Hailie’s Law
I want to follow up on my last blog for Jami Godfrey and her family before we get too far into June. The family was back in court on May 24 and will have another to wrap up towards the end of this month. To refresh some facts in the case: An accident occurred last August in Eagle Mountain which took the lives of two people. The driver of the vehicle that struck those kids came away without major injuries and was charged with just a traffic violation of failure to stay in lane because drunk or distracted driving could not be proven. Drowsy driving is likely the genesis of this accident, but Utah does not have drowsy driving laws. So by default, this accident (where lives have been lost) was heard in traffic court. As an advocate, I was with the Godfrey family on both occasions in court –jaw dropped. It’s quite the thing to be sitting with multiple grieving parties mourning the loss of their children and then hear, “next up—so and so is being heard for failure to stop at a stop sign”—or some other minor traffic offense. It’s even MORE disturbing when the consequence imposed for a driver who failed to stay in his lane (which resulted in the loss of two lives) is one of the LEAST restrictive sentencing in court that day. We want Hailie’s law to address this disproportionality in our legal system. We want to draft a bill that requires any drowsy driving traffic offense that results in the loss of life to be an automatic change of jurisdictions OUT of traffic court. We want drowsy driving laws in Utah.
Some Positives
So much has happened since the last blog post as far as response goes. I’m not normally someone who writes for likes so my social media presence is just whatever—I’ve been comfortable with a couple hundred reads per entry to keep it all chill (and because I just don’t have the time to invest in a great SM effort!). Here is a quick breakdown!
1. The blog I did on Hailie’s Law is nearing 3K reads and it keeps climbing. I wouldn’t believe it if I didn’t have my back end numbers because there are few responses—just reads and shares. I had lunch with Jami and another advocate, Kim Murphy last week to discuss strategy moving forward. I mentioned the high numbers and Jami said Hailie was just very likeable! I believe it too (like her mom!). Jami said a person came up to her at the funeral last year introducing herself as one of Hailie’s customers from Starbucks. Hailie worked there and was so friendly, her customers would come in just to see her. That’s a proud mom moment and Jami beamed with that memory. It is evidence that her daughters passion for life went beyond home, family, school and friendships. Her impact was starting to be felt by others and we hope to continue that legacy in the form of changing laws that will protect our communities in the future.
2. There were some incredible last minute changes prior to court that ensured proper representation for the Godfrey family. They were able to secure a new attorney from Salt Lake who had a fresh perspective on this case and he petitioned the court for more effective interventions--and got them.
3. The Godfrey family’s situation was featured in a Daily Herald article by Kurt Hanson highlighting a continued need for oversight in the Utah County legal infrastructure. The Godfrey’s have suffered what is called secondary victimization through legal abuse. Secondary victimization (legal style--it has many forms) occurs when an initial victimizing event (death of a child) is compounded by a follow up victimizing event that often takes form of not being believed or being persecuted for wanting justice to occur. The intention of those who participate in secondary abuse is to silence others for speaking out so that a power structure (often benefiting the ruling class/status quo) remains intact and unchallenged. While the family appreciates the attention from The Daily Herald, it exposed some shaming and anger directed at the Godfreys—as though they were the perpetrators of “all this”. For example, there were statements claiming the Godfrey’s’ are out to “drive another life into the ground” as some sort of vengeance move. Jami has also been “admonished” that her actions would cause her daughter in heaven to be grieved and possibly jeopardize eternal reunification. And that’s just the tip of the iceberg. Because of this, the Godfrey’s have needed some extra time to process and make decisions. Secondary abuse leaves a mark that intensifies the original grief of losing a child and leaving the family to just figure it all out, even if they are still spiraling. This issue will be addressed through Hailie’s law as well.
4. The new, lifted truck was removed from the Facebook page. We will want to address lift kits through Hailie’s law.
5. Another hearing was set for late June so the presiding judge could have time to consider the Godfreys requests for additional sanctions in this case. This is movement where it had not been before and that is progress, which is a good thing.
