SC Battered Woman Blocked From Presenting Evidence to Support Her Claim of Self Defense
South Carolina woman tries four different times to secure a domestic violence injunction against her allegedy abusive boyfriend.
For unstated reasons, three temporary injunctions were never served on him.
The man reportedly physically abused the woman and stalked her over a ten year period, and killed their daughter’s cat and pet rooster in front of her.
The woman and her daughter took refuge in a church on five separate occasions, and the woman talked about the abuse to two aunts.
Then came the day that the man rolled their daughter across the floor “like a bowling ball”, and threatened both of their lives.
And the woman shot and killed him.
The woman was convicted of manslaughter.
The trial judge barred third party testimony as to the woman’s state of mind based on her accounts of the abuse, which testimony was offered to support her claim of self defense. The appeals court upheld the trial judge’s ruling and the conviction.
Two appellate level judges criticized the rulings as depriving the woman of the opportunity to prove her defense.
Ironically, the appellate court claimed to be committed to protecting victims of domestic violence.
Read more in this Charleston Daily Mail article: Albright says justices need to learn abuse law.
