Nine Years Early: Ms. H’s Release Through Covington’s Creative Advocacy

Nyla Samee

On September 11, 2025, Ms. H walked free — nine years before the completion of her sentence. For the advocates who stood beside her, it was a powerful affirmation of what is possible when the legal system is asked, not just to punish, but to reckon honestly with trauma, coercion, and survival.

Every year, Sanctuary for Families’ Pro Bono Project collaborates with talented and deeply committed pro bono attorneys. Through our Pro Bono Spotlight, we are proud to showcase the impactful work these attorneys carry out on behalf of Sanctuary’s clients.

*Please note that this blog contains descriptions of abuse that could be triggering*

On September 11, 2025, Ms. H walked free — nine years before the completion of her sentence. For her family, it marked the end of a long and uncertain chapter. For Ms. H, it was the first true chance in decades to begin again. And for the advocates who stood beside her, it was a powerful affirmation of what is possible when the legal system is asked, not just to punish, but to reckon honestly with trauma, coercion, and survival.

Ms. H’s release was not inevitable. It was hard-fought. It required creativity, persistence, and an unwavering belief that survivors of domestic violence should not spend decades incarcerated for crimes rooted in abuse. Ms. H’s case stands as a profound reminder that justice is not static, and that with the right advocacy, even seemingly immovable sentences can be undone.

Building Ms. H’s Team

Sanctuary for Families’ (Sanctuary) Incarcerated Gender Violence Survivors Initiative (IGVSI) began working with Ms. H in 2021, when Kate Mogulescu, Legal & Policy Director of the Survivors Justice Project, introduced IGVSI to her case. Kate remained involved throughout the representation, offering invaluable strategic insight and guidance.

Shortly thereafter, an outstanding pro bono team at Covington & Burling LLP partnered with IGVSI in representing Ms. H. The team included Kristen Mace, Partner; Michael E. Cunniff, Associate; Qijia “Janna” Yu, Associate; Anna Venguer Benrey, Associate; Stephanie Turrentine, Associate; Ryan Partelow, Associate; Braden Fain, Associate; Katherine Onyshko, Former Associate; and Tyler Holbrook, Former Associate.

At the time the team took on her case, Ms. H was serving a draconian 18-year sentence for two non-violent drug offenses and was incarcerated at Bedford Hills Correctional Facility in Westchester County.

Ms. H’s History and Sentence

Ms. H is a devoted mother whose life has been shaped by years of violence and instability, beginning with extreme domestic violence in her childhood home. As a child, she witnessed her stepfather’s severe violence against her mother and was sexually abused by one of his friends.

As an adult, Ms. H became trapped in a series of abusive relationships in which she was strangled, raped, and physically assaulted. Her abusers forced her into using and selling drugs, threatening further violence if she resisted. Drug dealers exploited her addiction and coerced her into sex, sometimes under threats to harm her children and family.

These cycles of abuse led directly to Ms. H’s crimes of conviction. In 2014, she pleaded guilty to two non-violent drug charges and was admitted into a Judicial Diversion Program requiring inpatient treatment. When she violated program rules (driven by fear, addiction and trauma) the court sentenced her to two nine-year prison terms. Although those sentences would ordinarily have run concurrently for a total of nine years, a subsequent jail rule violation led the court to impose the sentences consecutively, effectively doubling Ms. H’s punishment to 18 years.

A Survivor Left Out of the DVSJA

When New York enacted the Domestic Violence Survivors Justice Act (DVSJA) in 2019, it represented a groundbreaking recognition that survivors’ histories of abuse and trauma must be meaningfully considered at sentencing. In the years since, the DVSJA has given dozens of survivors a second chance by reducing unjustly long prison terms.

Ms. H should have been one of them. But due to an apparent oversight in the statute, the DVSJA does not apply to her specific offenses – even though her case fell squarely within the spirit of the statute.

As Janna reflected,

“What struck us most was the depth and duration of abuse Ms. H endured, and how thoroughly it shaped every aspect of her life and decision-making long before her conviction. The criminal legal system had never fully accounted for the cumulative impact of that trauma.”

An Outside the Box Legal Strategy

When it became clear that Ms. H was categorically excluded from relief under the DVSJA, her legal team refused to accept that exclusion as the final word. The law’s intent was unmistakable: survivors’ experiences of abuse matter, and punishment must be appropriate. That Ms. H was left out due to a gap in the statute did not make her sentence just, but the injustice more glaring.

Rather than walking away, the Covington team pursued an unconventional path forward. Working in close partnership with IGVSI, they petitioned the local District Attorney’s Office to look beyond rigid eligibility lines and confront the reality of Ms. H’s life: years of extreme abuse, coercion, addiction imposed by violence, and a sentence that bore no relationship to culpability.

