People v. Romero
| Decision Date | 02 November 1992 |
| Docket Number | Nos. B051210,B068893,s. B051210 |
| Citation | 13 Cal.Rptr.2d 332,10 Cal.App.4th 1150 |
| Court | California Court of Appeals Court of Appeals |
| Parties | Previously published at 10 Cal.App.4th 1150, 15 Cal.App.4th 1519, 20 Cal.App.4th 1189, 26 Cal.App.4th 315 10 Cal.App.4th 1150, 15 Cal.App.4th 1519, 20 Cal.App.4th 1189, 26 Cal.App.4th 315, 61 USLW 2321 The PEOPLE, Plaintiff and Respondent, v. Debra Jeanie ROMERO, Defendant and Appellant. In re Debra Jeanie ROMERO on Habeas Corpus. |
Daniel E. Lungren, Atty. Gen., George Williamson, Chief Asst. Atty. Gen., Carol Wendelin Pollack, Sr. Asst. Atty. Gen., William T. Harter, Supervising Deputy Atty. Gen., and William V. Ballough, Deputy Atty. Gen., for plaintiff and respondent.
Debra Romero and Terrance Romero were both charged with one count of second degree robbery and four counts of attempted robbery. Debra's defense was duress. She admitted the crimes but claimed she participated because she was afraid Terrance would kill her if she didn't do as he demanded. The jury apparently didn't believe Debra and she was convicted as charged. She now petitions for a writ of habeas corpus, contending her lawyer was ineffective because he failed to present expert testimony explaining Battered Woman Syndrome. We agree. 1
Debra and Terrance are not married but they began living together (with Terrance's two minor children and his father) in March 1989. About six weeks after Debra moved in, Terrance began hitting her if she didn't get money when he told her to do so (they On May 28, 1989, Debra, posing as a prostitute, was picked up by Gary Shortridge. Following Debra's instructions, Shortridge drove into an alley where he was confronted by Terrance, who drove his car to block Shortridge's car. Debra asked Shortridge to give her some money so Terrance wouldn't hurt her. Shortridge responded by ramming Terrance's car and driving away at high speed with Debra still in his car. Debra screamed at Shortridge to stop and pleaded with him to give her money so Terrance wouldn't hurt her ("He'll be happy with that, and he won't hurt me"). Shortridge waited until he saw a policeman and then stopped. 2
are both cocaine addicts and he needed the money to support his habit) and, from that point on, he hit her "almost every day." Debra left Terrance on several occasions but he would always find her and persuade her to return. When he became angry, he would rip screens off windows, throw things out of windows and, when she would try to leave, he would threaten her, telling her that he would kill her and that, "If I can't have you, nobody else can." At one point, Debra's father obtained a restraining order against Terrance because he had been throwing things through her father's windows. On another occasion, Debra was hospitalized after she attempted to jump through a window to get away from Terrance. The window fell on her and she was badly cut (she required 23 stitches). Debra did not tell the police about Terrance's beatings
On July 11, 1989, Terrance (with Debra as a passenger) pulled up to Grace De Vos' car in a Bank of America parking lot, Debra got out, and Terrance told De Vos to give Debra all of her money. De Vos explained that she didn't have any and attempted to start her car, at which point Terrance pointed a gun at her and said, "Start the car and I'll shoot you." Debra then looked in De Vos's car and reported to Terrance that there was a briefcase. Terrance told De Vos to give the briefcase to Debra but at that point someone walked into the lot, Debra got back into Terrance's car and Terrance drove away. 3
On July 12, 1989, Terrance (with Debra as a passenger) drove up alongside Wilda King's van in a Lucky's Market parking lot. Debra got out of the car and King, thinking they needed help, walked over to Terrance's car and asked if they needed directions. Terrance pointed a gun at King and said, "No, I want your purse." Debra appeared nervous and hesitant and just stood there, without doing anything. King said "No" and Terrance said "Please" and King said "No" again and started backing away. King ran to some people who were standing nearby and Terrance drove away.
