Judge hears a pregnant Hulsey's plea

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

A Superior Court judge held off on deciding whether to reduce the sentence of Heather Lea Hulsey, currently serving a six-year prison term for the hit-and-run death of a 71-year-old Montecito doctor.
She has requested leniency due to the fact that she is pregnant.

Hulsey, 21, appeared in court yesterday as her public defender, Mindy Boulet, pushed for Judge Frank Ochoa to reduce her sentence to probation and allow her to enter a structured pregnancy support program.
“The focus needs to be on the unborn child,” Boulet said.
In a strongly worded argument against lessening her sentence, Senior Deputy District Attorney Arnis Tolks emphasized that Hulsey is eligible for a program for imprisoned pregnant women offered by the California Department of Corrections.
He also asked Judge Ochoa to consider whether the knowledge that Hulsey is pregnant would have had any impact on his sentencing decision in February.
“It doesn’t make any difference to me whatsoever,” Tolks said, calling the request for a reduced sentence “shameful.”
Hulsey pleaded no contest to two felony charges in December for vehicular manslaughter while driving under the influence of alcohol and fleeing the scene of an accident knowing a person had been injured.
According to witness testimony during a preliminary hearing, Hulsey had been drinking vodka at the Montecito Country Club on July 27, 2006, before she left in her SUV and hit Dr. Ronald Shlensky as he walked his dog along the street where he lived.
In her argument to Judge Ochoa, Boulet said Hulsey had become involved with a man in the recovery program at Casa Serena, a residential treatment facility where she had been residing prior to her sentencing.
Casting her client as under stress and depressed, Boulet said Hulsey had “reached out” and had no intention of being irresponsible or becoming impregnated.
“She was not searching for this or asking for this,” she said.
Boulet said her client believed she had miscarried due to stress and thusly failed to disclose her pregnancy during the sentencing hearing.
She also argued Hulsey had entered Casa Serena responsibly — cutting ties with friends she used to drink with and following strict program guidelines.
However, Tolks retorted that Hulsey had missed numerous sobriety tests while staying at Casa Serena and engaged in sexual relations with another recovering subject.
“This person is not responsible,” he said. “She is not to be trusted.”
He pressed Judge Ochoa to reject the request for a reduced sentence in light of her eligibility for the prison program.
“Given her repeated examples of irresponsibility, including, and you have to include, the conception of her child … it’s the only fair sentence,” Tolks said.
However, it appeared unclear whether Hulsey is, in fact, eligible for the Department of Corrections pregnancy program.
Boulet cited, and Judge Ochoa noted later, a section of the program criteria disqualifying anyone convicted of a crime involving the death of another.
Tolks said he had spoken with two counselors from the program who said vehicular manslaughter cases are decided on an individual basis and believed Hulsey would be eligible. He also planned to speak with the director of the program and return with more information today.
Judge Ochoa decided to wait for that information before making a decision on Hulsey’s sentence, continuing the hearing until this afternoon.
Tolks also noted during his argument that Hulsey, sentenced four months ago, should have been transported to state prison but has remained in Santa Barbara County Jail to attend restitution hearings.
He said he is willing to drop the restitution request, something Shlensky’s family has also asked of him, in order to bring closure to the proceedings.
“I want this court to finally say enough,” he said.
Boulet opened the hearing yesterday by calling two witnesses — the director of a local pregnancy support program and a doctor of clinical psychology.
Fawn Kuba, program director at Villa Majella, said she recently spoke with Hulsey and believes she would be a good match for the organization, which offers structured pregnancy housing and support services.
“I saw a woman who truly had a repentative (sic) heart, and truly had a desire to change and grow,” Kuba said.
She said the program includes random drug and alcohol testing, case management, counseling, evening curfews and a slate of guidelines and restrictions such as no smoking or men on the premises.
When questioned by Tolks about the pregnancy support program offered in state prison, Kuba admitted she knew little beyond what Boulet had told her but said, “They are not encouraging the women.”
Dr. Bobbi Jo Lyman, who holds a doctorate in clinical psychology and specializes in prenatal and perinatal health and psychology, took the stand next.
Although she could not cite any research related to the impact of incarceration on pregnant women and their infants, Dr. Lyman said studies show a stressful, insensitive environment can have a negative impact on the development of newborns, as well as their ability to bond with their mothers.
“The more social support that the woman has, the less problems with attachment there will be,” she said.
An infant separated from its mother early in life is at risk for more behavioral and emotional problems later in life, Dr. Lyman added.
Tolks directed a series of pointed questions at Dr. Lyman, asking whether risk factors exist when an infant is around an alcoholic, irresponsible mother who was convicted of a crime. She did not dispute his argument.
“Obviously it’s all very dependent on who the mother is and what environment that mother can provide,” Tolks said.