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California Bill Would Let Abuse Victims Use Trauma as Legal Defense for Violent Crime

SAN DIEGO VOICE & VIEWPOINT — SAN DIEGO VOICE & VIEWPOINT — Susan Bustamante, a 71-year-old formerly incarcerated woman, is advocating for a California bill that would permit survivors of human trafficking, intimate partner violence, or sexual violence to use their abuse as a legal defense when charged with violent crimes, excluding most murder cases.
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Susan Bustamante isn’t giving up.

The formerly incarcerated 71-year-old woman has repeatedly made the long trip from Orange County to Sacramento to urge lawmakers to pass legislation she believes would help her fellow domestic abuse victims facing criminal charges.

Each time, lawmakers seemed supportive — only to kill her bill in secret.

She hopes the fourth year in a row will be different.

Bustamante is again pushing for a measure, which police and prosecutors oppose, that would allow survivors of human trafficking and intimate partner or sexual violence to cite their abuse as a legal defense when facing charges for violent crimes, with the exception of most murder cases.

Those already convicted could also petition a judge to vacate their convictions. If the judge approves, their arrests and convictions would be treated as though they never happened. Their case files would be sealed and destroyed. Any fines and unpaid restitution to victims would be waived.

“I’m willing to fight for those who are not in the position that I am right now to be able to open my mouth and … fight for this,” she told CalMatters in an interview on Friday.

In 1987, Bustamante was sentenced to life in prison without the possibility of parole. Prosecutors alleged she hired her brother to kill her husband, Steven Bustamante, and helped dispose of his body for a $100,000 life insurance payout she split with her sibling.

Bustamante said she wasn’t allowed to tell jurors in her two-day trial about how her husband beat her and repeatedly threatened to kill her. She said she only asked her brother for help.

“The idea that he would kill Steven never occurred to me,” she told lawmakers last month. “Later, he called me to say that Steven was dead. He threatened to call the police and say I planned it. He blackmailed me for Steven’s insurance. I was afraid of having my daughters taken from me, so I gave in.”

Former California Gov. Jerry Brown commuted Bustamante’s sentence in 2017 after learning her story and reviewing her spotless prison record. Bustamante was freed the next year after three decades behind bars.

Bustamante said she would not qualify for her case to be vacated under the measure.

California law already allows defendants to cite abuse they experienced and call in expert witnesses who can explain how their suffering affected their behavior. Judges also can factor in a defendant’s history with human trafficking and domestic violence during sentencing. This bill takes it further by allowing them to cite their abuse as a legal defense when charged with a violent crime.

California law also allows those charged with or convicted of nonviolent offenses to petition courts for similar legal relief.

Appropriations committees kill bills

In the years since her release, Bustamante got involved with nonprofits that help people such as her navigate their past abuse and incarceration as they seek to reintegrate into life outside of prison.

Bustamante first testified before the Legislature about the bill’s need in 2023.

Since then, each year at least one of the Legislature’s two public safety committees approved similar legislation before an appropriations committee killed it.

Twice a year, the Legislature’s two appropriations committees meet to quickly and with no debate kill hundreds of bills.

As CalMatters has reported, powerful special-interest groups, the governor’s office, and state agencies secretly lobby the committees to kill bills. Legislative leaders also use the committees to kill politically touchy measures that lawmakers prefer not to go on record voting against in public hearings.

The Senate Appropriations Committee is expected to hear Oakland Democratic Assemblymember Mia Bonta’s abuse bill next month.

Riverside Democratic Sen. Sabrina Cervantes, the new chairperson of the Senate Appropriations Committee, declined to comment through a spokesperson.

Why DAs and police oppose

Law enforcement officials fear Bonta’s Assembly Bill 910 would allow violent criminals, including rapists, kidnappers and child molesters, to burden California’s backlogged judiciary system with a rash of petitions to vacate their convictions.

They say it’s an especially troubling example of how progressive Democrats keep trying to water down penalties for dangerous criminals, with little thought to their victims.

