Woman Failing to Protect Their Children from Abusive Partners
Tondalo Hall was sentenced to 30 years in prison for failing to protect her kids from her abusive boyfriend, Robert Braxton. Braxton, however, was only given two years in prison for breaking the ribs and femur of their daughter. The judge who sentenced her remarked that in her testimony she seemed to fear her boyfriend.
Hall plead guilty to enabling child abuse in 2006. She has not applied for a full pardon, but rather a commutation. That would release her, but not absolve her from the crime. In her application she expressed her remorse, but that she was stuck in an abusive relationship and she thought that alerting the police would make it worse. Since she has been in prison, she has completed her GED, taken parenting classes, kept a job in the laundry department, and continues to write letters to her children.
There was a petition sent to the Oklahoma Pardon and Parole Board by a woman's rights group explaining the injustice in Hall's case and it has received over 70,000 signatures. Her case is going to be under review of a panel of five parole board members, then if the board approves, it goes to Governor Mary Fallin. For Hall's commutation to be accepted, it must first pass the initial board vote for the case to granted further consideration. If the board votes no, she will be serving at least 15 more years with the possibility of parole.
If the board agrees to hear her case, she will be able to give personal testimony, and people for or against her case will allowed to testify as well. Then the board has three options for Hall. They could keep her in prison for her full sentence, shorten her sentence, or set her free immediately. If they choose to set her free or shorten her sentence, her case will be reviewed by Governor Fallin.
Some people do believe that she deserves the prison sentence she was given and that she should finish her out her sentence in prison. At Hall's sentencing hearing, the prosecutor Angela Marsee said that Hall's children were in pain because of what she didn't do, and Hall should pay for that.
Hall is among a group of women who have been sentenced more than 10 years for failing to protect their children from abusive partners. In an investigation done by BuzzFeed News, they found 28 cases where each woman had been physically abused by their partners, and they got a sentence greater than 10 years. In three of these cases, the woman received a longer sentence than the man who abused the child.
In Minnesota and Iowa, laws about child endangerment include a section regarding that at the time of the neglect there was reasonable fear in the mind of the defendant that "acting to stop or prevent the neglect would result in harm to the defendant or the child in retaliation." Texas has an omission statute, but the defendant can not have any knowledge of any prior abuse.
Comments from Allen: I hope she gets out. It is inexcusable that the one who actually did the harm got only 2 years in prison, which the mother who failed to stop the abuser got 30 years. I suspect the mother and the abuser were sentenced by two different judges, and neither considered the sentence the other was giving.
Unquestionably, the mother should not get a longer sentence than the abuser. Secondly, that the mother has actively tried to become a better mother while in prison should mitigate in favor of leniency at this point.
Third, nine years in prison is a very long time for this type of crime. There are guys convicted of rape and sodomy and assault with a deadly weapon and robbery that don't do nine years in prison.
I believe a great injustice has been done here, and this woman should be released from prison, not on parole, but released for good.
The question has been asked, why didn't the abusive boyfriend get charged for abusing Ms. Hall? Probably because there was no evidence of abuse against her at the time the accusation against him was made. Had there been mental abuse against Hall, there would be no criminal prosecution. Had the abuse been a documented case of physical abuse, he should have been prosecuted for that.
Sources for more information:
http://www.buzzfeed.com/alexcampbell/these-six-people-will-decide-whether-a-battered-woman-walks#.dfl8Epa4Q2
http://www.buzzfeed.com/alexcampbell/how-the-law-turns-battered-women-into-criminals#.udYwLK5Qpd
https://www.documentcloud.org/documents/1277580-lindley-sentencing-transcript.html#document/p159
https://www.documentcloud.org/documents/1355282-tondalo-hall-commutation-application.html
http://www.huffingtonpost.com/2014/11/17/tondalo-hall-ultraviolet_n_6174076.html
https://s3.amazonaws.com/buzzfeed-media/Images/2014/09/buzzfeednews_failuretoprotectlaws.pdf
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| Photo Source: Buzzfeed Courtesy Oklahoma Department of Corrections |
Hall plead guilty to enabling child abuse in 2006. She has not applied for a full pardon, but rather a commutation. That would release her, but not absolve her from the crime. In her application she expressed her remorse, but that she was stuck in an abusive relationship and she thought that alerting the police would make it worse. Since she has been in prison, she has completed her GED, taken parenting classes, kept a job in the laundry department, and continues to write letters to her children.
There was a petition sent to the Oklahoma Pardon and Parole Board by a woman's rights group explaining the injustice in Hall's case and it has received over 70,000 signatures. Her case is going to be under review of a panel of five parole board members, then if the board approves, it goes to Governor Mary Fallin. For Hall's commutation to be accepted, it must first pass the initial board vote for the case to granted further consideration. If the board votes no, she will be serving at least 15 more years with the possibility of parole.
If the board agrees to hear her case, she will be able to give personal testimony, and people for or against her case will allowed to testify as well. Then the board has three options for Hall. They could keep her in prison for her full sentence, shorten her sentence, or set her free immediately. If they choose to set her free or shorten her sentence, her case will be reviewed by Governor Fallin.
Some people do believe that she deserves the prison sentence she was given and that she should finish her out her sentence in prison. At Hall's sentencing hearing, the prosecutor Angela Marsee said that Hall's children were in pain because of what she didn't do, and Hall should pay for that.
Hall is among a group of women who have been sentenced more than 10 years for failing to protect their children from abusive partners. In an investigation done by BuzzFeed News, they found 28 cases where each woman had been physically abused by their partners, and they got a sentence greater than 10 years. In three of these cases, the woman received a longer sentence than the man who abused the child.
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| Graphic Source: Buzzfeed |
Comments from Allen: I hope she gets out. It is inexcusable that the one who actually did the harm got only 2 years in prison, which the mother who failed to stop the abuser got 30 years. I suspect the mother and the abuser were sentenced by two different judges, and neither considered the sentence the other was giving.
Unquestionably, the mother should not get a longer sentence than the abuser. Secondly, that the mother has actively tried to become a better mother while in prison should mitigate in favor of leniency at this point.
Third, nine years in prison is a very long time for this type of crime. There are guys convicted of rape and sodomy and assault with a deadly weapon and robbery that don't do nine years in prison.
I believe a great injustice has been done here, and this woman should be released from prison, not on parole, but released for good.
The question has been asked, why didn't the abusive boyfriend get charged for abusing Ms. Hall? Probably because there was no evidence of abuse against her at the time the accusation against him was made. Had there been mental abuse against Hall, there would be no criminal prosecution. Had the abuse been a documented case of physical abuse, he should have been prosecuted for that.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims. Allen Browning can also help with DUI, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
http://www.buzzfeed.com/alexcampbell/these-six-people-will-decide-whether-a-battered-woman-walks#.dfl8Epa4Q2
http://www.buzzfeed.com/alexcampbell/how-the-law-turns-battered-women-into-criminals#.udYwLK5Qpd
https://www.documentcloud.org/documents/1277580-lindley-sentencing-transcript.html#document/p159
https://www.documentcloud.org/documents/1355282-tondalo-hall-commutation-application.html
http://www.huffingtonpost.com/2014/11/17/tondalo-hall-ultraviolet_n_6174076.html
https://s3.amazonaws.com/buzzfeed-media/Images/2014/09/buzzfeednews_failuretoprotectlaws.pdf
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