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| Calif. Inmate Freed by New Battered Woman Law |
| By Los Angeles Times |
| Published: 01/21/2003 |
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A Los Angeles woman set free by a judge after serving 17 years in prison for killing her abusive husband will not be retried, prosecutors announced Friday. In October, Marva Wallace, 44, became the first inmate released from custody under the provisions of a new state law regarding battered women's syndrome. She pleaded guilty to voluntary manslaughter Friday in Los Angeles Superior Court. In exchange, the district attorney's office agreed under a plea bargain not to try her again for the 1984 slaying. Judge David S. Wesley proceeded to sentence Wallace to eight years in prison, but said she would remain free because she had served more than twice that time behind bars. 'I just thank God for this moment,' a beaming Wallace said outside the courtroom, as her jubilant mother and other family members gathered around her. 'It's been a long time coming.' 'I'm not angry about it or anything, because ... I was guilty of murder,' added Wallace, the mother of two children, ages 21 and 25. 'Now I can really get on with my life.' Her mother, Deloris Wallace, said Marva's imprisonment was like 'losing my right arm. Now, I have my right arm back. I didn't think I would make it through all these years, but somehow we made it to this day.' Wallace's release was the first under the new law that allows inmates to file petitions for new trials in cases in which evidence of battered women's syndrome was not allowed during their original trials. The law, enacted in January 2002, applies to women convicted before 1992, when California courts began allowing expert testimony about battered women's syndrome. Sue Osthoff, director of the National Clearinghouse for the Defense of Battered Women, said Wallace's case is just a start. 'When you look at the number of battered women in prison, this screams out for major change,' she said. 'While I'm thrilled that a woman was able to get some relief after all this time, there are just so many women who are deserving of relief and have been trying to get it for many years.' In October, Gov. Gray Davis had rejected a recommendation by the state Board of Prison Terms that Wallace be paroled. Two weeks later, Wesley took his action under the new law. |

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