{"id":6117,"date":"2022-02-03T17:36:44","date_gmt":"2022-02-03T17:36:44","guid":{"rendered":"http:\/\/9thstreetjournal.org\/?p=6117"},"modified":"2023-06-14T14:53:20","modified_gmt":"2023-06-14T14:53:20","slug":"prosecutor-spotlights-victims-needs-inside-and-outside-the-courtroom","status":"publish","type":"post","link":"https:\/\/9thstreetjournal.org\/2022\/02\/03\/prosecutor-spotlights-victims-needs-inside-and-outside-the-courtroom\/","title":{"rendered":"Prosecutor spotlights victims’ needs — in and out of court"},"content":{"rendered":"

Three years ago, Josh Sotomayor offered to mop the floors of the District Attorney’s office.\u00a0<\/span><\/p>\n

He had entered law school four years earlier with hopes of being a defense attorney. He graduated and realized he could better transform the criminal justice system from within.\u00a0<\/span><\/p>\n

Shortly after Sotomayor\u2019s graduation, Durham D.A. Satana Deberry assumed office and ushered in her platform of reform. Half her office turned over, positions opened up, and Sotomayor applied.\u00a0<\/span><\/p>\n

\u201cI\u2019ll mop the floor,\u201d he recalls telling Michelle Cofield, deputy chief of staff, during his interview. \u201cJust hire me.\u201d\u00a0<\/span><\/p>\n

In June 2019, Sotomayor was sworn in as a Durham Assistant District Attorney.\u00a0<\/span><\/p>\n

Under Deberry\u2019s leadership, Sotomayor, who handles domestic violence cases with the special victims team, is now part of the change he wanted to see in law school. But rethinking how to prosecute crime also means rethinking traditional approaches to caring for victims, inside and outside of the courtroom.\u00a0<\/span><\/p>\n

\u201cIf someone feels heard, and feels actually heard instead of just lip service, it really goes a lot further than you would expect,\u201d said Sotomayor, 30, who grew up in Charlotte. \u201cThey just want to feel that the [DA\u2019s] response is tailored to what their needs are.\u201d\u00a0<\/span><\/p>\n

* * *<\/span><\/p>\n

On a Wednesday afternoon in November between court sessions, a legal assistant knocks on the door of Sotomayor\u2019s office.\u00a0<\/span><\/p>\n

Sotomayor, the least experienced<\/span> felony prosecutor in the D.A\u2019s office, calls her in. The prosecutor sits behind his uncluttered desk in a white button-down shirt and a red, white, and blue striped tie. His dark hair is short, not quite a buzzcut, and he has a mustache, which sometimes looks out of place in contrast with his youth.\u00a0<\/span><\/p>\n

A red Solo cup, a pink water bottle, and an empty Red Bull can all stand in front of him. A card on his desk reads, \u201cBless this mess.\u201d\u00a0<\/span><\/p>\n

Her voice hints at panic as she hands him a Post-It and asks if he\u2019s familiar with a victim. Sotomayor repeats the name and his eyebrows furrow. In early September, the victim\u2019s boyfriend had broken down her door and strangled her.\u00a0<\/span><\/p>\n

The legal assistant frantically explains that the victim just called the front desk. The victim spoke so fast that the legal assistant didn\u2019t catch the defendant\u2019s name.\u00a0<\/span><\/p>\n

\u201cShe said that he\u2019s outside [her house],\u201d the legal assistant says, out of breath. \u201cWe told her to hang up and call 911.\u201d\u00a0<\/span><\/p>\n

Sotomayor turns to his computer, furiously typing into a database in search of the case and the defendant\u2019s name. His urgency is justified: women who have been strangled by an intimate partner are 750% more likely to be killed by the same person with a gun. Sotomayor\u2019s controlled demeanor doesn\u2019t break.\u00a0<\/span><\/p>\n

Sotomayor calls up a corporal at the Durham Police Department\u2019s Special Victims Unit and tells him what happened.\u00a0<\/span><\/p>\n

