ct Attorney I s office regarding my personal knOWledge of. Lhe

cOurse of events regarding the evening of' March 23, 1996. PleaseJ.0 no't hesitate 1:0 contact me a t (316}524-4277. On the behalf of~-c.maine and Rikki, I thank you for your attention to this matter

.'Lnce.re.ly,

Documents

1997 DA Correspondence Refusal to Prosecute CROWBAR Attack Dombrowski_1