Garrard Beeney, Recipient of the 2019 Law Firm Leadership Award

Each year, at our Annual Benefit, Sanctuary for Families celebrates individuals who have shown time and again, their commitment to ending gender-based violence. This year we are honoring Garrard R. Beeney, partner at Sullivan & Cromwell LLP, for his tireless efforts and pro bono counsel on behalf of Sanctuary’s clients.

Every year, at our Annual Benefit, Sanctuary for Families honors those who have made significant contributions to the movement to end gender-based violence. This year, we are thrilled to present the 2019 Law Firm Leadership Award to Garrard R. Beeney, partner at Sullivan & Cromwell LLP, for his tireless efforts and pro bono counsel on behalf of Sanctuary’s clients.

INTRODUCING GARRARD

Garrard is co-head of Sullivan & Cromwell’s Intellectual Property and Technology group. He is recognized as a leading lawyer for his counsel to clients on intellectual property, licensing transactions, and litigation matters around the world. He has handled patent and intellectual property matters before the U.S. Supreme Court, the International Trade Commission, the U.S. Patent Trademark Office, and federal district and appellate courts.

Beyond litigation, Garrard’s work includes an outstanding trajectory of public and social service. He served as deputy mayor of Irvington, New York, for over a decade, and has served on the board of several non-profits including Graham Windham, Mercado Global, and ProBono.net.  Garrard regularly represents clients in pro bono litigation, including a recent successful First Amendment trial and matters involving child adoptions in Arkansas and Nebraska in which he successfully argued issues before both State Supreme Courts.

Garrard holds a B.A. from Swarthmore College and a J.D. from the University of Pennsylvania’s Law School. He has taught various trial advocacy courses and served as a member of the faculties of the National Trial Skills Program of the National Institute for Trial Advocacy and the Cardozo School of Law.

PARTNERING TO END GENDER VIOLENCE

In a recent interview, Garrard spoke to Sanctuary about his pro bono work and overall involvement with the organization. He first learned about Sanctuary through his daughter Carola, a fellow Sanctuary supporter and former Pro Bono Specialist at Simpson Thacher. The two would often discuss strategy for the numerous Sanctuary cases that Carola’s outstanding team was taking on.

Inspired by our clients’ stories of survival, Garrard formally joined Sanctuary’s Legal Advisory Committee in 2016. Since that time, Garrard has become a strong ally in our work to end gender violence by supporting Sanctuary’s legal staff with expert litigation training and by taking on pro bono cases on behalf of Sanctuary clients.

Where does your commitment to Sanctuary’s mission stem from?

A lot of my pro bono activities have included voting rights and LGBTQ+ rights. To me, it’s about trying to help those that the system has neglected and whom others are trying to exploit. Sanctuary’s work certainly aligns with this objective– The organization uplifts the voices of survivors and those who have been left behind.

Another aspect that makes Sanctuary attractive for us, in terms of partnering with a non-profit organization, is that it has an enormous number of talented, passionate staff members and supporters  ̶  it’s the mission, it’s the people who are part of it, and it’s the voices that Sanctuary raises up that make this organization so appealing.

Is there a particular experience, throughout your work with Sanctuary, that has impacted you?

There are a few that really stand out. The first would be when I led a litigation training program for several Sanctuary attorneys. It was an incredibly impressive group of people. Through the course of talking about getting a case to trial, presenting a case to a judge or a jury, and trial strategy, I learned about their particular cases, the issues that they faced, and what they were trying to achieve. It was enormously educational.

I also had the pleasure of working on an appellate brief with some Sanctuary lawyers on a case involving an abused woman’s right to use a record she had created in trying to attain safety from her abusive spouse – something that was denied to her during the divorce proceedings. On another occasion, I had the opportunity to collaborate with Sanctuary in reuniting a sex trafficking survivor with her son, who had been kept in Mexico as retaliation by her trafficker.

These experiences really spoke to me and made me appreciate the organization and its members even more.

What are some of the biggest challenges we collectively face when addressing gender-based violence?

I think one of the biggest challenges is education. I remember reading a U.N. report that found that the most unsafe place for a woman is her home, yet there is still a widespread lack of understanding of the prevalence and impact of domestic violence.

I also think that we don’t provide fair access to the judicial process to those who have not been as fortunate as many of us. We deny survivors the resources they need – resources that are available but not afforded to them without the assistance of organizations like Sanctuary for Families.

