Wendy's Motion to Dismiss Denied

We are deeply saddened to report that Wendy's motion to dismiss was denied by Judge Rodriguez this morning at Kern County Superior Court.

The Kern County DA offered a plea deal of voluntary manslaughter, time served, meaning Wendy would avoid further incarceration. However, she'd have a felony on her record for defending her life. This isn't justice. We only wish the DA would show as much sympathy to the victim as they do the abuser.

If Wendy doesn't accept the plea deal, the Kern County DA will retry her, and her family will be retraumatized all over again. This is how plea deals operate as forms of coercion. Wendy reports back to court this Friday to discuss the next steps.

Wendy Howard Update, Judge’s decision postponed

Dear Community,

Although we were hoping that Judge Rodriguez would grant the motion to dismiss Wendy’s one remaining charge based on her double jeopardy plea, a decision has yet again been delayed until April 5th.

It appears that Judge Rodriguez is basing her decision on whether or not Wendy’s attorney, Tony Lidgett, objected on the record to the jury instructions that split one voluntary manslaughter charge into two at the start of the trial, rather than basing her decision on the constitutional challenge presented in the motion to dismiss. The judge’s decision will be made April 5th pending her review of the trial transcript.

The April 5th ruling coincides with the readiness hearing for a new trial, since Kern County DA Cynthia Zimmer refuses to drop the charge against Wendy, insistent on retraumatizing this family of survivors.

Despite our disappointment, we held an energizing press conference and are so grateful to those who spoke: Wendy’s Pastor, Dale Rose, her daughter, Bayley Frost, Survived and Punished co-founder Alisa Bierria, formerly incarcerated survivor of domestic violence, Kelly Savage-Rodriguez, and Trial Juror-turned-Advocate, Mark Christian. We know how rare it is for a trial juror to advocate for a defendant post-trial, and we appreciate that Mark is moved by a moral obligation to prevent an innocent woman from going to prison.

To view the press conference, please visit Defend Wendy’s Facebook page. (Apologies for previously streaming a silent video).

We include some impactful quotes from the press conference:

Pastor Dale Rose, Canyon Hills Assembly of God: 

“One thing that I’ve come to know is that sometimes it’s hard to have faith in the justice system. The last few days it’s been accentuated. But I know Wendy is innocent. The court knows she’s innocent. Four times they’ve said not guilty: first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, and yet, her case is threatened to go on. It’s just not right.” 

Bayley Frost, daughter of both Wendy Howard and the decedent, and a survivor: 

“I was really hopeful this could be over today. For me, for my mom, for my sister, Miranda, all my little siblings, and our whole family. But it’s not, it’s being pushed back again and now it’s going to continuously loom over our heads....This has been going on for years and still doesn’t have any end in sight…It is extremely traumatic for me and my whole family, and we just really want this to be over. ” 

Alisa Bierria, co-founder of Survived & Punished:

“This is a strategy to continue to traumatize survivors of domestic violence, continue to traumatize survivors of child sexual abuse. You wear people down until they’re forced to take your plea deal, and that’s how DAs work. Wendy Howard has been through a brutal trial. Her daughters, Miranda and Bayley, have been through a brutal trial, her entire family. We have seen the Kern County DA use this strategy against other survivors of domestic violence, where they won’t let it go. There’s a hung jury, so they’ll retry the case, another hung jury, and they’ll retry the case, until survivors are impoverished by trying to defend themselves in court, completely exhausted, worn down, retraumatized, until they are finally pressured into taking a plea deal that they don’t want to take, that they shouldn’t have to take, because they did nothing wrong to defend their lives.

 The Kern County DA is choosing to use public resources that could be used to actually support survivors of domestic violence, and support survivors of child sexual abuse, with housing and counseling, and other resources they need to survive. But what’s happening here is the Kern County DA is choosing punishment over justice, and punishment over safety. The DA should never have pursued this case. They should immediately drop this case today, yesterday, so that Wendy and her family can finally move on from this horrible nightmare. But we are going to be here until the end, we are going to be here to see the end. There is no way her supporters and family are going to give up this fight, but we hope that the fight can be resolved and end in freedom, today.”

Mark Christian, Trial Juror #1:

“I listened to all the evidence…and for one, I cannot believe we are here again today....Many mistakes were made in this case, I believe, from the Tehachapi Police Department, that they tried to cover up….I was here in October, and after hearing everything, we deliberated, and we said not guilty on Murder 1, Murder 2, and not guilty on the other charges. And we’re here today because they [the DA] can’t figure out what that means.....The county will know that this trial seems to be more politically motivated than because of justice.”

