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| Evidence Frees Woman From Prison |
| By Associated Press |
| Published: 10/29/2002 |
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A woman who served more than 17 years in prison for killing her abusive husband was freed after a judge ruled that the outcome of her trial may have been different had evidence of battered women's syndrome been presented. Marva Wallace, 44, is believed to be the first person freed under a new state law that allows inmates to petition for their release in cases where evidence of battered women's syndrome was not permitted at trial. Superior Court Judge David S. Wesley overturned Wallace's 1985 murder conviction and ordered her release October 25 pending a new trial. Another court appearance was set for this week. Wallace began crying when the judge announced his ruling. Several relatives and friends applauded and cheered in the courtroom. 'Thank God,' Wallace, a mother of two, said as she left the courthouse. 'I'm just happy to be with my family.' 'My heart is about to burst,' said her mother, Deloris Wallace. 'I am just so happy. I've been praying and praying for this day.' The state law, enacted in January, applies to women convicted before 1992, when California courts began allowing expert testimony about battered women's syndrome. During Friday's hearing, Wallace testified about her husband's behavior. 'He told me if I ever tried to leave him again, he would kill me. ... I was afraid that he will harm me or harm my daughter,' she said. The Los Angeles County District Attorney's Office has not decided whether to retry the case, said Deputy District Attorney Hyman Sisman. The ruling followed Gov. Gray Davis' decision two weeks ago to deny Wallace parole, reversing a recommendation of the state Board of Prison Terms. Davis said he had determined that Wallace's release 'would create too great a risk of public safety.' Experts say that in battered women's syndrome, a sense of powerlessness leads many women to stay in abusive relationships and ultimately to see suicide or homicide as the only way out. Davis spokesman Byron Tucker said Friday the governor believes battered women's syndrome can be a legitimate defense, but had decided in the Wallace case that the trial court was in a better position to make a decision. Since becoming governor, Davis has paroled only two of 139 murderers whom the parole board has recommended for release. |
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