\u201cCan I send you the information and someone gets sent out over there?\u201d he asks. He hangs up and says nonchalantly to the room, \u201cOkay.\u201d\u00a0<\/span><\/p>\n

\u201cGood to go?\u201d the legal assistant asks. He nods and she exhales. The whole interaction<\/span> is over in seven minutes.\u00a0<\/span><\/p>\n

A large part of Sotomayor\u2019s job is exchanging information and updates on \u201congoing series of events that need attention\u201d with groups like the Durham Police Department, Legal Aid, the Family Justice Center and the Durham Crisis Response Center. He not only builds cases; he also makes sure the victim is safe and supported.\u00a0<\/span><\/p>\n

\u201cNot every prosecutor is going to be available to you all the time,\u201d said Jeff Whitson, a legal advocate for the Durham Crisis Response Center, who helps victims navigate the legal system.\u00a0<\/span><\/p>\n

But Sotomayor makes himself available. Some days, the phone calls start before he even gets to the office at 8 a.m. and continue through the night.\u00a0<\/span><\/p>\n

\u201cThe amount of information that is being generated is oftentimes a lot faster than anyone can keep up with,\u201d he said.\u00a0<\/span><\/p>\n

* * *<\/span><\/p>\n

Sotomayor is, inadvertently, drawn to messes. He can\u2019t explain it, except that he enjoys untangling intricacies and complex situations until justice finds its way out. Stalking and domestic violence cases are almost always messy.\u00a0<\/span><\/p>\n

A stalker might use a number of different methods on multiple instances over time. Sotomayor connects each instance to form one larger case, increasing efficiency for the court system and reducing stress for the victim.\u00a0\u00a0<\/span><\/p>\n

An assistant district attorney\u2019s interest and skill in finding the connections in these cases is rare, according to SVU team lead ADA Kendra Montgomery-Blinn.\u00a0<\/span><\/p>\n

\u201cWe\u2019ve started to consider [Sotomayor] a specialist,\u201d Montgomery-Blinn wrote in an email. \u201cLaw enforcement seeks him out in advance to consult during their investigations.\u201d\u00a0<\/span><\/p>\n

Victims of domestic violence often hesitate to speak to the DA\u2019s office, show up to court, or pursue a case. On average, victims of domestic violence will leave and return to an abusive relationship seven times before they make the decision to go for good.\u00a0<\/span><\/p>\n

\u201cWe let people know that just because you\u2019re not moving forward this time, we\u2019re not going to judge you if you come back to us,\u201d Sotomayor said. \u201cThe end goal is that when there is a problem and you are on that seventh time, you can trust us with what\u2019s going on.\u201d\u00a0<\/span><\/p>\n

To build that trust requires effort. It means listening to victims\u2019 traumatic experiences and connecting them with victim services. For those who want to pursue charges, Sotomayor guides them through a legal system that is not designed for victims. For those who don\u2019t want to move forward, building trust means accepting that choice, even if, to him, it doesn\u2019t seem like a safe move.\u00a0<\/span><\/p>\n

\u201cSometimes it seems like a fool\u2019s errand,\u201d Sotomayor said. But other times, the patience and relationship-building pay off.\u00a0<\/span><\/p>\n

In March 2021, a woman was adamant about not proceeding with a domestic violence case against her husband. She and Sotomayor talked for two hours before court one day, but she wouldn\u2019t budge.<\/span><\/p>\n

\u201cI don\u2019t get frustrated at this job often, but it would\u2019ve been easier to talk to a wall about it. She wasn\u2019t hearing it, which is fine, because I\u2019m not telling people how to react,\u201d he said. \u201cBut it was concerning.\u201d<\/span><\/p>\n

In the end, the case was dismissed at the victim\u2019s wish.\u00a0<\/span><\/p>\n