On July 19, 1989, Terrance (with Debra as a passenger) drove his car head-on at Sarah McClain's car as she was driving out of a Lucky's Market parking lot and into an alley. As McClain pulled to the right and stopped to let Terrance pass, Terrance stopped his car, pointed a gun at her and asked for money. McClain gave Terrance her change purse. Terrance took the change (about $1.50), returned the purse to McClain, and told Debra to go see whether McClain had anything else in her purse. Debra got out of Terrance's car and McClain showed her that all she had was checks, no cash. Debra got back into Terrance's car and Terrance then asked McClain if she had any jewelry. McClain said she couldn't get her rings off and Terrance drove off. This incident, with a On July 23, 1989, James Stratton was stopped at a light on Pacific Coast Highway when Debra approached the passenger side of his van and said she had been beaten and robbed. She appeared hysterical and had her hand over her left eye. She tried the door handle, found it was locked, then reached through the open window, opened the door, and got into the van. Her face was bruised and puffy and she looked as though she had been hit. At that point, Terrance drove up on the left side of Stratton's van and pointed a gun at Stratton. Debra grabbed the key to turn off Stratton's engine and Terrance told Stratton to give his money to Debra. Debra said, Stratton panicked, knocked Debra's hand off the ignition key and drove off, followed by Terrance. Debra screamed at him, pleading to be let out of the car. Stratton eventually stopped, when he could no longer see Terrance in his rear view mirror, and Debra got out. 4
total take of $1.50, constitutes the only completed robbery.
Debra and Terrance were charged with one count of second degree robbery and four counts of attempted robbery. Enhancement allegations charged Terrance with the personal use of a handgun and Debra with participating in crimes in which a principal was armed with a handgun. They both pleaded not guilty and were able to make bail. While they were awaiting trial, Debra continued to see Terrance and he continued to beat her.
At trial, Debra testified to the facts stated above, agreeing with the victims' testimony and simply adding her explanation for why she did what she did. Terrance also testified on his own behalf, telling the jury that he met Debra when he picked her up on a street corner and offered her money for sex and that she moved in with him about a year later. Notwithstanding that he was identified by all five victims (not to mention Debra's testimony), Terrance said he was not involved in any of the incidents and never saw any of the victims prior to the court proceedings. Terrance also testified that he is "very much in love" with Debra, he has never threatened her and he has never hit her. On the night she tried to jump out the window, it was because he was trying to stop her from going out to buy more cocaine. Debra wrote to him while he was incarcerated and her letters expressed her love.
Debra was convicted of all five charges and the enhancement allegations were found true as to three counts (Wilda King, Sarah McClain and Grace De Vos) but not true as to the other two counts (James Stratton and Gary Shortridge). Debra was sentenced to state prison for a term of five years, eight months.
Debra contends she was denied the effective assistance of counsel because her trial attorney failed to present expert testimony about Battered Woman Syndrome to corroborate her duress defense. As indicated at the outset, we agree.
Battered Woman Syndrome (BWS) describes a pattern of psychological and behavioral symptoms found in women living in battering relationships. The dynamic is commonly described as a cycle of violence involving three phases--a tension building phase, an acute battering incident and a tranquil period of loving contrition. (Walker, Terrifying Love (1989) p. 42; Walker, The Battered Woman Syndrome (1984) pp. 95-97; Murphy, Assisting the Jury in Understanding Victimization: Expert Psychological Testimony on Battered Woman Syndrome and Rape Trauma Syndrome (1992) 25 Colum.J.L. & Soc. Probs. 277, 295 [hereafter Assisting the Jury ].) 5 The cycle begins with minor battering incidents, after which the woman attempts to placate the batterer to prevent an escalation of violence but these efforts become less effective as the cycle progresses and the tension grows. Eventually, the violence spirals out of control into an acute battering incident (rampage, injury, brutality and sometimes death). The acute incident is followed by a period of loving contrition in which the batterer exhibits loving behavior and tries to atone. (Walker, Terrifying Love, supra, at pp. 43-45; Assisting the Jury, supra, at p. 295; see also People v. Aris, supra, 215 Cal.App.3d at pp. 1194-1195, 264 Cal.Rptr. 167.)
Victims of BWS suffer from a condition known as "learned helplessness," a reaction first tested in laboratory experiments in which dogs were taught that their behavior did not affect the frequency of electric shocks inflicted upon them. The dogs' perception--that there was no relationship between their conduct and the shocks--caused distortions in their behavior. Instead of trying to escape as they had at the beginning of the experiment, the dogs became compliant, passive, and submissive. Later, when the cages were opened, the dogs remained passive and refused to leave. A similar coping response is found in...
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