Battered wife's murder conviction ove...

Battered wife's murder conviction overturned by WV Supreme Court of Appeals

There are 137 comments on the www.herald-dispatch.com story from Jun 5, 2009, titled Battered wife's murder conviction overturned by WV Supreme Court of Appeals. In it, www.herald-dispatch.com reports that:

CHARLESTON -- The state Supreme Court of Appeals overturned a Culloden woman's murder conviction Thursday, and set forth new case law regarding self-defense and domestic violence.

By a 4-1 vote, the high court remanded Tanya Harden's case back to Cabell Circuit Judge Alfred Ferguson. The opinion ordered immediate acquittal and release.

Harden, 33, had been sentenced to life in prison with mercy. She was transferred to the Lakin Correctional Center in Aug. 7, 2007. She walked out of the Mason County prison Thursday. Her appellate attorney, Russel S. Cook, transported her to a family residence....

Join the discussion below, or Read more at www.herald-dispatch.com.

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“God Bless America ”

Since: Jan 07

Location hidden

#122 Oct 24, 2009
Twenty years ago. They have all left office since then, all retiring with honor. We tried everything, including many attorneys, the Governor, even newspapers. No one would help, and this added to my son's pain. Knowing no one in authority cared enough to even talk to this man who had ruined his life devastated my son, leaving him with a total lack of faith in justice. However, he got a little justice in his own way. Still angry, when he became an adult, he purchased a yellow car, put signs all over it about what the man had done to him, and parked in front of the man's house. The police came and demanded he leave but he stood his ground and remained because they had no legal reason to arrest him. The neighbors shunned the man and his wife divorced him. I felt badly about the wife because she, too, was an innocent victim; but man certainly deserved it.
been_there wrote:
<quoted text>
Am curious... How long ago did this happen? Are these "Justice For All" imposters still in office? I am asking this because I would not give up the fight. Your son deserves justice, even many years later, if that is the case!!! I know it will never stop the pain, but it could ease it a bit or even give him a bit of satisfaction.

“God Bless America ”

Since: Jan 07

Location hidden

#123 Oct 24, 2009
Correction: I meant to say "Knowing no one in authority cared enough to even talk to this man who had ruined his life, my son was devastated and left with a total lack of faith in justice."
been_there

United States

#124 Oct 25, 2009
I can't say that there are many out there that have any faith in the legal system anymore. Your son attempted to find closure in his own way, a very creative way to say the least! Logan, I would continue to fight, good things CAN still come from your fight...things like JUSTICE! I can't tell you what to do, I don't know the exact pain and humiliation your son endures, but I do believe that if there is a will, there is certainly a way!

“God Bless America ”

Since: Jan 07

Location hidden

#125 Nov 4, 2009
Sorry I didn't responded sooner but the day of your post, I tripped and fell in church and broke my right arm, making typing difficult.

Thanks for your kindness. Your courtesy after my obnoxiousness has caused me to rethink some things, altering my views somewhat. Perhaps what happened to my son caused me to become cynical. I'm sure you're correct about widespread lack of faith in the law. Too many have been let down by the authorities who should help but fail to do so; so crimes flourish when there are no consequences. Both my son and I do whatever we can when we learn of an injustice but, ufortunately, we haven't accomplished much. Helping other victims is his way of dealing with his pain so, in view of that, I should have been more understanding of all of you. Have a good day.
been_there wrote:
I can't say that there are many out there that have any faith in the legal system anymore. Your son attempted to find closure in his own way, a very creative way to say the least! Logan, I would continue to fight, good things CAN still come from your fight...things like JUSTICE! I can't tell you what to do, I don't know the exact pain and humiliation your son endures, but I do believe that if there is a will, there is certainly a way!
Be the change

Vancouver, WA

#126 Nov 6, 2009
Logan - I stopped reading anything you posted when you stated that staying with an abuser was the same as giving permission for the abuser's behavior.
been_there

United States

#127 Nov 7, 2009
Logan, I hope you are doing well with your arm. Am sorry to hear that.

I DO believe that helping others is a way to deal with the pain and also firmly believe that speaking of it helps tremendously.

In the light of things, there is nothing wrong with having your own opinion. BUT, there is a great injustice to victims when fingers are pointed as if a victim of abuse can control it. Honestly, if it was a situation the victim COULD control, there would most likely be no such thing as domestic violence. Most of these women have stated and tried to explain that they lose control of all self esteem and basically become a puppet in the hands of the abuser. I am aware that there is help out there, but when you are in a situation such as DV, you don't know where to turn quick enough to find help. Time is a sensitive thing when you are a victim. I know the day I found help I was actually chased down the road as I ran as fast as I could with 35 pennies in my hand to cash in for a quarter and a dime to make a call. As I ran, I was followed by my abuser. See, going for help or leaving isn't always the safest route to go. My abuser stopped as I entered a store and he waited outside for what seemed an eternity. When he finally left, I called for help. After I was taken to the hospital for stitches and such, I was served with domestic violence papers as if he was the victim! With that, I lost ALL faith in the legal system.