Kelly Savage-Rodriguez, formerly incarcerated survivor of domestic violence:

“As someone who survived serving a sentence as a survivor, I understand the importance of the jury and what takes place in this court, but I also am absolutely aware of how corrupt it is. Nobody is considering the victims, and the fact is there are victims throughout this entire county. Unfortunately, we do not have a prosecutor who is willing to step aside [for justice]. It is about a conviction, and not about the victim’s rights. Nobody is looking at Wendy’s children and saying “We are serving their best interests.” This county is serving the interests of the DA at this moment, NOT of those victims. 

There is no reason to keep retrying this case and creating more deficit in this county for no other reason than pride. There is no other way we can put this in perspective than they want a conviction, and it is all about the conviction and NOT the actual responsibility of the county to have done their right job in the first place, and had the decedent incarcerated in the first place, when they first found out he was assaulting people. That is the truth. Instead, they are looking for a conviction just to get any conviction, and that is not okay. And our community here in Bakersfield needs to say something. Because they are the ones paying for this trial. Wendy should not be incarcerated, we must end this now.”

***Having such a powerful gathering only reaffirms our commitment to Wendy’s freedom, which we hope to celebrate in the near future.***

If you are able, please consider donating to Wendy’s Legal Fund, and follow us on Facebook, Twitter, and Instagram. 

Thank you so much for your support in this growing movement for Wendy! We will send another update following the April 5th court dates.

In Solidarity,

The Wendy Howard Defense Committee 

Judge to rule March 21 on motion to dismiss Wendy Howard case, as DA refuses to dismiss last charge

After both Eric Smith and defense attorney Tony Lidgett presented brief oral arguments, Judge Elizabet Rodriguez said on Tuesday she will issue a decision on March 21 regarding the defense’s motion to dismiss the case against Wendy Howard. Since the prosecution delayed sending their opposition brief until late Friday, just before the 3-day weekend, Judge Rodriguez did not have the opportunity to review the brief, nor the reply that the defense filed thereafter.

In January, Lidgett filed a once-in-jeopardy plea, arguing that Wendy has been fully acquitted of all charges and cannot be retried due to double jeopardy. This claim stems from the judge’s unusual instructions to the jury, who were told to consider voluntary manslaughter broken down into two theories - imperfect self-defense and heat of passion. Legally, however, voluntary manslaughter is one charge that considers both theories, and because the jury acquitted Wendy of voluntary manslaughter once, Lidgett argues that Wendy is acquitted of all charges and the law prohibits her from being tried with the same evidence a second time.

 “What we have here is a classic case of double jeopardy,” Lidgett said. He argued it would be “nonsensical” for the prosecution to retry her on the theory she acted in the heat of passion when shooting Pitts, after previously arguing the killing was premeditated. 

Wendy has the support of friends and family, and of local, statewide, and nationwide advocates. It is a waste of taxpayer dollars to retry Wendy, who poses no threat to public safety. The Kern County District Attorney continues to change its narrative in its malicious quest for a conviction. Before the trial, they refused to identify Kelly Pitts as a violent predator and only admitted that he was a child molester when it benefited their argument that it was premeditated murder. When Wendy was found not guilty of murder, they are again changing their narrative to argue it is voluntary manslaughter in the heat of passion. The DA has never been able to stick to a single narrative in this case because it is not about justice, it is about a conviction. The only story that has remained constant in this case is Wendy’s: that she defended herself when her life was in danger.

The DA is more interested in their conviction rate than seeking justice on behalf of victims. Wendy Howard defended herself when her life was in danger, and she was found not guilty of murder and acquitted of all charges. She has received an outpouring of support from Kern County, including from the legal community, police officers, business owners, religious leaders, radio hosts, and even a trial juror who publicly came out in support of her. We are baffled as to why the DA insists on retrying a survivor of domestic violence who protected herself and her family from a violent sexual predator who the DA admitted belonged in prison, although they failed to put him there.

The Wendy Howard Defense Committee continues to call on the DA to drop the charge and stop this egregious waste of taxpayer dollars.

Wendy Howard’s Double Jeopardy Hearing Tuesday, 2/21, 8:30 am

On October 21, 2022, a jury acquitted domestic violence survivor Wendy Howard of all charges except for voluntary manslaughter on the heat of passion theory, for which there was a hung jury. On December 2, 2022, the DA announced their commitment to continue to prosecute on that one charge, despite that Wendy acted in self-defense to protect her life. The retrial date for the one charge has been set for April 17.  

However, in January, Wendy’s attorney, Tony Lidgett, filed a once-in-jeopardy plea, arguing that Wendy has been fully acquitted of all charges and cannot be retried due to double jeopardy. That hearing will take place this Tuesday, February 21 at 8:30 am, in Kern County Superior Court.

