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Pettway Sentencing Defence Memo

Pettway Sentencing Defence Memo

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Sentencing arguments by the defence lawyer of Ann Pettway, who kidnapped a baby girl from Harlem Hospital in 1987.
Sentencing arguments by the defence lawyer of Ann Pettway, who kidnapped a baby girl from Harlem Hospital in 1987.

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Case 1:11-cr-00146-PKC Document 25

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -- - - - - - - - - - x UNITED STATES OF AMERICA 11 CR 146 (PKC) AJNtJGETTA PETTWAY, Defendant.
--

---------x

David E. Patton, Esq. Federal Defenders of New York, Inc. Attorneys for Annugetta Pettway 52 Duane Street - 10th Floor New York, New York 10007 417-8700 Tel.: (212)

Robert H. Baum, Esq. Sabrina P. Shroff, Esq. Colleen C. Cassidy, Esq. Of Counsel

TO: Preet Baharara, Esq. United States Attorney Southern District Of New York One St. Andrew's Plaza 10007 New York, New York Attn: Andrea Surrat, Esq. Jillian Berman, Esq. Assistant United States Attorneys

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TABLE OF CONTENTS

Table of Authorities I. MS. PETTWAY’S BACKGROUND AND OFFENSE CONDUCT .............1 A. Ms. Pettway’s Psychological Condition Twentyfive Years Ago ......................................2 Ms. Pettway’s Life As A Mother ......................4

ii

B.

II. A SENTENCE OF 121 MONTHS IS MORE THAN SUFFICIENT TO MEET THE GOALS OF SENTENCING PURSUANT TO 18 U.S.C. 3553(A) ................................................8 A. B. The Statutory Standard ..............................8 No More than 121 Months is Necessary to Fulfill the Statutory PuriDose of Sentencing .........9 1. The Nature and Circumstances of the Offense and the History and Characterization of the Defendant Make Her an Extremely Low Risk for Re-Offending ...................................9 Prolonged Incarceration Into Old Age Is Unnecessary And Does Not Justify the Cost ..............................12 The Correct Guidelines Range is 121-151 Months ................................14 A Sentence of 121 Months is Sufficient But Not Greater Than Necessary to Meet the Goals of Sentencing ....................................20 The PSR’s Recommendation is Overly Harsh and Focuses Solely on Retribution for the Victim Biological Parents ............................21

2.

3.

4.

5.

1

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CONCLUSION

24

CASES Chatwin v. United
States,

326 U.S. 455 (1946) ..........., 19, 20

STATUTES AND OTHER AUTHORITIES

18 U.S.C. 18 U.S.C. 18 U.S.C. 18 U.S.C. 18 U.S.C. 18 U.S.C. 18 U.S.C. 18 U.S.C. 18 U.S.C.

3553 (a) (1) (3) 5 2(B) .................. ,

................................. .......................13

9,

12

5 1201(a) 5 3553(a)

..........................................23 ....................................1, .....................................9 .....................................9 .....................................9 .....................................9 ........................................ 221.05 ................................16
9

8,

22

3553 (a) (1) (3) 3553 (a) (1) (4) 5 3553 (a) (1) (5) 5 3553 (a) (1) (6) 5 3553 (a) (2)

McKinney’s Penal Law

United States Sentencing Guidelines S2A4,1 ....................................................19 .......................................19, 20

2A4.1(b) (4) (A) 3A1.1

....................................................19 ..............................................16 ..............................................16 .................................................16

4A1,2(e) (1) 4A1.2(e) (2) 4A1.3(b)

ii

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Ronald H. Aday, Aging Prisoners: Crisis In American Corrections (Nov. 2003) ............ Heather Habes, PAYING FOR THE GRAYING: HOW CALIFORNIA CAN MORE EFFECTIVELY MANAGE ITS GROWING ELDERLY INMATE POPULATION, 20 S. Cal. Interdisc. L.J. 3951 Winter 2011 Timothy Hughes et al., Trends in State Parole, BUREAU.JUST.STAT.SPECIAL.REP. (Oct.2001), http: //www,bjs.gov/content/pub/pdf/tsp00,pdf 1999-2000,

....... 12

13

............

11

Molly Fairchild James, The Sentencing of Elderly Criminals, 29 Am, Crim., L. Rev. 1025 (1992) .......................13 Predictors of Recidivism Kying Yon Jhi & Hee-Jong Joo, Across Major Age Groups of Parolees in Texas, .............................. JUST. POL'Y J., Spring 2009 Aging Inmates Present Prison Crisis, Patrick McMahon, Nation Section USA TODAY, Aug. 10, 2003,

ii

................

12

Mike Mitka, Aging prisoners Stressing Health care System, (2004) ..................................... 12 292 JAMA 423 Joan Petersilia, California's Paradox of Excess and Deprivation, 37 Crime & Jut. 207 (2008)

.................

13

Health Care, Addressing the Needs of Correctional Elderly, Chronically Ill, and Terminally Ill Inmates, U.S. Department of Justice, National Institute of Corrections, 2004 Ed. Pp. 9-10 ...............................

12

Criminal History Computation Measuring Recidivism: The 28 (2004) ..........11 of the Federal Sentencing Guidelines

iii

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -- - - - - - - - - - x UNITED STATES
-

OF AMERICA

V-

-

11 CR 146 (PKC) AThMJGETTA PETTWAY,

Defendant. -----------x
ANNtJGETTA PETTWAY' S SENTENCING MEMORANDUM

This sentencing memorandum is submitted on behalf of Annugetta Pettway ("Ann") in support of her request for a sentence of 121 months, the bottom of the guideline range stipulated in the plea agreement. The probation department has calculated a higher guideline range but we contend, for the reasons set forth in section II (3) below, that its guideline

calculation is incorrect and that the correct range is that which the government agreed in the plea agreement is a reasonable sentencing range, 121-151 months. For the following reasons, we submit that a sentence at the bottom of that range is "sufficient, but not greater than necessary to comply with the purposes of sentencingJ' 18 U.S.C. 3553(a).
I. MS PETTWAY'S BACKGROUND AND OFFENSE CONDUCT

Twenty-five years ago, in August 1987, Ann Pettway took an infant who was not her own, Carlina White, and raised her as her 1

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own daughter, Nejdra. Although Ms. Pettway told Carlina when she was 17 years old that she was adopted, she only learned that she had been abducted in late 2010. During all those years, Ms. Pettway provided a good home and cared for Ms. White as a daughter.

