pettway sentencing defence memo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

-- - - - - - - - - - x

UNITED STATES OF AMERICA

AJNtJGETTA PETTWAY,

11 CR 146 (PKC)

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 Tel.: (212) 417-8700

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 New York, New York 10007 Attn: Andrea Surrat, Esq.

Jillian Berman, Esq. Assistant United States Attorneys

Case 1:11-cr-00146-PKC Document 25 Filed 07/24/12 of 28

TABLE OF CONTENTS

Table of Authorities ii

I. MS. PETTWAY’S BACKGROUND AND OFFENSE CONDUCT .............1

A. Ms. Pettway’s Psychological Condition Twenty- five Years Ago ......................................2

B. Ms. Pettway’s Life As A Mother ......................4

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. The Statutory Standard ..............................8

B. 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

2. Prolonged Incarceration Into Old Age Is Unnecessary And Does Not Justify the Cost ..............................12

3. The Correct Guidelines Range is 121-151 Months ................................14

4. A Sentence of 121 Months is Sufficient But Not Greater Than Necessary to Meet the Goals of Sentencing ....................................20

5. The PSR’s Recommendation is Overly Harsh and Focuses Solely on Retribution for the Victim Biological Parents ............................21

1


CONCLUSION 24

CASES

Chatwin v. United States, 326 U.S. 455 (1946) ..........., 19, 20

STATUTES AND OTHER AUTHORITIES

18 U.S.C. � 3553 (a) (1) (3) ................................. 9, 12

18 U.S.C. 5 2(B) .................. , .......................13

18 U.S.C. 5 1201(a) ..........................................23

18 U.S.C. 5 3553(a) ....................................1, 8, 22

18 U.S.C. � 3553 (a) (1) (3) .....................................9

18 U.S.C. � 3553 (a) (1) (4) .....................................9

18 U.S.C. 5 3553 (a) (1) (5) .....................................9

18 U.S.C. 5 3553 (a) (1) (6) .....................................9

18 U.S.C. 5 3553 (a) (2) ........................................ 9

McKinney’s Penal Law � 221.05 ................................16

United States Sentencing Guidelines

S2A4,1 ....................................................19

� 2A4.1(b) (4) (A) .......................................19, 20

� 3A1.1 ....................................................19

� 4A1,2(e) (1) ..............................................16

� 4A1.2(e) (2) ..............................................16

� 4A1.3(b) .................................................16

ii


Ronald H. Aday, Aging Prisoners: Crisis In American Corrections (Nov. 2003) ............ ....... 12

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 13

Timothy Hughes et al., Trends in State Parole, 1999-2000, BUREAU.JUST.STAT.SPECIAL.REP. (Oct.2001), http: //www,bjs.gov/content/pub/pdf/tsp00,pdf ............ 11

Molly Fairchild James, The Sentencing of Elderly Criminals, 29 Am, Crim., L. Rev. 1025 (1992) .......................13

Kying Yon Jhi & Hee-Jong Joo, Predictors of Recidivism Across Major Age Groups of Parolees in Texas, JUST. POL'Y J., Spring 2009 .............................. ii

Patrick McMahon, Aging Inmates Present Prison Crisis, USA TODAY, Aug. 10, 2003, Nation Section ................ 12

Mike Mitka, Aging prisoners Stressing Health care System, 292 JAMA 423 (2004) ..................................... 12

Joan Petersilia, California's Paradox of Excess and Deprivation, 37 Crime & Jut. 207 (2008) ................. 13

Correctional Health Care, Addressing the Needs of Elderly, Chronically Ill, and Terminally Ill Inmates, U.S. Department of Justice, National Institute of Corrections, 2004 Ed. Pp. 9-10 ............................... 12

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

iii


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


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

as Exhibit A. In 1998, Ms. Pettway had a son, T_ , and he and

-- 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


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


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


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


daughter lived with Ann and TI.1, until S was about 2

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. TJ@Nkt tells the Court that loved