This claim stems from the judge’s unusual instructions to the jury, who were told to consider voluntary manslaughter broken down into two theories–imperfect self-defense and heat of passion. The jury considered the charges separately, and acquitted Wendy of imperfect self-defense, but hung 7-5 on the heat of passion theory. Legally, however, voluntary manslaughter is one charge that considers both theories, and because the jury acquitted Wendy of voluntary manslaughter once, Lidgett argues that Wendy is acquitted of all charges and the law prohibits her from being tried with the same evidence a second time.

 If the motion to dismiss succeeds, Wendy will be free and acquitted of all charges. If it’s denied, the retrial may proceed, although an appeal may be taken all the way to the California Supreme Court, and the retrial would be postponed until a decision is made.

The Wendy Howard Defense Committee calls on DA Cynthia Zimmer to drop this last remaining charge. Social media commentary indicates that local public opinion strongly supports Wendy, calling the case a waste of taxpayer dollars.

Ralph Bailey, host of Kern Radio's The Ralph Bailey Show, is adamant in his belief that Wendy will be free. On his December 2 show, he vehemently stated, “They ain’t never, and I know members of the DA’s office listen, they ain’t never, they ain’t never ever, they ain’t never ever, ever, ever, EVER gonna get a conviction on Wendy Howard.” 

DROP THE LAST CHARGE! 

END THE EMOTIONAL AND FINANCIAL TRAUMA FOR WENDY AND HER  FAMILY

Wendy Howard’s Trial concludes Week 3 in Bakersfield, CA as jury deliberates

Closing arguments concluded October 19th and the jury is currently deliberating. The Wendy Howard Defense Committee held a successful press conference prior to court yesterday and we filled all 15 seats the court allotted us, with advocates spilling outside the courtroom.

DA Eric Smith's closing argument included an acknowledgment of Pitts's abuse, saying “He should be in a six-foot by eight-foot cell. That's where he should be right now." (Although they failed to put him there). The DA has never denied Pitt's violence, knowing what a bad look it would be to deny the truths of the 5+ survivors who offered emotional testimony during the trial, but despite believing those survivors, refuse to believe Wendy's story of survival. With no direct evidence, the DA's argument literally hinges on a few text messages where Wendy expressed anger upon discovery of Bayley's sex abuse, and are labeling the shooting as "vigilante justice". By the end of their closing argument, however, they urged the jury to select second-degree murder or voluntary manslaughter, notably dropping first-degree from their list of charges.

In the defense's closing arguments, Wendy's attorney, Tony Lidgett, focused on the fear Wendy faced when she acted in self-defense, a fear built on past DV experiences with Kelly Pitts that included strangulation, attempted rape, and being beaten with a baseball bat while pregnant. The defense highlighted the DA's lack of evidence and stressed their inability to prove murder beyond a reasonable doubt.

Lacking content to deliberate, we expect the jury to deliver a verdict in the next couple of days and are hopeful for an acquittal.

Please visit our press coverage page and make sure to watch ABC23's video and click through The Bakersfield Californian's photos. You can also review our Twitter feed from yesterday for live updates of the closing arguments.

Wendy's attorney is requesting to be paid and we are still $8k short of the funds required for her legal fees. If you are able, please make a donation to the fundraiser below.

Thank you for your continued support of Wendy and her family! Please keep them in your thoughts and let us hope the jury does the right thing. #NotGuilty #JusticeforWendy

Wendy Howard’s trial concludes Week 2 in Bakersfield, CA

Wendy Howard has made it through two weeks of trial, and closing arguments are expected to take place early next week. Please join us on Monday and Tuesday at Kern County Superior Court in Bakersfield, CA. You can also listen to the audio livestream remotely. 

The prosecution has called many witnesses, mostly police officers, to try to paint a picture of Wendy as a vengeful woman who shot Kelly Pitts in a premeditated act of murder. In an interview with Bayley (Wendy’s daughter) in 2019, a detective asked leading questions about whether Wendy was angry with Pitts, and whether she said she wanted to harm him. Although Bayley said that she didn’t remember any such words, the detective kept asking, waiting for the answer he wanted to hear. 

With no witness testimony to support a murder, the prosecution is relying on highly contested forensic evidence. The District Attorney is arguing that Wendy shot Pitts in the back, and thus that she was not in danger at the moment she fired the gun. This is faulty logic on multiple counts. Witness testimony and evidence show that Pitts was moving erratically after being shot, which would explain bullets entering his body from multiple angles. The coroner who examined his body said that he could not determine the position of the shooter from the bullet holes. A retired detective working as a criminologist used blood spatter pattern analysis, a dubious pseudoscience, to speculate about how and where Pitts was moving after being shot. During cross-examination, he admitted that Pitts could have been moving toward Wendy when he was shot. 

