‘Beyond Survival’ Screening Features Work of Criminal Defense & Advocacy Clinic

Brooklyn Law School Professor Kate Mogulescu welcomed a packed audience of students, alumni, community partners, activists, and judges to the Forchelli Conference Center for a screening and panel discussion Tuesday night of the documentary "Beyond Survival." Produced by the Women & Justice Project and Kashif Incubator, the film explores the history behind a New York State law that allows the experiences of domestic violence survivors to be considered if they are sentenced for a crime and the abuse is a contributing factor to their conviction.

“The film explores the many, many years of fighting that it took to get the Domestic Violence Survivors Justice Act (DVSJA) passed here in New York State, and all of the organizing that led to its passage. And it also touches on our efforts to implement the DVSJA in the years since it was passed,” said Mogulescu, co-director of the Law School's Center for Criminal Justice.  

The film included interview clips with Mogulescu, who notes the close link between people who experienced domestic violence and are incarcerated for violent crimes. She played a pivotal role early on in implementing the DVSJA on behalf of clients as director of the Law School’s Criminal Defense & Advocacy Clinic, and cofounder of the Survivors Justice Project. Four previously incarcerated domestic violence survivors whose moving stories were featured in the film received reduced sentences thanks to Mogulescu and students of the clinic, which partners with the Survivors Justice Project in making incarcerated people who are eligible aware of the DVSJA and helping them use the law to try to have their sentences reduced from the mandatory minimums.      

One of the featured survivors in the film was Tammara McCoy, an outreach specialist for the Survivors Justice Project, who received help from the school’s clinic when she was seeking a reduced sentence under the DVSJA.  

Part of the expert panel, McCoy said she remains grateful to Mogulescu and the trio of students who worked with her (Rahmel Lee Robinson ’24, Gregory Chang ’23, and Taylor Ramirez ’23) to gain release from prison after her first lawyer left her case in limbo for two years. The team’s work shaved nearly 10 years from what would have been her earliest possible release date and eliminated a potential life sentence. McCoy added that the students also received experience that they wouldn’t ordinarily receive in law school. 
 
“One of the biggest pieces for students to understand is we dealt with some tough issues,” McCoy said. “I had to speak about some really difficult issues and they took care with that information, and they just handled it beautifully. Incarcerated people are people with histories and lives and futures, and it’s important for students to understand that the legal system has gaps, and they’re not going to receive a formal education when it comes to how to deal with the traumas of survivors.” 

That experience with clients was valuable to clinic student and panelist Alena Wertalik ’25, who said she entered law school to use law as a “tool to be of service to others.” She was able to accomplish that goal as part of a team of clinic students who worked closely with a domestic violence survivor to deploy the DVSJA. 

“I remember vividly reading the client’s letters, our first video conference with her, going to see her and building relationships that we still have with her friends and her family,” Wertalik said. “And every step of this process has just reinforced that these cases are about real people.”  

Panelist Judith Clark, who is the director of the Survivors Justice Project, pointed out that the DVSJA is unique in that incarcerated survivors were its first advocates and that advocacy has continued throughout its history. The law has two aspects: one is that those who are facing charges since the law has passed can have it taken into account for a sentencing reduction at the time of their sentencing, and the second, which is featured prominently in the film, is that those who are already incarcerated can have their cases reviewed to see if they are eligible for a reduced sentence.     

“It’s also important that while the law is about domestic violence, it’s not just about intimate partner violence. It also includes violence on the part of any family member or household member, and that’s critical,” Clark said. “And finally, it opens up the fact that our legal system looks at this tiny moment and only asks the question, generally speaking, ‘Did they do it, or did they not?’ and this law says no, we actually need to look at a larger context and understand what else was involved.” 

Annalise Lockhart, the film’s writer and director, said that her role is to inspire people without manipulating their thoughts and feelings. In "Beyond Survival" that meant letting the domestic violence survivors tell their stories without sugar-coating their experiences, good and bad.  

 “As a filmmaker or artist, I am always thinking, ‘How can I move somebody? How can somebody watch a film, and afterwards, feel moved to change their life?” Lockhart said.  

Looking ahead, Clark said that the Survivors Justice Project is working to help more people in the state to utilize the DVSJA and is also working with coalitions in other states to advocate for similar legislation. Oklahoma has already produced a law similar to the DVSJA, and others are being worked on in Connecticut, New Jersey, Georgia, and Louisiana, she said.  

View photos from the event here.