See letters from family members and friends, attached
, and he and

as Exhibit A. In 1998, Ms. Pettway had a son, T_ -Carlina were raised as brother and sister. Carlina's search for her biological parents led in 2010 to the discovery that she had been abducted from the hospital when she was an infant. Ann Pettway now sits in jail awaiting sentence for a crime she committed 25 years ago, when she was a different person. This is a serious offense, with tragic consequences, and Ms. Pettway understands that she must be punished for what she did. At the same time, however, it was an offense that was motivated not by greed or desire to do harm, but by a desperate desire for a child, combined with depression and grief over her failed pregnancies and significant mental illness.
A. Ms. Pettway's Psychological Condition Twenty five Years Ago

At the time Ms. Pettway took Carlina White from the hospital, she was severely depressed in the aftermath of two stillbirths and several miscarriages. The Psychological report of Dr. Diana Lynn Barnes details Ms. Pettway's difficult childhood

2

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and the trauma she suffered as a woman who was unable to carry her pregnancies to term. Dr. Barnes's reports of Ms. Pettway's history of both physical and emotional abuse was confirmed "by her sister, Cassandra, who currently lives in Georgia. Cassandra who is six years older than her sister [Ann] describes, their mother as a 'southern mom, very strict' and remembers her mother using belts and extension cords to beat her older sister." Report by Dr. Diana Lynn Barnes, dated August 20, 2011, attached as Exhibit B. -

"Ann Pettway has an extensive history of childhood trauma in the form of severe physical and emotional abuse, sexual abuse and emotional abandonment. She has also had a number of significant losses including the untimely death of her father at age 3 and the death of her brother in 1988." Report at 5. This pattern of periodic loss continued into Ann's adult years, many of which were marked by failed pregnancies; she miscarried twice and had three stillborn births. Report at 4. Ms. Pettway yearned for two things in life - her mother's love and approval and the opportunity to be a mother herself. Report at 3. Dr. Barnes concludes that Ms. Pettway meets the criteria for a Diagnostic Statistical Manual ("DSM") diagnosis of Major Depressive Episode, Severe with Psychotic Features." After Ann 3

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delivered her second stillborn child, she had a dissociative experience for a protracted period of time. The disassociation was a "reflexive coping mechanism" during a "time of extreme stress," and it allowed Ann "to tolerate the pain and trauma" of yet another stillborn birth that was otherwise "too horrible to experience." Report at 5. As Dr. Barnes notes: Ann Pettway had always wanted children, in many ways to lessen her own internal experience of loneliness and isolation and also as a way o recreating the warmth and affection lacking in her own upbringing. In my opinion, the stillbirth of yet another desired child ten years after the first traumatic experience, was an event of such unbearable psychic distress that she was unable to accept the reality of what had happened... Report at 7. Dr. Barnes, an expert in maternal depression and perinatal mood disorders, (See Curriculum Vitae, Exhibit C) explains that stillbirth
is

a traumatic event for a psychological

healthy woman, but Ms. Pettway's condition made her unable to process the grief. She replaced the dead infant with a live baby and persisted in the delusion that it was her baby.
B.

Ms

Pettway's Life

As A Mother

Although Ms. Pettway had no right to raise Carlina White as her own daughter, it is important for the Court to understand that in doing so, she did provide a stable, loving and happy home during those years. This is not a case in which the kidnapped

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child was mistreated; to the contrary, Carlina White was raised as a beloved daughter. In 1998, Ms. Pettway finally gave birth to a biological child, her son who is now 14 years old.

and Carlina, whom he knows as Nejdra, grew up as brother and sister and had a close relationship. In fact, they remain close and speak to each other frequently. TTL, like Nejdra, was raised well by Ms. Pettway.He is an honors student who hasa summer job working with children at the Hall Neighborhood House in Bridgeport. TT2 has submitted a letter to the Court describing the Pettway family environment.
See Exhibit D. T5. depicts Ms.

Fettway as a good and caring mother, who was very involved with the children's lives in a positive way. He describes the relationship between his mother and Nejdra as very close. Tj never heard them argue and Nejdra talked to his mother when she had problems. Ms. Pettway was in the hospital with Nejdra when she gave birth to her own daughter. TWENO recalls the family home as a welcoming one for the children's friends. Ms. Pettway was always kind and helpful to their friends, who enjoyed visiting. Further, T402M notes that Ms. Pettway encouraged school work. She made sure they did their homework, and was quick to go to school and meet with teachers if there was any problem. After Nejdra gave birth to her baby, S, she and her 5

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daughter lived with Ann and TI.1, until S years old. Then Nejdra moved to her own apartment, but the baby was frequently at Ann Pettway's house and Ann brought the child to and from day care.

was about 2

TJ@Nkt tells the Court that loved

Ann and always wanted to be at the house with Ann and T When TL...-was Ann and 10 years old and Nedjra's baby was about 4, did not like his

moved to North Carolina.

school in Bridgeport, Connecticut, and had trouble making friends. He wanted to move to Georgia, where his aunt Cassandra and cousins lived. Ann did not like Georgia but offered to move to North Carolina. Ann traveled to North Carolina to visit schools to be sure to find a good school for

IL1F1.

She found a

good school that had small classes, mentors and counselors, and much better circumstances than existed in Bridgeport. They moved there and
TMOISM thrived.

Since Ann's arrest, T462NO has shuttled among relatives back in the Bridgeport area. He lived with his mom's cousin Reva in Stratford, Connecticut during the last school year. However, she has children of her own, so after spending time with his grandmother this summer, he is moving to his Aunt Jeanie's house in Bridgeport in September and will start at a new school for high school. TiIT1's father is a quadriplegic who is now

hospitalized for an infection and is not doing well; he cannot

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provide any support for T11 . It is T1's greatest fear that his dad will pass away while his mother is incarcerated and he will have no parent to fall back on. TlIJ1 is a strikingly nice and impressive boy and it is clear from meeting him, and from viewing the videotape of Carlina White's television interview, that, as wrong as the kidnapping - was, Ann Pettway was a good mother and raised the children well. It is important to note that Carlina's daughter continues to write to and speak with Ann Pettway on a weekly basis. Carlina White has declined to speak with either defense counsel, the government, or the probation department. She is represented by counsel, has a movie project in the works, and refuses to be involved in any way in the criminal case. However, an exclusive interview she gave to an Atlanta radio program, the Ryan Cameron show on V-103, "The People's Station," confirms TJf's account of their upbringing and reveals some of her feelings and views about Ms. Pettway and her possible punishment. In the interview, which was given in March, 2011, Ms. White stated that she had a good childhood with Ms. Pettway, that she was brought up well, that she was never mistreated, and that she still had love for Ms. Pettway. She was still close to members of Ms. Pettway's family and she and

T*1W considers themselves

brother and sister. When asked about stories that she had been 7

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abused, Carlina said that those stories were false and that she did not know where they came from. These statements confirmed comments made to defense counsel in a personal interview shortly after Ms. Pettway's arrest. Carlina said that she would like to talk to Ann some day to hear her side of the story and that she had already forgiven her. When asked whether she thought Ann should be punished, she said no, that she did not believe in punishment and that if they want her to point the finger and say she should go to jail, she would not say that. Carlina said she only sought out her parents to find out who they were and she never realized that there would be all this commotion. When asked whether she would speak for Ms. Pettway at sentencing, Carlina said that she was not sure that she would, that she did not want to go back to court, and that she felt like she had done enough work finding her biological parents.
II. ,A SENTENCE OF 121 MONTHS IS MORE THAN SUFFICIENT TO TO 18 U.S.C. MEET THE GOALS OF SENTENCING PURSUANT 3553(A). A.. The Statutory StandaA

The sentencing statute directs the Court to impose a sentence "not greater than necessary to comply with the purposes of sentencing." These purposes require the sentence imposed: A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
[ ]

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B) to afford adequate deterrence to criminal conduct; C) to protect the public from further crimes of the defendant; and U) to provide the defendant with needed educational or vocational training, medical care, or other treatment in the most effective manner. 18 U.S.C. 5 3553 (a) (2). In determining the lowest sentence necessary to achieve these objectives, the sentencing court is directed to consider the nature and circumstances of the offense and the history and characteristics of the defendant, the kinds of sentences available and the applicable guidelines range, and the need to avoid unwarranted disparity among similarly situated defendants. 18 U.S.C. 5 3553 (a) (1) (3)-(6)
B. No More than 121 Months is Necessary to Fulfill the Statutory Purpose of Sentencing. 1 The Nature and Circumstances of the offense and the History and of theDefendant characterization r e mely Low Make Her an Ext

A ten-year sentence for this broken and severely depressed 50-year-old woman is more than sufficient to comply with the goals of sentencing. Incarceration into her 60s is not necessary to prevent Ms. Pettway from committing further crimes or to protect the public. Ms. Pettway committed this offense when she was in her late twenties, and suffering from severe, untreated depression in the aftermath of two stillbirths and multiple

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miscarriages. Her thinking was distorted by grief and feelings of hopelessness and panic about not being able to bring a child to term and a confused belief that only having an infant of her own could fill the void in her life. This is not offered as an excuse for her conduct, but as an explanation for why she committed the desperate act of taking someone else's child, and why there is no danger that she would ever re-offendAside from the fact that she will be 60 years old in ten years, and well past her crises of failed pregnancies, Ms Pettway did ultimately bear a son of her own, to whom she is deeply attached. He is now 14 years old and her separation from him and the fact that he has to grow up without his mother causes her daily grief and anguish. Now she understands what it means to lose a child and feels profound remorse for the grief she caused to the parent victims in this case. Ms. Pettway's letter to the Court reflects her profound, sincere remorse.
See letter from Ms.