“To basically allow them to walk away from a violent crime in terms of accountability is just absurd policy,” said Greg Totten, a former Ventura County district attorney who heads the state’s DA association.

The witness stand of a courtroom at the San Diego Superior Court in downtown San Diego on Aug. 12, 2025. Credit: Photo by Adriana Heldiz, CalMatters
The witness stand of a courtroom at the San Diego Superior Court in downtown San Diego on Aug. 12, 2025. Credit: Photo by Adriana Heldiz, CalMatters

Totten noted that defendants already have the right to argue they were abused or trafficked during sentencing hearings.

Bonta didn’t return an interview request, but she told the Senate Public Safety Committee last month that “AB 910 is a second chance bill, a dignity bill.”

“Survivors should not spend their lives paying for abuse they endured,” she said.

At least 17 organizations, including ACLU California Action and the San Francisco Public Defender’s Office, support the bill, according to the CalMatters Digital Democracy database.

Supporters argue hardly anyone convicted of violent crimes actually would qualify under the proposed new law.

For the few who do, advocates say it would be much cheaper to allow abuse victims to reintegrate into society without their felony convictions being used against them as they look for jobs, housing and other support.

“If even one person is granted relief under this bill, it will pay for itself,” said Leigh LaChapelle, director of policy and advocacy at the Coalition to Abolish Slavery and Trafficking.

Based on reporting by San Diego Voice & Viewpoint.



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COMMENTARY: Jim Crow 2.0 at the Pentagon

BLACKPRESSUSA NEWSWIRE — The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.

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Photo: iStockphoto / NNPA.

Pete Hegseth insists that he is restoring “merit” to the United States military. But after months of dismissals, blocked promotions, and ideological purges, the evidence tells a different story. His campaign against so-called “diversity, equity, and inclusion” has become something far more dangerous: an assault on equal opportunity that falls with particular force on African Americans, while also targeting women, Latinos, gay Americans, and transgender service members.

The latest example is both troubling and infuriating.

Once again, Defense Secretary Pete Hegseth has reportedly blocked the promotion of an exceptionally qualified woman—Rear Admiral Amy Bauernschmidt. Bauernschmidt is no ordinary officer. She became the Navy’s first woman to command a nuclear-powered aircraft carrier, one of the most demanding leadership assignments in the world. Her career reflects decades of exemplary performance, operational excellence, and leadership under extraordinary pressure.

Yet once again, a distinguished military career appears to have been subordinated to an ideological agenda masquerading as “merit.”

I call BS!

The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.

The pattern has become impossible to ignore.

General Charles Q. Brown Jr., only the second African American to serve as Chairman of the Joint Chiefs of Staff, was dismissed despite a career that placed him among the most accomplished military leaders of his generation.

Admiral Lisa Franchetti, the first woman ever to serve as Chief of Naval Operations, was removed despite decades of distinguished command experience.

Reports have documented interventions that blocked or delayed the promotions of Black officers and women selected through the military’s rigorous promotion system.

Now Rear Admiral Amy Bauernschmidt joins the growing list of highly accomplished officers whose careers have been derailed for reasons that have never been persuasively explained.

Where is Congress?

Its silence has become deafening.

Congress has an independent constitutional responsibility to oversee the armed forces. Instead, too many lawmakers have watched silently while one of the nation’s most respected institutions is subjected to ideological litmus tests and political interference.

This is not military reform.  It is testosterone-fueled performative masculinity disguised as a philosophy of military excellence.

The irony is impossible to miss. Hegseth repeatedly invokes “merit,” yet his rhetoric begins with the assumption that Black officers, women, and other historically excluded Americans must somehow justify their achievements in ways that white male officers are rarely required to do.

That is not meritocracy.  It is prejudice wrapped in patriotic language.

No one is asking that anyone be promoted because of race or gender. Americans simply expect that promotions be based on demonstrated competence, leadership, integrity, and service. The officers being targeted have already proven themselves repeatedly under one of the world’s most demanding evaluation systems.

Their records speak for themselves.

The attack on African American military leadership has been especially pernicious.

