Judge Pirro on the Chris Brown and Rihanna Case
Last Thursday night I was a guest on "Larry King Live" to discuss the Rihanna/Chris Brown case. That day, Brown was hauled into court to answer for the criminal charges of felony assault and making criminal threats that were brought by the Los Angeles District Attorney's Office. As a result, Brown faces more than four years in prison.
The public saw, for the first time, the search warrant supported by a sworn police statement, and the details of the brutal and vicious beating Rihanna received at the hands of Chris Brown. I do not add the word "allegedly" because the SWORN police affidavit based on Rihanna's recitation of events, caused the police to believe that Brown attacked her. That is why they sought a search warrant and the arrest of the defendant. They believed there was probable cause, based on extremely damning evidence, that Brown committed the crime of assault. This is very different from the presumption of innocence required of a jury at a criminal trial. As stated in my book, "To Punish and Protect" (St. Martin's Press, 2003), the phrase 'innocent until proven guilty' does not mean that those of us who have examined all the evidence before a trial must stick our heads in the sand and draw no conclusions whatsoever. We don't drag people into court because we believe they are innocent; we do so because we believe they are guilty.
Given the reports that the defendant and Rihanna have reconciled, the questions for the panel were whether the charges should be dropped, whether a plea bargain should be worked out, or whether the prosecution could even go ahead without the victim. The panel was not optimistic about going forward and referred to the defendant's Sixth Amendment right to confront his accuser as a basis to believe that no prosecution was possible without Rihanna. However, for the moment, statements attributed to Rihanna indicate that she is willing to testify if asked.
The Domestic Violence Unit that I started in the Westchester County District Attorney's Office in 1978 was one of the first in the nation. I know these cases and I understand the dynamics. If, as a society, we were to say 'oh they're back together -- let's forget about it' we would be contributing to the societal indifference that for generations existed in this country and that helped to create the belief that beatings that occur in the home are a private matter. Remember, it wasn't until the late 70s that it was even considered a crime to commit domestic violence. And we wonder why we are such a violent society. The abuse that occurs in the home is a training ground for young children who believe this kind of behavior is normal. Girls are socialized to believe that they should accept it, and boys are socialized to believe that no one will interfere with their 'right' to beat their wives or girlfriends. Inevitably, this learned behavior spills out onto the streets and we tend to look away (as was shockingly the case in Queens in the late 60s when Kitty Genovese was stabbed to death while people ignored her screams and turned up their radios because they believed it was simply another domestic dispute).
I decided early on to remind victims that the prosecution was not theirs (so as not to have them shoulder the guilt) and that the prosecution was in the name of the People of the State of New York. They were merely witnesses. If the victim decided not to go forward because she believed all was well (the facts and my three decades of experience make clear that the intensity and frequency of the beatings increase as time goes on), it was then my burden to prove the defendant's guilt beyond a reasonable doubt to a jury. There was no way I could allow a batterer to think he got away with it and free him up to do it to another woman or possibly kill his victim. I was certainly not going to re-victimize her by holding her in contempt if she refused to comply with my subpoena. So, how do we go forward without her?
The panel on 'Larry King' believed the case was doomed because the Sixth Amendment of the United States Constitution requires that accusers come into court and accuse their abusers. In support, they cited the 2004 Crawford Supreme Court case. That case is totally distinguishable. In Crawford, prosecutors played a tape-recorded statement given to police of a wife describing her husband, who was the defendant, stabbing the victim. It of course, contradicted the defendant's argument of self-defense. Because the wife did not testify, and the statement was prerecorded, the defendant could not cross-examine the statement. As a result, the defendant claimed a violation of his Sixth Amendment right to be confronted by "witnesses against him". The Supreme Court agreed and so do I. However, fast forward to Rihanna -- one has NOTHING to do with the other.
This prosecution can go forward without Rihanna! I have done it and so have thousands of prosecutors across the country. And the fact that the LA District Attorney filed the two felony charges even after there were reports and sightings of the defendant and his victim reuniting, shows that they know what they are getting into. So, how to proceed without Rihanna?
