(NV) Judge stops just short of telling abuse victim to get a gun - she didn't

Status
Not open for further replies.

Drizzt

Member
Joined
Dec 24, 2002
Messages
2,647
Location
Moscow on the Colorado, TX
Jury sentences Zakouto to life without parole


By GLENN PUIT
REVIEW-JOURNAL

Four weeks before domestic violence victim Marina Cannon was murdered by her estranged husband, a frustrated Family Court judge warned the woman that "no court will protect you," according to a video played in court Thursday.

Details of the prophetic warning from Judge Arthur Ritchie Jr. surfaced the same day that a jury sentenced Cannon's estranged husband, Vitaly Zakouto, to life in prison without parole for Cannon's December 2000 murder.

"It's bittersweet," Cannon's son, Jason Jaeger, said of the sentence.

"I still would like to see the defendant take some accountability for what he did," Jaeger said.

Zakouto, 54, was convicted of first-degree murder Wednesday for killing Cannon during a contentious divorce. Authorities say Cannon, 49, was subjected to seven months of terror and domestic violence at Zakouto's hands.

The terror from Zakouto was so bad, prosecutors said, that Cannon repeatedly predicted he would kill her. This was driven home during Zakouto's sentencing hearing when Jaeger was asked to read his mother's will.

"If I have died under suspicious circumstances, Vitaly did it," Cannon wrote.

"In the event I am murdered ... tell the women what happened to me," she wrote. "Tell the world what happened to me. Make a difference."

Prosecutors then played a tape of an appearance Cannon made in Family Court before Ritchie in November 2000. Ritchie had already thrown Zakouto in jail at least twice for contempt.

During the appearance, Cannon told the judge that Zakouto was going to kill her.

"You have to stop him," a tearful Cannon said to the judge. "If you don't stop him, the outcome of this is preordained."

Cannon told the judge that the repeated incidents of domestic violence in her life detailed Zakouto's "total obsession."

"He can't stop himself. ... he's angry," she said.

Ritchie told Cannon that unfortunately, many of the allegations of contempt that were before him were not based on documented, independent evidence.

And, he said the Family Court system can only do so much when an individual like Zakouto is intent on ignoring judicial warnings to stay away from his victim.

"No court will protect you," Ritchie said. "That's the bottom line.

"The court will issue orders that attempt and try to protect you, but if someone is engaging in criminal conduct with disregard for the court's orders, there's nothing I can do for you.

"You have to protect yourself in any way you can," Ritchie said.


Even if Zakouto were found in contempt, the most a Family Court judge could do would be to sentence him to 25 days in jail per violation, Ritchie said. The judge noted that Family Court is a civil court, and for Zakouto to be punished for any period of time, a prosecution in criminal court would have to take place.

"I've entered every order that I can prohibiting him from contact," Ritchie said.

At the time of Cannon's murder, a criminal stalking charge was pending against Zakouto in District Court. In that case, Clark County prosecutors had originally charged Zakouto with felony aggravated stalking, but the charge was later reduced to simple stalking.

Clark County prosecutor Ed Kane acknowledged this week to the jury in Zakouto's case that "the system that I'm a part of let her down."

Ritchie did not immediately return a phone call left Thursday on the answering machine of a judicial assistant in his office.

Kathleen Brooks, the associate director of the Las Vegas domestic violence shelter Safe Nest, said she was disappointed in Ritchie's remarks to Cannon.

"With all due respect to the judge, there are things that the courts and the legal system can do to protect a victim of domestic violence," Brooks said.

"I don't think that every judge would say that same thing," Brooks said, adding "judges need to learn that they cannot treat domestic violence situations like any other court case."


http://www.reviewjournal.com/lvrj_home/2003/Apr-18-Fri-2003/news/21139744.html
 
Kathleen Brooks, the associate director of the Las Vegas domestic violence shelter Safe Nest, said she was disappointed in Ritchie's remarks to Cannon.

"With all due respect to the judge, there are things that the courts and the legal system can do to protect a victim of domestic violence," Brooks said.

"I don't think that every judge would say that same thing," Brooks said, adding "judges need to learn that they cannot treat domestic violence situations like any other court case."

Judge Ritchie did his best to explain reality to Mariana Cannon. Somehow Kathleen Brooks thinks he could have done better?

I tried to do the same thing as Judge Ritchie for women who wanted their husbands served with restraining orders before they got out of prison. I would suggest more effective measures to protect themselves and they would almost universally respond, "But the counselor at the domestic violence center said if he was served with a restraining order he would leave me alone."

It seems to me that all these domestic violence counselors are capable of is creating more martyrs for their cause, and more victim dependancy on their services.
 
Protective orders don't protect. They just make it illegal for someone to approach somebody else. Want protection? Get a gun.
 
"Protective" orders give the DA one more thing to charge the guy with after he kills her or beats her to a pulp.

It does an incredible disservice to untold numbers of women to maintain the fiction that "protective" orders provide any protection at all.
 
Protective orders are just paper, but some guys just need to be told someone's watching, and the order does that. They don't work all the time, but then nothing does. The police respond more quickly when the caller says "I have a protective order against this person who is outside my home" than when when the caller says "My ex is outside my home."
 
Let's do a little "what if-ing".

What if Ms. Cannon said, "Judge, you are right. I'm responsible for my own safety. I'll take it from here."

My question: What are the laws of the area that would have prevented Ms. Cannon from taking the measures necessary to protect herself.

It is one thing to say, "The state can not protect you."

It is quite another to hear, "Sorry, but you don't have a ****** (insert the provision of your choice) so you can't purchase a **** (insert object choice)."
 
Clark county, NV

There's a discussion of Vegas vs Reno here... http://www.thehighroad.org/showthread.php?s=&threadid=18979

Clark county requires registration and a waiting period (for your first pistol) to get a pistol, but you can go to nearby Nye county buy a pistol and walk out with it and then go to the cop shop in Cc and register it if you wish.

In any case, better to be judged by twelve than carried by six!
 
Status
Not open for further replies.
Back
Top