Pettway, attached as Exhibit E. Her only concern, and the focus of any remaining years out of prison, will be to try to make this up to her son, as well as to seek forgiveness from Nejdra, whom she also loves as her own daughter. Dr. Barnes reports: Ann Pettway has expressed deep remorse for what she has done. There is nothing in any of the records that were reviewed or Ann 10

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Pettway's reporting of the events that would suggest this was an act of malice or even aforethought. To the contrary, it appears that this was an unconscious reaction to the excruciating emotional pain caused by the stillbirth and a desperate attempt to repress the realization that she might never have children of her own. Report at 8. The report also concludes that there is "nothing to indicate that she is a danger to society." Report at 5. Older offenders have much lower rcidivism rates than younger defendants, and elderly defendants have minimal risk of recidivism. Department of Justice statistics show that prisoners released at 55 years or older recidivate at a rate of just 2 percent. Timothy Hughes et al., Trends in State Parole, 1999-

2000, BUREAU.JUST.STAT.SPECIAL.REP.(Oct.2001),http://www.bjs.gov/ content/pub/pdf/tspoO.pdf. Other studies have found that there is virtually no recidivism for those released at age 60 or older. See, e.g., Kyung Yon Jhi & Hee-Jong Joo, Across Major Age Groups of Parolees in Texas, Predictors of Recidivism JUST. POL'Y J.,

Spring 2009. The low rate of recidivism among older offenders has been recognized by the United States Sentencing Commission as well. See, Measuring Recidivism: The Criminal History Computation 28 (2004) (finding that

of the Federal Sentencing Guidelines

recidivism rates drop dramatically for offenders over 50 at sentencing) . Recidivism rates are also lower for female

11

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offenders, Id. Moreover, Ms. Pettway's specific offense was inextricably related to her inability to bear a child during her child-bearing years, making the likelihood virtually zero that she would ever participate in such an offense at this advanced age. Nor is she likely, in her sixties, to engage in the kind of petty crimes, like shoplifting and small drug offenses, that make up her criminal history.
2.

--

Prolongea Incarceration Into Old Ana Does Not Age Is U=ecessary Justify the Cost.

Older prisoners are much more expensive for the Bureau of Prisons to maintain, because of health and mobility problems. See Correctional Health Care, Addressing the Needs of Elderly, Chronically Ill, and Terminally 111 Inmates, U.S. Justice, National Institute of Corrections, 2004 Ed. Pp. 9-10 (reporting intensified management problems with elderly inmates in the prison setting, including the need for special physical accommodations in a relatively inflexible physical environment) Ronald H. Aday, Aging Prisoners: Crisis In American Corrections (Nov. 2003); Patrick McMahon, Crisis, USA TODAY, Aug. 10, 2003, Aging Inmates Present Prison Nation Section. Prisoners 50 Department of

years or older are considered elderly; studies have shown that incarceration adds the equivalent of ten years to a person's physiological age. See, Mike Mitka, Aging prisoners Stressing 12

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Health care System, 292 JAMA 423, 423 (2004); Heather Habes, PAYING FOR THE GRAYING: HOW CALIFORNIA CAN MORE EFFECTIVELY MANAGE ITS GROWING ELDERLY INMATE POPULATION, 20 S. Cal. Interdisc. L.J.
3951

399, Winter 2011; Joan Petersilia,

California's Paradox of Excess and Deprivation, 37 Crime & Jut. 207, 239-240 (2008) Inmates over the age of 50 cost approximately three times more than the cost to incarcerate than average adult inmate. See, Habes, Paying for the Graying, at 401; Molly Fairchild James, The Sentencing of Elderly Criminals, 29 Am. CrimP, L. Rev. 1025, 1026 (1992) (noting then average cost of elderly inmate was $60,000, compared to $20,000 for younger inmates) Given the exceptionally low likelihood that Ms. Pettway would ever commit a similar offense, a sentence of more than 10 years is not necessary to provide adequate deterrence under 18 USC. 5 2(B) or to protect the public under subsection (c) Nor is it necessary to provide treatment or medical care in the most effective manner. To the contrary, the cost of treating elderly prisoners is so great that it is certainly more effective to release the elderly, whenever possible, so that their various ailments may be treated more cost-effectively outside of prison

13

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3

The Correct Guidelines Range 121151 Months

is

The stipulated guidelines range agreed to by the parties in the plea agreement is 121-151 months, based on a total offense level of 29 and a Criminal History Category of IV. The Probation Office has recommended a guideline range of 168-210 months based on a higher total offense level of 33, enhanced by four levels that were not agreed to by the parties, but a lower Criminal History Category of III. We submit that the stipulated guidelines range of 121-151 is the correct range, but based on a slightly different calculation than that set forth in the plea agreement. One of the PSR's recommended offense level enhancements, for failure to release the victim within 30 days, does not apply, so even if the vulnerable victim enhancement is applied, the total offense should be 31. The PSR's Criminal History Category of III is the correct one, not Category IV. While it is technically correct, even the PSR's Criminal History Category overstates Ms. Pettway's actual criminal history. Criminal History Category II more accurately reflects Ms. Pettway's actual criminal history and likelihood to re-offend, and this translates into a guideline range of 121-151, the range. stipulated in the plea agreement. The difference in the criminal history scores of 8 (the plea agreement) and 6 (the PSR) depends on whether Ms. Pettway

JXAJ

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received an actual prison sentence or a suspended sentence of 4-5 months imprisonment for her attempted embezzlement conviction in 2010. An actual sentence incurs two criminal history points, while a suspended sentence incurs only one point. One point for this conviction would give her a total of 5 one point convictions and a maximum of 4 one-point convictions can be counted, so that brings the criminal history score to four,-with 2 additional points for committing the instant offense while on probation. We have obtained the court file and it establishes that the sentence was suspended. Therefore, her correct criminal history score is six, and the Criminal History Category is III. However, while technically correct, this Criminal History Category over-represents the seriousness of Ms. Pettway's criminal history and makes her guideline range higher than it should be. The PSR's guideline calculation assigns Ms. Pettway 6 criminal history points, based on convictions for minor offenses, spaced many years apart, two of which occurred more than 20 years ago. These are technically countable in criminal history because kidnapping is considered a "continuing offense," and therefore all convictions within 10 years before the actual abduction are counted, even those that occurred more than 20 years ago. One of these points is assessed for a 1987 misdemeanor conviction for larceny and failure to appear, for which Ms. Pettway received an 15

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unconditional discharge. PSR 11 42-43. Another point is assessed for a 1991 misdemeanor conviction for forgery and criminal impersonation, for which Ms. Pettway was sentenced to probation, with a suspended 18 month sentence. Both of these convictions are so old that the records have been destroyed. PSR 11 42-43. A third point was assessed for a misdemeanor larceny conviction in - 1992, for which Ms. Pettway received a conditional discharge and one year suspended sentence. Ordinarily, such old convictions for minor offenses would not be counted in criminal history, which excludes such sentences that are more than ten years old. U,S.S.G. 4A1.2(e) (1) and

(2) . Because the time is counted from "the commencement of the instant offense," however, and this offense commenced in 1987, they are all counted.
Ti. S.SG.