Domestic violence is a growing epidemic and society MUST pull together to put a stop to it.

“God Bless America ”

Since: Jan 07

Location hidden

#128 Nov 7, 2009
Your privilege.
Be the change wrote:
Logan - I stopped reading anything you posted when you stated that staying with an abuser was the same as giving permission for the abuser's behavior.

“God Bless America ”

Since: Jan 07

Location hidden

#129 Nov 8, 2009
Thank you. I'm learning to adjust to using my left hand and doing much better.

I agree that helping others helps with one's own pain, for it helped my son when he met with other victims of sexual abuse. Last night I watched Larry King interview abuse victims and was disgusted by the audacity of Chris Brown.I concluded he actually thinks he did nothing wrong. Someone needs to give him a taste of abuse so he can develop a better understanding of right and wrong.

I appreciate your sharing the scary incident of escaping. How frightened you must have been! I'm certainly glad you made it. He sounds like Brown, thinking he was guiltless, apparently. The minds of violent men must be totally different from those of normal persons since they have such tendencies to deny they did wrong. His accusing you of what he did indicates a devious and warped brain.

You have good reason to lose faith in the legal system, as do many. I think a part of the corruption has to with the fact that most judges are male and tend to lean toward the man.
been_there wrote:
Logan, I hope you are doing well with your arm. Am sorry to hear that.
I DO believe that helping others is a way to deal with the pain and also firmly believe that speaking of it helps tremendously.
In the light of things, there is nothing wrong with having your own opinion. BUT, there is a great injustice to victims when fingers are pointed as if a victim of abuse can control it. Honestly, if it was a situation the victim COULD control, there would most likely be no such thing as domestic violence. Most of these women have stated and tried to explain that they lose control of all self esteem and basically become a puppet in the hands of the abuser. I am aware that there is help out there, but when you are in a situation such as DV, you don't know where to turn quick enough to find help. Time is a sensitive thing when you are a victim. I know the day I found help I was actually chased down the road as I ran as fast as I could with 35 pennies in my hand to cash in for a quarter and a dime to make a call. As I ran, I was followed by my abuser. See, going for help or leaving isn't always the safest route to go. My abuser stopped as I entered a store and he waited outside for what seemed an eternity. When he finally left, I called for help. After I was taken to the hospital for stitches and such, I was served with domestic violence papers as if he was the victim! With that, I lost ALL faith in the legal system.
Domestic violence is a growing epidemic and society MUST pull together to put a stop to it.
Only god can judge me

Scarborough, ME

#130 Nov 9, 2009
Logan I have to say that I stopped responding but kept reading your posts and I have to say I have a lot of respect for you for apoligizing. You are right you have a right to your opinion and I respect that but the problem I had with it was how you went about sharing it...The way you worded things and the reasons you gave for your viewpoint made me feel as if you were blaming woman for what the man had done....and I think you would agree that we can only be responsible for ourselves and no other. Your wording also made me (all woman in general really) feel so degraded because we had been abused...Just thought I would share that in a "nice" way....I mean no offense when I share that.
It's nice to know that even though you "presented" yourself as someone who was cold and heartless....obviously my impression was wrong and I too send an apoligy your way...we are all human and we can all admit when we overreact and act a little childish....and I am guilty of that.
I wish you a quick recovery with your arm and hope you have a nice day...
Voice of Reason

United States

#131 Nov 9, 2009
"and was disgusted by the audacity of Chris Brown.I concluded he actually thinks he did nothing wrong. "

Let's see, rihanna spent roughly an hour beforehand telling him she was [pregnant, then was gonna leave him ,then raged at him, etc. It sounded to me that she acted like a perp, not Brown. I agree the guy's a jerk, but so is she. Funny how she did that manipulation, and you are against it, but now are letting her off the hook?
My Grandma got pregnant as part of a fight between her and my Grandad back 50 years ago. My aunt, and her, murdered the baby after it was born. My aunt told me and my Dad she was getting beaten by her hubby, who somehow got all of the possessions they had, and they made it sound like she was a martyr going back and only getting her things.
But, what they left out was, her hubby filed for cause in Ohio, and she had been fooling around on him for years and years, just like her mother. She made up the story, shaming my uncle, who was completely innocent, to cover for her rampant adultery.
I have to say ,after hearing this bull for most of my life, I think the new laws in WV are a good idea, stopping overly protecting women. Obviously since they mainly come up when money does, and I witnessed hpd's total lack of enforcement of any laws, plus sleeping with my cousin and covering her drug dealer boyfriend plez, I think there is more to the story. An hpd cop death threated me for exposing plez.
Nice, eh? This and my family's experience make me question what the laws actually do. They seem to allow people to do anything they want to if they are female, but nothing when they are being abused. It seems to me it's more about status and money, than protection.
My family's experience proves that, too. No reason to get pregnant, blame your hubby, and have you and your daughter commit murder, just cuz you are trying a new way to win an argument. Given Wayne had abortionists back then, no reason to wait until birth ,except to press your point. And hurt.

