Prior Criminal History used to determine bail - not predictive of violence

       NO CRIMINAL HISTORY REVEALS LITTLE ABOUT INTENT TO HARM IN CASES OF DV                                    

New Braintree, MA  Once again domestic violence has resulted in deadly force being used to stop one man from killing his intimate partner and the child they have together.  This man paid no attention to the court ordered protection order that was in place bringing lethal force to bear upon his family.  Only this time, it is he who died in the violent final act before he could finish what he had come to do.  Police were ready for violence and met force with appropriate force resulting in death.  The surviving victims are fortunate for the action of the brave and courageous officers on duty in Calais, Maine on this night or they may have lost their lives in a murder-suicide - now all too common in northern, Maine.

The details of this Calais, ME case of domestic violence are being carefully guarded.  It is known that Daniel Phinney, 26 was out on bail after being arrested and charged with domestic violence and criminal threatening in May 2013.  At that point he must have both physically assaulted his significant other and threatened to kill or maim his family resulting in the charge of criminal threatening.  Police are quick to say that Phinney had no prior criminal history perhaps in an effort to circumvent the obvious outrage evoked by the system of bail in Maine that releases violent abusers over and over again.  Had anyone made an effort to determine the degree of risk posed by Daniel Phinney prior to his release?  Had anyone registered safety concerns based on the defendant’s behavior and history?  Had they undertaken a psychological assessment of Phinney that may have provided important details about his impulse control, substance use, and proclivity toward violence?  These details may become more apparent in the coming days.

The case is reminiscent of the 2011 Steven Lake homicide in Dexter.  Lake had twice been released on bail before murdering his family.  The medical autopsy concluded that “in spite of psychological counseling (the state) failed to appreciate the degree of anger and violence in Steven Lake”.  He had also been charged with criminal threatening after holding his family at gunpoint as he drove home the point about how much he loved them but he could not let Amy move on. 

I was a member of a team that conducted a psychological autopsy on Lake that resulted in over 50 recommendations to the esteemed Maine Attorney General’s Homicide Review panel in November 2012.  At first glance what is clear is brash indifference toward the court protection order and the availability of firearms to the defendant.  It is now important to study the case of Daniel Phinney and learn from the many red flags he waved in the weeks prior to his death.  These events can be stopping and containments points in future cases of domestic violence and domestic violence homicide.  No family should be kept in fear by a spouse whose loathsome behavior derails all human spirit and sense of dignity.

When domestic violence starts in high school

NEW BRAINTREE, MA March 24, 2013  The topic of dating violence has been of increasing interest to social scientists and others working with adolescents.  Most physicians make the subject of dating violence a regular part of the interview process by asking questions about jealousy, over control and violence with their boyfriends or girlfriends.  Parents are urged to keep open communication with their adolescent children as they begin having dating relationships.  The average teenager goes out on a "first date" when he or she is about 14 years of age.  How do you do this when peer relationships tend to take on greater importance once kids get into high school?

First and foremost for parents with teens who are dating is a set of rules and an agreed upon curfew.  The rules must include a zero tolerance policy for drinking and drugging.  Across the United States the legal drinking age is 21 year old.  A teen who comes home smelling of beer has broken the law and is subject to arrest.  Younger teens should go out with a group of friends.  Having rules like these can help a nervous teenager handle the pressures of dating.  Early on in a relationship it is customary that the dating pair may be driven to and from a movie theater by one of the parents.  This helps with parental control over curfews and what stops are made on the way home. Arguably, curfews are meant to be tested but in healthy homes the breach of curfew can  be handled with a subtle correction and reasonable consequences.  It is very important to get to know the person who has asked to take your prized possession out on a date.  This way you can form an impression of him with your own eyes and ears.  See how comfortable he or she is with a short visit with mom and dad.  I encourage parents to limit their kids day time encounters - staying local.  A red flag goes up when dates start going 1-2 hours away for concerts, etc.

Dating violence takes place is less than obvious ways and usually starts as controlling jealousy. Something as innocuous as being told what to wear may signal an underlying attempt at unhealthy control.  Dating violence is almost always kept secret from a set of parents. This was brought to bear upon the parents of Lauren Astley, a Wayland, MA teenager who was murdered in 2010 after breaking up with a long-time boyfriend.  Convicted murderer Nathaniel Fujita could not take no for an answer and pushed his victim to meet him privately following a high school graduation party when she was killed.  Fujita repeatedly sent text messages to Astley seeking her attention.  D.V. Profilers want young women to take extra time when getting into an intimate relationship with eyes wide open.

Signs of dating abuse are the obvious bumps and bruises and should trigger a call to police when discovered.  Changes in behavior, like secrecy, may signal signs of stress and coercion in a dating relationship.  Professional help is needed whenever a person threatens suicide after a break-up.