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4 <title>Case of Olga Moffat</title>
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9 <meta name="author" content="Andrew DeFaria">
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13 <h1 align="center">Case of Olga Moffat</h1>
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15 <div align="center">
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16 <h3>PSN #: DST578 - Booking #: 02061181</h3>
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19 <h2>Introduction</h2>
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20 I, Andrew DeFaria, being of sound mind and of my own volition, petition
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21 the Superior Court of San Jose, California to grant consideration of my
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22 statement contained herein for the case of the State vs. Olga Moffat. I
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23 am the legal husband of Olga DeFaria, AKA Olga Moffat. Olga is charged with
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24 offenses that, depending on what she is convicted of, subject her to deportation
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25 as she is an alien to the United States, has been legally admitted on a
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26 K1 fiancée visa, has married within the required 90 days and has filed
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27 for Adjustment of Status with the INS. As such, Olga stands to be penalized
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28 substantially more than the average person in that she faces possible deportation
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29 and I face losing a loved one, my wife, and my daughter faces losing her
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30 step mother. Because of the possibility of extremely harsh punishment, I
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31 plead with the court to hear my statement contained herein. I wish the court
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32 to hear and grant weight to all of the circumstances surrounding the alleged
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33 crimes so that it can more properly dispense justice in this case.
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34 <h3>Adverse mental conditions</h3>
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35 Olga is currently suffering from several adverse mental conditions
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36 that were not known to me when she arrived in May, 2002. It is well known
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37 that often immigrants suffer from a natural adjustment to a new country
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38 and there are even support groups established in the US specifically for
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39 women immigrating from Eastern Europe. Olga is from Eastern Europe (Ukraine).
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42 Also, Olga was previously in the US in 1995 and suffered from a failed
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43 marriage in 1995. She subsequently tried to adjust to American life but
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44 after some time she decided to return to the Ukraine instead of staying
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45 in the US and risk immigration problems with the INS. I viewed this previous
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46 experience with living in the US as favorable in that she seemed more adjusted
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47 than most other Eastern European women that I had met to live in America.
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48 However, I have since learned that this failed marriage and return to the
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49 Ukraine had profound effects on Olga. Due to financial and other reasons,
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50 Olga was not afforded the opportunity for adequate psychological<b> </b>counseling
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51 during her stay in the US nor when she returned to her home country. The
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52 Ukraine is not known as a leader in psychological therapy - only the very
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53 wealthy can afford such treatment.<br>
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55 Olga also suffers from various childhood abuses as described below.<br>
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57 I had hoped that Olga's past childhood experiences and her failed
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58 marriage and return to the Ukraine had somehow been overcome over the
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59 time she had spent in the Ukraine after returning from the US. <br>
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61 On September 1, 2002, Olga went to Kaiser Permenente regarding what she
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62 described as a "stomach problem", complaining of not being able to hold
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63 down food at times. She told me that she had simply a digestion problem.
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64 The doctor at Kaiser had prescribed Paxil to help her deal with this. I saw
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65 this prescription and had thought that Paxil might be related to a psychiatric
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66 problem but wasn't sure about that. <br>
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68 After the arrest for the alleged theft Olga told me that the doctor
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69 at Kaiser had sent her to a psychiatrist, suspecting that the "stomach
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70 problem" may be an eating disorder best treated by a psychiatrist as well
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71 as covering any possible physical problems. This was not known to me
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72 at the time that she first went to Kaiser. The medical records show that
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73 Olga has been suffering from bulimia for close to 6 years.<br>
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75 Later, Olga started attending a therapy class offered by Kaiser called
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76 IOP (Intensive OutPatient) therapy, which, from my reading of the course
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77 material, seems to be oriented toward people who may be close to committing
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78 suicide. Olga has, on more than one occasion, professed to me that she
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79 will "just kill herself". I was indeed concerned that she might make good
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80 on that promise and was glad that the Kaiser program might help her in this
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81 regard. She had just begun this treatment recently.<br>
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83 Olga often will write down English words that she does not yet understand
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84 and later look up the Russian equivalent so as to learn a new English word.
