When Susan Bustamante was on trial for homicide in 1987, she was not capable of give her aspect of the story.
She was convicted in a two-day trial of serving to her brother kill her husband for a $50,000 insurance coverage payout. Earlier than the killing, she had revealed to her brother that she was a sufferer of intimate associate violence.
“Nothing was allowed on home violence,” Bustamante stated. “They stated [my husband] wasn’t on trial, I used to be.”
Bustamante is amongst a bunch of ladies convicted of violent crimes who may benefit from the passage of a invoice within the state Meeting that will permit victims of human trafficking or home violence who allegedly dedicated violent crimes to current proof of their abuse as an affirmative protection at felony trials. The invoice would additionally permit survivors to make use of their proof of abuse after being convicted of violent crimes to petition to have their instances vacated.
Bustamante was granted clemency in 2017 and launched from jail the next yr, however her case has not been vacated. The invoice may additionally assist different abuse and trafficking victims nonetheless behind bars.
Corene de la Cruz was convicted of assault with a firearm after capturing her ex-boyfriend in Los Angeles County in 2010. De la Cruz, who stated she was a sufferer of verbal, bodily and emotional abuse on the ex’s palms, stated that she had arrived at her ex’s residence planning to kill herself, however a wrestle led to the gun going off and capturing the person.
Her ex claimed that De la Cruz stated that she had come to the home to kill herself and him.
“My solely decision at the moment was to really feel like [my family] can be higher off with out me,” stated De la Cruz about her resolution to kill herself. “I might have by no means thought of hurting him of all individuals… Pondering again to that day, all of it was very surreal to me. I’m grateful he survived.”
De la Cruz was sentenced to greater than 22 years in jail — although she was acquitted of essentially the most critical cost of tried homicide — and says the brand new regulation may assist her. She is at present being held on the California Establishment of Ladies in Corona.
“It’s nearly having the ability to take a look at every little thing as an entire. It is very important get all of the details and permit either side to inform their story,” De la Cruz stated.
She and Bustamante know dozens of different ladies in jail who share comparable tales. In jail, Bustamante advocated for ladies to have the ability to current proof of their abuse as early because the Nineties. She was a member of a bunch of greater than 30 ladies behind bars on the California Establishment of Ladies who would collect to debate the abuse they suffered that they stated led to their crimes.
The brand new invoice follows one from 2021 that handed with comparable language — however that invoice didn’t broaden aid to victims of human trafficking or home abuse who commit violent crimes. The invoice allowed defendants to current proof of human trafficking or home violence provided that they have been charged with a nonviolent crime.
The growth of the regulation to incorporate violent crimes may make it a more durable promote within the state Legislature.
“After they must put this factor to a vote once you’re attempting to persuade a majority that somebody who’s carried out one thing like homicide deserves a break as a result of they’ve been a sufferer, it’s a tricky promote,” stated Lou Shapiro, a Los Angeles-based protection legal professional.
State Assemblyman Matt Haney (D-San Francisco), who authored the brand new invoice, stated that the 2021 invoice helped obtain justice for victims of abuse, however that it must be expanded to all crimes, not simply nonviolent ones.
“Folks must be accountable and held accountable for issues they’ve carried out and to realize full justice that ought to embrace their very own experiences as victims,” Haney stated.
For the ladies who see themselves as victims who dedicated crimes once they noticed no different choices, the passage of the invoice would grant them a voice — even many years after the very fact.
“Going via years and many years of jail you’re nonetheless not heard. So many are nonetheless in custody for what cause? So many elements maintain individuals in for many years. This could not less than give them an opportunity to be heard,” stated Bustamante.