4A1.2(e) (2). Nevertheless, such

old convictions from minor offenses when she was in her twenties, say very little about Ms. Pettway’s actual criminal history or her likelihood to commit future crimes. See (encouraging departures where criminal history category substantially over-represents either the seriousness of the defendant’s criminal history or the likelihood that she will commit other crimes) . A fourth criminal history point was assessed for possession of marijuana in 1997, for which the records have been destroyed. This conviction is also more than 16 U.S,S.G. 4A1.3(b)

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ten years old and, in any event, a conviction for simple possession of marijuana is a very minor offense and constitutes only a violation in New York, not even a misdemeanor, punishable by only by a fine of not more than one hundred dollars. McKinley’s Penal Law 221.05.

Ms. Pettway’s only conviction within the last 15 years is -- -her conviction for attempted embezzlement in North Carolina, misdemeanor for which she received a sentence of probation. The underlying documents show that this involved charges of minor theft of small clothing items - a pair of pants and belt for her son -- from her employer, a department store where she worked. The criminal history category far overstates Ms. Pettway’s actual criminal history as well as her likelihood of recidivism because it counts every single thing she ever did, over a period of 25 years, without any recognition that there was an 18-year period in which she committed no crimes other than one simple possession of marijuana and a 13-year period in which she was in no trouble at all. Since ordinarily, these one point convictions would not be counted unless they occurred within ten years, a score of 6 based on such petty offenses would usually involve a far more persistent course of petty offending. This is not the case with Ms. Pettway, who for 18 years was charged with no criminal conduct except possessing marijuana once in 1997. This 17

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reality is entirely unrecognized and is even obscured by the PSR, which recommendation refers to her multiple convictions without mentioning that they were mostly very old convictions for very minor offenses. Finally, the two criminal points added for being on probation when the offense was committed should not be included in the criminal history score. In fact, Ms. Pettway was not on probation at the time of the abduction, but the PSR bases these points, again, on the theory that she was on probation at some time during the course of the "continuing offense," in 1991-1993. This theory does not address the rationale for adding these points, which is the extra risk of recidivism for someone who went out and committed another crime while already on probation. That is not what happened in this case. The legal concept of "continuing offense" notwithstanding, Ms. Pettway kidnapped Carlina White in 1987, when she was not on probation, and in 1991, when she was placed on probation, she was fours years into raising the child as her own. The fact that she was placed on probation four years after she took the child, and more than twenty years ago, does not make her risk of recidivism any higher at this point in time. This is another way in which the criminal history score overrepresents the actual likelihood that she will re-offend. Thus, a criminal history category of II more

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accurately reflects Ms. Pettway’s criminal history and likelihood to commit future crimes. The PSR recommends two offense level enhancements that were not stipulated in the plea agreement: 2 levels for vulnerable victim pursuant to U.S.S.G. 3Al.l and 2 levels because the

victim was not released before 30 days had elapsed, pursuant to - U.S.S.G. 2A4,1(b) (4) (A) The enhancement for not releasing -

within 30 days should not apply because it has no rational application to this kind of kidnapping. The Commentary to the kidnapping guideline explains: Federal kidnapping cases generally encompass three categories of conduct: limited duration kidnapping where the victim is released unharmed; kidnapping that occurs as part of or to facilitate the commission of another offense (often, sexual assault); and kidnapping for ransom or political demand. The guideline contains an adjustment for the length of time that the victim was detained. The adjustment recognizes the increased suffering involved in lengthy kidnappings and provides an incentive to release the victim. U.S.S.G. 2A4.1 Commentary, Background, , also Chatwin v.

United States, 326 U.S. 455, 462-63 (1946) (explaining that purpose of statute was to stop an epidemic of kidnapping for ransom by organized crime). The abduction in this case was not within the range of the typical federal kidnapping, involving either ransom or sexual abuse, and posing a significant danger to 19

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the abducted person. This 2-level enhancement recognizes that, in the typical cases, the likelihood of injury and abuse to the victim increases the longer the person is held. This enhancement has no application to this unusual kidnapping case, in which the baby was taken to raise as Ms. Pettway’s own child, was never in any danger, and was not held temporarily as a means to an end. Because this 2-level enhancement should not apply, the offense level should be 31 at the highest. Given a Criminal History Category of II, this results in a guideline range of 121151, the original stipulated range.
A Sentence of 121 Months is Sufficient Not Greater Than Necessary to Meet the Goals 41 S en tencing .
..

-

But

Considering all of these factors, a sentence of 121 months is sufficient to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment. Ten years in prison is a very long time for a woman of Ms. Pettway’s age, who may have only a few years upon release. This is a serious offense. However, the particular circumstances of this case distinguish it from the typical kidnapping case, in which the victim is held for ransom or taken for purposes of sexual exploitation. See, Chatwin v. United States, 326 U.S. 455, 462-63 (1946) (explaining that purpose of statute was to stop an epidemic of kidnapping for ransom by organized crime); U.S,S,G.
IIJ

2A4.1

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Commentary, background (explaining that federal kidnapping generally involve a limited duration kidnapping where the person is released unharmed; kidnapping as part of another offense, like sexual assault, or kidnapping for ransom). Thus, the usual kidnapping case involves harsh treatment, sexual abuse, or at a minimum, a level of callousness toward the abducted person that - -creates a-danger of--injury or death.- In this case, there was no harsh treatment or callous greed involved; the only motive for Ms. Pettway was to have a child to love and raise, and that is what she did. Ten years imprisonment, which is within the range stipulated in the plea agreement, is a substantial sentence that reflects the seriousness of this offense, promotes respect for the law, and provides just punishment. 5.
and Focuses Solely on Retribution for the Victim Biological Parents Harsh
I."

cases

The presentence report acknowledges that this case is outside the "heartland" of federal kidnapping cases, but oddly, concludes that this calls for an extremely harsh sentence of 20 years, which would be a substantial upward departure from the range that the government agrees is reasonable in this case. The particulars of this case take it out of the heartland--no violence, threat of injury, or demand for ransom but instead a desperate desire to raise the baby as her own--are mitigating 21

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factors, which when combined with Ms. Pettway’s history and psychological problems, and the unlikely of recidivism or danger to the public, counsel in favor of a sentence at the bottom of the guideline range. The PSR’s recommendation is written almost entirely from the point of view of biological parents, however, who are understandably angry. The Probation Office appears to -have-identified-strongly which is also understandable since they have been very vocal and forthcoming about their grief. In highly emotional language, the presentence report states that "the sanctity of the parent-child relationship has been stolen from them indefinitely," that they "expect a lengthy sentence to address their 23 years of anguish," and that "the victim’s voice should carry considerable weight" in this case. However, while the goals of sentencing include some element of retribution in the concept of just punishment for the offense," that cannot be the only or even the predominant factor. The overarching principle of 18 U.S.C. 3553(a) is that the parents,

sentence be "no greater than necessary to comply with the purposes of sentencing" and that includes all of the purposes, not only addressing the pain of the victims. Further, it is important to note that one victim’s voice is missing from the presentence report, and that is the voice of Carlina White. Her voice is captured in an interview that we