For generations, Black Americans fought in segregated units, earned decorations while denied equal treatment, and repeatedly demonstrated loyalty to a nation that often failed to extend them full citizenship. They broke barriers not because standards were lowered but because excellence finally overcame institutional discrimination.

Today’s campaign against “diversity” threatens to revive old assumptions under new slogans.

The implication that Black generals and admirals somehow owe their success to affirmative action rather than extraordinary performance echoes some of the ugliest stereotypes of the Jim Crow era. Yesterday’s segregationists claimed Black Americans were inherently less qualified. Today’s culture warriors simply employ more politically acceptable language while inviting the same suspicion about Black achievement.

That is why Hegseth’s campaign increasingly resembles Jim Crow 2.0.

The targets may now wear stars on their shoulders instead of military patches on segregated uniforms, but the underlying message is hauntingly familiar: Black excellence is presumed suspect, while white excellence is presumed earned.

America’s military became the finest fighting force in history because it opened its doors to talent wherever it could be found. It grew stronger after President Truman desegregated the armed forces. It became stronger when women assumed greater command responsibilities. It became stronger when every qualified American was given the opportunity to serve to the fullest extent of their abilities.

Diversity is not a concession.  It is a strategic advantage.

The nation’s adversaries do not fear an American military because it is racially homogeneous. They fear it because it draws upon the talents of more than 340 million Americans whose diverse experiences, perspectives, and abilities make our armed forces unmatched anywhere in the world.

Every politically motivated dismissal of a distinguished officer sends a chilling message throughout the ranks: excellence alone may no longer be enough if you belong to the wrong demographic group.

That weakens morale.  It weakens recruitment.  It weakens retention.

And ultimately, it weakens national security.

Pete Hegseth has every right to pursue military readiness. He has no right to redefine merit in ways that repeatedly cast suspicion upon the accomplishments of Black officers, women, and others who have devoted their lives to defending this nation.

America deserves better.  The men and women who wear the uniform deserve better.  The Constitution deserves better.

And unless Congress finds the courage to exercise meaningful oversight, history may well remember this period not as a restoration of military excellence, but as the moment political ideology attempted to resurrect, in modern form, the old poison of exclusion.

Jim Crow did not strengthen America.  Jim Crow 2.0 will not strengthen America’s military.  It will only diminish it

Wade Henderson
Strategic Advisor
Civil and Human Rights
wade@wadejhenderson.com

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New Judge Could Decide if Karmelo Anthony Gets a New Trial

By Emilie St. John (Contributor) Karmelo Anthony will return to court next month in his first step to overturn his murder conviction. Anthony was found guilty last month in the stabbing death of Austin Metcalf and sentenced to 35 years in prison. His new legal team has filed motions seeking the recusal of State District […]
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By Emilie St. John
(Contributor)

Karmelo Anthony will return to court next month in his first step to overturn his murder conviction.

Anthony was found guilty last month in the stabbing death of Austin Metcalf and sentenced to 35 years in prison. His new legal team has filed motions seeking the recusal of State District Judge John Roach Jr. from overseeing the appeals process.

Two hearings have been scheduled on the motion for Aug. 9 and 10 in the Collin County Courthouse in McKinney, Texas, according to Fox4 News.

On July 14, Senior Judge Sid L. Harle of the 226th District Court was assigned to preside over the defense’s motion to recuse Collin County Judge John Roach. The assignment took effect immediately and authorized Harle to handle all matters related to the recusal request, the filing read. 

The Collin County District Attorney’s Office continues to defend its handling of the case by issuing a statement to NBC 5 DFW.

“The defendant’s new lawyers have filed a motion containing several inaccurate characterizations of the trial proceedings. The entire prosecution team and I conducted this trial ethically and in full compliance with the Court’s rulings and any agreements with defense counsel. We look forward to addressing these claims thoroughly in a Court of law in the coming weeks. The jury heard extensive evidence over the course of the trial and returned a unanimous verdict. We remain confident in that verdict and the fairness of the proceedings.” 