While this nebulous evidence has not made a case for Wendy shooting Pitts from behind, what it has revealed is breathtaking negligence on behalf of the Tehachapi Police Department. It began when Wendy reported Bailey’s sexual abuse and the police sent multiple squad cars to the house— in full view of Pitts, who lived down the street. They did not arrest, detain, or question Pitts, but instead stoked his suspicion and anger, likely leading to the confrontation that ended in Pitts’ death. After Pitts was shot, officers on the scene did not even provide emergency aid because they came without gloves and he was bleeding heavily. The coroner believes that if the police had given Pitts emergency first aid, he would have survived. 

Instead of aiding Pitts, the police were focused on arresting Wendy and her daughter-in-law, Kierra, despite having no reason to believe that Kierra was more than a bystander. They needlessly separated Wendy’s kids and grandkids from their parents, compounding the trauma of that night for the entire family. Finally, the police failed to even secure the crime scene, coming back to take pictures and search for bullet casings days, weeks, and even years later. 

This negligence would be laughable if it didn’t have real, devastating consequences for Wendy and her family. While the trauma that they caused Wendy, Bayley, Kierra, and the entire family cannot be undone, DA Cynthia Zimmer has the power to stop it from escalating further by dropping the charges.  

Do women have the right to self-defense or not?

We call on DA Zimmer to DROP ALL CHARGES!!!

We encourage media outlets to cover this case, which is live audio streamed whenever court is in session, generally from 9-12 and 1:30-4:30

Wendy Howard’s trial concludes Week 1 in Bakersfield, CA

The first week of Wendy Howard’s trial concluded on Friday with testimony from Wendy’s daughter, Bayley, detailing the sexual abuse of her father, Kelly Pitts, and confirming that his ATV was moving towards Wendy when she defended herself by shooting him on June 5, 2019, 3 days after she learned of the abuse and it was reported to the police. Preceding Bayley’s testimony was testimony by Wendy’s oldest daughter, Miranda, and a woman who dated Pitts’s son. Both of these women’s experiences of sexual abuse by Pitts resonated with Bayley’s description of the violence she witnessed and experienced by Pitts, establishing that Pitts sustained a devastating pattern of sexually abusing multiple girls and young women in the community. 

All three women described their terror of Pitts. Pitts’s son’s former girlfriend lived in Pitts’s home, and when her boyfriend had to work nights, she was so fearful of being raped by Pitts, she shoved a heavy dresser in front of her door to block him from entering the room. Wendy’s daughter-in-law, Kierra Whitney, also testified about her own fear of Pitts’s anger. In a personal interview with the Wendy Howard Defense Committee, Kierra recalled an incident when various family members, including Pitts’s son, were playing monopoly at Pitts’s house. Pitts got upset with his son and without saying a word, flipped over a 120 lb. table, knocking over the monopoly game without warning. 

Miranda testified that Pitts threatened to shoot Wendy’s children when they lived with him. Bayley testified that her father became angry when she refused to perform oral sex on him when he trapped her in a car in the desert. Pitts’s anger and threatening violence were a theme throughout the week of trial. On June 2nd, 2019, Miranda reported Pitts’s abuse of Bayley to the police, and the police went to Wendy’s home in multiple police cars. Kierra testified that when Pitts, who lived three doors away, saw police cars gathered at Wendy’s home, he called between 50-100 times that day to inquire about them. Based on Pitts’s acts of extreme violence and intimidation, the entire family became increasingly terrified of him. Though Wendy previously had a 5-year restraining order against Pitts due to violent abuse, the police did not arrest him while they investigated, nor did they help the family make a realistic plan to stay safe. The police told Wendy to “act natural.”

All three women who testified expressed their doubts that the police would protect them. When Wendy learned that Pitts had abused Miranda in 2006, she went to the police, but the Kern County DA refused to file charges. The woman who dated Pitts’s son testified that she did not contact the police because Pitts bragged that he was friends with them. Bayley also testified that he bragged of being the only marijuana distributor in Tehachapi and that he sold marijuana to police officers before legalization. Kierra Whitney says, “The police enabled Kelly Pitts. He had 7 felony charges and they allowed him to continue to slip through their grasp. He groomed our entire family…The Kern County DA is responsible for putting Wendy in the situation she’s in since they never protected this family despite allegations of abuse that spanned two decades.”

The Wendy Howard Defense Committee calls this trial an outrage, a miscarriage of justice, and a total waste of taxpayer dollars. It is also an act of violence to pursue first-degree murder charges against a shell-shocked mother of 7 children, 3 still living at home, who had to choose between being run over or beaten to death by Pitts or defending her life when he attacked her. It is an act of violence to force all of these victims of sexual abuse who have been failed by police and prosecutors to re-live their traumatic experiences for an unjust public trial. Punishing women for saving their own lives when the police and the DA abandoned them is state-perpetuated gender violence. 

We call on DA Zimmer to DROP ALL CHARGES!!!