If the prosecution got a release from Rihanna of her medical records when she was cooperating, the defendant cannot be heard to object to their admission. The jury can see the number and areas of the bruises, contusions and abrasions. Those records make it eminently clear that Rihanna was the victim of a vicious and brutal assault -- bite mark abrasions, contusions and marks on her neck indicative of choking, and wounds that can be expertly described as 'defensive' (i.e., she was defending her face with her arms and her body with her legs pulled up).
Photographs of her battered face and body are admissible as well, showing a classic example of a battered woman. And by the way, photos if there are any, taken a few days later when the bruises and swelling are even more pronounced, will have an even greater impact. Her clothing with blood on it will corroborate the beating and when and where it occurred. The defendant will not be able to say, as many defendants do, that the beating happened somewhere else or at some other place. Because she is a celebrity, the paparazzi have photos of her in the car before she was beaten and in the same outfit. The car that the defendant was driving (as corroborated by paparazzi photos) will undoubtedly have her blood in it - on the interior and forensically will corroborate the clothing blood spatters and the medical records, not to mention the place of the crime -- his car, on her side!
The witness in the neighborhood, who called 911, heard her screams and who found her in the car will testify. That witness will describe her condition and her state of emotion and any excited utterances of Rihanna -- a clear exception to the Crawford case ruling and clearly admissible. Any statements of Rihanna at the scene might also be admissible as a 'present sense impression', i.e., an out of court statement by a person other than the accused, describing events at the time of occurrence or immediately after. The telephone records of the defendant and Rihanna, and her assistants whom she called and left messages for are a specific exception to the Crawford ruling. They are business records and are admissible. Remember, Rihanna's call asking for help completes the narrative and 'res gestae' of the crime. Chris Brown called Rihanna's assistant and asked if Rihanna told the police he did it. This is a clear admission by the defendant! His absence from his own vehicle, which the paparazzi had him driving, shows his presence at the crime scene and his flight from the vehicle shows consciousness of his guilt. All the discussion about Crawford ignores the fact that there is far more evidence than a tape-recorded statement by Rihanna. Legal exceptions like spontaneous declarations, present sense impressions and excited utterances of the victim might very well come in without Rihanna entering the courtroom.
Rihanna is in the classic 'honeymoon period' that I have witnessed first-hand so many times. The defendant called her on her 21st birthday and she believes all is well. It's not. Rihanna herself has admitted this was not the first beating. It was, however, the most serious in a series of increasingly violent attacks. And it's no surprise, given Brown's admission that his own mother was battered -- a classic example of the learned behavior that moves from one generation to the next.
What Rihanna does not know, and what people around her are apparently afraid to tell her, is that she is in even more danger if she does not make him accountable by the criminal justice system. His claim that he is remorseful and that he is counseling with his pastor and family is belied by the fact that he's all smiles as he vacations and cavorts on a jet ski and as he parties at a local bar into the wee hours of the morning on the day of his arraignment (by the way did anyone notice he is under the legal drinking age?). If there is no prosecution, the message to Chris Brown is that he can get away with it. The unfortunate message to Rihanna's young fans is that it's okay to be choked to the point of unconsciousness and then to reunite. Hope springs eternal during this period; denial is rampant and minimization makes the trauma easier to accept. The question I have is why does Rihanna think she deserved it and more importantly why does she think he won't do it again?
The opinions expressed in Jeanine's Journal belong solely to Jeanine Pirro, and do not reflect the opinions or beliefs of the series' producers, AND Syndicated Productions, Inc., its parents and successors, employees, officers, agents, directors, subsidiaries, divisions, affiliates and assigns. Producers are not responsible for the accuracy of any information provided by Ms. Pirro. It is recommended that you consult with an attorney in your area.
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Important websites to help.
- ASPCA
www.aspca.org - Alcoholics Anonymous
www.aa.org - MADD
madd.org - Federal Trade Commission
www.ftc.gov - National Domestic Violence Hotline
www.ndvh.org
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As an abused women i have posted several comment's asking for help or direction thanks Judge pirro for not one single comment as to where to get it and how it works your site is a lot of bla bla bla on domestic violence not one iota of help.
i just feel like people was just just putting every thing on him
i told people that she was hitting him first
\she has evil-ness in her soul--- put all jokes aside
but pay more anntion to her =judge ask her more Q and get every deatial that was not said ---cause their is more trust..... And have
she whants chris to suffer more then he is now... she whants to turn him into a begging man......she likes that you can tell she whants a sissy man..... and its not any of jay-zs bussiness............... tell her that he need to stay out of it do see chris brown mom all in it i havent even heard anything from her this is only bettewn chris and rhinna and the judge and law... so thanks and ~~~~~~```yo0ur a great judge!!!
