"She Asked For It #1"

Kay Wood paintings

Based on incident described below, 1983, oil on canvas, 44"x 72"

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The Boston Globe Saturday, June 25, 1983
Denver women protest ‘nights only’ sentence
Judge says murdered wife had provoked husband
by Elizabeth Kaufman
Associated Press

Denver - More that 150 women, demonstrating against a two-year, nighttime only sentence for a man who murdered his wife, said yesterday that the judge’s ruling reinforced the idea “that women are property.” At a rally sponsored by the Colorado chapter of the National Organization for Women, speakers chided the judge and cheered in support when Dist. Atty. Norm Early said he would ask the state Supreme Court to review the sentence. The protest was prompted by the sentencing Wednesday of Clarence Burns, 47, to a two-year term in the Denver county Jail. He pleaded guilty to second-degree murder in the Aug. 15 death of his wife, Patty, who was shot five times in the face. The sentencing permits Burns to serve his jail time at night only, while continuing to work as a meatcutter during the day.

Judge Alvin Lichtenstein said in passing the sentence that Mrs. Burns may have provoked her husband to violence by leaving him without warning. “I think when violence is condoned, it should be for only one reason and that is self-defense,” said Dottie Lamm, wife of Colorado Gov. Richard Lamm. “He was not abused, she did not have a gun, and the light sentence not only reinforces that violence is okay, but that women are property.” Women on a lawn in front of the Denver Professional Women’s Building carried signs that said “Violence Against Women Is A Crime.” and “Judge Lichtenstein Condoned A Woman’s Murder.”

Lichetenstein said he ruled out a stiffer sentence partly because of “highly provoking acts” by Mrs. Burns. He said she had deceived her husband by being “extremely loving and caring” before her departure and had left without leaving a note. Terre Rushton, a lawyer who had represented Mrs. Burns, said the judge’s comments were “absolutely contrary to everything she told me.” Rushton was hired last July to get a restraining order against Burns. She said Mrs. Burns sought her help because her husband physically threatened their son and abused her mentally and physically. Rushton cited a probation report that said Burns’ therapist called him a typical wife batterer. “The judge had that report available to him,” she said.

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