6. Other victims of our legal system and how it deals with traffic/road fatalities have contacted the Godfreys. Various news outlets have also contacted the Godfreys with requests to be of assistance. The Godfreys have decided to take their time and move forward cautiously, which honors their family’s needs at this time. Our goal is steady progress with accuracy and thorough investigations.
7. We are currently working on a post secondary scholarship for those students interested in pursuing a career in dental hygiene, in honor of Hailie. Hailie’s potential in this area was demonstrated by her success at MATC while completing her high school education (concurrently!) AND her acceptance into SUU’s dental hygiene program.
PROVE IT
I recently saw this quote from Henry David Thoreau which says "The price of anything is the amount of life you exchange for it." Some things are more valuable than other things and for me, human life is at the top of the list. I believe that a community that keeps human life as a top priority will have laws and infrastructure that PROVE it. This concept holds true for any relationship structure including friendships, families, selfhood (relationship to self), marriage, employment, etc. If we say we value life, but laws in place prove the opposite to be true (ignorance, negligence)---then what? We can pretend all we want but unless the change occurs deep within our community framework it doesn’t really count. The law sets the tone. Where laws are unchallenged, the music stays the same---same old same old. When we challenge the laws, we challenge the very boundaries we have set for ourselves and what we have normalized. We grow up. We create new structures of legislation that allow others to seek and attain justice. We change our language and expectations for ourselves and each other.
Sidenote
**Kim Murphy, an advocate from Provo, noted the problematic nature of a culture/society/community that glorifies “white knuckling” (repressing, trying too hard to pretend we are okay, denying emotions--specifically pain/anger) but then shame dumping those who are actually working through it with language like just get over it, you need to stop, be forviving, etc. These community dynamics can change through education and more open dialogue about what is really happening in our lives without shame based attacks.**
LEGAL ABUSE
The Godfrey’s case should have never unfolded the way it did. Last minute attorney changes and some public awareness shifted the trajectory, no doubt. But that should not have been a burden for the Godfrey family to worry about and they assumed the legal system was working on their behalf. Kim Murphy sheds much light on this subject (again, because she is awesome). She is an expert in issues surrounding legal abuse and assisted me at critical times throughout my post divorce recovery. Kim has experienced the criminal justice system as an advocate. She has been present in criminal courts where the victim had an opportunity to read a “victim's impact statement” as the perpetrator was being sentenced. Kim explains that these statements serve a purpose and can have influence on the outcome of sentencing because criminal court is ruled by different standards as opposed to the “pre-set” traffic laws that define limits for a judge to create sentencing. This knowledge is often helpful for victims as they move through levels of the case closure process because there is hope that maybe something said has made an impact in favor of the victim.
In contrast, the Godfrey’s opportunity to read an impact statement had no bearing on the parameters of sentencing because they are “pre-set”, which means penalties are basically non-negotiable and words spoken in the courtroom have little impact on the outcome of sentencing. While Jami and the other parents were able to be heard, there was no inherent power in the transaction unless it was deemed sufficient by parents of the victims (and everyone is different, so that could be the case!). It did not sway judgement because the judge could only work within the framework of what the DA presented.
In Conclusion
Below you will find the current list of Utah’s Victims rights. We want more specificity. We would like these rights to be more specific in relation to disproportionality, legal abuse, access to services in a timely manner, mandatory advocacy for traffic accidents where death has occurred and community bullying addressed through the law to protect victims from harassment.
- The right to privacy
- The right to be heard at sentencing
- The right to be informed and assisted
- The right to a speedy resolution of their case
- The right to be free from threats and intimidation
- The right to restitution and reparations for their losses
- The right to notice of all important criminal justice proceedings
- The right to be present in the courtroom for all important hearings
- The right to be treated with dignity, respect, courtesy, and sensitivity
- The right to an explanation of the legal proceedings and plea negotiations
Thank you !
On behalf of the Godfrey family, thank you for caring. We will continue to push forward to make Hailie’s Law a reality and we appreciate all the help that has been offered. If you feel passionate about any of the items we have identified and you are interested in advocacy, contact me at rachelleelizabeth2@gmail.com (we will put you to work!!). The Godfrey’s will assess their options and I will keep you posted through this blog.
