MANY WANTED C-BREEZY TO GO TO STATE-PREEZY - INSTEAD, SENTENCE PROPERLY FOCUSES ON REHABILITATION

Rihanna & Chris Brown in happier dayChris Brown is now a convicted felon for life. Today, he pleaded guilty to felony assault, stemming from an alleged altercation with then-girlfriend, Rihanna, on February 8, 2009. Article here.

Brown will serve five years probation and 180 days in jail or the equivalent -- about 1,400 hours -- in "labor-oriented service," said Sandi Gibbons, spokeswoman for the Los Angeles County District Attorney's office. He must also undergo a year-long domestic-violence counseling class, she said. He must check in with his probation officer every three months.

OVERCROWDING IN CALIFORNIA PRISONS

California is home to the largest prison population in the country, housing approximately 150,000 inmates. In fact, just several months ago, in February, a 3-judge panel ordered California to cut its prison population by 55,000 inmates in the next 3 years. NY Times article here.

Over-crowding is so severe that the state has failed to provide medical and mental health care to its inmates, killing at least one inmate every month. The panel found that this type of treatment is considered cruel and unusual punishment, which is prohibited by the Constitution.

California is not alone. Our country is the most incarcerating country in the world: 1 in 100 people in the U.S. are in prison. This number is astonishing and shameful. We cannot continue to put every person who commits a crime behind bars.

FOCUS MUST BE ON REHABILITATION - NOT INCARCERATION

What's the point of throwing Chris Brown into the prison system? I am not suggesting that he is better than any other inmate; however, the prison system is lacking rehabilitation services. Even if Chris Brown were sentenced to the maximum 4 years in prison, he would eventually get out prison. Then what? Do you really think that slapping the orange jumper on him for awhile will get him to change his violent behavior upon release? Of course not!

Instead of prison, the judge sentenced the young, 20-year old Chris Brown to a hefty amount of probation. Probation ain't no joke. He will have to check in with an officer every 3 months; he'll probably have to submit to random urine drops; and if he gets in any trouble whatsoever, his probation could be revoked at any time. Chris Brown will be under the microscope for 5 years.

Besides the monitoring, Brown is required to attend a year of domestic violence therapy. Good! This is not a service he would have received in jail. He clearly has violent tendencies. I would much rather he receive adequate counseling for 1 year while on probation than no counseling while in prison. Rehabilitation is the goal. I'm sure no other woman wants to get her face bashed in by an angry C-Breezy.

If some guy beat me up, I would want him to go to prison...or, I would want my dad to have a "talk" with him for a little bit. (Just kidding.) But, if you think about it, prison in America today is not the best form of punishment. That person will eventually be placed back into society, whether it's in one year or in 30 years. You don't want that person to come out of custody even more angry or simply unable to deal with the behavior that put him behind bars in the first place.

In my opinion, this is the best situation for Chris Brown. Five years probation is a very long time to be monitored by the court. A year of therapy is quite substantial. He's a convicted felon for life. Chris Brown has a long road to rehabilitation and, hopefully, today was his first step down that road.

P.S: Michael Lindsey, a domestic violence expert, saved my life. His daughter was killed by her boyfriend after he was released from prison. Michael was left to raise his grandson. Maybe if he received rehabilitation in prison, the outcome would have been different.

The day I went to Michael for help, at the age of 14, was the day I turned my life around. No, I wasn't a victim of domestic violence, nor was I a violent person. Instead, he came into my life at a time when I needed help, guidance and support. Thank you, Michael, for truly saving my life.

www.tamaraholder.com and www.xpunged.com

Tamara on foxnews.com's "The Strategy Room" discussing Chris Brown/Rihanna

4/1/09

www.xpunged.com and www.tamaraholder.com

3/11/09: Tamara on CNN HLN "Showbiz Tonight" Discussing the Latest on Rihanna/Chris Brown

www.xpunged.com and www.tamaraholder.com

THE RIHANNA/CHRIS BROWN SAGA - UNFORTUNATELY, I SEE IT EVERY DAY

Rihanna & Chris Brown at the pre-Grammy's - right before the alleged fight

On February 8, 2009, Chris Brown & Rihanna allegedly got into a physical altercation where Brown allegedly choked, punched and bit his girlfriend. Recent discussion alludes to the fact that Rihanna initiated the fight after she discovered a text message from another woman on her man's phone.