Funny how the laws help them do that.
Plez Stinks

United States

#132 Nov 9, 2009
Plez beat the crud out of her, 6 weeks before she got her eitc check ,just as her last boyfriend had the year before, just before he went back right after his parole went up.
We called hpd, and my cousin told them I was beating my honey ,which was not true. It took me a longtime to fix that. Then, she told me she wanted to get rid of her son, Jerome. I stopped that one too ,by working with Kent Bryson. The family told me he was black, the son ,and therefore worthless, so he'd be better off away from her. Just like the dead baby, I think.

But she can get away with that, since no one stopped her for beating her son, calling him a n-word, and claiming he hit her first. He only got out of the system when I intervened. But HE faced charges, not her, despite her abuse, neglect, alcoholism and drug addiction.

So, what are the laws protecting, then?

They didn't help my cousin, or her son one bit. Or the dead boy baby. But they did help others get away with murder, neglect, and abuse, racist abuse too. And she was the one, if anyone should be blamed for getting preggers and hating her own kid.

So, why aren't the laws protecting children? Or is hpd so protective of the women they get some on the side with, they will allow them to do all this and more? And why?

She called him an n-word, hit him , and he went to a re-education camp for hitting her? Why? Women can beat their kids and subject them to racism, and that is fine? In huntington it is, thanks to hpd, and the state's weird law enforcement.
Plez Stinks

United States

#133 Nov 9, 2009
"we haven't accomplished much"

People know now. That's a lot. don't run yourself down. It's hard to fight city hall ,when it's totally evil. But the cops are too, so it's even more.

But you let people know. So do I. I don't want another male member of my family set up for nothing, or buried in an unmarked grave underneath a tree. I knwo exactly how you feel.

Good job on posting here. It will help get the word out.
Only god can judge me

Waterville, ME

#134 Nov 13, 2009
To Voice of Reason....and ..ummm....Plez Stinks.....WHAT?

“God Bless America ”

Since: Jan 07

Location hidden

#135 Nov 15, 2009
Thank you so much. I hadn't realized broken bones hurt so much so this has given me more sympathy for others with the same problem. It's a good lesson about being too quick to judge because I likewise don't know how it feels to be abused; so as many of you pointed out, I may have felt differently had I been abused. After rereading some of my posts, I realized I was overbearing and could have been more sympathetic.
Only god can judge me wrote:
Logan I have to say that I stopped responding but kept reading your posts and I have to say I have a lot of respect for you for apoligizing. You are right you have a right to your opinion and I respect that but the problem I had with it was how you went about sharing it...The way you worded things and the reasons you gave for your viewpoint made me feel as if you were blaming woman for what the man had done....and I think you would agree that we can only be responsible for ourselves and no other. Your wording also made me (all woman in general really) feel so degraded because we had been abused...Just thought I would share that in a "nice" way....I mean no offense when I share that.
It's nice to know that even though you "presented" yourself as someone who was cold and heartless....obviously my impression was wrong and I too send an apoligy your way...we are all human and we can all admit when we overreact and act a little childish....and I am guilty of that.
I wish you a quick recovery with your arm and hope you have a nice day...
Mavis

United States

#136 Sep 14, 2012
Gracious sakes really noone is correct here- you cant honestly know how the abused feels or whats shes endured- i agree no one has the right to take a life and so much help is out there but thats why we have a justice system to ensure that when things like this happens it can be sorted out and justice be served however it seems fit- thankfully its not left up to people that bicker and fuss and try to outwit others and say there this or that-i just dont get it
Hulaboo

Bronx, NY

#137 Sep 14, 2012
Mavis wrote:
Gracious sakes really noone is correct here- you cant honestly know how the abused feels or whats shes endured- i agree no one has the right to take a life and so much help is out there but thats why we have a justice system to ensure that when things like this happens it can be sorted out and justice be served however it seems fit- thankfully its not left up to people that bicker and fuss and try to outwit others and say there this or that-i just dont get it
I'm sure they appreciate your comments on an argument that ended 3 years ago.
Tabby

Charleston, WV

#138 Feb 2, 2013
Logan wrote:
<quoted text>What you need is to realize that you don't have an edge on me because you're supposedly a corrections officer. That gives you no special understanding; all it means is you're in a position to treat an individual however you see fit because you have the power to do so. I've seen some of the West Virginia correction officers in action, and I can't say I was impressed with their violence and discrimination.

As for life experiences, I believe I've gained more that sufficient knowledge in that area; and for street smarts, I, too, am well experienced in that field. If all you know about life is what you learned from being a corrections officer, your knowledge is too limited for you to tell me to "get a dose of reality".

You can excuse the abused for allowing themselves and their children to be abused but I don't. If a woman is so asinine as to let a man repeatedly beat her and her children, she doesn't have my sympathy. If she doesn't know how to walk away and protect her children and herself, she has more than just the problem of abuse; she lacks intelligence.

As for my knowing everything, I apparently know more than you, Ms. Einstein. Btw, I am a former counselor.
It wasn't approved murder I was locked up with her an that woman was put through horrors you could never imagine!!! Most states still have justifiable homicide and wv should too

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