Resistance Behind Bars: The Struggles of Incarcerated Women

Dear friends:

It is with great joy that we announce that another domestic violence survivor has been released from state prison through the efforts of the California Habeas Project!

Brenda Clubine was released Wednesday, October 22nd, 2008, after serving 26 years on a 16-to-life sentence. She originally had been convicted of 2nd degree murder for the death of her abusive husband.

Due to a successful *habeas* petition under the law that the CA Habeas Project works to implement (PC Sec. 1473.5), Brenda's conviction was vacated last week, and she instead pled guilty to voluntary manslaughter. She was re-sentenced to 7 years in prison and finally released with credit for time served.

Brenda's freedom is the result, in part, of the hard work of many people who have supported her over the years. The Habeas Project especially would like to express our tremendous gratitude to and admiration for Judy Freeman, a solo practitioner whose unwavering belief in Brenda fueled her dedication to filing the *habeas *petition that led to Brenda's release.

We also would like to thank attorneys Manny Abascal, Yasmin Best, Terri Lilley, Arnab Banerjee, Peter Brachman, Dan Seltzer and their colleagues at Latham & Watkins in Los Angeles, who stepped in this year to represent Brenda once an evidentiary hearing was granted in her case, and who successfully negotiated with the Los Angeles District Attorney's office for her release. Latham & Watkins' strong commitment to the work of the Habeas Project is deeply valued and appreciated.

We also want to recognize the contributions of Alyce La Violette, Lee Bowker, and Nancy Kaser-Boyd, three expert witnesses whose reports helped the DA's office conclude that had expert testimony on battering and its effects been introduced at Brenda's 1985 trial, the outcome of her case would have been different.

Brenda has been an amazing advocate for incarcerated domestic violence survivors for decades. She is one of the founders of Convicted Women Against Abuse (CWAA), the longest-running support group for incarcerated battered women in California's state prisons. Her leadership has been incredibly important, and she leaves behind a lasting legacy of her vision for healing and justice for imprisoned domestic violence survivors.

Brenda is the 20th survivor who has been released through the Habeas Project's efforts, and the 10th to be freed through a successful *habeas *petition under Penal Code Section 1473.5. Other Habeas Project clients have been released on parole or through other legal remedies.

Free Battered Women and the Habeas Project wish Brenda much joy, strength, and courage as she begins the next stage of her journey. With gratitude to everyone working for incarcerated domestic violence survivors' freedom,

Best,
Emily Harris
Free Battered Women