Oakland County's Ax-Murdering Teacher-Housewife Receives Habeas Relief

Sorry about that headline.  But this case was all-over your evening news back in 2004, when kindergarten teacher Nancy Ann Seaman axed her long-time husband to death on Mother's Day.

Earlier this month, a federal judge granted Seaman's petition for Habeas Corpus.  Habeas relief is considered when a convicted inmate, having exhausted her state court appeals, sues the warden of her prison in federal court on the theory she is being illegally detained by the State of Michigan in light of constitutional errors in a state court criminal proceeding.

Ms. Seaman was jury convicted of first degree murder before soon-retiring Oakland Circuit Judge John McDonald.  Seven-months after her trial, Judge McDonald reduced Seaman's conviction from first to second degree murder.

Both Seaman and the prosecutor appealed.  The Michigan Court of Appeals reversed the trial court and reinstated Seaman's first degree murder conviction.  [The linked MCOA opinion contains a fascinating in-court colloquy about premeditation between the prosecutor and trial judge at the hearing on Seaman's motion for a new trial, beginning on page 5.]

The Court of Appeals found (by 2-1) that the trial court abused its discretion by acting as a "thirteenth juror" in reducing the conviction to second degree murder.  The intermediate appellate court also held that premeditation has no set time-frame but rather, can be established in the fleeting moment that it takes to have a "second look" at an imminent homicide.

Dissenting Judge Karen Fort Hood was troubled by the apparent "disconnect" between Seaman's self defense theory and testimony regarding "battered spouse syndrome".  Evidence relative to the latter theory was limited by the trial court.  Judge Fort Hood also commented on what she perceived as a confusion of jury instructions on the two concepts.  See the last two pages of the above link for her concise dissent.

The Michigan Supreme Court declined further review of Ms. Seaman's conviction.

With her state appellate options exhausted, Seaman turned to federal court via Habeas Corpus.  In her initially successful petition, she asserted that she was denied her right to effective trial counsel, guaranteed by the Sixth Amendment to the U.S. Constitution, when Attorney Lawrence Kaluzny did not challenge a ruling by the trial court that limited the testimony of Seaman's expert on "battered spouse syndrome".  [BTW: In Oakland County, you just cannot hire better trial counsel than Larry Kaluzny.]  The federal judge has ordered a new trial for Seaman.

We here at the LawBlogger, however, need you to stay tuned on this one as Michigan Attorney General Mike Cox is appealing the federal district court judge's order to the U.S. Sixth Circuit Court of Appeals.

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Thanksgiving Dinner Conversation: SCOTUS Style

LawBlogger Editor's Note: This post is from Andrew Cohen, the Legal Analyst of the excellent blog Politics Daily. This is a fantasy recounting of a potential conversation between the Justices of the United States Supreme Court on the occasion of Thanksgiving Day, 2010. Cohen's humorous and tastefully irreverent insight is spot on; he also mentions several of the cases and issues covered by this Blog over the past year. Having stood before this august body of jurists last June, this blogger could actually see this conversation taking place. Enjoy:

The nine learned Americans, six men and three women, six Catholics and three Jews, all of them over 50 and one of them black, sat down for a traditional Thanksgiving meal. They said their prayers, they shook hands, they passed around the food, and then, as is their custom, they took turns speaking. There was no one else in the room.

“We have a lot to be thankful for,” John said solemnly. “We’ve survived another year, we’ve done our work as best we can, we still generally like each other on most days, and the Republic has not fallen apart. It’s a shame our brother John, Mr. Stevens, isn’t with us this year – I’m sure he’s watching football somewhere and glad to be rid of us – but we welcome Elena to the table and hope to share many more meals with her. Incidentally, I’d like to take a second to note that this meal is sponsored by the good folks at Citizens United. Citizens United, the corporation that’s been treated like a person for nearly one one-hundredth of a century.”

Antonin was the next to speak. "I am thankful, too, for the many freedoms I enjoy. The freedom to hunt. The freedom to speak. The freedom to yearn for a simpler time when there weren't so many constitutional amendments. The freedom to make all those liberal pantywaists apoplectic every time I open my mouth or draft an opinion. What a great country this is. Pass the yams, would you, Sam? Shoot, I've got gravy all over my shirt."