Anthony’s new legal team, made up of appellate, civil rights, and criminal defense attorneys, was retained following Anthony’s conviction.

“Our responsibility is to determine whether a legal error occurred and to ensure that every issue supported by the record is fully and vigorously presented on appeal,” the team said in a statement.

“We recognize the profound loss suffered by one young man’s family and the uncertainty facing another, and we extend our respect to everyone whose lives have been forever changed by these events,” the release reads.

Anthony was charged with the stabbing death of Austin Metcalf during a track meet in Frisco, Texas, April 2, 2025. Anthony has long maintained it was an act of self-defense.

The attorneys are representing Anthony pro bono. The nearly 200-page notice of appeal seeks a new trial because his Sixth Amendment right to a public trial was violated.

“The cumulative and practical effect of these provisions was to exclude members of the public from proceedings at every stage,” the filing reads. 

The filing also focused on an alleged “handshake deal” that kept Anthony from taking the stand in his defense.

The defense filing said the agreement was that the jury would not hear that Metcalf and his twin brother had been accused of racism and bullying in the past. In exchange, they also would not see Anthony’s cellphone records or his school disciplinary record, according to court documents reported by the Dallas Morning News.

Anthony’s former defense attorney, Mike Howard, said the defense relied heavily on that deal. The team chose not to ask certain questions of witnesses or call on a separate expert witness based on that agreement. It also abandoned plans to introduce testimony and evidence about the allegations against Metcalf and his brother.

Appellate attorney Russell Wilson is now handling post-trial proceedings and Anthony’s appeal.  He recently sat down for an interview, stating, “The court committed multiple errors during the June murder trial, preventing him from receiving a fair trial.”

“You know, we file motions that we expect to prevail on, but we understand that there’s two sides to every story. And at the end of the day, it’ll be a judge that has to make these decisions, but we feel confident in the positions that we’re taking,” Wilson said during an interview with WFAA. “There were substantial issues that we thought a reviewing court needed to look at. We thought these were constitutional irregularities, and we could have them addressed now. And so, we put them into a motion for a new trial.”

Bree West, a former Dallas County Assistant District Attorney, found it startling that so little time was given to Anthony’s team for such a serious “life or death” situation.

“I do think that it’s really challenging that potentially a court decided that you have 10 minutes to make that level of decision when it has the potential of being life-altering,” said West during an interview with Fox 4 News.

Judge Harle is no stranger to high-profile cases, having presided over the prosecution of a police officer charged in connection with the 2022 mass shooting at Robb Elementary School in Uvalde.   

Anthony was convicted on June 9 of the murder of Austin Metcalf and sentenced to 35 years in prison.

The post New Judge Could Decide if Karmelo Anthony Gets a New Trial appeared first on BlackPressUSA.

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COMMENTARY: LSMFT! Lord Save Me from Trump!

WESTSIDE GAZETTE — The author criticizes Donald Trump’s rhetoric, noting his use of terms like “Dumbocrats” and “Communist” to describe Democrats and democracy. The column asserts that Trump’s current strategy involves creating doubt about midterm elections due to a lack of Republican agenda.
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Frankly Speaking

Wow! Wow! Wow! The swamp drainers have truly stepped down to new levels of stupidity. You remember Weapons of Mass Destruction? We now have Weapons of Mass Distraction. Trump has introduced Dumbocrats and Communists into the conversation about Democrats and Democracy.

Trump lies so much, and his current strategy is to set up doubt about midterm elections because he and Republicans have no agenda!

He has no “Trump “ card, but Iran has a strait! He called it a skirmish; it’s now a War. He said five days; now it’s five months. He said few casualties; now it’s 18 deaths. He knew nothing about Project 2025 but hired its architects! Trump lies about the lies and often forgets these little inventions called cameras and phones

We see and hear and then see and hear the inconsistencies.

I didn’t like 45 and dislike 47 even more!

The post LSMFT! Lord Save Me From Trump! appeared first on The Westside Gazette.

Based on reporting by Westside Gazette.



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