For the first time since a law meant to relieve incarcerated victims of domestic abuse went into effect nearly a year ago, a resentencing hearing was held Tuesday in Tulsa County District Court.
The Oklahoma Survivor’s Act allows courts to lessen punishments for survivors convicted of crimes against abusers.
The test subject in Tulsa County is Erica Harrison, originally sentenced to 25 years for manslaughter after she shot and killed Calvin Anderson more than a decade ago. That sentence was reduced to 20 years in 2016 due to improper questioning by prosecutors.
Harrison now hopes to be released under the Oklahoma Survivor's Act after serving more than 12 years in prison.
Emotions run high
While detailing alleged molestation and rape, Harrison teared up multiple times in court. Eventually, she asked her defense attorney to let her children leave the courtroom. Her family, which packed two rows, also left.
Harrison testified Anderson was a family friend who allegedly assaulted her twice — once when she was a young teenager — by slipping drugs into her drinks. She woke up during the assaults, confused as to why she would consent to sex with Anderson.
Eventually, Harrison’s daughter told her she witnessed Anderson carrying her incapacitated body into a bedroom.
Retelling of the shooting
Harrison claimed that between the abuse and the shooting of Anderson, she called 911 four times to report sexual assault. Only two of those calls were recorded and presented as evidence.
On the night of the shooting, Anderson, who Harrison testified for the first time Tuesday threatened her with a knife, was drinking on the tailgate of a truck when police approached Harrison’s apartment.
Harrison thought they were responding to one of her previous 911 calls. She ran toward the police with her gun in her cleavage, arms waving. The officers, however, drove past, headed elsewhere. Harrison said this angered Anderson, who moved toward her.
Harrison said she shot Anderson as he approached her.
Memory concerns
The prosecution attempted to challenge Harrison’s account of the abuse and the shooting.
They noted that this was the first time Harrison mentioned Anderson’s knife threat. During the original trial, the prosecution said Harrison “thought nothing of it” because Anderson typically carried a fishing knife.
They also pointed to Harrison’s testimony that Anderson was “snoring like a warthog” after the sexual assault and noted that she did not immediately kick him out of the apartment.
Expert witness
YWCA Senior Director of Sexual Assault Services Mikela Rhodes was called to the stand as an expert witness by the defense.
Rhodes described Harrison’s memory gaps as common for someone who has experienced trauma.
Rhodes said behavior like letting an abuser remain in a shared space is common for people with sexual abuse trauma. Many survivors maintain relationships with their abusers, and not reporting sexual assault to police is also common.
Expert cross-examination
The prosecution challenged Rhodes’ qualifications. Rhodes said she completed three years of psychology courses and has participated in specialized training but does not hold a degree in psychology or any other field. She confirmed she could not clinically diagnose Harrison.
The prosecution sought to discredit her as a non-clinician giving expert testimony on surviving sexual assault.
Sexual partner argument
The state argues that Anderson didn’t meet any of the four relationship categories defined in the Oklahoma Survivor’s Act as being eligible for relief, and therefore Harrison isn’t qualified for resentencing.
Those categories are:
• Established sexual partner
• Family member or member of the household
• Trafficker of the applicant
• Any person who used the applicant for financial gain
The prosecution asked Harrison multiple times if she considered Anderson a sexual partner. She said no each time. The defense argued that a forced sexual partner should still qualify under the law.
Argument over the term “sexual partner” is central to the case and may influence future resentencing cases under the Oklahoma Survivor’s Act.
Looking ahead
Judge Sharon Holmes has slightly more than a month to decide whether Harrison will serve the remainder of her 20-year sentence for manslaughter, or whether she will become the first person released in Tulsa County under the Oklahoma Survivor’s Act.