Ann and always wanted to be at the house with Ann and T

When TL...-was 10 years old and Nedjra's baby was about 4,

Ann and moved to North Carolina. did not like his

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


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


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 MEET THE GOALS OF SENTENCING PURSUANT TO 18 U.S.C. � 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;

[�]


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 characterization of the Defendant Make Her an Ext remely Low

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


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-offend-

Aside 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


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, Predictors of Recidivism

Across Major Age Groups of Parolees in Texas, 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

of the Federal Sentencing Guidelines 28 (2004) (finding that

recidivism rates drop dramatically for offenders over 50 at

sentencing) . Recidivism rates are also lower for female

11


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 Age Is U=ecessary Ana Does Not 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. Department of

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, Aging Inmates Present Prison

Crisis, USA TODAY, Aug. 10, 2003, Nation Section. Prisoners 50

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


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


3 The Correct Guidelines Range is 121151 Months

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


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


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 U.S,S.G. � 4A1.3(b)

(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


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


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


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


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 121-

151, the original stipulated range.

A Sentence of 121 Months is Sufficient But Not Greater Than Necessary to Meet the Goals 41 Sen tencing . ..

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. � 2A4.1

IIJ


Commentary, background (explaining that federal kidnapping cases

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.

Harsh 5. and Focuses Solely on Retribution for the Victim Biological Parents

I."

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


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 parents,

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

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


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


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


EXHIBIT A

Case 1:11-cr-00146-PKC Document 25-1 Filed 07/24/12 Page 1 of 11

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~


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 Pettway, not only as sister, but also as a friend. We 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 8-year-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


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. Nejdra's daughter, comes by often and always asks about her Binki (her nickname for Ann) . Ann calls from the jail to speak with SOMM and glainvAi asks why Binki doesn't see her anymore. I know that Sgpwpd misses Ann. SOMOW 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


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 is based on her son Tam - 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" � and their relationship with ToMM made them consider him more like their little brother rather than their younger cousin.

- Ann and I always had acioserelationship, therefore it was not a problem me to tell her that I felt Tigmft was spoiled, and it was not a problem for her to reply in a curt manner, "No 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 re-structure our budget as well as our time to accommodate a 1 4yr old child. My boys who are now 21 and 17 are doing what they can to make T TI comfortable. My youngest shares his room with TIJEW and watches for any abnormal behaviors that TeOW displays. For T11 it 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 trying to make sure that TVNW does not go under mentally. Whenever my husband and I give 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 relationship that T S - and his mother have always had, I am certain that he will be deeply affected if he has to move on without her.

Thank you,

Reva Stevenson

Stratford, CT 06615 Home: U.1T/Cell: fWork: f -


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. In this position I assist the 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 known wdll 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 the comfort --A well-being of others. From the long conversations Ann shared with me, she was happy i4 jobs requiring sociability, politeness, and patience. From what I've known of Ms- Pt

ttway she has always had a happy disposition. She 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 help yo in any way that she could no matter who you 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 rules in4 which every parent dues, that at times were challenged by her children, but was

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, Work, and school. She didn't like a lot of chaos. She wanted to get to work right away and learn as much as she 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.


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 goals Wa, great because it helped her to decide after being out of school for years if she could 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 she learn d. Her main concern is not what she learned, but how she was able to utilize it in a 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 to trust me- and share information with me regarding her employment. Ann was the type of person that gave her all to a company. This allowed her to go above and beyond $he expectations of her employer. She enjoyed working in a team environment.Althougl she spoke of things not going right within the company as far as co-workers and supervisors, she also talked 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 Connecticut tQ North Carolina. Upon relocating Ann called me to let me know that she really had nooney, no close friends, was in an unfamiliar environment and didn’t always have financia assistance for 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 cannot buy. She was resourceful, ambitious, and determined to achieve her goal of obtaining a better way of living for her children After, a few months of relocating, Ann called me to let me know that she had found employi rent and that her son was doing ’very well in the new environment from the change of 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 she mees, As Ann’s teacher, there were a great number of lessons I’ve learned from her. Ann is a woman that has taught me to hold my head up high no matter what situation arises. She showed rne that anything can be accomplished with 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 that it doesn’t continue to have a negative effect on her son who has always had a his mother in his life. I am sure he has and as am I cxerieneing grief and deep sadness knowing how long Ms Pettway has already been away 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 sweet smile.