Several months ago, Sotomayor picked up a phone call and found her on the other end. She was calling to tell him that he was right. Her husband stopped abusing her for a month after the dismissal. Then he returned to his old ways.\u00a0<\/span><\/p>\n

Now, with the help of the Family Justice Center and Legal Aid, she is filing for divorce and custody of their children.\u00a0<\/span><\/p>\n

Whitson said victims whom Sotomayor worked with described him as very approachable. He pointed out that Sotomayor is always mindful of the kind of justice a victim seeks, including classes, conviction, plea or jail time for the defendant.\u00a0<\/span><\/p>\n

\u201cHe actually listened to what they had to say,\u201d Whitson said. \u201cAnd for the most part, respected their wishes. I can\u2019t remember a time when he completely went against a client\u2019s wishes.\u201d\u00a0<\/span><\/p>\n

* * *<\/span><\/p>\n

As Sotomayor describes getting lost in the D.A.\u2019s office on his first day, his phone rings. It\u2019s the corporal with an update. Durham police have arrived at the apartment complex of the woman who called earlier.\u00a0<\/span><\/p>\n

\u201c[The defendant\u2019s] sister lives across the hallway,\u201d he says after hanging up. He raises his eyebrows and pauses dramatically. \u201cAllegedly.\u201d\u00a0<\/span><\/p>\n

Sotomayor finds out that there is an existing no-contact order against the defendant by the victim, but the victim\u2019s apartment complex\u2019s address isn\u2019t listed on the order. It\u2019s unclear, then, if the defendant is violating the order by visiting his sister.<\/span><\/p>\n

* * *<\/span><\/p>\n

When Sotomayor started at the DA\u2019s office, he feared that he wouldn\u2019t be able to hack it \u2014 the domestic violence caseload, the secondary trauma.\u00a0<\/span><\/p>\n

\u201cYou\u2019re dealing with someone\u2019s worst day. Something tremendous has happened and tremendous in the worst possible sense,\u201d he said. \u201cHow is that going to go?\u201d\u00a0<\/span><\/p>\n

But on a wall in his office, under a triptych of Washington Crossing the Delaware that he bought on Amazon, hangs a plaque \u2014 his Victim Services Award for Distinguished Prosecutor, which he received in April 2021 from the U.S. Attorney’s offices for the Eastern, Middle, and Western districts of North Carolina and the state’s Victims Services Interagency Council. Those who nominated him, according to a <\/span>press release,<\/span><\/a> noted his \u201cvictim-centered approach\u201d and \u201cgenuine concern for the victim\u2019s safety\u201d in a domestic violence case.\u00a0<\/span><\/p>\n

\u201cThese kinds of cases are emotionally wearing,\u201d Montgomery-Blinn wrote. \u201cBut they are also the cases where a dedicated prosecutor, like Josh, can have the biggest impact.\u201d\u00a0<\/span><\/p>\n

Sotomayor no longer has the same concerns. Asked if the demands of the role can lead to burnout, his answer was simple. If you really care about the work \u2014 the cases and the people \u2014 you can do this job for a long time.\u00a0<\/span><\/p>\n

PHOTO ABOVE:<\/strong> Durham prosecutor Josh Sotomayor received a Victim Services Award for Distinguished Prosecutor in 2021.<\/p>\n","protected":false},"excerpt":{"rendered":"

Three years ago, Josh Sotomayor offered to mop the floors of the District Attorney’s office.\u00a0 He had entered law school four years earlier with hopes…<\/p>\n","protected":false},"author":1,"featured_media":6136,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[6],"tags":[90,93,246],"class_list":["post-6117","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-courthouse-project","tag-district-attorney","tag-domestic-violence","tag-satana-deberry","entry"],"yoast_head":"\nProsecutor spotlights victims' needs - in and out of court - 9th Street Journal<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/9thstreetjournal.org\/2022\/02\/03\/prosecutor-spotlights-victims-needs-inside-and-outside-the-courtroom\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Prosecutor spotlights victims' needs - 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