I love your show Judge Pirro. As for Chris Brown and Rhianna, I guess I am old school. Going around half dressed and playing games with people's emotions bring on a lot of the deviant behavior we are now witnessing. I am not an advocate of domestic violence, but these young women of today should look at thier morals and the sometimes dangerous situations they place themselves in.
This is strange. i just don't see how he was able to accomplish punching, biteing her that many times while driving a sports car that can hit 200 in only a few moments. how did he manage to do all this and not crash? i'm saying he didn't hit her, because its obvious he did with the picture and all, but he says it was self- defense.
She admitted to hitting him first, isn't that a law that if someone attacks you, you have the right to defend yourself? she admitted to hitting him and slapping him before and said he never hit her back.The first time he did it was after the clive davis party in the car when he went off.
Domestic violence is bad, but i don't think defending yourself can be considered domestic violence. if a woman is coming at you with a lamp, or a knife, and you fight back is that considered domestic violence if your a male and you hit her? she was the one coming at you first. my thing domestic violence is both ways.
It can be woman doing the abusuing or the male. no one should put their hands on anyone, male or female, thats what starts this violence in the first place. i don't care if rihanna was mad at the text, she had no right to attack just because she was angry, and yet she's the victim after chris brown fought back.
I'm not trying to justify what he did, but if she attacked first then whats the problem? a woman can hit all on a man yet they're not supposed to do anything in retaliation? how is that right? how is that treating men and women equal? rihanna has been known to have a temper and to have went off on chris several times. i don't think he was wrong to defend himself. people may think thats strange and may call me a supporter of violence or a male for say that. i am neither, i don't support domestic violence nor am i a male.
If you hit someone, i say don't expect them not to react to you if your a woman and the same for a man, don't expect her not to react just because she's woman and is intimadated by you being physically stronger then her.
i just wanted to share what i think of the story between these two young people. hope you have a nice day Miss Pirro.
- Leigh
by the way, the people who are writting trash about this judge do not seem to see the good in people. and, shame on themmm!!!. judge, when you are in palm beach i will buy din din....regards...keep truckin and smile as always....deep regards ..judgeeee
Hello!
You changed my life.
Wanted to tell you that i was in your studio audience in 2008 a bunch of times.
You made me stop conversing with my ex boyfriend who i started talking to again who had some abuse problems.
You changed my life.
Thank you
am not a judge bt its all common sence. how does a whole Rihanna let a man lay ahand on her n let him get away with it? judge jp is honestly right; what message is Rihana trying to convey to her fans? is Rihanna scared of the reason why she was beaten far beyond the beating itself? or is it out of love? C'mon not from u...
you all that are just hating on the judges, i dont recall seeing the judge title on your name. leave pirro alone. she does good.
Shame on you judge Piro, yu are so one sided, no better than the papparazzi. This child was not at a bar drinking. ( Do you have a family of your own?)This child had a business meeting with some one at a hotel, I think that you need to apologise to him in person. You have already tried him-- May God truly bless you.
I wonder if it is possible for a man to be found "not guilty" if he is accused of assault, especially in Judge Pirro's court, or, conversely, if a woman could be found guilty of assault? I've known men who were wrongly accused of rape and of battery; it is amazing how a woman can say anything and the guy is presumed guilty. That is completely against the entire principle of our legal system.
Judge Pirro was not at the courtroom during this trial or virtually any of the others she has pontificated about. Is Brown guilty? Probably. The bigger question is, does it matter as long as a woman cries "victim"?
Anonymous,
Chris should NOT be rewarded for his criminal actions. Buying his CD's just rewards Chris. He needs to feel the sting of his actions in more than one way. Hitting Chris in the pocket is just another necessary way to show him that civilized compassionate people will not tolerate his disgusting behavior.
Hi. I just want to say that this is a fair and accurate description of exactly what happened. It is absolutely disgusting what Chris Brown has done. I think that Judge Pirro is absolutely in the right. However, I do not think that this beating by Brown is any excuse not to buy his CDs. If you like the way he sings, what does this behavior have to do with his music? It doesn't.