Then it was Anthony's turn. As usual, he was seated near the center of the rectangular table. "I am thankful," he said, "for my fellow Republican-appointed federal judges, the ones who spoke out last week against the Senate's refusal to confirm the president's judicial nominations. Even with life-tenure, it takes courage to do that. Incidentally, does anyone here want to borrow my Sharia Law Handbook? I'm boning up on it in the event the Oklahoma case reaches us, but I can always spare it for a night and start in again on Albanian law."

Next it was Clarence who, as usual, was seated to Antonin's right. "You starting again with that international law junk, Tony? Good lord," Clarence said. The other dinner guests were stunned. Clarence hadn't spoken like this in years. "I am thankful for being here. Whoever thought a fellow like me would end up sitting at this table for 20 years? But most of all I am thankful to my lovely wife, Virginia, for always having my back, even after all these years and all these allegations. She's the best and I plan to tell her that in court when her tea party group gets here as a litigant challenging the new health care laws."

"You are lucky, Clarence, to have your spouse," said Ruth. It was her first such meal without her beloved husband, Martin, who passed away this past June. "I think about my Marty all the time. I am thankful for all the wonderful years we spent together and for all the good graces we were given. I am thankful also for having Sonia and Elena here to watch the Lifetime Channel with me. It was lonely there for a while, especially after David and Bill stopped watching with me."

It was at this point in the dinner that Samuel, one of the younger members of the clan, shook his head and mouthed the words "not true." But it was not yet the time for him to speak.

It was instead Stephen's turn. "I am thankful for Amazon.com," he said, referring to his new book about the law. "Kidding. I'm getting just as much play on it from bookstores." Stephen had a habit of turning to look directly at his chums when he'd talk and he did so again on this night. "I am thankful for the rule of law, even when we don't explain it as clearly as we should to the American people. And I am thankful for our old friend Sandra, who has been so courageous in speaking out against judicial elections. Remember those fruit cobblers and lemon tarts she used to make for us?"

Sam spoke next. He was seated between Antonin and Clarence. "I am thankful for all the ordinary people out there who understand the Constitution," he said. "I am thankful for the American Spectator, for all the good food and talk a few weeks ago. And I am thankful for Roy Halladay, pitching that gem for my Phillies last month. If Roy Halladay ever has a case before the court, I am voting for him. Hey, John, can you please pass me the stuffing? Incidentally, as a reminder, today's turkey and all the trimmings are brought to me in part by the good folks at Citizens United -- Citizens United, the corporation that's been treated like a person for nearly one one-hundredth of a century."

Then it was Sonia's turn. It was her second such meal and she finally had decided to say something. "How can you people eat all this bland food all the time? Where are the arroz con gandules and pasteles y pernil?" More seriously, she went on: "I am thankful I don't have to hear about Frank Ricci anymore. I am thankful I don't have to be the last person to speak at every conference anymore. But mostly I am thankful I was finally able to rent out my apartment in New York City. In this economy, boy, you just never know."

Finally, Elena, the youngest, took her cue. "I am thankful this year for my new job and for the nice things that Miguel Estrada said about me this summer. I am mostly thankful, though, that I'll never have to sit through another lecture from [Oklahoma Sen.] Tom Coburn. Hey, speaking of food -- Tony, would you please pass the chicken lo mein?"

LawBlogger's final thoughts:  It sure would be nice if our Michigan Supreme Court Justices could be as civil as this fictional depiction of the SCOTUS justices.  Unfortunately, the yawning chasm within our state's high court has been all too public with secret tape recordings, press conferences and censure votes.

Spending Her First Years in Prison

Law Blogger Editor's Note:  From time to time, this blogger visits clients in Michigan's prisons as a roster attorney for the Michigan Appellate Assigned Counsel System.  This blog post is the original content of the CorrectionsOne web site.  It is an interview with Deborah Jiang Stein who was born heroin-addicted in a federal prison in West Virginia and spent the first year of her life there.  Today, she tours women's prisons to speak of hope and rehabilitation to both inmates and prison staff.

What can you say about spending your first year of life in prison? How did that shape you?

