Domestic violence arrests increase in county

Domestic assaults should be investigated like homicides, said Cape Girardeau County Prosecuting Attorney Morley Swingle.

"In homicides, we're always dealing without a victim to testify about what happened," Swingle said. "We need to treat all domestic violence cases as if the victim will not be around to testify."

Because some victims later refuse to testify, the evidence collected by police is often all a prosecutor has to work with in court, he said.

Arrests for domestic violence are already higher than in past years. In 2001, arrests increased by more than 50 countywide with convictions rising higher as well.

To increase the county's domestic assault convictions and break the cycle of violence in area families, Swingle held a special seminar on the subject this week at the Jackson Police Department. He will give a similar seminar to Cape Girardeau police in November.

Much of what he discussed during the seminar appears in an article he co-wrote with assistant prosecuting attorneys Angel Woodruff and Julie Hunter in the July-August issue of the Journal of the Missouri Bar.

Swingle asked officers to gather the following evidence:

In addition to the victim's verbal statement, have her make a written statement.

Note the victim's demeanor in a written report.

Establish the relationship between the victim and the suspect.

Get statements from other possible witnesses, including children, neighbors and bystanders.

Photograph the victim's visible injuries and ask her to come to the police station a day or so later when the bruises are more visible.

Check and photograph the hands and body of the suspect to see whether he has injuries consistent with the fight.

Ask the victim to sign a medical record release form.

Make a copy of the 911 call in the case.

Always read the suspect his Miranda rights and interrogate him to get his side of the story.

No drop policyEven if a victim becomes uncooperative, as long as Swingle's staff believes the assault truly happened and that they have a good chance of winning the case, a conviction will be sought, he said.

Some victims reconcile with their abusers, accepting an apology and a promise that another assault won't happen. Victims then request charges be dropped, but the request is often denied. Often, those victims will express relief.

"I tell them to put the blame on the 'mean old prosecutor' when they tell the defendant the charge won't be dropped," Swingle said.

One of the rare times Swingle's office does dismiss a charge is when a defendant enters a diversion program run by the Missouri Board of Probation and Parole, which teaches anger management, and when necessary, provides drug and alcohol abuse counseling. If the abuser completes the program, he ends up with no criminal conviction.

"This is especially important to a victim whose spouse would undoubtedly lose his job if he pleaded guilty to a crime," Swingle said in the article. "Significantly, of the 36 defendants placed in this program during its first two years, only one relapsed into assaultive behavior."

Felony charge still newA change in Missouri law concerning domestic violence took effect two years ago. Domestic assaults, including slapping, punching, hair pulling and kicking, were formerly class A misdemeanors. The law change turned those offenses into class C felonies. Prosecutors must prove the defendant has a family, household or social relationship with the victim and caused or attempted to cause physical injury or pain.

In 2001, Swingle's office filed 244 domestic assault felonies, with 57.8 percent of the defendants being convicted. The prosecutor called this a significant increase.

"That doesn't sound high because in other areas we have a 90 percent conviction rate, but before the law changed it was generally less than 50 percent," Swingle said.

In 1999, his office filed 193 domestic assault misdemeanors, with a 52 percent conviction rate.

Despite more convictions, Jackson police Capt. Robert Hull said he hasn't seen a decline in the number of domestic assault calls to the station.

"If anything, it's stayed steady," he said. "With the new law, some people will take notice, but we'll always have those ones who no matter what will continue to batter."

mwells@semissourian.com

335-6611, extension 160