WA

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submit to the Court on a CD, attached as Exhibit F, and she does not call for a harsh sentence. Finally, the presentence reoort is incorrect in contending that a "better benchmark" than the guideline range is the twenty year statutory sentence for a crime to which Ms. Pettway did not plead guilty. The plea agreement in this case was negotiated by the parties for good reasons. There were problems of proof in this case, including the main victim’s unwillingness to cooperate with the government, and a compelling legal question as to whether this case makes out the statutory element of "holds for ransom or reward or otherwise" of federal kidnapping. 18 U.S.C. 1201(a). A plea to the kidnapping without the twenty year sentence satisfied the government’s desire to obtain a conviction in federal court and Ms. Fettway’s desire to redress her wrongs and obtain some credit for acceptance of responsibility. The presentence report’s theory that the correct "benchmark" should be not the guidelines, as required by statute, but the statutory sentence for a crime other than the crime of conviction deprives her of the benefit of her plea bargain and her acceptance of responsibility.

23

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Ann Pettway’s crime resulted from a unique

set

of

circumstances - including her young age, serial miscarriages and stillbirths, and mental breakdown - that will never happen again. While there is no excuse for her crime, the Court should consider that she was a caring mother to Nedjra and T, Ann Pettway will never re-offend. For these and the other reasons discussed an variancef the guidelines would be - greater

than necessary to meet the statutory goals of punishment. The Court should sentence Ms. Pettway to 121 months in the custody of the Bureau of Prisons, a sentence that the government has agreed is reasonable.

Dated: New York, New York July 24, 2012 Respectfully submitted, David E. Patton, Esq. Federal Defenders of New York, Inc.

By: Robert Baum, Esq. Sabrina Shroff, Esq. Colleen P. Cassidy, Esq. Attorneys for Annugetta Pettway 52 Duane Street - 10th Floor New York, NY 10007 Tel.: (212) 417-8700

24

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EXHIBIT A

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July 20, 2012

To the Honorable Judge, Ann Pettway is my daughter. She loves to take care of children. She lived with me before she moved to North Carolina, Ann would babysit the kids in the neighborhood, She made sure they had something to eat before they went to school and after they came from school. Kids in the neighborhood still, ask me about her after she move, because she always gave them something to eat and never minded sitting and talking to them. Ann never hurried away anyone and would sit and listen to their endless stories when even their mothers would be walking away. Ann was a good mother to Nedra. We all lived together for awhile and Ann always made sure she went to school. Ann gave Nedra the best of everything. Anything Nedra asked for, she tried to get it for her even if she had to borrow from her cousins or friend. Nedra never went to school with unclean or with bad looking clothes. Her hair was always combed and fixed nice and neat. Ann was the same with T--. She made sure he did his homework before the next day. He was not too happy in Bridgeport and Ann moved for him to North Carolina. There was a better school there for him, she said, and they seemed to be doing well there until Ann had to turn herself in to the police. Trevon now has no home. He was living with Ann's cousin Reva but she can't keep him as she has two boys of her own. He is going to live with my sister Jean. His father can't care for him because he is real sick. I know that Ann did a terrible thing. We did not know that then and never knew anything that was going in with her, I know you have to punish her but I also know that she was not right back then. I hope you will leave her with a punishment that allows her to come out as she is 50 years old now. Sincerely, Mary Pettway.

---

0 ax~

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July 20, 2012 To the Honorable P. Kevin Castel, My name is Cassandra A. Johnson, I am Ann Pettway's younger sister. I work as a paraprofessional in the mental health field. For the past 20 years, I have worked with children and adults with disabilities and mild retardation. I am married, with two adult children and two grandchildren. For virtually all of my 45 years, I have regarded Ann sister, but also as a friend. We Pettway, not only as shared the same household in Bridgeport, Connecticut until my sister reached adulthood and moved into her own apartment. When I became an adult, Ann and I kept in touch by phone and by visiting each other's homes. For awhile, we even worked for the same company and-car-pooled to work. Ann also worked for me and my husband in a restaurant we owned. I have always known Ann to be a good person. She was quick to help friends and neighbors and I have seen her give her last to those who asked, At times, my sister has served as the neighborhood therapist, social worker, and even matchmaker. People always came to her for advice and assistance in times of crisis. Among those who were less educated, some also solicited her assistance with paperwork related to job applications, social service benefits and other matters. She kept her depression and problems to herself and I never realized that she was in need of emotional help. Ann has always been particularly patient and compassionate with children. Over the years, she has cared for the children of friends and family who needed help with childcare while they held down their jobs. My sister has always been the kids' favorite. I remember one incident when Ann stopped some kids from bullying her neighbor's 8year-old child. The boy, who was Korean, walked home from school every day, horrified because the kids teased him about his nationality. One day, Ann was at the corner, waiting for one of her daycare kids to get off the bus. She noticed the kids teasing the boy and spoke up on his behalf because he was scared. Since moving to Raleigh, North Carolina, Ann has been involved in church and community affairs. I am aware that my sister did a terrible thing in taking a child that was not hers. I never knew back then about her miscarriages or the impact on her mind of the stillbirths

Case 1:11-cr-00146-PKC Document 25-1 Filed 07/24/12 Page 4 of 11 or that she had so much depression and desperation. Had I known and helped her maybe none of us would be here today. I think she was motivated by her sheer love of children and not knowing how to deal with not being able to be what every woman takes for granted - a mother. No woman thinks that being barren will happen to them and when they can't be a mother it is like being defective. I believe she felt that way. Ann knows she did very wrong and is sorry for her actions. She has to deal with and be punished what she's done, Ann and all of us know that,
Your Honor, Ann is now in her early 50's and a not too well woman at that. I know that she must answer in some way for breaking the law. It is my hope, Judge Castel that you will see fit to give my sister, Ann Pettway, a sentence that reflects not just punishment but also some mercy given that ----- --she was not all well when this conducttookplace. I know that she must have been in a very bad place when she did such a seriously wrong thing. I don't know what was going on for her then, but I do believe she has been the best mother she could be, to both Nejdra and her son, T. I live in Georgia, and am close to Nejdra. We were always close as we lived in the same house for a while and then when Nejdra moved out she lived close to us. That I lived in Georgia impacted Nejdra's decision to move here. We live close by and Nejdra and I are in and out each others home. comes by often and always asks Nejdra's daughter, about her Binki (her nickname for Ann) . Ann calls from the SOMM and glainvAi asks why Binki doesn't jail to speak with Sgpwpd misses Ann. SOMOW see her anymore. I know that writes to Ann and Ann writes her back. As Nejdra's confidant, J feel a responsibility to right the wrongs of my sister. I do all I can to help Nejdra deal with the consequences of my sister's actions. I encourage Nejdra to reach out and develop relationships with her biological parents and in this small way I hope I am helping fix the wrong my sister did. I hope I am of help to Nejdra in forging new relationships, I and know that she is starting to be in a good place with her mother.

