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    Strangulation Called "Predictor of Homicide"

    December 18, 2012

    Invited to speak by Rockingham County Attorney James Reams, Riviello reminded that the state of New Hampshire last year upgraded the crime of strangulation from…
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    Invited to speak by Rockingham County Attorney James Reams, Riviello reminded that the state of New Hampshire last year upgraded the crime of strangulation from a misdemeanor to a felony. Reams said he invited Riviello to educate local investigators and prosecutors because strangulation “is missed in investigations.”
    “We always think we’re going to see something on their neck and you really don’t,” Riviello said. “A lot of people think there’s no mark, so there’s no injury and nothing happened.”
    But without bearing a mark, he said, victims are rendered unconscious or dead. They’ve also miscarried, suffered injuries while falling unconscious, and been sexually and physically assaulted during non-lethal and lethal strangulations, he said.
    A representative of the San Diego-based Strangulation Training Institute, Riviello said the institute studied hundreds of cases and concluded that 99 percent of strangulation perpetrators are men and in more than half the cases, there was no sign of injury.
    In 35 percent of the cases where there was visible injury, he said, it was “too minor to photograph.” That, he said, meant prosecutors had difficult or impossible cases.
    “If you can’t prove it, it didn’t happen,” he reminded.
    Riviello said half the strangulation cases studied by the institute involved a child as a witness. And half of all children who witness domestic abuse, become batterers, said Riviello, before playing a 911 tape of a 6-year-old child reporting her mother being assaulted by her stepfather.
    The wailing child was heard telling a dispatcher about her mother being beaten and as the call progresses, the sound of the girl’s mother screaming in the background stops.
    “He strangled her,” said Riviello. “She was unconscious in the bedroom. Think about that little girl when you’re taking your reports.”
    On a continuum of escalating crimes, beginning with slapping and ending with murder, Riviello said strangulation falls between assault with a weapon and homicide.
    “Non-fatal strangulation is an independent predictor for homicide,” he said. “Victims of attempted strangulation are seven times more likely to be victims of homicide at the hands of that abuser.”
    In spite of that, he said, victims, perpetrators, judges, juries, police officers and the public, all “minimize” the crime.
    Riviello urged local police personnel to gather good evidence and write good reports, so prosecutors can get felony convictions and incarcerate perpetrators. He urged his local audience to talk to victims, and as a doctor might advise a patient to quit smoking, warn them to quit or die.
    “That’s why we’re here,” he said. “This is a very important topic.”
    Riviello provided the group with resources, including logs for collecting specific information from victims, to add to their police reports.
    “What you hear here, I hope you’ll take with you,” he said. “We want to get the word out so everyone understands how serious this is.”

    Strangulation Expert Confirms Police Suspicions about Woman's Death

    October 19, 2012

    SAN JOSE — When they began investigating Andrea Theis’ death last year, San Jose detectives believed the evidence contradicted what her boyfriend was saying: Theis…
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    SAN JOSE — When they began investigating Andrea Theis’ death last year, San Jose detectives believed the evidence contradicted what her boyfriend was saying: Theis committed suicide.
    It wasn’t until a nationally recognized strangulation expert determined last month that Theis’ death was the result of a homicide that police arrested the boyfriend, Anthony Almaguer, on suspicion of murder, according to a police statement of facts obtained by this newspaper Friday.
    Police arrested Almaguer on Tuesday, more than one year after the death of his longtime girlfriend. Homicide investigators referred questions to the Santa Clara County District Attorney’s Office.
    On Sept. 14, 2011, police responded to the couple’s apartment following a 911 call made by Almaguer reporting his girlfriend’s suicide. Almaguer told police he had returned to the apartment after being gone for just 30 minutes and found Theis hanging from a closet rod. Police say the couple had been dating for seven years and have a young child.
    Police say Theis and Almaguer had a “tumultuous relationship” that had been physical at times, though never reported to authorities.
    In the statement of facts, detectives detailed inconsistencies they observed between Almaguer’s version with what they found inside the couple’s apartment on North Capitol Avenue. They said: Theis’ sweatpants were pulled downward toward her hips, giving the appearance she was dragged by her arms and shoulders; Theis weighed 200 pounds, but the closet rod was not bent; and rigor mortis, which typically begins about three hours after death, had begun to set even though Almaguer said he was only away for 20 to 30 minutes.
    Detectives who met with Almaguer after his girlfriend’s death noticed what appeared to be a fresh bite mark on his inside left forearm and took a swab of the bite mark for DNA analysis. The long-sleeve shirt Almaguer wore throughout the day was also collected, and Theis’ DNA was present on the swab and the left sleeve/forearm area of the shirt, according to the statement of facts.
    A Santa Clara County medical examiner who performed the autopsy ruled the cause of death as being from “ligature asphyxiation of undetermined” cause, which can be roughly translated as being strangled with an unknown object.
    “Because of the inconsistent and changing facts of the details given by her boyfriend during the interrogation, other means of ligature asphyxiation (i.e. garroting) cannot be ruled out in this instance,” the medical examiner wrote. “Since the investigative reports and the autopsy cannot support one cause of death and refute the other with clear-cut certainty … the manner of death will be ruled as undetermined.”
    San Jose homicide detective Glenn Albin sought forensic pathologist Dr. Dean Hawley, a nationally recognized strangulation expert from Indiana University, to review the coroner’s report and photographs.
    In late September, Hawley sent his “opinion, within reasonable medical certainty” that Theis was the victim of homicide, according to a police statement of facts.
    Albin wrote in the statement of facts that he believes Almaguer murdered Theis “with a ligature, then attempted to cover-up the murder by staging it to look like a suicide.”

