Charlene Childers spent nearly three hours inside a Wayne County courtroom Wednesday,, Oct. 14 describing a hidden pattern of abuse that attorneys say provoked her to plan the murders of her ex-boyfriend and his fiancée in 2018.
Seven years ago, Childers admitted to plotting the Sodus double homicide of Joshua Niles and Amber Washburn over a custody dispute. She was sentenced to 28 years in state prison as part of a plea agreement.
Now, Childers is asking a judge to reduce her sentence under New York's Domestic Violence Survivors Justice Act. On Wednesday, she testified that Niles often weaponized her fear of losing their two children over a decade of physical and emotional abuse that continued long after the couple split up.
"I was scared," she
said repeatedly throughout Wednesday's hearing.
To qualify for resentencing, Childers must prove she was suffering from ongoing domestic violence at the time of her crime, that it was a significant contributing factor to the murders and that she received an unduly harsh sentence. If she succeeds, there is a possibility Childers could be released early on time served.
Was domestic violence a motive behind Sodus double homicide?
Wayne County District Attorney Christine Callanan, the original prosecutor on this case, has opposed the request on behalf of Niles' and Washburn's families. Callanan said Childers has given inconsistent statements around her tumultuous relationship with Niles as far back as the original investigation. She does not believe the alleged abuse was an exigent factor behind the attack.
After losing custody of her two children, Childers sent her then-husband Timothy Dean on a 1,600-mile road trip from Sunray, Texas, where she lived, to Sodus, New York, to kill Niles in his driveway.
"No person ever deserves to be a victim of domestic violence," Callanan said. "In a lot of cases, as prosecutors, we evaluate those facts and circumstances of domestic violence being potentially a motive or reason that a crime was committed and we try to address that up front. This statute is available now to give defendants who maybe didn't get that calculation done for them (the chance to) bring that back. But that is not this case.
"Even if every allegation she has made against Josh Niles is true, it still doesn't prove that that is a nexus to why she committed this crime," Callanan added.
Charlene Childers said abuse looked like fear, isolation, hope
Childers testified that she grew up in a broken family that struggled with domestic violence.
Shortly after she began dating Niles in 2008 at 15 years old, that relationship turned abusive, too, Childers said. She described being beaten, threatened with weapons, coerced into sex and prohibited from using the bathroom at various points throughout their four-year, on-again-off-again relationship.
Her attorney, Alexandra Harrington, focused on a line of questioning that constructed a cycle of abuse fueled by fear, isolation and hope. She attempted to confront doubt in Childers' testimony head on, repeatedly asking her: Why not tell anyone about the abuse? Why not leave? Why not ask for help?
Childers said she wanted to have a family and did not trust law enforcement to intervene. Their relationship ended in late 2012 shortly before Childers moved out of state. Still, she and Niles spoke often by phone because of the children.
Outside of court, Harrington said the resentencing provision acknowledges that some survivors of domestic violence may not initially understand or be able to explain how their trauma contributed to their crimes. She said it is important for judges and juries to consider that context when doling out punishment.
"When you're talking about the loss of life ― here, the loss of two lives ― there's going to be no amount of time, nothing makes that OK," she said. "Nothing will ever take that back or change it. I think that's something we're certainly cognizant of. But I think our justice system needs to account for both sides."
Testimony was to continue with the cross-examination of Childers. Her attorneys also plan to call a psychologist to the stand as an expert witness. Both sides will then submit written closing arguments to Judge Arthur Williams, who is expected to return a decision in the case before the end of the year.
― Kayla Canne covers community safety for the Democrat and Chronicle with a focus on immigration, police accountability, government surveillance and how people are impacted by violence. Follow her on Instagram @bykaylacanne. Get in touch at kcanne@gannett.com.
This article originally appeared on Rochester Democrat and Chronicle: Charlene Childers testifies about alleged abuse before Sodus double murder