We have to raise awareness in our communities about the effects of gender violence and the resources available to survivors. We also have to raise awareness about how individuals can take action and support organizations like Sanctuary for Families, whether that be through volunteering, providing pro bono services, or by making financial contributions We must all speak up when it comes to these issues.

The theme for this year’s Annual Benefit is #WeAreSanctuary. What does being a part of Sanctuary mean to you?

I think of #WeAreSanctuary in terms of belonging to a community that strives to improve the broader communities of which it is part. Through its work, Sanctuary goes beyond helping survivors – it makes our Sanctuary city better, and many New Yorkers prouder.

In a sense, we are all Sanctuary – not only clients, staff, and board members – because Sanctuary addresses one of the most basic forms of evil that affects all of us. Whether or not we are directly impacted by it, I think we all ought to live in a world free from all forms of gender-based violence and discrimination.

To purchase tickets to our 2019 Annual Benefit, click here.

On International Agunah Day, Sanctuary Stands with Jewish Orthodox Survivors

Learn about the plight of “chained women” and how you can support our work within the Jewish Orthodox Community.

On the eve of Purim, the Jewish Orthodox community observes Ta’anit Esther to commemorate the plea of Queen Esther – a Jewish woman who saved her people during their exile in the Persian Empire. Like many Jewish women today, Esther was trapped in a forced marriage to the king of Persia and spent years fearing her husband might kill her.

Today, Sanctuary joins advocates around the world to observe the International Day of the Agunah – a day marked yearly on the Fast of Esther to bring awareness to the plight of the modern-day agunah, or “chained woman” – and stands in solidarity with Jewish Orthodox women in New York and across the world who have suffered from get-refusal and are trapped in unwanted marriages.

According to Jewish law, a marriage can only be dissolved once the husband voluntarily grants a get, or religious divorce, to his wife – something many men refuse to do out of malice or to use as leverage when negotiating financial settlements and custody arrangements. Get-refusal is thus a form of domestic violence by which the husband asserts power and control to deny his wife the opportunity to separate and move on with her life. Orthodox Jewish women in these situations are called agunot, or chained women, for they are not allowed to remarry. For agunot, any new relationship they have is considered adultery, and their children will be considered illegitimate if conceived outside of marriage.

At Sanctuary, we recognize get-refusal as a form of gender violence that harms women, their children, and the wider Jewish Orthodox Community. In 2015, seeing that many women seeking help with civil and religious divorces had virtually nowhere to turn for help, we launched the Jewish Orthodox Matrimonial Project. In the years since, we have provided clinical and legal services, shelter, and economic empowerment to hundreds of Jewish Orthodox women and their children. Furthermore, we have actively engaged with rabbis, community leaders, and peer organizations, to build a network of advocates committed to raising awareness about domestic violence within the Jewish Orthodox community and protecting the rights and wellbeing of survivors.

Please consider demonstrating your solidarity this International Agunah Day by donating to Sanctuary’s Jewish Orthodox Matrimonial Project.

Voices from The Border

Sanctuary attorney Natali Soto writes about our legal team’s experience assisting asylum-seekers in Tijuana, Mexico, as the U.S. implemented new deterrence protocols.

Natali Soto is an Immigrant Justice Corps Fellow and an attorney in Sanctuary’s Immigration Intervention Project

In light of the current humanitarian crisis at the U.S.-Mexico border, my fellow Sanctuary immigration attorneys and I spent the first week of February working with asylum-seekers in Tijuana, Mexico. That same week, the U.S. rolled out its “Migrant Protection Protocol,” a policy which requires most asylum seekers who have passed their credible fear interviews to remain in Mexico, instead of the U.S., while they wait for a U.S. Immigration Judge to hear their asylum case.

Throughout our time in Tijuana, we met beautiful souls from all over the world – including Mexico, Guatemala, El Salvador, Honduras, Venezuela, Nicaragua, Haiti, Ghana, Cameroon, Sierra Leone, Guinea, Tajikistan, Chechnya, and Russia – who had fled gender violence and other forms of persecution and violence in their home countries. These migrants had traveled thousands of miles by plane, bus, boat, and by foot, driven by hopes of finding asylum in the U.S.  They endured unimaginable hardships throughout their dangerous journeys only to find out, upon their arrival at the U.S.- Mexico border, that they must “wait in line” for weeks, even months, before being allowed to present their asylum claim to a U.S. Immigration Officer.