Sincere’y,

CL KI


March 1, 2Q12

Honorable l. Kevin Castel United Stares District Judge Southern District of New York

RE Ann Pettway

I am emplcyed with a rionproit job-training and education center that provides tree Basic Computer, Customer Service, and Life Skills Training to the- disadvantaged farnilies in the City of Bridgeport, 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. She 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 her 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 years Ann provided for her children as an employee of 7b] ster

the now Bank Areria, (formally Arena at Harbor Yard) in Bridgeport, CT.

Ann wantei a better way of life for her children and herself. She decided to relocate in the South, to allow for employment opportunities, housing and education. Ann was able to accomplish all three with 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 that any paxeril would. . .with guidance, support, concern, tears and yes, heartache but most importantly unconditional love. Ann has always been dedicated and committed to maintaining a structured, and loving home for h r children.

I can’t imagine the enormous responsibility you have in presiding over any case let alone rendering a sentence, t must be very difficult for you. But, I know Ann to be a good, kind and sincere person who made absoutely sure her children and their needs were paramount. My hope is that you would consider and issue a favorable decision in her sentencing phase.

Patricia A. Deputy Di


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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


EXHIBIT B REDACTED

PROVIDED TO THE COURT & GOVERNMENT COUNSEL


EXHIBIT C


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

May 1991: M.A. (Marriage and Family Counseling) California Family Study Center/Phillips Graduate Institute Encino, California

May 1986: B.A. (Child Development) - Summa Cum Laurie California State University, Northridge Northridge, Ca1iforaia

11 J

October 2010 Mental Health in the Legal Arena Marce Society/Postpartum Support International Annual Meeting Pittsburgh, Pennsylvania

August 2010 Maternal Depression and Disrupted Attachment webcouference for www.goodtherapy.org

June 2010 Maternal Depression and Disrupted Attachment Conejo Valley Mental Health Association Thousand Oaks, CA

March 2010 Perinatal Mood Disorders - Assessment and Treatment Mental Health Task Force San Bernardino California


February 2010 Maternal Depression and Disrupted Attachment Prevent Child Abuse Conference Dallas, Texas

January 2010 Perinatal illness: Improving its Assessment Pediatric Grand Rounds USC Keck School of Medicine

October 2009 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

October 2009 Postpartum Depression: Its Impact on Couples and Marital Satisfaction American Association of Marriage and Family Therapists - Annual Conference Sacramento, California

September 2009 Perinatal Mood Disorders: Improving Assessment Therapists' Training California Lutheran University Thousand Oaks, California

August 2009 Postpartum Depression and Disrupted Attachment Postpartum Support International Annual Conference Los Angeles, California

August 2009 Forensics and Postpartum Depression Postpartum Support International Annual Conference Los Angeles, California

\March 2009 Perinatal Mood Disorders:- The Myth of Maternal Bliss Clinical Training, South Bay Society of Clinical Social Workers Torrance, California

February 2009 Perinatal Mental Illness - hnproving its Assessment Clinical Training, California Lutheran University Thousand Oaks, California

June 2008 Women's Reproductive Mental Health in the Legal Arena Keynote panel - Postpartum Support International annual conference Houston, Texas

April 2008 Maternal Depression and Disrupted Attachment March of Dimes - Visiting Professorship University of Texas Nursing School Houston, Texas

2


March 2008 Screening Across the Continuum - the language of postpartwn depression Los Angeles Best Babies Network Los Angeles, California

March 2008 Postpartum Depression: Its impact on couples and marital satisfaction International Family Therapy Association Meeting Porto, Portugal

January 2008 Screening instrument and risk assessment Nurse staffing Henry Mayo Newhall Memorial Hospital

