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. Nikki’s abuse was extensively 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 her abuser.

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 her abuser. 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 in New York. 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, Dutchess County Judge Edward McLoughlin declined to afford Nikki the protection under the DVSJA.

On February 11, 2020, Judge McLoughlin sentenced Nikki to 19-years-to-life, plus 5 years post supervision for possessing her abuser's gun (to be served concurrently). Before doing so, he said, on the record, that Nikki may have “reluctantly consented” to “intimate acts,” and then called her a “broken person.” He is up for reelection in November 2025.

appeal

Nikki Addimando clemency

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 her partner, 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.”

It also 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.”

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. After two years of loudly pleading for clemency, Governor Hochul remained silent and unmoved.

Thank you to everyone who participated in our #FreeNikki movement, with 600,000 change.org signatures, 40,000 clemency petition signatures, and countless phone calls and emails to the Governor’s office. Nikki knew how hard we were fighting.

RELEASE

Nikki was released on January 4, 2024 thanks to:

  • Nikki’s outstanding attorney Garrard Beeney and his legal team at Sullivan & Cromwell LLP, and their pro-bono work;

  • The Domestic Violence Survivors Justice Act, and every advocate and lawmaker who fought to make it New York State law;

  • The New York State Supreme Court’s Appellate Division’s sentence reduction;

  • Every person and organization around the world who shared and amplified Nikki’s story.

    She is now living with her sister and their kids, in the process of healing.