I jsut caught this so called judge on the M&J show. I've disagreed with her position and her total attitude on several cases. This one with Chris and Rihanna got to me. I agree that the guy did wrong. I was far more agreeable with Geraldo though I really don't like him either. Geraldo quoted his 14 year old daughter "some people make mistakes,give him a second chance". This woman wants to castrate him, throw the book at him. This is one of the huge problems with our system now... Obviously this man needs to be monitored but public shame and teaching people works far better than destroying them. That is why forgiveness is taught to us. Hate and beating the hell out of people doesn't work.. she wants to beat him in a legal arena as if she has a sexist problem with all men. I simply do not think this woman has the quality of good and fair judgment or justice. Her and Judge Judy both need to be taught how to act in public and hold such an office with dignity and character rather than being someone who blows up with loud outbursts of hatred and disrespect for people they judge.
ASDF. I'm sorry but statistics from so-called "experts" often are not reliable. Statistics can be manipulated especially by changing the known formula devised to create the stat. Bottom line; I was brought up to respect people as I’m sure you were. Chris showed absolutely NO respect for Rihanna. Any male that would strike a woman is dangerous to society. I do understand that everybody has thresholds but he should have been able to control himself. Some people can murder and some would rather be murdered than take a life. Chris showed that he is capable of harming a human being for no legitimate purpose and that’s dangerous. For Rihanna’s sake, he needs to spend time in jail so she has a chance to open her eyes and have someone else come into her life that will cherish her instead of beat her.
To ASDF, it's women like you who make it hard for every other woman. Yes, there are female batterers. Plus, these women tend to get off light compared to men. However, you're saying that she deserved it. That's sad and sick! It's an excuse that's akin to "She made me do it," or "She hit me first."
What some people may not understand is that sometimes in an abusive relationship; the woman may be the aggressor. What I mean is that sometimes an abused woman will pick a fight with the batterer. Why? The "honeymoon" period is not all rosy. Waiting for the moment the abuser loses control again is scarier than getting beaten.
I love your show and watch it every day. My heart goes out to all the battered women in the world. I was physically, mentally, and verbally abused by my ex husband for 16 years. The first time he every beat me, it was as you call it "the honeymoon stage". The beatings never stopped. It was to the point that I too believed I deserved it. He had broken my nose twice, I also had broken ribs. I had thousands of bruises and I too always called the police and would drop the charges because he would apologize and swear to me it would never happen again. This was in the state of Pennsylvania. In 1999, after the death of my father, my sister moved to Georgia, she didn't want to be in a state where she knew no one and convinced my ex to move there. He promised me a better life, a knew start and all the other happy crap that goes with the con. Well, it didn't stop. I always intervened when it came to my kids. He would go after them and I would step in. I was working as a substitute teacher in Georgia. Again I was the only one working which is how it always was throughout our marriage. I worked 2 full time jobs, while he sat at home drinking. I came home from school one day about a year or 2 after moving to Georgia and he was drunk and started the minute I walked in the door. Well my youngest son jumped on me while he was beating me, he turned, grabbed my son and started choking the life out of him. I got in between them and the only way I could get him off my son was to kick him in his family jewels. I called 911 and the police came. They took my son to the police station and took pictures of him. They took pictures of me and arrested my ex. I was crying hysterically and told the officer that he would try and get me to drop the charges. When he told me I didn't have a choice that the state of Georgia is charging him, I felt like the weight of the whole world was lifted off my shoulders. He was in jail for about a month and a half, until my nephews took money out of their savings account to bail him out. When he went to court he got a small fine and time served. I filed for divorce in 2002, was granted my divorce and he was ordered to pay child support. Well to this day he owes me over 62,000.00 in child support. He is finally in jail for non payment of child support and I have to go to court March 31, 2009 for that. So where is the justice. He beats me for 16 years and gets 1 1/2 months in jail for that. They will let him out on this charge and in the meantime I have raised my children on my own without his help. Three of my children are now grown and my youngest daughter is 14. All I want is justice and closure and I will never get it.
