A Hard Report
Photo credit: Steve Kotchko
Posted 12/1/09
Michelle Cruz, the State Victim Advocate, this week issued an "independent investigative report", as she called it, in the 2007 murder of Jennifer Magnano of Plymouth, who died at the hands of her estranged husband Scott Magnano, who committed suicide after the crime.
Cruz said her report shows the need for reform in how Connecticut state agencies deal with domestic violence incidents. The Victim Advocate said that reform can't happen soon enough because domestic violence Connecticut and nationwide has become "an epidemic."
Jennifer Magnano successfully fled Connecticut in April 2007 with her children and eventually found safety at a women's shelter in California and additional help from California police and legal officials.
Cruz's report claims Connecticut was far from helpful. She said state prosecutors told Plymouth police Magnano and her daughter would have to return to Connecticut if they wanted their abuse complaints about Scott Magnano investigated. Further, Scott won a child custory order in state courts. The report indicates Jennifer believed that if she did not return to Connecticut to answer that order, she could be arrested.
Ultimately, Jennifer Magnano did return to Connecticut and in August 2007, Scott shot and killed her, fled the scene, and a short time later took his own life.
At a State Capitol news conference with Cruz, Robert Gauthier, Jennifer's father, told reporters: "I am convinced my daughter would be with us today if she had received the help and shelter she pleaded for (in Connecticut). He added: "There were many agencies involved and they all failed her."
The investigative report makes several recommendations for improvements in Connecticut's process of dealing with domestic violence incidents, based on flaws evidenced in the Mangano case.
Cruz urges better training for police to have them take a more proactive approach to domestic violence, such as educating domestic violence victims about the availability of restraining orders to keep abusers away, and insuring they make timely investigations of abuse complaints.
The Victim Advocate also believes state prosecutors need better training and a willingness to streamline the arrest process of abusers, when warranted, to insure the safety of victims. Cruz claims too many prosecutors demand a sworn statement by victims, a practice she calls "outdated" and not in compliance with public policy, because victims often fear they are aggravating their situation by aligning themselves with police and prosecutors.
The report sees the need for an expansion of shelter options for victims of domestic violence. Current rules involving battered women's shelters bar the acceptance of teenage male children, even though these individuals may be at risk of abuse. Cruz says provisions should be made for alternate shelter, including a motel or hotel room if necessary.
Cruz also recommends much stronger cooperation among all state agencies that may be called to deal with the various aspects of domestic violence incidents. "The best defense against domestic violence is a coordinated community response," she wrote.
The investigation report suggests creation of a state domestic violence fatality review board that would analyze trends in Connecticut deaths caused by domestic violence and regularly recommend reforms to prevent the recurrence of systemic failures that led to deaths.
At the Victim Advocate's press conference, Jessica Rosenbeck, Jennifer Magnano's daughter, pleaded for official attention to the challenges of domestic violence. "Going through our experience, feeling no one was listening, hitting wall after wall and feeling like what we were saying was falling on deaf ears is something I will remember the rest of my life." Painfully, she added: "I will always ask what if -- what if someone listened, what if someone did what they were supposed to do?"
Monday, a new state legislative task force on domestic violence began its work. Yet if improvements are identified, they will bump up against the harsh realities of Connecticut's current budget deficit crisis. Reforms cost money and it remains to be seen if lawmakers will upgrade the overall process for dealing with domestic violence. Indeed, Cruz apologized to reporters that she had limited copies of her investigative report to hand out because of deficit-related spending constraints in her office.