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85 Contained among her papers I found the word "anorexia". She probably learned
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86 that word from a Kaiser doctor. Olga often regurgitated her food. I do
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87 not know if she is anorexic or bulimic. But I do know that both afflictions
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88 signal mental problems. (See <a href="ExhibitA.html">Exhibit A - Kaiser Records</a>).<br>
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90 <h4>Childhood Abuse</h4>
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91 It is well known that many former Soviet countries have high rates
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92 of alcoholism. Olga's father was no exception. He died when Olga was 10
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93 due mostly to alcohol related problems. Olga's father also was abusive to
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94 her mother. Olga has described to me times when her father went after her
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95 mother with what she later described to me was an ax (initially Olga did
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96 know know the English word for ax and so I didn't not initially understand
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97 the full extent of her father abusing her mother). She told me that often
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98 she and her sisters would huddle in a corner, terrified because her father
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99 was abusing her mother. I believe that this has instilled in Olga a deep
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100 seated mistrust and almost hatred of men in general. (<a
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101 href="ExhibitB.html">See Exhibit B - IOP Class Description and Notes</a>).<br>
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103 Olga struggles between being a woman and wanting to love her man and
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104 hating her man if and when he reminds her of her father. I believe, and
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105 Olga has admitted to me, that when I have raised my voice to her in a normal
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106 and natural argument between husband and wife, she has seen that as me being
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107 her father and that that often brings up for her this childhood pain and
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108 anger that she has for her father's behavior toward her mother on the men
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109 in her life, including myself. We have gotten into arguments in our marriage,
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110 often attributable to the adjustment that many new immigrants face, and
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111 I have noticed her extreme reaction that, until I had realized the full
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112 extent of her childhood abuse, was puzzling to me. What has became apparent
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113 to me is that she seems to have a problem with managing her anger that I
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114 believe can be overcome.
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115 <h4>Sexual Abuse</h4>
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116 Olga has also experienced sexual abuse and ostracism from her
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117 peer group and neighbors at a very young age when growing up in the Ukraine.
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118 She left home at the early age of 14 to live with an older sister in another
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119 city. While living with her sister she was attacked by a group of young
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120 men and seriously sexually assaulted. She has lived for many years, only
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121 ever telling me of this incident. <br>
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123 Olga returned to her mother's house after this incident and then was
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124 again sexually abused and raped by a neighbor, twice, at around 16 years
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125 of age, causing further harm. She later left her mother's house again
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126 and started living on her own, working for as a radio technician traveling
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129 Recently I persuaded her that it would be in her best interests to discuss
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130 these incidents of severe sexual abuse with her mental health doctors. I
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131 believe the record should show that she had discussed this with her doctors
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132 while incarcerated in the Elmwood Correctional Institute for Women. I have
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133 not be able to obtain those medical records yet. This alone is a substantial
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134 mental issue to overcome.<br>
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136 <h4>Alcohol Abuse</h4>
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137 After Olga was sent to jail, I went though some of her belongings
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138 to find several receipts from local stores such as Rite Aid (See <a
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139 href="ExhibitC.html">Exhibit C - Rite Aid Wine Purchases</a>) showing that
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140 Olga was purchasing bottles of wine at a rate of about 1 every 2 to 3 days.
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141 Olga would not get "fall down" drunk but it's clear that she was at least
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142 using alcohol a lot, possibly in an attempt to "self medicate" herself and
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143 to escape from all of her mental stress. Olga is a very clean and thorough
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144 person in her personal hygiene. As such I was often unaware that she was
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145 drunk as I suspect she often used mouthwash and other means to cover up the
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146 fact that she was drinking. I had asked her if she was drunk when she was
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147 arrested for the alleged theft at Macy's. She said she was. I dropped her
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148 off at Macy's at approximately 9:30 in the morning.<br>
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150 I'm sure the record will show that Olga was intoxicated when she was
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151 arrested for the alleged assault. I'm not sure that the record will show
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152 that Olga was also intoxicated when she was arrested for the alleged theft
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153 - it was early in the day and I doubt that the arresting officers thought
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154 to test her for alcohol, I doubt that she was "fall down" drunk and I'm
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155 pretty sure she would have done what was necessary to cover up any tell tale
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156 signs of alcohol use - after all I didn't even know that she had been drinking
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157 and I gave her a kiss good bye that day as I left her at the mall for work.
