Bob LaVine is seeking an amendment to the U.S. Constitution.
NORWAY – It’s been 18 years since Bob LaVine’s daughter Kimberly was murdered. The killer has been caught and is serving a life sentence.
But the Norway father is still looking for justice.
He is urging passage of a law he says is long overdue, a Victims’ Rights Amendment to the U.S. Constitution.
The joint resolution will require the legal system to inform victims’ families of any public proceedings in their cases, and the right to be heard at release, plea, sentencing and clemency proceedings. They would also be notified of any release or escape of the accused.
“Victims are not mentioned even once in the U.S. Constitution,” LaVine said. Yet the criminal is mentioned 23 times, 15 by amendment alone.
The relatives of victims of violent crimes are victims too, LaVine said. And they become revictimized when, in their search for justice, they are shut out by a legal system that responds to only the defense.
“We’re not asking that the rights of defendants be reduced. All we want is to be able to be involved in the process and not be ignored.” LaVine served two years ago on a governor’s task force on victims rights and restitution, which led to successful passage of a bill providing compensation to victims. The compensation is funded by placing a surtax on court fines.
“There’s nobody who could pay me for the loss of my daughter,” LaVine said. “I wanted victims’ rights too.”
LaVine said Maine does not have a victims rights amendment to the state Constitution. The debate over victims rights “never got out of committee” because of opposition by several state district attorneys, including Stephanie Anderson and Janet Mills.
“District Attorneys in general truly do not want interference by the victim’s family,” LaVine said. “They want to enter into a plea bargain and they don’t want the victims’ family telling them what to do. They don’t want us hovering over their shoulder.”
As part of a national organization called Force 100, LaVine is heading up the effort in Maine’s 2nd District to lobby on behalf of the Constitutional amendment. He said he’s proud that both of Maine’s Senators, Olympia Snowe and Susan Collins, support the bill. It also has the support of President George W. Bush.
But he’s concerned that, to date, Maine’s Congressmen Tom Allen and Michael Michaud have not committed to support the amendment.
In January, Michaud responded to LaVine’s query about his position by pointing out that every state has some sort of victim rights legislation. In addition, 32 states have victim rights amendments as part of their state constitutions.
But LaVine and others believe only an amendment to the U.S. Constitution will do. “As long as defendants’ rights are in the U.S. Constitution and victims are not, the victims are second-class citizens.”
Force 100 was organized last fall “to put some pressure on reluctant senators to take a stand,” LaVine said. The Senate version of the Joint Resolution has been passed by the Judiciary Committee, and is due for debate on the floor sometime with the next few weeks, LaVine said.
Because it is an amendment to the Constitution, the bill faces many hurdles. It will require a two-thirds vote of each House, plus passage by three-fourths of all the state’s Legislatures within the next seven years.
LaVine’s wife, Ruth, isn’t part of Force 100. She prefers the nonpolitical, support group atmosphere of the organization called Parents of Murdered Children, which meets monthly in Augusta.
Bob LaVine also is active in the Augusta group. But fighting for the constitutional rights of victims is important to him.
“This is the way I cope. It’s not going to help my daughter, but it might help somebody else.”
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