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New Rules Endorsed in Domestic Abuse Cases : Crime: Successful prosecutions are expected to increase. Police will photograph and tape victims in case they later change their minds about pressing charges.

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SPECIAL TO THE TIMES

Ventura County police agencies have agreed on guidelines for investigating domestic violence cases--a move that is expected to result in more successful prosecutions, officials say.

Under the new countywide policy, officers answering domestic violence calls will tape victims’ statements so that prosecutions can continue even if the victims change their minds. All wounds and bruises will be photographed. And details of the crime scene, such as torn clothing and overturned furniture, will be included in the officer’s report.

In a related move, the district attorney’s office has assigned an additional prosecutor and investigator to handle domestic violence cases, and Oxnard police have for the first time formed a two-person unit whose primary focus will be spousal abuse.

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“We’re just assigning a higher priority to these kinds of cases,” said Oxnard Police Cmdr. Tom Cady, who led the effort to develop the policy. “Research shows that batterers tend to come from families where they saw battering occur. If we can break that cycle of violence in the home, maybe we will also see a diminishing of the violence in the communities.”

The new guidelines, contained in a 25-page booklet, were developed by a committee of the Ventura County Domestic Violence Task Force.

Chief Assistant Dist. Atty. Colleen Toy White said the task force was assembled in 1991 to take a broad look at ways to reduce domestic violence.

Recently, the county has witnessed several high-profile spousal-abuse cases, most notably the January, 1993, beating death of JoAnn Linkenauger. The Sheriff’s Department came under fire in that case for failing to take action on several earlier complaints of violence.

Officials say the new policy and other changes were in the works when those incidents occurred. “We just saw this as an area where we could do better,” White said.

In addition to adding another attorney, the district attorney’s office has changed the way that it prosecutes domestic violence. A special unit now handles all those cases, rather than allowing them to be mixed among other misdemeanors and felonies assigned to different prosecutors.

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Jamie Leigh, executive director of the Ventura County Coalition Against Household Violence, said she hopes that the new police policy will mean that all abuse victims in Ventura County are treated the same, regardless of where they live.

“It is really much more effective if you have a protocol countywide, so that everyone makes an effort to respond the same way,” she said.

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Leigh said she believes that there are small differences rather than “major gaps” in the way police departments in Ventura County approach the problem.

“We really are, all things considered, fairly progressive,” she said. “All the entities tend to make an effort to support one another.”

Cady said the new policy, which went into effect late last year, does not differ much from what is already taught in police academies. But it does place greater responsibility on patrol officers to do investigative work that may prove crucial to a prosecution if a victim later refuses to cooperate, he said.

The booklet gives detailed instructions on when a suspect should be arrested and advice for women seeking an emergency protective order. Officers are also prohibited from asking victims whether they want to press charges.

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To help collect evidence, all patrol officers in Oxnard now carry tape recorders, and the department recently purchased additional 35-millimeter cameras for photographing evidence.

“We have a commitment by the district attorney’s office that if we gather information where they can move forward on a case, even if a victim changes her mind, they will go ahead and prosecute,” Cady said.

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The number of felony spousal-abuse cases that have gone to court has increased from 10 in 1989 to 41 in 1992. Misdemeanor filings have risen from 54 in 1989 to 217 in 1992.

For each of the past five years, police departments in Ventura County have received about 4,200 to 4,500 reports of domestic violence. Such calls are considered the most dangerous part of a patrol officer’s duties and a high burnout area for prosecutors because of the number of victims who refuse to cooperate.

Along with the police guidelines, the Ventura County Domestic Violence Task Force has developed a pilot program to assist emergency room doctors and nurses with reporting suspected abuse.

Experts say such an effort is important because domestic violence is the most common cause of women’s injuries in emergency rooms, placing hospital personnel in a unique position to report battering.

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“Physicians oftentimes know (that) what the victim is saying is not consistent with what the injury is,” Leigh said.

The pilot program uses a three-part form for reporting abuse. One copy is given to the victim, another goes in a medical file and the third is given to the police agency where the victim lives. Officials hope to have the forms in all county hospitals later this year.

Domestic violence diversion programs are also expected to see changes within the next few months. Under a state law that takes effect July 1, the number of required counseling sessions will be increased and the time period for completing the sessions will be shortened.

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