The prosecutor who handled the hearing told me afterward that my ex-husband's demeanor was arrogant and shameless. "The sentence is not as harsh as I'd hoped for," he admitted. "But another judge could have reinstated probation or imposed just a fine." He also lamented that the judge hadn't ordered him into custody right away: "That would have sent a good message, I think."
The judge gave my ex eight days to get his affairs in order and he authorized work release once he was incarcerated. My ex-husband stated that he intended to appeal--"there are constitutional issues, as well as basic fairness under the law"--and requested an appeal bond. In other words, he wanted to post bond and stay out of jail until the appeal was heard. The judge ruled that there were "no apparent grounds for appeal" and denied the bond.
Within days, however, the judge issued an order on his own to rehear the matter. He'd read a recent case that might affect the appeal bond decision. He soon granted a $1,000 bond. My ex-husband was not going to jail after all.
The prosecutor tells me there is "no chance" my ex-husband will win on appeal but says "he's smart enough to push the right buttons." According to the judge, the case hinges on the "close question" of whether or not my ex still had a Fifth Amendment privilege at the time he refused to answer the psychologist's questions about the original felony charge. The appellant intends to assert that the probation revocation violated his Fifth Amendment right to due process, protection against double jeopardy and privilege against self-incrimination. He also believes the trial court erred in limiting his questioning of his probation officer. He must file his opening brief with the Colorado Court of Appeals by October 1998.
If my ex-husband had done his probation quietly, it would be ending right about now.
A few weeks ago I got a letter from the Internal Revenue Service, notifying me that my ex-husband had filed no tax return for 1995, the year of the assault.
This is a man who believes the rules do not apply to him. He will listen to no one. Not to a Denver police detective. Not to his probation officer. Not to a court-appointed psychologist. Not to his own defense attorneys. Not to a district court judge. Not to the IRS.
But his battles are no longer mine.
I sold the house where the assault took place and made a fine profit. I sold the brand-new surveillance cameras to the owner of a bar on South Broadway, who was grateful to have them. I left the tube of K-Y jelly to rest in peace in the property room of the Denver Police Department. I passed along my ex-husband's address to the polite woman from the Internal Revenue Service.
I have moved on, and life is good.
Editor's note: Christine Brennan's ex-husband was offered an opportunity to write a companion piece to this article. He declined. In a letter to Westword, which is owned by New Times Inc., he explained his decision, writing, among other things:
"I must admit that New Times is unique. What other media organization in the country would allow its executive managing editor to use one of the corporation's newspapers to further a highly personal and malicious campaign against a former spouse? There are holes in Christine's story. There are discrepancies between the various versions of them on record. There are implausibilities regarding her claims and her behavior. A story that does not examine those factual problems--particularly when a paper allows it to be written by someone with such a glaring personal bias--would be published with reckless disregard for the truth."
Metro resources for victims of domestic violence:
Colorado Coalition Against Domestic Violence: Statewide referrals for domestic-violence shelters. 831-9632, or toll-free, 1-888-778-7091.
Project Safeguard: Legal assistance, including restraining-order and divorce clinics. Hotline 863-7233.
Karlis Family Center: Counseling, support groups, legal clinic. 462-1060.
Promoting Alternatives to Violence Through Education: Family-violence education programs in schools, family counseling, group counseling for juvenile victims and offenders. 322-2382.
Stalking Rescue: "Proactive" victim education and intervention. 797-2635.
SafeHouse Denver: Support groups, legal-assistance clinics, family and friends support groups, children's groups, referrals to safehouses and other resources. Hotline 892-8900.
Servicios de la Raza: Group and individual therapy and education, advocacy support, referrals to emergency funds and other services. Geared toward Spanish-speaking clients. Hotline 458-7088.
Denver Victims Service Center: Crisis hotline for victims of crime, short-term crisis counseling, and emergency financial assistance for Denver victims. Hotline 894-8000; TTY 860-9555; Spanish language 461-8587.
Family Violence Intervention Program: Jefferson County-run program offers referrals, counseling, family evaluation for local residents. 271-6966.
Gateway Battered Women's Shelter: Shelter for female victims and their children, non-residential counseling and support services, Arapahoe County criminal-justice program. Hotline 343-1851.
Women in Crisis: Safehouse referrals, advocacy, restraining-order clinics in Jefferson County. Hotline 420-6752.
Boulder County Safehouse: Safehouse referrals, advocacy/support for battered women and children in Boulder County. Hotline 444-2424.
Women's Crisis Center of Douglas County: Safehouse shelter, residential and "out-client" counseling for women and children, recovery support, child-care support. Hotline 688-8484.
Alternatives to Family Violence: Adams County-based services for battered women, children's shelter, "out-client" treatment program for offenders, support for women seeking to leave abusive relationships. Hotline 289-4441.
Brandon Center--Volunteers of America: Safehouse and shelter for homeless women and children, education, employment services, self-esteem groups. Hotline 296-9090.
