In People v. Byrd , when Byrd got into a fight with Jill J. over the contents of their child's water glass, he "smashed her head against the tile floor" and stomped on her ribs until her pancreas split in two. Although she was on the brink of death, and he refused to provide her with medical attention, Jill eventually managed to get to a hospital.
When charges were brought, Jill testified before a grand jury, remotely, from her hospital bed.
After receiving nearly 400 phone calls from Byrd, Jill later refused to testify at trial. She believed Byrd would change if afforded "professional help," and didn't want him incarcerated.
During the course of a special hearing, expert testimony outlined a three-phase "cycle of violence" which battered women experience -- one of which includes the "honeymoon phase" where the victim is seduced into forgiving the perpetrator's violent acts. While Byrd didn't ask her to withhold her testimony, his "coercive control" was found to have resulted in that outcome.
Jill claimed her refusal to testify was the "product of her free choice" and her willingness to forgive Byrd. (She also stated that she had testified before the grand jury because she feared Child Services would remove her child.)
After considering the evidence, the New York County Supreme Court concluded Jill suffered from "battered person syndrome" and allowed prosecutors to use her grand jury testimony at trial.
When he was convicted of assault in the first and second degrees, Byrd appealed to the Appellate Division, First Department.
While the Sixth Amendment of the U.S. Constitution affords a defendant the right "to be confronted with the witnesses against him," that right is lost if it is established by "clear and convincing evidence" that the "witness's unavailability was procured through violence, threats or chicanery."
Since it was demonstrated that Byrd had persuaded Jill not to testify, the AD1 upheld the conviction and sentence despite some inconsistent statements from a medical expert as to whether Byrd's "shod foot" was a "dangerous instrument."
Did the AD1 flip a Byrd?
To download a copy of the Appellate Division's decision, please use this link: People v. Byrd