Michael described the challenge candidly:

“There’s no procedure to follow. We had to make judgment calls at every step of the process. Coloring outside those lines challenged us to be the best advocates possible.”

The advocacy was deeply human. The written submission to the District Attorney’s (DA) Office included letters from both Covington and Sanctuary detailing Ms. H’s history of abuse, years of sobriety, and the strong family and community awaiting her upon release. The submission also traced the legislative intent of the DVSJA and explained why Ms. H’s exclusion from the statute was likely the result of oversight rather than design. To bring her story fully to life, the team included a short video with interviews from Ms. H’s family members, along with letters and photographs submitted in support of her release.

Throughout the process, collaboration was essential. Sanctuary worked closely with Covington and Ms. H to develop a comprehensive reentry plan, address concerns about recidivism, and secure letters of support from partner organizations who would assist Ms. H upon release.

After months of dialogue, creative and compassionate lawyering, and reflection, the DA’s office agreed that Ms. H deserved relief and joined Covington’s motion for resentencing. On June 9, 2025, the parties filed a joint motion pursuant to New York Criminal Procedure Law § 440.20.

Three months later, on September 11, 2025, the court resentenced Ms. H to concurrent nine-year terms, paving the way for her immediate release.

Assistance Beyond the Courtroom

Throughout the pendency of the case, Ms. H’s legal advocacy was supported by coordinated reentry planning to help ensure a stable foundation upon release. Working alongside Covington’s resentencing efforts, Sanctuary developed a comprehensive reentry plan that included referrals to transitional housing through its partnership with Jennifer House in Rochester and connections to trauma-informed services through Renewal House in St. Lawrence County. Ultimately, Ms. H chose to reunite with and live with her family following her release. She has also been referred to the job readiness track of Sanctuary’s Economic Empowerment Program, where staff are now working with her to develop a plan for employment and long-term stability – ensuring that the extraordinary legal victory achieved by Covington was matched by meaningful opportunities for Ms. H’s successful reentry.

A Life-Changing Result

Since her release, Ms. H has reunited with her family and is steadily working toward rebuilding her life – time she should never have lost, but is now reclaiming with strength and determination.

For her legal team, the moment of freedom was unforgettable. As Janna shared, “When Ms. H’s family let us know that they were en route to pick up Ms. H after her release from prison, it cemented the belief that gender violence survivors and their families deserve another chance to rebuild their life.” Michael echoed that sentiment, recalling that “everyone who met her wanted to fight for her.”

“The Covington team did outstanding work on this case. Their powerful advocacy and creative problem-solving won this client years of her life back. And their legal work was guided by patience and empathy at every step. The partnership between Covington and IGVSI was a true success.”

– Ross Kramer, Director, Sanctuary’s Incarcerated Gender Violence Survivors Initiative

Ms. H’s freedom is more than a legal victory. It is proof that when survivor-centered advocacy, creative lawyering, and collaboration come together, justice can move, sometimes dramatically, toward humanity.

If you would like to discuss ways in which your law firm, in-house legal department, or law school can partner with Sanctuary to provide pro bono legal services to our clients, please contact Nicole Fidler, Pro Bono Director at nfidler@sffny.org.

Akerman Honored for Transformative Support in Shelter Renovation

Tushna Gamadia

At this year’s Above & Beyond Awards, Sanctuary for Families is pleased to honor Steven Polivy of Akerman LLP for his dedicated work in securing bond financing to renovate Sarah Burke House (SBH) – Sanctuary’s transitional shelter for survivors of domestic violence and their families.

At this year’s Above & Beyond Awards, Sanctuary for Families is pleased to honor Steven Polivy, Chair of the Economic Development and Incentives Practice at Akerman LLP, for his dedicated and compassionate work in securing bond financing to renovate Sarah Burke House (SBH) – Sanctuary’s transitional shelter for survivors of domestic violence and their families. His efforts will help hundreds of survivors rebuild their lives in safety, healing, and hope.

Sarah Burke House is New York’s first and largest transitional shelter for survivors of domestic violence and their families. Sanctuary’s shelter team works closely with families who enter SBH after leaving a domestic violence crisis shelter to help them find affordable housing, meet their legal and mental health needs, and plan for the future. The shelter is in a building that is over 100 years old and in need of critical renovations so that it can continue to provide shelter and security to survivor families. Sanctuary needed legal counsel to help us secure the financing necessary to begin renovations, which is where Steven stepped in to assist.

