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*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.