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Title: Repeal Of Topeka, Kan., Domestic Violence Ordinance Leaves Suspects Free, Victims Scared
Source: Washington Post
URL Source: http://www.washingtonpost.com/natio ... 11/10/12/gIQAipJTeL_story.html
Published: Oct 12, 2011
Author: Associated Press
Post Date: 2011-10-12 13:57:49 by Brian S
Keywords: None
Views: 278

TOPEKA, Kan. — Suspects in Topeka domestic violence cases are leaving jail without being charged, and advocates for abuse survivors say victims are growing more scared amid a public squabble over who should pay to prosecute the crimes.

The mayor and council of Kansas’ capital city made a dramatic move Tuesday night in their ongoing clash with county officials by voting to repeal the city’s ordinance against domestic violence.

The intent is to force the county’s district attorney to back away from a budget-driven decision to stop prosecuting misdemeanors committed inside the city limits — including domestic assault and battery not involving a weapon.

Advocates for victims of abuse slammed all sides of the debate. They’re angry with the district attorney over his decision, furious with the mayor and City Council for repealing the ordinance and frustrated that officials can’t resolve the budget dispute.

It’s been a month since new prosecutions of domestic violence stopped in Topeka.

“It’s a slam in our face,” Claudine Dombrowski, an abuse survivor from Topeka, told the council. She showed her frustration by throwing dice down on the podium as she spoke, saying, “Roll the dice — that’s what we’re playing here.”

Shawnee County District Attorney Chad Taylor contends the county commission forced his decision to cut the budget by 10 percent in 2012, with his office still swamped by felony cases. The city’s leaders argue that it can’t afford to create the services for domestic abuse victims and rent jail space from the county for suspects.

Also Tuesday night, the City Council authorized Dan Stanley, the interim city manager, to negotiate with county officials over the prosecution of domestic violence cases. He advocated repealing the ordinance, arguing it will help the city in talks with the county.

“I think it draws a line in the sand,” he said. “It says we will remove all ambiguity from this question, and we will negotiate from a position of strength.”

Taylor’s spokesman, Dakota Loomis, called the city’s decision “drastic and unprecedented” but said Taylor would re-evaluate his position.

“It just means there is a new dynamic in play,” Loomis said.

Topeka has had at least 35 reported incidents of domestic battery or assault since early September. With those cases not being pursued, as of Friday, 18 people jailed have been released without facing charges, according to Topeka police.

Prosecutors and police have refused to discuss details of the cases out of concern for victims’ privacy, making it difficult to assess in what situations suspects aren’t being prosecuted. The use of a weapon in an assault or battery makes a crime a felony, which would be handled in state court.

“I absolutely do not understand it,” Rita Smith, executive director of the National Coalition Against Domestic Violence, said after the vote. “It’s really outrageous that they’re playing with family safety to see who blinks first. People could die while they’re waiting to straighten this out.”

It also didn’t help that the repeal came during National Domestic Violence Awareness Month. City and county officials reported receiving hundreds of emails in just days from people upset over the situation.

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