From a statement released from the Delaware City Prosector’s Office:

Assistant City Prosecutor Joe Schmansky said he believed probable cause existed to file a charge.

"Nevertheless, an important consideration in determining whether to initiate a domestic violence case is the wishes of the victim," Schmansky said in a press release. "This factor is critical because it impacts the likelihood of success at trial, particularly in a case such as this where the victim is the only witness (other than the defendant) who can provide testimony as to the circumstances that gave rise to the case."

Schmansky added Mrs. Jordan’s desire not to pursue a criminal case against her husband highlights the difficulties prosecutors face when dealing with similar types of cases.

Unfortunately, I know there will be some who will be utterly convinced that this decision was based on partisan politics.  But I have to say that the 911 call shows a very professional law enforcement agency, and as someone with criminal defense experience in this area, the prosecutor made the only call they could do.

Perhaps they could have argued that the 911 tapes were admissible as a substitution of his wife’s testimony, but ultimately it would still be difficult to prove a case and that’s even if the recordings were admitted.  You can’t cross-examine a recording, or challenge the credibility of a person’s recording.

A defendant has a Sixth Amendment right to confront the witnesses against them.  Without Mrs. Jordan’s willingness to testify against her husband, the prosecutor had a tough case to present without potentially running into Sixth Amendment challenges. 

Tragic.

Evangelize!
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  • https://me.yahoo.com/a/I36l6R0Ppv9Xrv7VDLT3Fa7Grs4huwhgxg--#c9aea PalliYour Name

    Good behavior may not last long.

  • Random Thoughts

    This just makes me sad. Classic battered wife… terrified to cause trouble for her husband out of fear of getting beaten to a pulp. 

    We can only hope that, with the public focused on the Jordans and their relationship, he will either decide to clean up his act, or she will come to her senses and do what needs to be done before it’s too late.

  • Annekarina

    This is tragic.  Maybe she will be a lucky one and seek help for battered wives.  Before it is too late.

  • Anonymous

    ….not that I speak from experience or anything but domestic violence cases are tried in Ohio courts all the time without a victim’s cooperation.  It’s part of the preferred arrest policy thats been in effect for more than 15 years. A policy made because of unwilling victims such as this.

    The main point here to overcome, it was supposedly all verbal so there would be no evidence. So the prosecutors decision doesn’t surprise me. But he is mistaken when he says Domestic Violence cases are not prosecuted without a victim. Happens all the time.

  • Anonymous

    oh yeah, the headline is misleading, charges can’t be dismissed without being signed first.

  • Anonymous

    It is possible, sometimes, to prosecute domestic violence charges without the victim’s cooperation, but I wouldn’t say that’s done “all the time.”  It’s still pretty rare.  And it’s only done in cases where there’s independent evidence that renders the need of the victim’s testimony unnecessary… such as other eyewitnesses, or photographs of injuries.  Ms. Jordan was reportedly not physically injured and there were no witnesses.

    I’ve never seen a fourth-degree misdemeanor domestic violence charge be prosecuted without the victim in cases like Jordan’s.  It’s just not possible.  Nobody said that domestic violence isn’t prosecuted without the victim, but it’s rare and normally less successful than when the victim cooperates.

  • Anonymous

    I read the Dispatch article and am beside myself, listening to Jordan’s drunken remarks.  He claimed he would be sent out of the State House because his wife called 911 – a typical jerk who is blaming the victim for his own shortcomings – If I get kicked out it will be HER fault!  And the revelation that this has gone on for 2 years – geez, they’ve only been married like 4 years!   I guess the prosecuter will file charges only if there are bruises, broken bones, black eyes, or a bullet hole.  Melissa Jordan, get out now while you still can!

  • Anonymous

    Yeah I shouldn’t have used “all the time” , it is in fact infrequent, but more common than you would think.  You are absolutely correct when it is usually done in cases where there is physical evidence.

    Sounds like this one was all verbal threats so that would be near impossible to prove in court. 

  • http://pulse.yahoo.com/_CW2J65B3NDO5CJIMRP4FYJMPSU Adrienne

    Not surprised. I feel bad for his wife. Maybe he needs to be featured on Nancy Grace, “wife beating politician…….nothing to see here move along.

  • http://profiles.google.com/morgansher Morgan Sheridan

    Many states have changed the laws on Domestic Violence so that they will proceed with the prosecution whether the abused party cooperates or not – and that was done because they found out the abuse doesn’t stop, that the abuse escalates, and that deaths are the common outcome in these cases.  WTF is wrong with Ohio? 

  • Anonymous

    Of course she won’t testify against him.  He’s done violence against her in the past, and she’s afraid it’ll escalate. 

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