Lethality Indicators Activity Part I

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Lethality Indicators Activity

Part I

Instructions: Review the case and determine what lethality indicators exist (risk markers).

Catherine and Frank Johnson were married in 1995. They had one child, Jennifer, who was born in 2002. Frank drank excessively throughout the marriage and frequently became violent and abusive. In January 2006, Catherine obtained an Order of Protection after Frank threatened her and punched her so forcefully that she “flew across the room.” Frank apologized and after a month, she had the protective order quashed and moved back in with Frank. By January 2007, Frank’s drinking and abusiveness intensified, impelling Catherine to move out of the residence and get her own apartment. When she tried to obtain her personal belongings, Frank attacked her with a knife, cutting her hand. The wound required stitches. Frank threatened to kill Catherine and the children. He was arrested for assault. Frank begged for forgiveness and promised things would be different. Catherine refused to cooperate with the police and prosecutor, claiming she cut her hand cooking. Charges were dismissed. Frank promised to change and agreed to go to a counseling program for abusive men. He also agreed to let Catherine go to night school to finish her bachelor’s degree.

Frank’ drinking and violent behavior continued and three months later, Catherine left again and immediately served him with divorce papers. Frank became enraged and proceeded to destroy the contents of their apartment, including all the furniture and housewares, as well as the clothing and personal items of Catherine and Jennifer. The police refused to arrest Frank because “he lived there” and it was his property too. Catherine got a protective order from the Superior Court, which granted Catherine exclusive use of the home and directed Frank to stay away. During the ensuing months, Frank harassed his wife and daughter, following them to school and elsewhere. On a number of occasions, Frank created disturbances at Catherine’s place of employment. As a result, she was fired. Frank threatened Catherine via email and left phone messages, stating that she and Jennifer are “Johnsons,” are going to die “Johnsons” and he had a nice place pick out to bury them. During this period of time, Frank was arrested for DUI.

In spite of Catherine’s pleas, Frank was ordered visitation privileges with Jennifer every weekend from 10:00am on Saturday to 6:00pm on Sunday. Jennifer was picked up and dropped off at the neighborhood police station. Jennifer became very anxious before each visit with her father. She told her mother that she was afraid and did not want to go with her father.

Identify any risk markers in this case:

1. _______________________________ 4. _________________________________

2. _______________________________ 5. _________________________________

3. _______________________________ 6. _________________________________

This case was liberally adapted and modified for educational purposes from the facts in Sorichetti v. City of New York, 65 N.Y. 2d 461, 482 N.E. 2d 70 (Court of Appeals, 1985).

Part II: Conclusion

About one month after Frank was arrested for DUI, he met Catherine at the police station at the appointed time for his visit. As he walked away with the child, Frank turned to Catherine and shouted, “You, I’m going to kill you.” Pointing to his daughter, he said, “You see Jennifer; you better give the sign of the cross before this weekend is up.” He then made the sign of the cross on himself. Catherine advised the police of her husband’s conduct and was told there was nothing the police could do since Frank had not hurt either Catherine or the child. Catherine returned to the police station the following day at the designated time to pick up Jennifer. Frank did not show up so she asked the police to pick him up. She was told to wait outside for Frank and give him more time. After another hour passed, Catherine again went to the officer in charge and asked that he investigate. The officer refused and told her to go home and wait. She was directed to call them when Frank showed up.

At about the same time Catherine was sent home, Frank’s sister entered his apartment, and found him passed out on the floor with an empty whiskey bottle and pills nearby. The aunt also found Jennifer, who was severely injured. Frank had attacked the child repeatedly with a fork, knife and screw driver, and attempted to saw off her leg. The child was rushed to the hospital in a coma where she was hospitalized for 40 days and is now permanently disabled.

Frank Johnson was convicted of attempted murder and sentenced to prison. The City of New York was found liable for failure to protect the mother and child.

This case was liberally adapted and modified for educational purposes from the facts in Sorichetti v. City of New York, 65 N.Y. 2d 461, 482 N.E. 2d 70 (Court of Appeals, 1985).

Bonnie Black, Instructor