_ Valencia,Califoa

November 2007 Perinatal Mood Disorders - Assessment and Treatment In-service for community mental health professionals Henry Mayo Newhall Memorial Hospital Valencia California

October 2007 Maternal Depression and Disrupted Attachment American Psychotherapy Association� annual conference Kansas City, Missouri

June 2007 Couples and Postpartum Depression: Impact on Marital Satisfaction Postpartum Support International - annual conference Kansas City, Missouri

March 2007 Assessment and Treatment of Perinatal Mood Disorders Phillips Graduate Institute Encino, California

October 2006 Assessment and Treatment of Perinatal Mood Disorders A pre-conference training institute American Association of Marriage and Family Therapists -

Annual meeting Austin, Texas

March 2006 Assessment and Treatment of Perinatal Mood Disorders California Association of Nurse Practitioners annual meeting San Diego, California

January 2006 Assessment and Treatment of Perinatal Mood Disorders Grand Rounds Luncheon - OB/Gyn staff Henry Mayo Memorial Hospital Valencia, California

November 2005 Maternal Depression and Disrupted Attachment Keynote Speaker - annual attachment conference

3


Regional meeting - Synchrony of Visalia Mental Health Visalia, California

September 2005 Assessment and treatment of perinatal mood disorders Lamaze International - annual conference Austin, Texas

July 2005 Maternal Depression and Disrupted Attachment Superior Court of Los Angeles Mediator Training

June 2005 - Perinatal MoodDisorders Assessment and Treatment Regional meeting - Turning Point Mental Health Visalia, California

September 2004 Assessment and Treatment of Perinatal Mood Disorders 62nd Annual meeting AAMFT Atlanta, Georgia

April 2004 Grief Recovery� Becoming emotionally complete 37th Annual Conference - American Association of Suicidology Miami, Florida

October 2003 Maternal Depression and Disrupted Attachment 61" Annual Meeting� AAMFT Long Beach, California

April 2003 Assessment and Treatment of Perinatal Mood Disorders Pomona Valley Hospital - Perinatal Symposium Pomona, California

June 2002: Assessment and Treatment of Postpartum Mood Disorders Labor and Delivery, Clinical Training Los Robles Hospital Thousand Oaks, California

June 2002: Assessment and Treatment of Postpartum Mood Disorders Labor and Delivery, Clinical Training Verdugo Kills Hospital Glendale, California

May 2002: Maternal Depression and Disrupted Attachment California Association of Marriage and Family Therapists 38th Annual Conference Redondo Beach, California


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

December 2001: 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

May 2001: Maternal Depression and Disrupted Attachment LeLeche League Regional Annual Conference Costa Mesa, California

April 2001: "Project Russia" International Visitor's Council of San Diego, California Assessment and Treatment of Postpartum Depression San Diego, California

March 2001: Staff Training on Postpartum Depression - Symptoms and Risk Factors WIC Public Health Agency Van Nuys, California

February 2001: Assessment and Treatment of Postpartum Depression Maple Counseling Center Beverly Hills, California

September 2000: Ambivalence as a Risk Factor in Postpartum Depression Marce Society International Conference London, England

April 2000: Systemic Implications for the Treatment of Postpartum Depression Thalians Mental Health Center


CeclarSinai Medical Center Los Angeles, California

April 2000: Using Risk Factors to Assess for Postpartum Depression The Center for Parent/Infant Development Encino, California

September 1999: Assessment and Treatment of Postpartum Depression Lactation Institute Encino, California

April 1999: Postpartum Depression and the Impact on the Family System WIC Conference Sacramento, California

June 1998: Postpartum Depression and Maternal Abuse Maroc Society International Conference Iowa City, Iowa

September 1996: Postpartum Depression and Family Systems Maroc Society International Conference London, England

November 1995: Training on Postpartum Depression Northeast Medical Corporation Irwindale, California

September 1995: Staffing on Postpartum Depression Verdugo Hills Hospital Glendale, California

July 1995: The Biological Functions of Depression Phillips Graduate Institute Encino, California

April 1995: Nurse Staffing on Postpartum Depression Northridge Hospital Northridge, California