Steven Polivy is a partner in Akerman’s real estate group and the chair of Akerman’s Economic Development and Incentives Practice, with over four decades of experience working on municipal bond financing and with nonprofits and charitable organizations in connection with their financing needs. Steven worked closely with Svati Kania, Sanctuary’s General Counsel, Lisa Radcliffe, Sanctuary’s Chief Financial and Operating Officer, the Hon. Judy Harris Kluger, Sanctuary’s Chief Executive Officer, and Sanctuary’s Board of Directors to obtain tax-exempt financing through Build NYC Resource Corporation, a New York City agency, to secure the funds to renovate SBH, with the assistance of the dedicated teams from the bond firm, D.A. Davidson and the bankers at Webster Bank that made the financing possible. This was a complex financing since it required coordination with multiple public and private parties and a large number of documents, obtaining the New York Attorney General’s approval, and the use of an innovative structure to maintain the confidential location of SBH in the transaction documents for the safety of its residents.

Steven seamlessly guided Sanctuary to a successful bond financing using his vast knowledge and experience reviewing and negotiating transaction documents, providing strategic advice, and managing relationships with the lender, New York City agencies and New York State Attorney General’s office. The transaction started in 2024 and closed in July 2025. The structure of the deal changed completely during the course of the transaction. Through it all, Steven remained committed to the project, devoting countless hours, including over weekends, to reviewing and negotiating the documents, answering questions for the Sanctuary team, and attending Board meetings, often with very little advance notice. As Svati noted, had Steven charged Sanctuary for his services, his fees would have amounted to hundreds of thousands of dollars. Yet Steven consistently prioritized Sanctuary even though he was dedicating his time at no cost.

In turn, Steven was impressed by how willing the various participants in the transaction, including the Attorney General’s office, the City of New York, and the lender were to accommodate Sanctuary’s needs and help facilitate the transaction within the parameters of the applicable legal requirements in order to continue Sanctuary’s services on behalf of its clients. Inspired by Sanctuary’s work, Steven intends to continue to be involved with this project and other pro bono work with Sanctuary.

Steven has been the picture of calm and confident competence, kindness, and grace throughout this challenging transaction. The renovation of SBH would not be possible without Steven’s steady guidance and collaboration with Sanctuary’s leadership and Board.

We thank Steven and are pleased to honor him for his dedication and generosity in assisting Sanctuary accomplish a goal that is central to the services it provides to our community. As Svati noted, “Steven’s work is geared not to help just one single survivor, but instead, it helps hundreds of survivors and family members find safety and healing. Without his help, Sanctuary for Families could not have continued to provide a safe haven for clients who call Sarah Burke House their home, and those who will do so in the coming years.”

Join us at our Above & Beyond Awards Ceremony on October 21, 2025, as we honor Akerman’s outstanding pro bono work.

PURCHASE TICKETS

If your firm is interested in a sponsorship opportunity, please reach out to Geny Kimbrell, Director of Special Events, by email at gkimbrell@sffny.org.

Tushna Gamadia is a partner in the Real Estate Group at Morrison & Foerster LLP, works with Sanctuary clients on pro bono cases, and is a member of Sanctuary’s Pro Bono Council.

Glenn Agre Secures Asylum for Gender-Nonconforming Survivor Ahead of Policy Shift

Charlotte Boegel

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor a team from Glenn Agre for their outstanding pro bono advocacy on behalf of a gender-nonconforming survivor from Jamaica.

At this year’s Above & Beyond Awards, Sanctuary for Families is proud to honor an extraordinary team from Glenn Agre, Partner Olga Lucia Fuentes-Skinner, Associates Samantha Bennett and Colleen Pisasentin, Business Development and Marketing Assistant Lisa Balbin, and former Associate Eric Wang, for their outstanding pro bono advocacy on behalf of a gender-nonconforming survivor from Jamaica.

Just four days before the 2025 presidential inauguration – amid fears of a dramatic shift in immigration policy – the Glenn Agre team achieved a life-changing victory: securing asylum for their client, KB, in a mere 30-minute hearing. The team’s quick, coordinated response showcased their dedication and compassion that define Sanctuary’s Above & Beyond honorees.

When the team took on KB’s case in August 2024, they knew time was not on their side. KB, a young survivor who had faced threats, violence, and eviction in Jamaica because of their gender identity, needed urgent protection. Drawing on their litigation expertise, the team quickly learned the nuances of asylum law and built a case that captured both the legal and human dimensions.

“We were conscious of how much was riding on every deadline,” recalled Samantha. “Our everyday work is in the commercial disputes – but here, you’re entrusted with someone’s story and safety. That changes everything.”

The Glenn Agre attorneys worked tirelessly to prepare filings, meet accelerated deadlines, and ensure their client was emotionally ready to share their story. Just one day before the hearing, they learned that what was meant to be a full-day proceeding had been shortened to only 30 minutes. The team immediately restructured their presentation, condensing six months of preparation into a concise yet powerful argument. Their efforts paid off. The judge granted asylum on the spot, and ICE waived its right to appeal – a rare and remarkable outcome.