Judge Pirro,
Let me first say I enjoy your show and the patience you have for people. Second, It's admirable to have read you're work regarding domestic violence. I am a police officer in the State of New York and my job is a front row seat to life. The average person has absolutely no idea how widespread and dangerous the violence really is. From the doctor's wife to the plumber, nobody is immune from the abuse. I can't tell you the number of times I responded to DV calls and found a beaten women shaking and crying who was to afraid or so in love with their abuser that they would not cooperate. I pray that this is not the case with Rihanna. As you know I’m sure, Chris will NOT change and Rihanna will be beaten again. I know everybody has a right to their opinion but people posting any excuses for Chris will only hurt Rihanna and other women who read these blogs and are trying to build the courage to leave bad domestic situations.
Your Honor,
I would like to thank you for all that you have done for women like my mother who was abused by my father for over 37 years. Unfortunately, as you know DV was not a crime. I distinctly remember police officers and clergymen from church coming to my home and in the spirit of male comadarie suggested that he come with them for a "walk around the corner." After years of his abusing my mom, he abused us as well, I at age 16 years old intervened. Unfortunately, he retaliated and struck me. To this day I recall the tears spilling down the right side of my face, as the ER doctor is stitching my torn ear. I also remember silently asking and begging for someone anyone to intervene. My mom left my dad finally when she discovered that my niece was sexually abused by him. Judge Pirro I have to tell you that because this man terrorized my entire family for so long that even when threatened to lose her children if she did not testify on her behalf of her daughter AND my mother would not cooperate with the DA, I was called to provide corroborating testimony about the physical and sexual abuse I suffered at the hands of my father. I received closure when the detectives and the DA of my then county (Westchester) listen and then acted on behalf of my niece and myself, which finally allowed me closure.
I know that I owe all this to you. I want to express deep felt gratitude and thanks.
I was involved in a domestic and for her even if she is back with him to not go through with the charges will make it harder on every person that file charges. He needs to be accountable for his actions. He did it regardless if she started it, he finished it in the worst way. If he get away with it he will always feel he will get away with it. If he feels he was abused as well he should file charges against her. Then they both are paying for their actions. But for her to drop it as bad as she was hurt would ruin the abuse system to help the abused. I was beat worst than her, never fought back because I never seen the beating coming. With the pictures and witnesses he only got 1 year in jail. He served that time but what I am serving is a life time of rememberance because my nose was broke and now I suffer migranes and sinitus. Trama to my head. She may be healing but I am sure she is ailing.
In reply to ASDF you are out of your mind. Judge Pirro is totally right. You say she abused him how badly could she possibly hurt him and if true then he should've left her.It gives him NO RIGHT to put his hands on her. You ASDF need some counseling yourself.
I absolutely love Judge Pirro.keep up the great work.Wish there were more like you. You and Mathis are my faves.
I just read INFORMED statistics from the domestic abuse experts. If someone hits you once, it MOST certainly does not mean he will do it again. There were NO previous events in which Chris hit Rihanna. It has come out that SHE slapped him before and he held her and told her to calm down. How in the world can a police record be released to the public with only one side of the story on it??If it's true that Rihanna was throwing a cell phone at Chris ,slapping him and acting hysterical WHILE he was driving - does that not give him a reason to try to stop her - at least until he pulls the car over. How careful can he be, as an inexperienced driver of a 250,000 rented car - to make sure he only hits her 'lightly'. Even the Rabbi that called 911 said she was not screaming for help - she was just screaming uncontrollably - probably about the other woman that called CHris. And the fact that she fought him until he walked away - counts for nothing either right. I don't see how a woman can initiate a fight and then the man goes to jail for it. Regardless of the damage she received, that just does not seem legal.I am a female - and I would never hit a man.
You people need to let it go with your opinions. Judge Pirro stop acting like you are GOD. If you really cared about this then be a mentor. Yes, you are a judge elected by the people but only GOD will be the final judge of all of us not you or the public you all do not matter at the end of the day. So Shut up please........
As I sit trying to find a way to tell my story and believe when I say this I have tried so many times for someone to please listen to the injustice that I have received.
On the morning of September 27, 2002 I was severely injured by a Pa State Trooper that, I was dating at the time of this horrible abuse. That morning will live with me for the rest of my life and the memory of the abuse will always live with me. Many women like me who have been abused realize that domestic violence is a life time of healing and with all the horrible abuse that has showed it’s ugly head again, with the Rihanna and Chris Brown and with two women here in Philadelphia, PA were murdered by there boyfriends. It has saddened so many of us.
