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JUSTICE FOR BATTERED WOMEN
In 1987, Ollie Mae Johnson was convicted of murder when she fought back and killed her violent and abusive boyfriend. At trial, evidence showed that Ms. Johnson's boyfriend had severely abused her. However, no expert testimony was presented to explain the abuse's effect on Ms. Johnson's state of mind - an effect that later became known as Battered Women's Syndrome. Without this expert testimony, the jury heard no response to the damaging stereotypes about battered women offered by the prosecution, and as a result, convicted her of second-degree murder. Ms. Johnson was sentenced to 15 years to life.
In 1992, California enacted Evidence Code Section 1107, which explicitly made expert evidence about battering and its effects admissible in criminal trials. For many women - like Ms. Johnson - this change in the law came too late. Recognizing this, in 2001 additional legislation was passed allowing women convicted before 1992 to seek relief through a writ of habeas corpus.
Working with the Habeas Project, Heller Ehrman began representing Ms. Johnson in 2003 to assist her in filing a writ of habeas corpus, but we soon expanded our role to supporting her efforts to be paroled. At a May 2005 hearing before the California Parole Board, with Silicon Valley’s Alexander Lyon representing her, Ms. Johnson was approved for parole on the basis of her exemplary prison record of rehabilitation and service, together with expert reports confirming the role that domestic violence played in her offense. With the Governor's final approval at the end of September, Ollie Mae Johnson was released from prison after 18 years. She is now living in a transitional housing facility and has been reunited with her son, grandson and other family members. The Heller Ehrman team that worked on Ollie's case in addition to Alexander Lyon included San Francisco's Maya Solo, Todd Adler, Bob Borton and legal assistant, Kim White and former legal assistant, Claudia Hyslop.