Listen to our attorneys describe the circumstances that have forced survivors to flee their home countries and seek refuge in the U.S.

The Current State of the Asylum-Seeking Process

This line-keeping system is a direct outcome of the Trump Administration’s “metering” policy, implemented in November 2018, which limits the number of asylum seekers allowed to enter the US each day. The system, however, is anything but official. Rather than being run by Customs and Border Protection (CBP) or any other U.S. or Mexican government agency, the line is managed by migrants who have assumed a leadership role among their peers. Newly-arrived asylum seekers must provide their names and nationalities to these migrant leaders in order to be assigned a number that corresponds to their place in line, supposedly based on the order in which they arrive.

Every day, CBP settles on a seemingly-indiscriminate number of people to allow into the U.S. and notifies Mexican officials who, in turn, pass this information to migrant leaders. The leaders then call out certain migrants’ numbers to indicate that those individuals are now allowed to cross into the U.S. to kickstart the asylum-claim process. Because the U.S. is inconsistent in the number of asylum seekers they’ll accept on any given day, these migrants must show up every morning, with their children and all of their belongings. If they are not present when their number is called, they will have to either plead to keep their spot in line or sign-up for a new number and wait several more weeks.

Migrants whose numbers have been called are lined up, put into vans, driven across the border, and kept in detention centers until their credible fear interviews, where a CBP officer will assess their fear of return to their home country. Unfortunately, even passage of these credible fear interviews does not guarantee temporary safety in the U.S. – under the Migrant Protection Protocol, asylum seekers must meet an even higher “reasonable” fear standard by demonstrating they fear persecution both in their home countries and in Mexico. Unfortunately, many vulnerable individuals who “have not had time to gather evidence that would show their credibility,” or whose claims include trauma-related inconsistencies or omissions, will fail to meet this higher standard and be sent back Mexico to await the adjudication of their asylum case.

Watch Lori Adams, Director of Sanctuary’s Immigration Intervention Project, describe the situation at the U.S.-Mexico on the third day of implementation of the “Migrant Protection Protocol.” 

Our Work at the Border

Part of our duties as volunteer attorneys in Tijuana included delivering “Know Your Rights” presentations and meeting with migrants individually to provide them with legal counsel on their respective asylum cases. We also held last-minute credible fear interview prep sessions for migrants whose numbers had been called that morning. Although some migrants had anticipated the strenuous conditions they were about to face upon entering the U.S., others had reasonably assumed the worst of the asylum process was over. Had we not told them, the latter group would not have known that upon entering the U.S., they would be stripped of their extra layers of clothing and forced to await their credible fear interview in freezing holding cells for days at a time.

Listen to Sanctuary attorneys describe how they assisted migrants as they prepared to cross the border to deliver their credible-fear interviews — the first step for claiming asylum in the United States.

While conducting these last-minute interview prep sessions with migrants about to cross the border, my colleagues and I acted as “human shields” to provide privacy for those who needed to change into their warmest base layer. We also provided migrants with Sharpie markers so that they could write their loved ones’ phone numbers on their forearms, in the likely case that ICE would take away their possessions. We also encouraged parents to write their own names and dates of birth on the backs of their children’s shoulders in preparation for the tragic yet foreseeable case of ICE separating families upon crossing. Two young kids with whom I worked thought of these as “cool new tattoos” and showed them off to fellow migrants while their mother held back her tears fearing that these marks would not be enough to keep her children by her side.

Having to explain to families that they would most likely be separated at some point during the asylum claim process and that they would most likely be returned to Mexico while they await adjudication, was soul-crushing. When migrants learned about the new policies central to the current U.S. Immigration System, their hopefulness and excitement would immediately turn into anguish and disappointment, yet for many of them turning back was not an option. When you are fleeing for your life, not even a cruel system that is purposefully set in place to deter you from seeking asylum will dissuade you from pleading for safety.

Listen to our attorneys describe the anguish experienced by migrant families facing separation at the border.

My colleagues and I stayed in San Diego and crossed the border by foot twice a day since the people we were working with were in Tijuana. Throughout the week, I could not avoid thinking of the irony and privilege that underlined our back-and-forth crossings, during which we did as little as wave our U.S. passports to border officials. We were able to easily cross this arbitrary line only because we were born on the “right” side of it, while those who were born elsewhere and are fleeing for their lives were kept waiting for weeks for an opportunity to plead asylum in our country.