-lawl talk 1011 X-I-

6


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


August 1996 to Pierce College - Woodland Hills, California Present: Los Angeles Valley College Van Nuys, California

Adjunct Faculty Status at both colleges Department of Child Development, Family and Consumer Studies

1995 to 1999: Learning Tree University - Chatsworth and Thousand Oaks, California Faculty Status at both campuses Personal Development and Women's Studies

April 1996: "The Facts About Postpartum Depression (For Tender Care)" St.-Joseph's Hospital Burbank, California

November 1995: Paraprofessional class on "The Reproductive Lifecycle of the Female as it Pertains to Psychiatric Illness"

University of Judaism Bel Air, California

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

June 2007 Recipient of the Jane Honikman (Postpartum Support International Founder) Award for outstanding contributions in the field of women's health and childbearing

Fall 2006 "Postpartum Depression: Its Impact on Couples and Marital Satisfaction" The Journal of Systemic Therapies

Summer 2006 'PTSD in Preguancy (co-authored with Cheryl Beck) Annals of the American Psychotherapy Association

Spring 2002: "What Midwives Need to Know About Postpartum Depression" Midwifery Today

January 2002: "A Closer Look: Understanding Postpartum Mood Disorders Family Therapy Magazine (professional journal of the American Association of Marriage and Family Therapists)

June 2001: "Words to Ease the Pain" Los Angeles Family Magazine

May 2000: "Fighting the Postpartum Blues" Los Angeles Family Magazine

8


February 2000: "Forum on the Family - Respect" The University for Parents

June 1998: 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)

�--June 1997: Recipient of- the -"First Alumni Achievement�Award’.- Outstanding contribution to the Field of Human Development California State University at Northridge Northridge, California

September 1996: 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)

Summer 1995: "Postpartum Depression" Periscope (Newsletter of the California Perinatal Association)

July 1995: "The Truth About the Baby Blues" The Wet Set Gazette

January to "Postpartum Depression, A Reflection" February 1995: The California Therapist, Vol. 7, Issue 1

(Included in the syllabus for the annual Perinatal Symposium at Pomona Valley Hospital at Pomona, California)

Author of: The Journey To Parenthood: Myths, Reality and What Really Matters Radcliffe Press Oxford, England Publication date - March, 2007

Author of: Transitions to Parenthood A Clinicians’ Guide to the Psychological Experience of Becoming a Parent Publication Date - March 2008


2009 started The Motherhood Consortium - a networking and education forum for those individuals in the Los Angeles area who work with mothers and babies.

2008 Program Director and Clinical Consultant Henry Mayo Newhall Memorial Hospital Moms Outreach Perinatal Program

2007 contributing writer to updated guidelines for the Perinatal Advisory Council - Los Angeles County

Nationallyknownforensic-expert Cases including: pregnancy denial and neonaticide, infanticide, child abuse

January 2006 Life and Times KCET Featured on a segment devoted to understanding postpartum depression

August 2001: Medical Diary Discovery Health Channel PPD Interviewed Expert

April 2001: A Mother’s Confession (story on postpartum psychosis) MSNBC Consultant and Interviewed Expert

January 2000: Collaborated with Women’s Pavilion on a pregnancy program for the Tarzana Hospital� "Transitions to Parenthood." Tarzana, California

January 1996 to Advisory Board Consultant 1998: Feature Writer for Baby's World Magazine

July 1997: Consultant and National Spokesperson "Thumbuddy," the Baby’s Security Blanket Manufacturer, Luv Dat Baby Beverly Hills, California

1995 to 1999: Feature Writer for Children 'sMagazine

January 1993: Author of Celebrity Parenting. Famous Parents Share Personal Stories

January 1991 to "The Parent Profile" (Creator and Co-Producer) 1993: CBS Radio

Hosted by Paula Zahn

10


President: Postpartum Support International (2002-2004) President's Advisory Council: (2004 - present).

Member: 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

Member: - Angeles-County Peata1 Mental Health Task Force

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

11


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Documents