6

Sin r . Y( sa A. John son

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Your Honor,

March 28, 2012

I’m sure that most of the letters you receive will be based on the character of my cousin Ann Pettway and what she means to others and the good things she has done. My letter however Tam is based on her son - Tiab and the importance of her being able to continue raising her son at this stage of his young life. Fourteen years ago Ann asked that I be TWr ’s godmother. At the time I was married and already the mother of two young sons. Ann felt that I would be a positive role model in his life and I was more than happy to accept this title. Tdoewspent every weekend with us from the time he was three years old until he turned eight. My boys referred to Ann as "Cousin Ann" ToMM made them consider him more like their little brother rather and their relationship with than their younger cousin. me to - Ann and I always had acioserelationship, therefore it was not a problem tell was spoiled, and it was not a problem for her to reply in a curt manner, "No her that I feltTigmft he isn’t, he just likes attention and you’re going to give it to him". This was the way she handled anyone when it came to T1. very defensive and protective of him. He has always had all of her attention. Well thirteen years later she asked me to do her another favor and that was to raise and watch over her son until she is able to get her freedom back. At the time I was a little overwhelmed by this request, but I am his godmother for more than just weekend visits, Christmas’ and birthdays. I went through the legal system and was awarded guardianship. TOINWhas been in my home for a year now and I have to admit it has not been easy. There have been a lot of adjustments made in my household. My husband and I have had to restructure our budget as well as our time to accommodate a 1 4yr old child. My boys who are TI now 21 and 17 are doing what they can to make T comfortable. My youngest shares his and watches for any abnormal behaviors that TeOW displays. For T11 it room withTIJEW has meant new schools, teachers, friends, and weekly visits to a therapist. (His therapist states he shy’s away from speaking about his mother). We all along with his father (who is disabled), are TVNW does not go under mentally. Whenever my husband and I give trying to make sure that him an update on his mother’s status, he becomes quiet and it seems as if he blocks it out so he does not have to deal with it. He only writes his mother if we put pressure on him. His reason for not writing is; "I don’t want to write my mom because it makes me feel as if I will never see her again." At this point and time I feel that he is struggling with the thought of his mom being away for years. He is doing well in school (honors) and playing sports, but he has not been the same since the guilty plea. Rightfully so, he is only 14 years old and this is about his mother’s fate. I am not a counselor but based on the relationshipS - T his mother have always had, I that and am certain that he will be deeply affected if he has to move on without her. Thank you, Reva Stevenson Stratford, CT 06615 U.1T/Cell: Home: fWork:

f -

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March 9, 012 Honorabl P. Kevin Castel United Sates District Judge Souther -niDistrict of New York RE z
n Pettway

Dear Jud e Castel: --- I filit4e a Basic Computer and Lifeskills class at a nonprofit agency providing quality eduoatioii and job training services that will enable the disadvantaged and underserved- people -of all races to become productive, self-sufficient members of society.position I assist the In this homeles, substance abusers, ex offenders, people with HIV/AIDS and the general public on a daily bais.
-

It gives ne great pleasure to write this letter of support for my student and friend, Ann Pettway that I hve knownwdll over ten years. Ann has overcome great obstacles in her life bing a single mther. Any woman that can still nourish, love, provide and care for her children alone is worthy of the praise that I give her. I know personally how hard it can be to raise children alone because f was a single parent Ann Petway enjoyed helping others, serving others' personal needs and looking after th e comfort --A well-being of others. From the long conversations Ann shared with me, she was Pt happy i4 jobs requiring sociability, politeness, and patience. From what I've known of MsShe ttway she has always had a happy disposition. has always been a hardworking, dedicated provide not only to her children, but to those who have come to know her as well. She would you help yo in any way that she could no matter who were. From what I gathered about Ms. Pettway that in raising her children, she was strict but fair. She had her own set of values and times were challenged by her children, but was rules in4which every parent dues, that at From Afrmn being a student in my class, she used her understanding, patients and concerns for others t keep things running smoothly in her families, and school. She didn't like a lot of Work, as she chaos. Shewanted to get to work right away and learn as much could in the short period of time that we shared throughout the day. She always went out of hr way to be a peacemaker regard1ss of the different personalities she encountered on a day to day basis while working in her profession with the public. Ann priJes herself on being dependable, hardworking and trustworthy. She didn't like being late or anyoie else being late for class because she felt it was an interruption in her learning as much as she could.

Case 1:11-cr-00146-PKC Document 25-1

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Ann aiw ys felt if she kept a good temperament, she would better receive the information that she was btairiing. The role that I felt her temperament played in influencing her educational decide after being out of school for years if she could goalsWa, great because it helped her to continue her education due to time restraints with work. Ann always gave the time that she needed t fully engage in projects that I set out for her to do. This allowed her to solve problems use the skills she learned from her education to become more sufficient in using what was able she learn d. Her main concern is not what she learned, but how she to utilize it a in functional manner. I got to mow Ann not only on a student basis, but while she was employed at the Arena in Bridgeport, CT. She began trust me- and share information with me regarding her employment. to Ann was the type of person that gave her all to a company. This allowed her to go above and a team beyond $he expectations of her employer. She enjoyed working in environment. Althougl she spoke of things not going right within the company as far as co-workers and she supervisors, alsotalked about how she could change the environment to not only benefit her but the oher eniployes also. Years afer Ms. Pettway was a student of mine, we kept in touch. Even after she moved from to Upon relocating Ann called me let me know that she really Connecticut tQ North Carolina. and didn’t always have had nooney, no close friends, was in an unfamiliar environment for financia assistance her day to day living expenses. But she always told me I want to move so that y children would have a better way of life than she did. She was completely on her own. owever, Arm possessed attributes that money cannotShe was resourceful, buy. ambitious, and determined to achieve her goal of obtaining a better way of living for her to let children After, a few months of relocating, Ann called me me knowthat she had found new environment from the change of the employirent and that her son was doing ’very well in moving from North to a Southern state I feel that she has had a great positive impact on her children lives and the lives of people whom a Ann’s teacher, there were great number of lessons I’ve learned from her. Ann is she mees, As a woman that has taught me to hold my head up high no matter what situation She arises. with showed rne that anything can be accomplished hard work and when you put your mind to it. Giventie preceding comments, it should not he surprising that I hold Ms. Pettway in high regards ,rofessionally and personally. A lengthy period of incarceration would continue to devastate Ms. IPettway children, family and Mends. I feel it is crucial that the time-frame be short so it doesn’t continue to have a that his a negative effect on her son who has always hadmother in his life. I am sure he has and as knowinghow longMs Pettway has already deep sadness beenaway am I cxerieneing grief and from heir children. I will always remember her for being ready to assist me with any information I neede !l and always did it so willingly and with a smile. sweet

Sincere’y, CL
KI

Case 1:11-cr-00146-PKC Document 25-1

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March 1, 2Q12 Honorable l. Kevin Castel United Stares District Judge Southern District of New York
RE
Ann Pettway

tree Basic Computer, I am emplcyed with a rionproit job-training and education center that provides rt, Training to the- disadvantaged farnilies in the City of Bridgepo CustomerService, andLife Skills Milford, Nqrwalk, Trumbull, and snrroundng area

As the Depny Director, I had the opportunity to acquaint myself with Ms. Pettway, initially as a student and eventually as a friend. As a student, Ann was always well prepared, demonstrated a depth of understanding and was a valuable asset of the team. Ms. Pettw y consistently achieved good results delivered al expectations and possessed a positive enthusiastic attitude towards her subject matter. S was always willing to do more than what was required. As the friend and most importantly ’Mother" I came to know over the past seven years, Ms. Pettway invited me into her home, her confidence and he heart. She was constantly discussing her children in the most positive light, always concerned and advocating for her children’s education, finances, lifestyle choices and future. Ann is a mature person who takes her ronsibiliries very seriously. or some Ann provided for her children an employee of years as Yard) in Bridgeport, CT. Bank Areria, (formally Arena at Harbor ster the now

7b]

Ann wantei a better way of life for her children and herself. She decided to relocate in the South, to allow housing and education. Ann was to accomplish all three with for employment opportunities, able determinat on and perseverance. I don’t know all that transpired in Ann’s life, but what I have come to know about her has always led me to believe she loved both her children and behaved in a manner t any paxeril would. . .with guidance, support, concern, tears and yes, heartache but most importantly been unconditional love. Ann has always dedicated committed maintaining structured, and loving and to a home for h r children. I can’t imagine the enormous responsibility you have in presiding case let alone over any rendering a sentence, must be very difficult for you. But, I know Ann to be a good, kind sincere person who and made absoutely sure her children and their needs were paramount. My hope is that consider you would

t

and issue a favorable decision in her sentencing phase.