For the team, success meant more than a favorable ruling; it meant earning KB’s trust and honoring his truth. “Empathizing with a client while knowing you can never fully understand what they’ve endured is humbling,” said Colleen. “You’re trying to capture someone’s experience and identity in legal terms that often can’t keep pace with how fluid and personal those realities are.” Lisa added that the emotional weight of the case demanded both empathy and focus: “Reading through the brief was tough – but you compartmentalize to reach the end goal. The scariest part is not knowing if the law will see your client’s humanity the way you do.”

Since the asylum grant, Glenn Agre’s team has continued to assist KB in the United States – filing for a refugee travel document and preparing a green card application. Their work not only secured KB’s safety but also affirmed his right to live authentically. As Samantha reflected, “Seeing our client’s relief in that moment reminded us that even when the law feels heavy and antiquated, there are still moments of profound hope – and people whose lives truly change because of what we do.”

Join us at our Above & Beyond Awards Ceremony on October 21, 2025, as we honor Glenn Agre’s outstanding pro bono work.

PURCHASE TICKETS

If your firm is interested in a sponsorship opportunity, please reach out to Geny Kimbrell, Director of Special Events, by email at gkimbrell@sffny.org.

Charlotte Boegel is a Litigation Paralegal at Phillips & Associates and an active member of the Pro Bono Council for Sanctuary for Families.

Kasowitz Secures Custody Modification for Survivor of Gender-Based Violence

Suzy Yaster

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor a team from Kasowitz LLP for their tremendous work and dedication in representing “Ms. T” in a set of Family Court, Matrimonial, and Civil cases. 

At this year’s Above & Beyond Awards, Sanctuary for Families is thrilled to honor a team from Kasowitz LLP for their tremendous work and dedication in representing “Ms. T” in a set of Family Court, Matrimonial, and Civil cases.  The outstanding team included Partner Cindy Caranella Kelly, and Associates Dexin Deng and Emily A. Lowe.

For over two decades, Ms. T was the victim of extensive economic, emotional and physical abuse by her husband.  Despite these immense challenges, she single-handedly supported her family, using the money she earned to buy a home and providing a loving and supportive environment for her three children.  As the abuse escalated, her husband not only subjected her to severe violence and threats but also attempted to strip her of her interests in the home by selling it at far below market value to his family member. That family member then brought a housing court case against Ms. T in an effort to remove her from the property. Additionally, Ms. T’s husband filed a Family Court action alleging she had violated visitation requirements under their custody order, while Ms. T sought an Order of Protection against him due to the ongoing abuse.

Because her husband had attempted to transfer ownership of her home to his family member, there was no straightforward path to protect her rights. The team crafted a creative, multi-pronged legal strategy, pursuing both matrimonial and civil claims to ensure that Ms. T’s interests would be fully represented.

From the outset, the legal team meticulously prepared as the multiple different actions progressed, conducting thorough research, gathering evidence, and readying for trial. Their attention to detail and strategic planning proved especially critical when complicated discovery and procedural issues arose. Cindy Caranella Kelly, a Managing Partner at Kasowitz, commended team members Dexin Deng and Emily A. Lowe for their persistence and skill in navigating significant challenges throughout the years of their representation of Ms. T.

In addition to the team’s stellar legal work, what motivated Sanctuary for Families attorneys Lisa Vara and Lauren Patel to nominate the Kasowitz team for recognition was their trauma-informed lawyering.  The team adeptly managed multiple parallel proceedings with many moving parts and extensive detail, while also building a deep relationship of trust with Ms. T. Their empathy, transparency, and unwavering dedication allowed Ms. T to feel supported and confident, even in the face of daunting legal challenges and changing circumstances.

Ultimately, the Kasowitz team’s hard work and perseverance resulted in a highly favorable settlement. Ms. T will receive her rightful share of the equity in the home her husband had attempted to deny her. The team also participated in an inquest in June and is awaiting a final divorce judgment from Matrimonial Court, expected later this year. Sanctuary attorneys Lisa and Lauren nominated the Kasowitz team for their incredible work over many years, noting it is difficult to express the full depth of Ms. T’s gratitude to the Kasowitz team.  Kasowitz’s representation of Ms. T serves as a testament to the impact that a dedicated and compassionate legal team can have on the lives of those they represent.

Join us at our Above & Beyond Awards Ceremony on October 21, 2025, as we honor Kasowitz’s outstanding pro bono work.

PURCHASE TICKETS

If your firm is interested in a sponsorship opportunity, please reach out to Geny Kimbrell, Director of Special Events, by email at gkimbrell@sffny.org.

Suzy Yaster is a tax lawyer working in-house as a Tax Planning Manager at Warner Bros. Discovery.  Suzy is also a member of Sanctuary for Families’ Pro Bono Council and is a Co-Chair of this year’s Above & Beyond Pro Bono Awards Benefit.