On a brisk January morning, Jackie Olsen strode
into her state representative's Sumter law office with a thick pile of
papers under her arm. She hadn't told Rep. Murrell Smith why she had
requested the appointment.
That became apparent quickly enough as Olsen handed him a stack of
newspaper articles, arrest warrants and court documents detailing the
gruesome slaying of her sister by a stalker in Charleston.
Smith was floored. "The more she explained, the more horrified I was
that something like that could occur," he said.
Olsen wasn't looking for his sympathy. She wanted change to prevent
such a tragedy from occurring again.
On Friday, she got her wish, standing alongside the Sumter Republican,
other state lawmakers and family members as Gov. Mark Sanford held a
ceremonial signing of Mary Lynn's Law, a tough new anti-stalking measure
that bears her sister's name.The ceremony was held in the Charleston
County Courthouse, a half-mile from where Mary Lynn Witherspoon was
strangled in her Tradd Street home in November 2003. Edmonds Tennent Brown
IV killed the 53-year-old French teacher just days after he was released
from jail and ordered to get mental health treatment.
Brown had been arrested five months earlier after breaking into
Witherspoon's laundry room and stealing her underwear. She apparently was
unaware of his release before he showed up at her door and strangled her,
leaving her body floating in a bathtub.
Among other things, Mary Lynn's Law bars those charged with or
convicted of stalking from entering mental health court or other diversion
programs, strengthens victim notification requirements and allows judges
to order mental health evaluations before setting bail for alleged
stalkers.
Olsen and her family were determined to see such protections become
law. "There was no way I could let this end with her death. We had to do
something to make a difference," Olsen said. "I was just driven by my love
for Mary Lynn. I couldn't let her down."
After learning about Witherspoon's case, Smith readily agreed to help
and drafted proposed legislation within a week.
Olsen knew little about the internal machinations of the legislature,
so she depended on insiders such as Smith and Laura Hudson, public policy
director for the South Carolina Victim Assistance Network, to point her in
the right direction. She became a fixture in the House and Senate, showing
up two or three days a week to keep track of the bill and companion
legislation as they passed through the chambers.
"She spent more time in the Statehouse than probably most legislators
this session," Smith said.
Another supporter, Senate President Pro Tem Glenn McConnell,
R-Charleston, recalled Olsen standing in the balcony and looking down on
the chamber, watching to see who tried to derail the bill. He warned
opponents that they would have to answer to her if they voted against the
measure.
She and her family stayed strong, but it wasn't easy. Jane Whelchel,
Witherspoon's daughter, said it was extremely difficult to share pain and
grief with strangers and representatives from government agencies whose
actions the family felt were partly responsible for her mother's death.
In the end, however, Witherspoon's relatives were pleased with the law
that emerged, despite some compromises along the way.
Sanford said the law strengthens protections for victims and preserves
their right to carry on with their lives without fear of some "strange nut
walking around stalking them."
"Women, just as men, deserve that most fundamental of all human rights:
the freedom to go where they want to go, when they want to go," he said.
Sanford later signed the law at a desk beside framed photographs of
Witherspoon, including one taken at her daughter's wedding, the two of
them smiling side by side. Whelchel, Olsen and Witherspoon's two other
sisters, Kay Felks and Jenny Loftis, stood nearby, still having a hard
time believing they had succeeded in making a change in just a matter of
months.
"We were told it could take years," Whelchel said. "To have it pass so
quickly is just a testament to (Witherspoon) and mirrors what a wonderful
person she was."
MARY LYNN'S LAW
The law strengthens state anti-stalking laws. Among other things, it:
-- Bars people charged with or convicted of stalking, harassment or a
violent offense from participating in mental health court, drug court or
other diversion programs. The ban also applies to those under a
restraining order.
-- Bars convicted stalkers from participating in work-release programs.
-- Lets judges require mental health evaluations of stalking suspects
before setting bail.
-- Requires that bond hearing judges be provided with incident reports
related to stalking and harassment offenses and criminal histories of the
suspects.
-- Creates more defined charges and penalties for stalking and
harassment.
-- Bolsters provisions to notify victims when defendants in stalking
cases are released from treatment or jail.
-- Creates a task force to examine and design statewide standards for
the operation of mental health courts.