We hope that our experiences at the border can further shed light on what has become an undeniable reality – that our current immigration protocols are inhumane and deprive thousands of migrants of their basic human rights. These asylum seekers are fleeing domestic violence, gang violence, and government torture, among other types of unbearable persecution.  Sending them back to Mexico, even after they have passed their credible fear interviews, is a violation of due process. It also puts them at greater risk of harm, for many of them are still being followed by their persecutors and perpetrators.

As a nation founded under the principles of life, liberty, and the pursuit of happiness, we must embrace those who are most vulnerable, not turn our backs on them.

Please consider donating to Sanctuary’s Immigration Intervention Project to support our work with immigrant survivors of gender violence.

Pa’ lante, mi gente.

Sanctuary’s Initiative works to reform Parole Hearing Process

On the morning of Jan. 21, 1993, Niki Rossakis shot and killed her severely abusive

On the morning of Jan. 21, 1993, Niki Rossakis shot and killed her severely abusive husband.  In 2017, after serving over twenty-five years and being denied parole three times despite an impeccable prison record, Niki was finally granted parole—and in the process helped to inspire a movement to help other incarcerated women and to reform the parole process itself.

In early 2017 Niki Rossakis, a Queens native who fatally shot her severely abusive husband in 1993, was scheduled for a new parole hearing after a state appellate court ruled, on November 10, 2016, that the parole board’s decision denying her parole for a third time was “so irrational as to border on impropriety and [was] therefore arbitrarily and capriciously rendered.”  Others may not have taken a second glance at this appellate victory, but to Sanctuary Legal Center Director, Dorchen Leidholdt, and Weil Gotshal Senior Counsel, Richard Rothman, the opinion and the new parole hearing for Niki carried the possibility of becoming monumental.

Niki Rossakis, 1996.

Niki’s husband, Gary Rossakis, had been severely physically and sexually abusive to her throughout their marriage. In 1993, despite being advised to refrain from sex while she was healing from a medical procedure, Niki’s husband sexually assaulted her and threatened to rape her. Convinced that he was going to kill her, Niki shot and killed her husband with one of the many guns he possessed – guns that he had used to threaten her in the past. Niki was convicted of murder in the second degree and sentenced to 24 years to life. On appeal the sentence was reduced to 15 years to life.

During her time in prison, Niki proved that she was worthy of parole. She completed two associate degrees and multiple rehabilitative programs, obtained intensive trauma-informed therapy, received offers of a job and housing upon release, and achieved the best possible score on her COMPAS Evaluation – which tests one’s inclination to resort to violence, substance abuse, and/or criminal behavior. Even after accomplishing so much, however, Niki was denied parole on three separate occasions in 2009, 2011, and 2013. Each time the parole board asserted that Niki failed to articulate remorse because of her continued assertions that she was a victim of domestic violence. Niki’s hopes of parole seemed to diminish with every passing year.

“THE INITIATIVE”

Help finally arrived in 2016 when Dorchen Leidholdt, Legal Director at Sanctuary for Families, and Richard Rothman, Senior Counsel at Weil Gotshal and Manges LLP, became interested in the case and offered to represent Niki at her next parole hearing. When asked how he became involved, Richard Rothman said it was simply a matter of wanting to help:

“I first heard about Niki Rossakis from Dorchen Leidholdt, who I believe had learned about Niki from the co-chair of Sanctuary’s PBC.  Dorchen called to ask her if she needed representation after having been denied parole three times, and then travelled to the Taconic prison in Bedford, New York, to meet with Niki on a Saturday. Dorchen asked me if I could work on the case with her, and I jumped at the opportunity.”

Earlier that year, an Article 78 petition seeking a new parole hearing had been filed on Niki’s behalf, which Judge Alice Schlesinger approved. In January 2017, with the pro bono representation of Sanctuary and Weil Gotshal, the Parole Board finally granted parole to Niki after more than twenty years in prison. Inspired by their success, Leidholdt and Rothman founded the Initiative for Incarcerated Survivors of Gender Violence with the hopes of improving the parole system for survivors of gender violence.

Dorchen Leidholdt (left), Niki Rossakis (center) and Richrd Rothman (right) at the 2017 Abely Awards.