Patricia A. Deputy Di

Case 1:11-cr-00146-PKC Document 25-1

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Case 1:11-cr-00146-PKC Document 25-1

Filed 07/24/12 Page 11 of 11

Trevor Lee June 'es: 56 Saint Michaels Ave. Stratford, CT 06614 203 414-3908
To whom it may concern,

Sincerely, Trevor Lee Pope

June Pope

Case 1:11-cr-00146-PKC Document 25-2

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EXHIBIT B
REDACTED PROVIDED TO THE COURT & GOVERNMENT COUNSEL

Case 1:11-cr-00146-PKC Document 25-3

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EXHIBIT C

Case 1:11-cr-00146-PKC Document 25-3

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DIANA LYNN BARNES, PsyD., M.F.T.
Author of: The Journey to Parenthood: Myths, Reality and What Really Matters. (Radcliffe, 2007). Contributing author: The Encyclopedia of Motherhood (2010). Infanticide

The Center for Postpartum Health 18719 Calvert Street Tarzana, California 91335 Telephone: (818) 887-1312 Fax:(818) 8879606 Web site: wwrwpostparturnhea1th, corn II1EiUOA
June 2000: Psy.D. (Psychology) Ryokan College Los Angeles, California M.A. (Marriage and Family Counseling) California Family Study Center/Phillips Graduate Institute Encino, California B.A. (Child Development) - Summa Cum Laurie California State University, Northridge Northridge, Ca1iforaia
11 J

May 1991:

May 1986:

October 2010

Mental Health in the Legal Arena Marce Society/Postpartum Support International Annual Meeting Pittsburgh, Pennsylvania Maternal Depression and Disrupted Attachment webcouference for www.goodtherapy.org Maternal Depression and Disrupted Attachment Conejo Valley Mental Health Association Thousand Oaks, CA Perinatal Mood Disorders - Assessment and Treatment Mental Health Task Force San Bernardino California

August 2010

June 2010

March 2010

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February 2010

Maternal Depression and Disrupted Attachment Prevent Child Abuse Conference Dallas, Texas Perinatal illness: Improving its Assessment Pediatric Grand Rounds USC Keck School of Medicine The Transition to Parenthood: Exploring the Psychological and Emotional Journey of Preguancy and the Postpartum Period International Childbirth Education Association - Annual Conference Oklahoma City, California Postpartum Depression: Its Impact on Couples and Marital Satisfaction American Association of Marriage and Family Therapists - Annual Conference Sacramento, California Perinatal Mood Disorders: Improving Assessment Therapists' Training California Lutheran University Thousand Oaks, California Postpartum Depression and Disrupted Attachment Postpartum Support International Annual Conference Los Angeles, California Forensics and Postpartum Depression Postpartum Support International Annual Conference Los Angeles, California Perinatal Mood Disorders:- The Myth of Maternal Bliss Clinical Training, South Bay Society of Clinical Social Workers Torrance, California Perinatal Mental Illness - hnproving its Assessment Clinical Training, California Lutheran University Thousand Oaks, California Women's Reproductive Mental Health in the Legal Arena Keynote panel - Postpartum Support International annual conference Houston, Texas Maternal Depression and Disrupted Attachment March of Dimes - Visiting Professorship University of Texas Nursing School Houston, Texas

January 2010

October 2009

October 2009

September 2009

August 2009

August 2009

\March 2009

February 2009

June 2008

April 2008

2

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March 2008

Screening Across the Continuum - the language of postpartwn depression Los Angeles Best Babies Network Los Angeles, California Postpartum Depression: Its impact on couples and marital satisfaction International Family Therapy Association Meeting Porto, Portugal Screening instrument and risk assessment Nurse staffing Henry Mayo Newhall Memorial Hospital Valencia,Califoa Perinatal Mood Disorders - Assessment and Treatment In-service for community mental health professionals Henry Mayo Newhall Memorial Hospital Valencia California Maternal Depression and Disrupted Attachment American Psychotherapy Association annual conference Kansas City, Missouri Couples and Postpartum Depression: Impact on Marital Satisfaction Postpartum Support International - annual conference Kansas City, Missouri Assessment and Treatment of Perinatal Mood Disorders Phillips Graduate Institute Encino, California Assessment and Treatment of Perinatal Mood Disorders A pre-conference training institute American Association of Marriage and Family Therapists Annual meeting Austin, Texas Assessment and Treatment of Perinatal Mood Disorders California Association of Nurse Practitioners annual meeting San Diego, California

March 2008

January 2008

_ November 2007

October 2007

June 2007

March 2007

October 2006

March 2006

January 2006

Assessment and Treatment of Perinatal Mood Disorders Grand Rounds Luncheon - OB/Gyn staff Henry Mayo Memorial Hospital Valencia, California Maternal Depression and Disrupted Attachment Keynote Speaker - annual attachment conference
3

November 2005

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Regional meeting - Synchrony of Visalia Mental Health Visalia, California September 2005 Assessment and treatment of perinatal mood disorders Lamaze International - annual conference Austin, Texas Maternal Depression and Disrupted Attachment Superior Court of Los Angeles Mediator Training - Perinatal MoodDisorders Assessment and Treatment Regional meeting - Turning Point Mental Health Visalia, California Assessment and Treatment of Perinatal Mood Disorders 62nd Annual meeting AAMFT Atlanta, Georgia Grief Recovery Becoming emotionally complete 37th Annual Conference - American Association of Suicidology Miami, Florida

July 2005

June 2005

September 2004

April 2004

October 2003

Maternal Depression and Disrupted Attachment 61" Annual Meeting AAMFT Long Beach, California Assessment and Treatment of Perinatal Mood Disorders Pomona Valley Hospital - Perinatal Symposium Pomona, California Assessment and Treatment of Postpartum Mood Disorders Labor and Delivery, Clinical Training Los Robles Hospital Thousand Oaks, California Assessment and Treatment of Postpartum Mood Disorders Labor and Delivery, Clinical Training Verdugo Kills Hospital Glendale, California

April 2003

June 2002:

June 2002:

May 2002:

Maternal Depression and Disrupted Attachment California Association of Marriage and Family Therapists 38th Annual Conference Redondo Beach, California

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May 2002:

Assessment and Treatment of Postpartum Depression Los Angeles County Department of Health Services-California Hospital Los Angeles, California

May 2002:

Maternal Depression and Disrupted Attachment La Leche League Annual Regional Conference Costa Mesa, California and Treatment of Postpartum Mood Task Force - Office of the District Attorney of Ventura County Simi Valley Police Department, California

March 2002:

Assessment and Treatment of Postpartum Depression Tarzana Hospital Tarzana, California Ambivalence as a Risk Factor in the Onset of Postpartum Depression 10th Annual International Congress Association of Prenatal and P erinatal Psychology and Health San Francisco, California

December 2001:

May 2001:

