Elizabeth New Jersey Violates Federal Law

"On October 29, 2010 I wrote a post titled "Murder in Progress: Elizabeth New Jersey." About a police officers wife whom found the courage after 13 years of abuse and threats on her life and that of her children's lives to press criminal charges against him. He is a commissioned police officer."

For the wife of any police officer whether they live in New Jersey, Chicago, Washington, Iowa, Florida or Kentucky, they all face a greater threat to their lives when they speak out as they end the relationship. On the post I wrote earlier I withheld the name of the victim. Tomorrow is the court date for this case. And the life of this officers wife and her 2 daughters is in grave danger.

Her name is Clara Colon. And, with good reason, she is in fear for her life. Earlier today Clara spoke with the prosecutor. She was informed that a plea deal has been reached and at 1:00 pm eastern time, on Friday January 14, 2011, Stafford Municipal Court in Judge Damin Murray's courtroom this case will not be tried. The officer will be charged with disorderly misconduct, pay a $500 court fine and go to anger management classes.

Clara Colon was allegedly told by the prosecutor that she was just a vindictive woman who is going through a divorce and you will not get anything and its all her fault.Then she asked Clara why she waited so long. Obviously, the prosecutor has little understanding, training or experience of the dangers involved as it relates to intimate partner violence and the legal system when your relationship involves a law enforcement officer.

The system in this case re-victimized and punished Clara Colon for pressing charges and asking the law to protect her. Suddenly a police report of facts has been replaced with a neat and tidy typed up report by fellow officers who are clearly not going to go up against the brotherhood of the badge. The assault and threats against her life with a weapon have been omitted from the "pretty report". In its place the word minor bruise on elbow. "He assaulted me, tried to kill me, but the brotherhood saved him."

There is still the investigation with the Internal Affairs Division in Elizabeth New Jersey but Clara said " what good is that, they are all his friends. And once he completes his "anger" classes if not before, his guns will be returned. "Hooray to the blue and the hell to the victim, your pain and suffering means nothing to the justice system. He will hunt me down and my daughters and murder us just like he has been threatening for over a decade."

No one changes overnight. "I want everyone to know, this man is a dangerous individual, that is being protected like the golden child by his supervisor/ brother who is a Lieutenant and others on the Elizabeth Police Department."

In real time we are seeing a dangerous pattern of conduct few officers wives survive. For women like my mother murdered by my police detective father she also echoed the exact same words. No one believed her while she was alive. They divorced after some 28 years of marriage. A few short months later, my father as do most abusive officers, made good on his promise.

So now what? Measures have been put in place for her safety since October and through the holidays, but it will not stop the bullet already marked with her name on it. There is no assistance for Clara or other women in her situation, we just wait and watch and ask why only after the tragedy.

But here is a question. Is Stafford Township in violation of a federal law? The Lautenberg Act says if you are convicted of a misdemeanor or a felony, you lose your job. Clara Colon's husband will plead guilty to a misdemeanor in court and yet he will retain his position as a sworn servant commissioned to serve and protect?

The Lautenberg Act:

In September of 1996, a federal law was passed which prohibits individuals -- including

police officers -- from owning or using a firearm if they have been convicted of a misdemeanor domestic violence offense (18 U.S.C. § 925). This bill, widely referred to as the Lautenberg Act, was passed as an amendment to the Omnibus Consolidated Appropriations Act of 1996. By modifying the Gun Control Act of 1968, the Lautenberg Act expanded existing federal law that only barred gun ownership from those convicted of a felony offense to include those convicted of a qualifying misdemeanor domestic violence offense. The offense does not need to be designated as domestic violence within state law, but is covered under the Lautenberg Act if it involves the use or attempted use of physical force or threat with a deadly weapon and is committed against:

• a current or former spouse,

• a past or present cohabiting partner,

• a person with whom the perpetrator has a child in common

• a person with whom the officer has or has had a dating relationship

(Individuals with a felony or misdemeanor conviction for domestic violence are ineligible

to own firearms or ammunition even if the offense occurred before the law was enacted.)

When is the justice system going to stop punishing victims of intimate violence? Where are her rights? An officer takes an oath to serve and protect, but their families are immune from receiving protection from the system when their lives are endanger.

Unfortunately, we will have to wait until after tomorrow's hearing to begin plan "B" in this case.

All anyone is asking is for the justice system to stop kicking the lives and safety of women and children whose abusers are in law enforcement, to the curb like trash on garbage day!

Susan Murphy Milano is with the Institute for Relational Harm Reduction and Public Pathology Education. She is an expert on intimate partner violence and homicide crimes. For more information visithttp://www.saferelationshipsmagazine.com/ She is the author of "Time's Up A Guide on How to Leave and SurviveAbusive and Stalking Relationships," available for purchase at the Institute, Amazon.com and wherever books are sold. Susan is the host of The Susan Murphy Milano Show, "Time's Up!" on Here Women Talkhttp://www.herewomentalk.com/and is a regular contributor to the nationally syndicated The Roth Show with Dr. Laurie Rothhttp://www.therothshow.com/