I was born and lived my first year in the Federal Women’s Prison in Alderson, West Virginia. I embrace that year as a primal sensory memory, most vivid when I visit now as an inspirational speaker. I recognize familiar sounds -- something I can’t quite name -- and the food service, which hasn’t changed since the prison was built in the 1940’s. Other areas of the compound I feel with a cellular intensity.

Born heroin addicted, I’m told and read in prison files that in my first year I displayed the usual problems of drug-exposed infants -- sensory overload, and physical and emotional delays. It’s taken a lifetime to re-wire my brain and I’m still learning how to manage some of these delays.

Multiple broken attachments, from mother to foster care to adoption, shaped my early life as a timid and angry girl. That first year of attachment to my mother in prison saved me, I believe, because at least I bonded. Later, the movement and losses from mother to foster family to adoptive family took years for me to identify, then grieve, and integrate. This is a lot for a child to metabolize.

You’ve recently written a memoir. Why now?

I began my memoir because several agents and editors suggested I do so. My story is a lesson for others, I’ve come to understand, and touches common themes in many people’s lives, especially themes related to secrets and stigmas. I’ve turned mine from a burden into a blessing as I write and speak about my journey and what I’ve learned. I also write about coming of age in the 1960s, being multiracial, and adopted into a white family.

We all have secrets. Everyone. Mine might be more dramatic than some, but everyone has at least one secret. My story is a testimony to encourage others to face and move beyond their secrets, past whatever pain and shame they hold.

My agent is now shopping my memoir proposal.

You now have a career as a public speaker; what message are you trying to put out there?

These days I’m speaking about the havoc caused by shame and secrets. I’ve learned that it’s not secrets that destroy us -- it’s the keeping of secrets that destroy. I spent years on the run outside the law in a world of crime and drug addiction, all because of the stigma and secrets I held about my prison roots, and other damages I’ve faced.

My story also speaks to the common thread of how we all look for hope in our lives. I’m evidence that even when the odds are stacked against a person, we can rise and overcome adversity.

I see myself as a scout, a guide for women who seek an alternative reality to the one they live. I carry a message of possibility, that we can all somehow live with what’s irreconcilable.

Besides women in prisons, I address professionals in the fields of mental health, child welfare, corrections and other social services, as well as higher education. I’ve learned that professionals in the field also seek personal growth for themselves, not just for the people they serve. 

What are some particular challenges faced by women in prison who are mothers?

One problem is the stigma of prison for a mother and her children.

The biggest wound is the broken bond between mother and child. The list goes on: missing a baby’s first smile; that first step; even the baby throwing up on you. A missed birthday party, first day of school, first date, graduation, everything a parent normally shares with a child.

I’ve read stories about women whose “hormones ricocheted wildly, ached from the milk that would not be nursed out of her swollen breasts, and she [the mother] used heroin smuggled into the prison to deaden the shame and loneliness.” I’m saddened, still, that this is in part my prison mother’s story.

Children born into prisons aren’t something many readers hear about, and even many of our readers (most of whom work in corrections) probably aren’t very aware of the phenomenon. Do you have any numbers on how children born in prisons? How does the system handle these people?

About 85% of women in prison are mothers. Almost 2 million children under the age of eighteen have a parent in prison, and most of these kids are under age ten. That’s a population larger than the city of San Francisco, larger than the state of Delaware. According to the Bureau of Justice, anywhere from 4%-7% of women sentenced are pregnant. This translates into close to 10,000 babies born to mothers in prisons. There are currently seven women’s state prison nurseries. My recent article for the Child Welfare League of America “Babies Behind Bars” highlights these nurseries and the issues involved with babies in prison.

How are pregnant women behind bars viewed by other women?

Since the majority of women in prison are mothers, I’m told for the most part, inmates can relate to those who are pregnant. One “old timer” told me that when she was in jail and in the early stages of her pregnancy in 1974, if she’d needed any protection, her friends would’ve “stood up for her.” 

Many states still shackle pregnant women, and a chain around the belly can harm a fetus. A number of groups lobby to improve the services for pregnant women in prisons. I look forward to seeing these changes, look forward to the day when adequate resources for mental health and addiction in our communities. This alone can help reduce our rising rate of incarceration. 

Deborah Jiang Stein is a writer and keynote speaker, and tours women's prisons as an inspirational speaker. She's working on a memoir and short story collection. Visit www.deborahstein.com for more information.

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