Maternal Depression and Disrupted Attachment LeLeche League Regional Annual Conference Costa Mesa, California "Project Russia" International Visitor's Council of San Diego, California Assessment and Treatment of Postpartum Depression San Diego, California Staff Training on Postpartum Depression - Symptoms and Risk Factors WIC Public Health Agency Van Nuys, California Assessment and Treatment of Postpartum Depression Maple Counseling Center Beverly Hills, California Ambivalence as a Risk Factor in Postpartum Depression Marce Society International Conference London, England Systemic Implications for the Treatment of Postpartum Depression Thalians Mental Health Center

April 2001:

March 2001:

February 2001:

September 2000:

April 2000:

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CeclarSinai Medical Center Los Angeles, California

April 2000:

Using Risk Factors to Assess for Postpartum Depression The Center for Parent/Infant Development Encino, California Assessment and Treatment of Postpartum Depression Lactation Institute Encino, California Postpartum Depression and the Impact on the Family System WIC Conference Sacramento, California Postpartum Depression and Maternal Abuse Maroc Society International Conference Iowa City, Iowa Postpartum Depression and Family Systems Maroc Society International Conference London, England Training on Postpartum Depression Northeast Medical Corporation Irwindale, California Staffing on Postpartum Depression Verdugo Hills Hospital Glendale, California The Biological Functions of Depression Phillips Graduate Institute Encino, California

September 1999:

April 1999:

June 1998:

September 1996:

November1995:

September 1995:

July 1995:

April 1995:

Nurse Staffing on Postpartum Depression Northridge Hospital Northridge, California

-lawl talk 1011

X-I-

6

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Wall Street Journal Los Angeles Times Pasadena (Texas) Citizen Colorado Springs Gazette Chicago Tribune Seattle Times Sun Journal - Maine

TELEVISION APPEARANCES (including)
KCET (A Place of Our Own) CBS Early Show CNN MSNBC Fox News Network CBS Television News KCAL-TV, Los Angeles Inside Edition Lifetime Television, "Speaking of Women’s Health" Discovery Health Channel, "Berman and Berman--For Women Only"

Michael Jackson Show (KLAC - Los Angeles, California) Dana Sturgeon Show (KPRZ - San Diego, California) Ron Green Show (CHML - Hamilton, Ontario, Canada) John Gormley Show (CJME - Saskatchewan, Canada)

7

Case 1:11-cr-00146-PKC Document 25-3

Filed 07/24/12 Page 9 of 12

August 1996 to Present:

Pierce College - Woodland Hills, California Los Angeles Valley College Van Nuys, California Adjunct Faculty Status at both colleges Department of Child Development, Family and Consumer Studies Learning Tree University - Chatsworth and Thousand Oaks, California Faculty Status at both campuses Personal Development and Women's Studies

1995to 1999:

April 1996:

"The Facts About Postpartum Depression (For Tender Care)" St.-Joseph's Hospital Burbank, California Paraprofessional class on "The Reproductive Lifecycle of the Female as it Pertains to Psychiatric Illness" University of Judaism Bel Air, California

November1995:

May 2009

Recipient of the Welcome Back Award for Lifetime Achievement for "courage and achievement in the depression community." Presented by Eli Lilly in San Francisco, California Recipient of the Jane Honikman (Postpartum Support International Founder) Award for outstanding contributions in the field of women's health and childbearing "Postpartum Depression: Its Impact on Couples and Marital Satisfaction" The Journal of Systemic Therapies 'PTSD in Preguancy (co-authored with Cheryl Beck) Annals of the American Psychotherapy Association "What Midwives Need to Know About Postpartum Depression" Midwifery Today g Postpartum Mood Disorders "A Closer Look: Understandin (professional journal of the American Family Therapy Magazine Association of Marriage and Family Therapists) "Words to Ease the Pain" Los Angeles Family Magazine "Fighting the Postpartum Blues" Los Angeles Family Magazine
8

June 2007

Fall 2006

Summer 2006

Spring 2002: January 2002:

June 2001:

May 2000:

Case 1:11-cr-00146-PKC Document 25-3

Filed 07/24/12 Page 10 of 12

February 2000:

"Forum on the Family - Respect" The University for Parents Poster presentation describing the consequences of maternal abuse on the new mother and the correlation with the onset of postpartum depression. International Conference on Postpartum Depression in coordination with The Marce Society and Postpartum Support International Iowa City, Iowa (1 of 43 posters accepted internationally) Recipient of- the -"First Alumni Achievement Award’. Outstanding contribution to the Field of Human Development California State University at Northridge Northridge, California Poster describing systemic treatment approach for postpartum depression. Presented at Marce’ Society’s International Conference on Postpartum Depression London, England (1 of 20 posters accepted internationally) "Postpartum Depression" (Newsletter of the California Perinatal Association) Periscope "The Truth About the Baby Blues" The Wet Set Gazette "Postpartum Depression, A Reflection" 7, The California Therapist, Vol. Issue 1 (Included in the syllabus for the annual Perinatal Symposium at Pomona Valley Hospital at Pomona, California)

June 1998:

--June 1997:

September 1996:

Summer 1995:

July 1995:

January to February 1995:

Author of:

The Journey To Parenthood: Myths, Reality and What Really Matters Radcliffe Press Oxford, England Publication date - March, 2007 Transitions to Parenthood A Clinicians’ Guide to the Psychological Experience of Becoming a Parent Publication Date - March 2008

Author of:

Case 1:11-cr-00146-PKC Document 25-3

Filed 07/24/12 Page 11 of 12

2009

a startedThe Motherhood Consortium -networking and education forum for those individuals in the Los Angeles area who work with mothers and babies. Program Director and Clinical Consultant Henry Mayo Newhall Memorial Hospital Moms Outreach Perinatal Program contributing writer to updated guidelines for the Perinatal Advisory Council - Los Angeles County Nationallyknownforensic-expert Cases including: pregnancy denial and neonaticide, infanticide, child abuse

2008

2007

January 2006

Life and Times KCET Featured on a segment devoted to understanding postpartum depression Medical Diary Discovery Health Channel PPD Interviewed Expert A Mother’s Confession (story on postpartum psychosis) MSNBC Consultant and Interviewed Expert Collaborated with Women’s Pavilion on a pregnancy program for the Tarzana Hospital "Transitions to Parenthood." Tarzana, California Advisory Board Consultant Baby's World Magazine Feature Writer for

August 2001:

April 2001:

January 2000:

January 1996 to 1998:

July 1997:

Consultant and National Spokesperson "Thumbuddy," the Baby’s Security Blanket Manufacturer, Luv Dat Baby Beverly Hills, California Children 'sMagazine Feature Writer for Author of Celebrity Parenting. Famous Parents Share Personal Stories "The Parent Profile" (Creator and Co-Producer) CBS Radio Hosted by Paula Zahn
10

1995 to 1999: January 1993: January 1991 to 1993:

Case 1:11-cr-00146-PKC Document 25-3

Filed 07/24/12 Page 12 of 12

President:

Postpartum Support International (2002-2004) President's Advisory Council: (2004 - present). American Psychotherapy Association, Fellow American Association of Marriage and Family Therapists California Association of Marriage and Family Therapists North American Society of Psychosocial Obstetrics and Gynecology Angeles-County Peata1 Mental Health Task Force

Member:

Member: -

Advisory Board: Los Angeles Best Babies Collaborative (2003-2005) Los Angeles, California

11

Case 1:11-cr-00146-PKC Document 25-4

Filed 07/24/12 Page 1 of 3

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MILTA 91

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EXHIBIT F

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