Domestic violence cases seen in new light after murder
Domestic violence cases seen in new light By Matt Pais • MANAHAWKIN BUREAU • February 8, 2008 LAKEWOOD — The Ocean County Prosecutor's Office will change the way it handles domestic violence cases, following the Jan. 8 murder of a township woman who was stabbed to death by her ex-boyfriend two hours after he was let out of jail. Bernard Burgess, 32, was released on his own recognizance after a prosecutor elected not to pursue an indictment for threats he made against the life of Tesha Lightsey, the 29-year-old mother of his child. Burgess then traveled from jail in Toms River to Lightsey's Ocean Avenue home, where he repeatedly stabbed her before plunging the same knife in his own neck — making good on virtually the same threat that had landed him in jail five days earlier. The murder-suicide prompted Prosecutor Marlene Lynch Ford to launch an internal review of the procedures her office follows during the disposition of domestic violence claims. She said Thursday that changes will be made to prevent other domestic violence victims from meeting the same grisly fate as Lightsey. Ford said her office will institute a second level of review for any case flagged as involving domestic violence in order to make sure remanding a suspect to municipal court — the process under which Burgess was freed — is the correct course of action. Under the new guidelines, cases involving domestic violence will be reviewed by a member of the prosecutor's Family Protection Unit before a determination on whether or not to prosecute is made. In the past, Ford said, the decision would be made by a single assistant prosecutor based on the facts of the case. "What we're trying to do is get another set of eyes before there's action taken," she said. Burgess was released without that second set of eyes on a case file reporting that he slapped Lightsey in the mouth and bit her on the arm during a multi-hour assault on Jan. 3, before threatening to stab her to death and then himself if she were to leave him or file a complaint. According to documents reviewed by the Asbury Park Press, the Prosecutor's Office initially denied Burgess's request for a bail reduction on Jan. 7. A day later, however, Senior Assistant Prosecutor John Foti made a recommendation to Superior Court Judge James Den Uyl that Burgess be released because the facts of the case did not warrant an indictment. "In this case, we objected to a bail reduction at the first appearance. Once the assistant prosecutor reviewed the complaint, he determined the alleged terroristic threat was a conditional threat," Capt. Michael Mohel said. "A conditional threat does not satisfy the requirements of immediacy under the terroristic threat statute." Ford said it was partially because Burgess used the word "if" while threatening to kill Lightsey that the charge was downgraded to the municipal level. Using the word "if" rendered the threat conditional in the eyes of the law. Ford wants to change the law that hinged such a decision on the syntax of a threat. The prosecutor now plans to work with 10th District legislators to enhance the statute regulating the disposition of terroristic threat cases to enable indictments in cases where a threat to kill is "couched in conditional language." "Even when conditioned in a future event, you have to look at all the circumstances to see if there's an immediate threat," Ford said. The review also calls for more aggressive measures to protect victims when an alleged abuser is to be released from prison, Ford said. This includes an overhaul of the county's VINE — short for Victim Information Notification Everyday — calling system. The VINE system initially calls a victim to alert them of an alleged assailant's release. If the victim cannot be reached, the automated system then places a call to the police department in the victim's hometown with the goal of having an officer reach out to notify the victim face-to-face. This secondary protocol sometimes proved ineffective, Ford said, because the VINE system would often dial an automated police department number. The result, she said, would be two computers having a conversation — one requesting the caller to dial a police officer's extension, the other relaying information about a prisoner's release. "We will now make sure that there is a live person answering the police (department) phone," she said. Both Lakewood police and Ford say that the computer-to-computer conversation was not a factor in the Lightsey murder, but a flaw in the system uncovered during the review. Lightsey had been contacted about Burgess' release. Another aspect of processing domestic violence cases set to be overhauled is the availability of professional help for victims. Currently, trained volunteers forming what is known as a Domestic Violence Response Team are only brought to a police station if a victim agrees to seek help. Ford said many victims, including Lightsey, decline service from response team members who provide information about the options available to those involved in an abusive relationship. Ford said her office now wants to make calls to response teams automatic in cases of domestic violence, with the hope that more victims will avail themselves of the service. "Instead of saying, "Do you want me to call someone?' they'll already be sitting in the next room," she said. Changes in how domestic violence cases are handled in the legal system are needed, said Sandy Clark, the associate director of the New Jersey Coalition for Battered Women. "The justice system doesn't solve domestic violence and it's not capable of preventing it," Clark said. "Having said that, it certainly is a major piece or tool of addressing the issue of domestic violence." In the aftermath of Lightsey's murder, Clark said, current standards for the release of abusers from prisons could be strengthened to include in-depth evaluations of suspects to determine more accurately whether threats are credible. "The vast majority of men who commit domestic violence do not kill and the system is accustomed to that not happening," she said. "But when they threaten to kill, they should be taken seriously, because they do. And if they threaten to kill themselves they should be taken seriously, because they do. And sometimes they take her with them." Matt Pais: (609) 978-4582 or mpais@app.com CHANGING THE SYSTEM Ocean County Prosecutor Marlene Lynch Ford said her office will handle domestic violence cases differently following the slaying of Tesha Lightsey, a Lakewood woman murdered last month by an ex-boyfriend whom authorities elected not to prosecute for threatening to kill her. Among the changes proposed: *Cases will be reviewed by family protection specialists before being remanded to municipal court. *The automated victim notification system will be adjusted to increase the chances of reaching victims. *Steps will be taken to make help for victims more accessible at police stations following an episode of domestic violence. *Strengthening existing laws regulating the prosecution of death threats. http://www.app.com/apps/pbcs.dll/article?AID=/20080208/NEWS/802080377/0/NEWS