The Battered Women Defense. State v. Norma L.CR 1988‑000362‑B.
Jan 01, 1989OUTCOME: All charges dismissed.
The Battered Women Defense All charges against Mr. Gorman's innocent client dismissed. Norma Lopez was a Mexican National who spoke no English, worked in the fields of Arizona all day picking produce ... and at night cared for her five children and suffered systematic and daily abuse at the hands of her alcoholic husband. Norma's husband would regularly beat her, bring home other women in front of her and was intoxicated on a daily and nightly basis. Norma's husband Meltiton Lopez was charged with multiple counts of child abuse for sexually assaulting the Lopez's 14 year old daughter. The State in it's misguided zeal also charged Norma with multiple counts of child abuse for failing to report her husband. Mr. Gorman met Norma in the county jail. She was terrified. She had no idea why she was in jail, did not speak English and had no friends or family to help her. Mr. Gorman agreed to take the case. Norma advised she had no idea her husband was sexually assaulting her daughter. Her daughter never told her and she never witnessed anything. Mr. Gorman constructed a three prong defense. First, Norma was not guilty because she had no knowledge or reason to know her daughter was being assaulted. Second, Norma was a battered woman and even if she did know she was under her husband's domination and control and unable to assist her daughter. Third culturally, because Norma was a Mexican National she did not view the local police as a resource but as a threat and one to fear. Mr. Gorman secured the services of a battered women's expert and cultural expert. After extensive litigation all charges were dismissed. State v. Norma Lopez,