Our news media calls it an incident or a disturbance but my group sisters and I call it what it really is and that’s Domestic Violence.
I begged for help, I begged to be taken to the hospital and he refused and he left me in the middle of the road bleeding. I was treated like an animal.
This horrible abuse caused me to have retinal detachment from the left eye and has left me in fear for years until now.
Until this very day, I remember how the Corporal had said he found, so hard to believe that trooper would leave me in the middle of the road because, he’s known him for 15 years.
My god, I don’t know how I made it back to my place of resident but I did and I felt with the grace of god, I am one of the lucky ones. Not many of us can say this, but those who are left behind are left with nightmares of the abuse that we sustained.
I followed every procedure in the law to receive my protection order from abuse. I was granted my order from the Lancaster Courts and our hearings were postponed on two separate occasions and I found it unusual that, the Corporal that interview me in regards to this abuse would attend my hearings.
At first I thought maybe he was protecting me and I thought I would be safe but sadly, I was wrong. On November 7, 2002 my order from protection from abuse was dismissed without prejudice. I was horrified and I could not believe my ears. I was alone, I was represented my attorney from Women Against Abuse and by the look on her face I could tell that something horribly went wrong. Did she feel this was unfair?
On December 27, 2002, I received a letter from the attorney stating that they had put the trooper on notice not to call or come near my place of resident. Now, this just made me more confused, if you put him on notice then, why didn’t you fight for my protection so I would be able to receive my order.
My fears were real and who was I just another female abused physically by her lover and left like an animal in the middle of the road.
I wrote to my Governor and I quote “I believe there is a cover up within the State Police. I never received a response from the Governor’s Office
For three years, motion after motion, dismissal after dismissal was filed. On June 8, 2007 the federal judge ruled that the trooper was liable for the injuries that I received. What horrifies me more then anything that, this trooper was never brought up on charges. The Lancaster Police did not charge him, the PA State Police did not charge him or disciplined him, or even reprimanded him nothing, seven years passed and this trooper was able to retire from his position as a PA State Trooper.
For years I lived in fear, not knowing if he was going to come after me. I reached out to an advocate from Illinois who happen to have a web site called Abuse of Power. With her encouragement, I reached to Women In Transition here in Philadelphia, PA and with the help of my supporters and group sisters I have empowered myself and I will be victorious. I am no longer afraid and I believe that some how or some way I will be heard and I will receive my justice.
Domestic Violence is an epidemic that is out of control and many more will suffer. Many more people must be educated when it involves victims and survivors of domestic violence.
I am not sure if my story will go on def ears but I felt that I needed to tell what happened to me.
Thank you for your time and compassion.
Domestic violence is an issue that cuts across all socioeconomic classes. If they continue as a couple, the violence will continue to escalade. He will not change his behavior. Society needs to understand this is not acceptable.I have worked in the Public Health arena and seen some very negative outcomes. We need to educate people escpecially our young women what to do if they find themselves in these situations, the incident needs to be reported to the police, and violators need to be prosecuted.
Chris Brown should be obtaining counseling from a professional that specializes in DV or anger management. I can only hope eventually Rhiana will see the light and use this very public incident as a teachable moment for other victims of DV.
I hear they are getting married. Judge if they get married she won't have to testify? If I told my Mom I was getting married to an abuser, the last thing she would say is she stands behind me. Rihanna needs to get some self respect and a 9mm.
Jeanine Pirro: I making corrections above,line 4
not (for) it's (from),line 9 By the way I'm a 75
year (old) woman.
I getting ready to watch your show in 20 minutes.
Jeanine Pirro : Thank you for writing another story of Chris Brown and Rihanna case. I
did watch you on the "Larry King Live "with the
the other three.Someone most get to Rihanna to stay
away for Chris Brown and press charges.I saw his
car with the blood from the beating.She needs help.
The next she will be a goner!!!!
I'm a loyal fan of "Judge Jeanine Pirro " watch
it on CW at 3PM on channel 11 everyday. I'm saying you,re have one of best Judge Shows.
By the way I'm a seventy five woman.