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158 Nonetheless, I have spoken to her doctors in Elmwood and they are aware of
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159 her alcohol problems.<br>
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160 <h4>Suicidal Thoughts and Attempts</h4>
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161 The Kaiser records are clear that Olga has expressed ideation of suicide
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162 on several occasions including recently. There are also mentions of two suicide
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163 attempts when Olga returned to the Ukraine after her first marriage. I fear
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164 for Olga's mental state and, if deported, I am extremely worried that she
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165 will decide that her separation from me, a man who she has trusted enough
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166 to tell some of her most intimate thoughts and psychological problems, as
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167 a lost of a loved one to unbearable to continue with her own life.
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169 <h3>Immigration Consequences</h3>
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170 If Olga is convicted of theft, a crime of moral turpitude, she will
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171 probably be deported This all depends on the mercy of the court.<br>
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173 <h3>Interest of Justice</h3>
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174 If deported I am certain that this will leave Olga even much more
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175 depressed, facing a very hard life in the Ukraine. Her family will hardly
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176 support her in this - they expressed their dislike the first time she
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177 returned and this is also indicated in Kaiser's records. She will be facing
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178 the loss of her beloved husband, a person who, even though he has learned
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179 of all of her flaws still wants her in his life. Even though she has caused
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180 me some pain and hurt, I can see that inside she is a good person just
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181 needing help to become the loving person that I have seen in her many times.
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182 To lose a loved one like that would be extremely hard for me, a US citizen
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183 with a good job and career, loving daughter, homeowner, two cars, etc. Imagine
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184 what that would be like for her, who does not have any of these things,
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185 who is faced with jail time, INS detention, possible deportation to an impoverished
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186 country (Ukraine) with high unemployment, no prospect of a good life and
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187 a family that most likely again ostracize her. Olga has professed
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188 thoughts of suicide and has made two previous attempts to kill herself. I
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189 fear if deported she may indeed kill herself.<br>
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191 If she is deported I will suffer deeply from the loss of my wife.
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192 Also, my daughter, Olga's stepdaughter, will also be deprived of a stepmother,
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193 something she wants dearly. Normally in criminal cases such as this the
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194 penalty is not expulsion of the defendant from the country and the subsequent
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195 break up of the family thus additionally punishing innocent people. Normally
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196 the accused is afforded the right to return to his or her life after paying
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197 the penalty. However, if deported, Olga will not get the right to return
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198 to her family and may commit suicide.<br>
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201 I propose a remedy that will allow Olga the chance to prove to the
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202 court that the alleged crimes were driven by many mental factors that can
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203 be overcome. I propose a remedy that will allow me and my daughter to not
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204 be unduly punished. The key is to avoid the immigration consequences described
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205 above. What I propose is to delay the verdict or sentencing in this case
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206 and allow a probationary period along with a strict set of probationary requirements
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207 to insure that Olga is indeed getting the proper counseling and help that
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208 she needs. In this way the state is involved in her treatment, I am involved
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209 in her treatment and she is compelled to comply with the terms of probation
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210 or else face certain deportation. If, after the time proscribed by the order
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211 of probation, Olga has made progress, has not committed any violations of
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212 law, has maintained a consistent attendance in programs to address her psychological
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213 problems, alcohol problems and anger problems, has maintained a trackable
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214 record of progress as per regular reporting to her probationary officer
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215 then the charges can be dismissed. If not then Olga would still face the
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216 full punishment of her crimes.<br>
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218 I beg for mercy from the court to impose such a remedy that will not
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219 cause my wife to be deported.<br>
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221 <h3>Acknowledgment<br>
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223 Thank you for taking the time to hear my concerns and to take them
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224 under consideration. I'm sure that my statement has made you more aware
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225 of the circumstances involved in this case, my desire to continue my relationship
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226 with my wife, my desire to help her become the good person that I know she
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227 is, and our desire for her to have a real chance at adjusting to life in
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228 America and addressing her psychological challenges in an environment that
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229 values individuals struggling with personal problems (unlike countries such
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230 as the Ukraine). I hope that you can see there is more to this case than
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231 one could see merely looking at the legal documents. Olga faces extreme consequences
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232 with respect to deportation not normally faced by other people accused
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233 of such crimes, that if deported, other, innocent people, my daughter and
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234 myself, stand to suffer severely. Olga is just an immigrant in need of
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235 real help - not banishment from the US.<br>
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239 <div align="left">Sincerely<br>
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