Introduction
On October 8, 2002 my wife, Olga DeFaria (AKA Olga Moffat) was detained by
Macy's security personal at the store in Oakridge Mall, San Jose for attempting
to take approximately $2500 - $3000 worth of clothing, perfume and jewelry.
Olga was given to the San Jose police, booked for burglary/theft and was
released on her own reconnaissance. Olga arrived in the US on May 3, 2002
on a fiancée visa and we married on July 3, 2002. As an immigrant,
Olga faces possible deportation if convicted of a crime of mortal turpitude.
And as such I face losing my wife. This punishment is over and above that
faced by most people who may have committed such crimes. My letter to you
today is a plea for leniency and a cry for help so that my family and I will
not suffer the loss of a loved one. I beg of you to read this letter fully
and consider all the circumstances with the thought of true justice.
The following is an explanation of some of the adversities that my wife was
facing before and after the incident at Macy's. These were all largely unknown
to me at the time, that my wife was struggling through such hardships. Please
consider them when you make your decision.
Adverse mental conditions
Olga is currently suffering from several adverse mental conditions
that were not known to me when she arrived in May, 2002. It is well known
that often immigrants suffer from a natural adjustment to a new country
and there are even support groups established in the US specifically for
women immigrating from Eastern Europe. Olga is from Eastern Europe (Ukraine).
Also, Olga was previously in the US in 1995 and suffered from a failed
marriage in 1995. She subsequently tried to adjust to American life but
after some time she decided to return to the Ukraine instead of staying
in the US and risk immigration problems with the INS. I viewed this previous
experience with living in the US as favorable in that she seemed more adjusted
than most other Eastern European women that I had met to live in America.
However, I have since learned that this failed marriage and return to the
Ukraine had profound effects on Olga. Due to financial and other reasons,
Olga was not afforded the opportunity for adequate psychological counseling
during her stay in the US nor when she returned to her home country. The
Ukraine is not known as a leader in psychological therapy - only the very
wealthy can afford such treatment.
Olga also suffers from various childhood abuses as described below.
I had hoped that Olga's past childhood experiences and her failed
marriage and return to the Ukraine had somehow been overcome over the
time she had spent in the Ukraine after returning from the US.
On October 3, 2002, Olga went to Kaiser Permenente regarding what she described
as a "stomach problem", complaining of not being able to hold down food at
times. She told me that she had simply a digestion problem. The doctor at
Kaiser had prescribed Paxil to help her deal with this. I saw this prescription
and had thought that Paxil might be related to a psychiatric problem but
wasn't sure about that.
After the arrest Olga told me that the doctor at Kaiser had sent
her to a psychiatrist, suspecting that the "stomach problem" may be an
eating disorder best treated by a psychiatrist as well as covering any possible physical
problems. This was not known to me at the time that she first went to Kaiser.
Later, Olga started attending a therapy class offered by Kaiser called
IOP (Intensive OutPatient) therapy, which, from my reading of the course
material, seems to be oriented toward people who may be close to committing
suicide. Olga has, on more than one occasion, professed to me that she
will "just kill herself". I was indeed concerned that she might make good
on that promise and was glad that the Kaiser program might help her in this
regard. She had just begun this treatment recently.
Olga often will write down English words that she does not yet understand
and later look up the Russian equivalent so as to learn a new English word.
Contained among her papers I found the word "anorexia". She probably learned
that word from a Kaiser doctor. Olga often regurgitated her food. I do
not know if she is anorexic or bulimic. But I do know that both afflictions
signal mental problems.
Childhood Abuse
It is well known that many former Soviet countries have high rates
of alcoholism. Olga's father was no exception. He died when Olga was 10
due mostly to alcohol related problems. Olga's father also was abusive to
her mother. Olga has described to me times when her father went after her
mother with what she later described to me was an ax (initially Olga did
know know the English word for ax and so I didn't not initially understand
the full extent of her father abusing her mother). She told me that often
she and her sisters would huddle in a corner, terrified because her father
was abusing her mother. I believe that this has instilled in Olga a deep
seated mistrust and almost hatred of men in general.
Olga struggles between being a woman and wanting to love her man and
hating her man if and when he reminds her of her father. I believe, and
Olga has admitted to me, that when I have raised my voice to her in a normal
and natural argument between husband and wife, she has seen that as me being
her father and that that often brings up for her this childhood pain and
anger that she has for her father's behavior toward her mother on the men
in her life, including myself. We have gotten into arguments in our marriage,
often attributable to the adjustment that many new immigrants face, and
I have noticed her extreme reaction that, until I had realized the full
extent of her childhood abuse, was puzzling to me. What has became apparent
to me is that she seems to have a problem with managing her anger that I
believe can be overcome.
Sexual Abuse
Olga has also experienced sexual abuse and ostracism from her
peer group and neighbors at a very young age when growing up in the Ukraine.
She left home at the early age of 14 to live with an older sister in another
city. While living with her sister she was attacked by a group of young
men and seriously sexually assaulted. She has lived for many years, only
ever telling me of this incident.
