Nikki Addimando’s Case

 

Background

Nikki Addimando clemency

Nikki is a loving mother of two young children with no prior criminal history. She survived years of violent abuse and sexual torture at the hands of her longtime partner Chris Grover. Nikki’s abuse – including bruising, burns, a dislocated shoulder, bite marks, strangulation marks, and genital trauma – was documented by her therapist, her midwife, medical professionals, and police over the course of several years. On September 28, 2017, she fatally shot her abuser in self-defense.

In April 2019, despite an abundance of evidence to corroborate the years of abuse, Nikki was convicted of second-degree murder and gun possession based on the prosecution’s reliance on outmoded, discredited and harmful fallacies about how survivors of domestic abuse “should behave.” The gun was legally registered to Grover.

THE CASE AGAINST NIKKI ADDIMANDO

Nikki Addimando clemency

The prosecutor, Putnam County ADA Chana Krauss, pursued a conviction, disregarding evidence of severe intimate partner violence at the hands of Grover. Throughout the trial, the prosecutor used classic domestic violence myths to present multiple and often contradictory theories — that Nikki incited the abuse, liked the abuse, made up the abuse entirely, and could have left. The case against Nikki relied on character assassination, victim blaming, unsubstantiated claims repeated as fact, and – to put it mildly – junk science.

NIKKI ADDIMANDO’S SENTENCING

Nikki Addimando clemency

Prior to Nikki’s sentencing, the Domestic Violence Survivors Justice Act (DVSJA) became law. The new law provides judges the flexibility to sentence domestic violence survivors convicted of offenses related to their abuse to shorter sentences or alternative-to-incarceration programs.

In September 2019, the Court held an eligibility hearing and the defense presented even more professional testimony regarding the rape and torture Nikki endured. Despite the evidence of abuse and the connection of the abuse to the shooting, the judge declined to afford Nikki the protection under the DVSJA.

On February 11, 2020, the Judge sentenced Nikki to 19-years-to-life plus 15 years plus 5 years post supervision for possessing her partner's legally registered gun (to be served concurrently).

On July 31, 2020 Nikki filed an appeal with the New York State Court of Appeals through a pro-bono appellate team at Sullivan & Cromwell LLP.  It featured five specific points of appeal:

  • Nikki was wrongfully deprived the counsel of her choice;

  • Nikki was indicted in an unfair process infected by false testimony;

  • Nikki was refused her right to raise a peremptory challenge during jury selection;

  • Erroneous evidentiary rulings deprived Nikki of the right to present a defense;

  • Nikki should have received a reduced sentence under the DVSJA.

Three supplementary amicus briefs supporting Nikki were filed by organizations and people who held no private interest in Nikki’s case:

  • A group of New York State Assembly members and Senators who sponsored and passed the DVSJA;

  • Organizations with an expertise in domestic violence, led by Sanctuary for Families and joined by Day One New York, National Network to End Domestic Violence, Safe Horizon, Inc., Her Justice, Urban Resource Institute, Urban Justice Center, Empire Justice Center, the New York Legal Assistance Group, New York City Alliance Against Sexual Assault, and Lawyers Committee Against Domestic Violence; and

  • The New York City Bar Association’s Professional Ethics Committee

In June 2021, the New York State Supreme Court’s Appellate Division ruled that the evidence established that Nikki was abused by Chris Grover, that the abuse was a significant contributing factor to Nikki’s actions, and that in light of these factors, a reduced sentence under the Domestic Violence Survivors Justice Act was warranted. The Court resentenced Nikki to 7.5 years (including time served) + 5 years parole under the Domestic Violence Survivors Justice Act.

In its ruling, the Supreme Court Appellate Division noted, “Upon our extensive review of the evidence, we reject the County Court’s methodology, approach, application, and analysis” of Nikki’s sentencing. The Court noted “the defendant established, through her lengthy testimony, photographs, and other evidence that Grover repeatedly abused her physically and sexually.” It said, “The evidence, which included a detailed history of repeated sexual, physical, and psychological abuse by Grover against the defendant, expert testimony regarding the impact of that abuse on the defendant, and the defendant’s testimony regarding the events prior to the subject shooting, established that the abuse was a significant contributing factor to the defendant’s criminal behavior.” And it stated the County Court had based its sentencing on “an arcane belief/suggestion that the defendant could have avoided the murder by withdrawing from her apartment…fail[ing] to fully take into account the impact of physical, sexual, and/or psychological abuse on the defendant as a domestic violence survivor. In fact, it all but discounted the defendant’s evidence and proof…It is unacceptable that, in reflecting the views of a more enlightened society, the Legislature saw fit to enact the DV Survivor’s Act, only to have the court frustrate that legislative intent by applying outdated notions regarding domestic violence issues.”

 

appeal

Nikki Addimando clemency

Ms. Addimando filed an appeal on July 31, 2020 with the New York State Court of Appeals through a pro-bono appellate team headed by Sullivan & Cromwell LLP. It features five specific points of appeal:

  1. Addimando was wrongfully deprived the counsel of her choice;

  2. Addimando was indicted in an unfair process infected by false testimony;

  3. Addimando was refused her right to raise a peremptory challenge during jury selection;

  4. Erroneous evidentiary rulings deprived Addimando of the right to present a defense;

  5. Addimando should have received a reduced sentence under the DVSJA.

Three supplementary amicus briefs were filed by:

1) A group of New York State Assemblymembers and Senators who sponsored and passed the DVSJA,

2) Organizations with an expertise in domestic violence, led by Sanctuary for Families and joined by Day One New York, National Network to End Domestic Violence, Safe Horizon, Inc., Her Justice, Urban Resource Institute, Urban Justice Center, Empire Justice Center, the New York Legal Assistance Group, New York City Alliance Against Sexual Assault, and Lawyers Committee Against Domestic Violence.

3) The New York City Bar Association’s Professional Ethics Committee

Amicus briefs are filed by large organizations or associations that represent a particular interest group. Amici do not have a private interest in Addimando’s case.

In June 2021, The Court of Appeals’ Second Department ruled that Nikki was, indeed, abused by Chris Grover, and thus should have been sentenced under the DVSJA. Rather than send the case back to Judge McLoughlin, the Court resentenced her to 7.5 years (including time served) + 5 years parole. She will be released in 2024.

CLEMENCY FOR NIKKI ADDIMANDO

Nikki Addimando clemency

In November 2021, Nikki Addimando’s pro-bono attorneys submitted a clemency application to New York Governor Kathy Hochul, and presented the case to the Governor’s counsel. We are asking her to commute Nikki’s remaining sentence and release her back to her young children.

By granting Nikki’s petition for clemency, Governor Hochul, New York’s first female governor, has an opportunity to rectify an injustice in a system that so often punishes women for surviving. The application remains open but unacted upon.

Now more than ever, we need to show our support for Nikki’s clemency. Clemency decisions are often made at the end of the year – so now is the time to act! Please sign Nikki’s clemency petition or contact Governor Hochul’s office here and ask her to #FreeNikki.

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