As a criminal defense attorney, I see domestic cases almost every day. Unfortunately, the majority of the cases are dismissed out of court because the alleged victim refuses to testify due to fear of retaliation or, more commonly, reconciliation between the parties.

Therefore, without live testimony, prosecutors generally do not have any other evidence to prove the case beyond a reasonable doubt. If you don't have the victim's word, you don't have much of anything because there are rarely 3rd party witnesses in domestic incidents. In this case, Rihanna is allegedly back together with Chris Brown. And, she asked the judge not to issue a no-contact order against Brown. All signs point to her desire not to want to testify against him as well. Article here. Granted, prosecutors can subpoena her to testify but rarely are witnesses forced to testify if they do not want to...at least in a case like this where it involves abuse in a romantic relationship.

Rihanna is a teen idol who is being watched by all of her fans across the world. Her decision on whether to testify will send a signal to all women in abusive relationships. Physical aggression occurs in 1 in 3 teen (ages 18-24) dating relationships. (Sarah Avery-Leaf & Michele Cascardi, Dating Violence Education: Prevention and Early Intervention Strategies, in Preventing Violence in Relationships 82. Paul A. Schewe ed., 2002.) 90% of all family violence defendants are never prosecuted, and one-third of the cases that would be considered felonies if committed by strangers are filed as misdemeanors (a lesser crime). (News from U.S. Senator Barbara Boxer, September 2, 1993) 

Most of my blogs are about defending the criminal.  But domestic violence and sexual abuse is inexcusable.  Not enough people speak out against abuse because many victims are ashamed.  Women in Hollywood speak out for all kinds of causes that have personally affected their lives.  For example, Brooke Shields was the first famous person to bring post partum depression to light. The last famous victim of domestic violence that I can remember was the Ike & Tina Turner tumultuous relationship.  Rihanna can use this painful time in her life to speak out against domestic violence. Of course, it makes me look "good" when the state drops a case against my client because the victim does not want the state to proceed on the charges, but, at the end of the day, I am not the one who goes back to the same pattern of violence. 

Another issue that this case brings to light is the repeated disregard of the law that musicians, actors and athletes possess.  If Chris Brown were not Chris Brown, he would be facing greater felony charges, possibly even attempted murder with no bond.  Remember, Rihanna almost lost consciousness.  An over-zealous prosecutor could have wanted to trump up the current charges and really stick it to him.  But, since Chris Brown is Chris Brown, he is apparently seeking a plea agreement to misdemeanor charges, according to TMZ.  Article here. Chris Brown beat the s**t out of his girlfriend.  Did you see her face?  This wasn't a little squabble or a hair-tussling match.  In fact, even if Rihanna did initiate the fight, Brown's attempt to "fight back" went one step (or two or three steps) too far. Just because Mr. Brown is a celebrity, that does not mean the rules do not apply. See my blog on this issue as it pertains to athletes here.

Here is my unfortunate prediction: Prosecutors will reduce his charges to misdemeanor battery.  He will be required to take domestic violence classes and perform community service.  Maybe, he'll do a bit of jail time.  If Rihanna isn't testifying against her boyfriend, the state probably will not proceed on the felony charges.  They need her if they want to win the case, regardless of what they say - that they can proceed on her pictures and her statement.  Plus, this is Hollywood and it seems like the rules don't apply in LA-LA Land the same way they do in the rest of the country.  I've seen this situation too many times to predict any differently.  Maybe Rihanna will stand up for herself and for the thousands of victims of domestic violence who do not have a voice.

www.tamaraholder.com and www.xpunged.com