    Training Seeks to Educate on Strangulation

    September 23, 2012

    By Mindy Aguon Guam – If a victim is strangled one time, studies show that she is 700-800 times more likely to become a victim…
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    By Mindy Aguon
    Guam – If a victim is strangled one time, studies show that she is 700-800 times more likely to become a victim of homicide at the hands of that same assailant. Gael Strack is CEO of the National Family Justice Center Alliance and says strangulation is often an overlooked crime because of the lack of visibility of injuries but she warns that it causes brain damage and in many cases, death in less than four minutes. She and Fresno Police Department retired detective Michael Agnew are on Guam conducting a two strangulation training course to members of the Guam Police Department.
    “By receiving this training police officers are going to show how to investigate and document these strangulation cases,” she told KUAM News. “They are going to be able to do a better job in their police reports and in their documentation and prosecutors will be able to have more evidence to prove to the judge or to a jury that an actual strangulation occurred.”
    Strack says 32 states have passed felony strangulation laws and she hopes to equip the island with what is needed to have similar legislation passed here. She stresses that it’s important that victims understand that each time they are strangled, they receive brain damage.
    The training is completely federally-funded.

    New Law Makes Strangulation a Felony in Virginia

    July 18, 2012

    That changed thanks to a group from the Samaritan House. Just last year alone, they helped nearly 40 women recover from a strangulation assault, making…
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    That changed thanks to a group from the Samaritan House. Just last year alone, they helped nearly 40 women recover from a strangulation assault, making it one of the most common types of domestic abuse.
    It is something Lindsay never expected would happen to her.
    She says, “He took my phone and I yanked it back. And then he started to strangle me. He strangled me five times.”
    Lindsay says she was trying to break up with Jones after eight months of dating. But it didn’t end well.
    Court documents show Jones told investigators that was the only way to get Lindsay off of him, which she says was done out of self-defense.
    She adds, “Emotions just get the best of everybody and it just got out of hand.”
    As for Lindsay, she says she’s thankful the crime is now a felony after surviving what she calls a near-death experience.
    She says, “People say it’s not that bad. They say you are dramatic. But you don’t know until you’re in that predicament, gasping for air because of someone putting their hands on you. It’s not worth it.”

    Choking Law Aims to Stem Fatal Abuse

    July 17, 2012

    Gaining traction Today, the 3-year-old law has begun to gain traction. Before the law was passed, non-lethal strangulation cases typically were treated as misdemeanors, put…
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    Gaining traction
    Today, the 3-year-old law has begun to gain traction. Before the law was passed, non-lethal strangulation cases typically were treated as misdemeanors, put in the same category as a punch or a slap, or not prosecuted at all. Last month, Harris County prosecutors filed 103 such cases, just shy of the 122 cases filed in all of 2009. A conviction of the third-degree felony is punishable by two to 10 years in prison.
    “These were high-risk cases. Once you reach the point of putting your hands around somebody’s neck, it takes things to another level of violence,” said Jane Waters, chief of the district attorney’s Family Criminal Law Division.
    Advocates say that enhanced penalties were crucial because strangling and suffocation, however brief, are red flags for the escalation of violence in an intimate relationship and are significantly more likely to have lethal consequences.
    “Any law that would help punish perpetrators before you get to murder is a good thing,” said Rebecca White, president and CEO of the Houston Area Women’s Center.
    Increase ‘troublesome’
    Chris Tritico, president of the Harris County Criminal Lawyers Association, questioned whether strangling needs to be separated from other types of assault, noting the threshold for winning a conviction has not changed. This “specialty-type crime” raises the bar unnecessarily for offenders without defining how severe the strangling has to be to raise a misdemeanor assault to a felony offense, he said.
    “The vast increase in filings is troublesome at best,” Tritico said. “It makes it easier to put someone in jail on an allegation that they can’t defend.”
    Cases still need to be built and proven by prosecutors, which means educating law enforcement officials, as well as victims, on the law. For example, strangling incidents do not always leave a mark on the throat or neck. In addition to asking a domestic violence victim whether she was strangled, investigatorsneed to look for more subtle signs of injury, such as bloodshot eyes, a raspy voice or if a victim urinated on herself after losing consciousness, Waters said.
    Fernando Morales, 28, recently was charged with the felony offense after prosecutors said an argument with his girlfriend escalated into a full-fledged fight in which he twice put his hands around her throat. The girlfriend was battered and bruised, but authorities were able to file the felony charge after the girlfriend told investigators how he stopped her breathing. Morales remains at large.
    30 states have laws
    The non-lethal strangulation issue gained prominence more than 10 years ago, when legislation began cropping up around the country. Now, more than 30 states have such laws on the books, said, Gael Strack, CEO and co-founder of the National Family Justice Center Alliance, who has led the effort.
    Strack conducted a study in the 1990s that she said uncovered a link between strangulation and homicide. The study of 100 strangulation cases found most had been handled as if the victim had been slapped in the face.
    “The study made us realize that it’s a lethal-type violence and the system was taking it for granted,” Strack said. “Without knowing, it was trivializing a serious type of violence.”
    For most laws, she said, implementation takes between one to two years because law enforcement officials, prosecutors and the medical community need to learn how to screen for the cases, document, investigate and prosecute the new offense.
    “We need to bring education and awareness to change the system to get the individuals accountable for the crime,” she said. “In the past, they were getting away with it. … Essentially, what you have is a killer, and it’s just a matter of time.”
    Marie’s former boyfriend was recently released from prison on parole.
    Marie did not want the Houston Chronicle to use her real name, fearing her former partner will find her and kill her.
    She was with the man for several years, and says she never considered that strangulation could have put him away sooner.
    “I felt there was no justice,” she said. “Now, I have hope.”
     

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