The Initiative for Incarcerated Survivors of Gender Violence (“the Initiative”) is a collaboration among legal and social services organizations, law firms, advocacy groups, former judges, formerly incarcerated survivors, and other individuals committed to assisting survivors of gender violence currently serving prison time in New York State.

“As a leading advocate and service provider for victims of gender-based violence, Sanctuary is proud to be a founding member and co-chair of the Initiative, and excited to be involved in this critical work.”

Since its founding in 2017, the Initiative has grown into a multi-faceted program, while maintaining its devotion to incarcerated survivors. The Initiative works to achieve three main goals:

(i) To provide representation in matters relating to parole; (ii) Engage in advocacy to improve the justice system’s approach to parole release decisions for incarcerated survivors; and (iii) To provide education and training on issues of gender-based violence for those involved in parole and clemency decision-making. These three main pillars are designed to help survivors like Niki Rossakis get the legal counsel and parole preparation that is needed before their hearings.

WHY IT ALL MATTERS

Although it may seem as though Niki’s case is highly individualized, the reality of the matter is that most incarcerated women have been subjected to physical and sexual abuse during childhood or adulthood.[1] As victims of gender violence, but also as perpetrators of violent crimes, they face a complicated and often misunderstood battle in seeking parole. More times than not, the parole board does not grant parole due to a variety of reasons, which include failure to admit remorse and responsibility, need for rehabilitation, and chances of recidivism. As was illustrated in Niki’s case, the parole board tends to misconstrue identification as a victim as the opposite of remorse. This becomes especially problematic once factors such as the prevalence of PTSD among survivors are introduced. Such realities make gender violence survivors a unique subset of the prison population for whom special assistance, like the Initiative, is essential.

Incarcerated women at the Taconic Facility.

Currently, the Initiative relies on pro bono legal services, which are provided by Davis Polk, Latham & Watkins, Paul Weiss, and Weil Gotshal. Representatives from each of the firms partner with members of the Initiative, who train and mentor the attorneys. Because there is no right to counsel for parole applicants, many individuals eligible for parole prepare for their interview on their own, which, unfortunately, becomes a scary, overwhelming, and sadly unsuccessful endeavor. In order to mitigate this issue, and assist with the training of volunteers and attorneys of the Initiative, Sanctuary has created a Parole Training Manual and a complementary Resource Library, both of which aim to increase awareness and knowledge for the incarcerated subjects of gender violence.

ADVOCACY

In addition to creating change through legal representation, Sanctuary is also working on behalf of incarcerated survivors of gender-based violence by meeting with those involved in the parole and clemency decision-making process. This includes recent meetings with Alphonso David, the Governor’s Counsel, and Tina Stanford, Chairwoman of the Board of Parole, as well as an upcoming training for all of the Parole Board Commissioners. These meetings have resulted in positive outcomes, including expressions of interest and excitement about working with us. We look forward to continuing to partner together with individuals in the Governor’s office and within the Department of Corrections and Community Supervision on matters of parole and clemency.

MAKING IN-ROADS AT TACONIC CORRECTIONAL FACILITY

Exterior of Bedford Hills Correctional Facility.

Lastly, Initiative volunteers have reached out to Taconic Correctional Facility to assist in identifying potential clients as well as allowing us to provide parole preparation and gender-based violence training. According to Sanctuary staff and member of the Initiative, meetings with the superintendent at Taconic have gone well. According to Nicole Fidler, Director of Sanctuary’s Pro Bono Program,

“We are very fortunate to have the support of Taconic Correctional Facility’s new Superintendent, Tanya Mitchell-Voyd.  She has met with us twice and has encouraged us to engage with both the staff at Taconic and with the women incarcerated at Taconic.  Building partnerships with Correctional Facilities in New York is critical to our ability to effectively serve incarcerated survivors.”

Leidholdt and Sanctuary Clinical Director and Initiative member Laura Fernandez recently conducted a training on gender-based violence for staff at Taconic Correctional Facility.  The Initiative hopes to continue partnering with Taconic to conduct trainings and outreach.

Although there is still a long road ahead, we are confident that our work will soon produce tangible change in not only the parole hearing process, but the lives of those who are have been affected by this complicated and dated process.

[1] In one study of women incarcerated in Bedford Hills Correctional Facility, it was found that 82% had been severely physically or sexually abused as children and 93% of women convicted of killing sexual intimates – current or former husbands, boyfriends or girlfriends – had been physically or sexually abused by an intimate.