Olga returned to her mother's house after this incident and then was
again sexually abused and raped by a neighbor at around 16 years of age,
causing further harm. She later left her mother's house again and started
living on her own, working for as a radio technician traveling around
Russia.
Recently I persuaded her that it would be in her best interests to discuss
these incidents of severe sexual abuse with her mental health doctors. This
alone is a substantial mental issue to overcome.
Alcohol Abuse
After Olga was sent to jail, I went though some of her belongings
to find several receipts from local stores such as Rite Aid showing that
Olga was purchasing bottles of wine at a rate of about 1 every 2 to 3 days.
Olga would not get "fall down" drunk but it's clear that she was at least
using alcohol a lot, possibly in an attempt to "self medicate" herself and
to escape from all of her mental stress. Olga is a very clean and thorough
person in her personal hygiene. As such I was often unaware that she was
drunk as I suspect she often used mouthwash and other means to cover up the
fact that she was drinking. I had asked her if she was drunk when she was
arrested for the alleged theft at Macy's. She said she was. I dropped her
off at Macy's at approximately 9:30 in the morning.
I have spoken to her doctors and they are aware of her alcohol problems.
Interest of Justice
If deported I am certain that this will leave Olga even much more
depressed, facing a very hard life in the Ukraine. Her family will hardly
support her in this - they expressed their dislike the first time she
returned. She will be facing the loss of her beloved husband, a person
who, even though he has learned of all of her flaws still wants her in
his life. Even though she has caused me some pain and hurt, I can see that
inside she is a good person just needing help to become the loving person
that I have seen in her many times. To lose a loved one like that would
be extremely hard for me, a US citizen with a good job and career, loving
daughter, homeowner, two cars, etc. Imagine what that would be like for
her, who does not have any of these things, who is faced with jail time,
INS detention, possible deportation to an impoverished country (Ukraine)
with high unemployment, no prospect of a good life and a family that most
likely again ostracize her. Olga has professed to thoughts of suicide and
I fear if deported she may indeed kill herself.
If she is deported I will suffer deeply from the loss of my wife.
Also, my daughter, Olga's stepdaughter, will also be deprived of a stepmother,
something she wants dearly. Normally in criminal cases such as this the
penalty is not expulsion of the defendant from the country and the subsequent
break up of the family thus additionally punishing innocent people. Normally
the accused is afforded the right to return to his or her life after paying
the penalty. However, if deported, Olga will not get the right to return
to her family and may commit suicide.
I hope you can see that Olga's behavior may have been driven by many mental
factors that can be overcome. I propose a remedy that will allow me and
my daughter to not be unduly punished.
Remedies
Since my wife faces extreme punishment, banishment from the US and since my
family and I face the loss of a loved one I would like for you to consider
an alternate prosecution in my wife's case. I propose keeping this matter
out of court and away from the legal system so that my wife will not be deported.
Before you dismiss this proposal consider this: Cases are settled out of court
every day. I am not looking to merely avoid any punishment for my wife. Both
her and I agree what she did was wrong. Can we perhaps find another form
of punishment that will not trigger deportation?
It is my understanding that all of the stolen items were recovered. I realize
and understand that Macy's has incurred several expenses related to this
incident and we intend to compensate fully for that. Perhaps an out of court
settlement could involve other monetary remedies that we could pay directly
to Macy's to avoid the legal system.
Maybe some other form of restitution can be ordered. Perhaps the charges
could be lowered to a crime that does not carry with it the substantial penalty
of deportation and Olga can be allowed to serve a probationary period along
with a strict set of probationary requirements to insure that Olga is indeed
getting the proper counseling and help that she needs. In this way the state
is involved in her treatment, I am involved in her treatment and she is compelled
to comply with the terms of probation. If, after the time proscribed by the
order of probation, Olga has made progress, has not committed any violations
of law, has maintained a consistent attendance in programs to address her psychological
problems, alcohol problems and anger problems, has maintained a trackable
record of progress as per regular reporting to her probationary officer
then the charges can be dismissed. If not then Olga would still face the
full punishment of her crimes.
We do want to make good on the harm my wife have caused Macy's - we just
desperately want to remain man and wife and we want Olga to receive the kind
of medical attention she needs to become a productive member of society and
avoid the breaking up of my family.
Will you please hear my plea and consider it?
Acknowledgment
Thank you for taking the time to hear my concerns and to take them
under consideration. I'm sure that my letter has made you more aware of
the circumstances involved in this case, my desire to continue my relationship
with my wife, my desire to help her become the good person that I know she
is, and our desire for her to have a real chance at adjusting to life in
America and addressing her psychological challenges in an environment that
values individuals struggling with personal problems (unlike countries such
as the Ukraine). I hope that you can see there is more to this case than
one could see at first glance. Olga faces extreme consequences with respect
to deportation not normally faced by other people accused of such crimes,
that if deported, other, innocent people, my daughter and myself, stand
to suffer severely. Olga is just an immigrant in need of real help - not
banishment from the US.
Sincerely
Andrew DeFaria