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For One Victim, the Struggle to Regain a Sense of Control

Natalie Marti’s experience as a victim of crime begins in February 2003 when she, her husband, and their baby daughter were driving home on an Idaho interstate. As her husband, Shawn, prepared to exit the freeway, a drunk driver traveling the wrong way at speeds estimated at 98 mph smashed into Marti’s vehicle.

Marti’s husband and daughter, Sage, were killed instantly. Natalie suffered serious injuries and brain trauma. She spent the next three weeks in a coma before regaining consciousness and the strength to embark on her recovery.

The police report on the crash left little doubt about who was at fault.

Shawn had no time to avoid the collision, no room on the roadway to maneuver, Marti recounted from the investigation report. The conclusion was there was nothing he could have done to avoid a crash, she said.

“We had no control over anything at that moment,” Marti said.


In the months and years that followed, like so many other crime victims, Marti experienced and worked through a range of emotions: anguish, anger, grief, stress disorder. Over time, her mental and emotional recovery journey would take her down a path toward forgiveness and ultimately building the strength and will to speak publicly about the perils and consequences of drinking and driving.

But to hear Marti tell her story, one central theme stands out: the control of her life that she had lost and her struggle to reclaim it.

“I was 23 years old at the time this happened to me,” she said. “I had to move back in with my parents again, have them take care of me, drive me around.

“After I got out of the hospital, I thought I’d go back home, sleep in the bed my husband and I shared, see my daughter’s room, her crib and the clothes she wore. The doctor said I couldn’t do that,” she said. “I learned quickly I couldn’t live the way I wanted to … to make my own choices. Losing my independence and control over my own life was such a frustrating experience.”


Marti is a supporter of Marsy’s Law and its goal of strengthening the rights of crime victims in Idaho and ensuring their place in the constitution.

One of the motivating forces behind her support should come as no surprise. For Marti, Marsy’s Law is about giving victims more control, about having guaranteed rights to take part in the legal system.

“Rights were taken away from me …. when this man crashed into me and my family 14 years ago,” she said. “I lost my right to raise my daughter and live the life I could have had with Shawn. But all of this was taken away, I lost control of any of this, because of someone else’s choice.”

Under Marsy’s Law, which is being proposed as a constitutional amendment, victims would be afforded equal constitutional rights as the accused or convicted. In specific terms, Marsy’s Law would provide victims reasonable and timely notification of court proceedings from trial to parole, information about sentencing and probation, the right to confer with prosecutors and reasonable protection from the accused and those acting on their behalf.

Lawmakers and voters in five states have already approved Marsy’s Law and enshrined victims’ rights in state constitutions. Advocates are currently working to pass similar constitutional amendments in Idaho and eight other states.

Support in the Gem State continues to grow, with endorsements coming recently from the Idaho Sheriff’s Association and legislative leaders like Idaho House Speaker Scott Bedke.

A bill will be introduced in the 2018 Idaho Legislature, and if approved will be added to the ballot in November 2018.

“The biggest reason for supporting Marsy’s Law for me is guaranteeing rights for victims,” she said. “It’s important for victims to feel and believe they have rights in the legal system. Being at the trial, being at sentencing or whatever step in the process you want.

“I think it’s important because it gives a victim a sense of being in control again. When you’re a victim you feel like so much control has been taken away from you.”

Natalie Marti lives in Meridian, is a hair stylist and operates a salon. She also teaches swimming to children during the summer. She’s written a book about her experience entitled, “Last Words” which she hopes to have published later this year. She is active on the public speaking circuit, sharing her experience as a victim and teaching about the potential harm and implications of drinking and driving. For more information about Natalie, visit her website at:

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A Closer Look with Ashlee Birk

On March 11, 2011 Emmett Birk was shot and killed in a Walgreens parking lot by the husband of a secret mistress. His wife, Ashlee, was made a widow at the age of 28 with 5 children.

Ashlee is a survivor and through her trials, she has used her own story to bring comfort and healing to others. Ashlee shares her story through a blog and book series entitled, “The Moments We Stand.” In them, she tells of her personal journey of healing and seeking peace after the murder of her husband Emmett.

Ashlee resides in Idaho and supports Marsy’s Law. Below she explains more of her story and how Marsy’s Law would have impacted her journey.

As you know, crime victims’ rights in Idaho are not enshrined in the state’s constitution. Can you talk about how this gives the accused and convicted a greater level of constitutional rights versus crime victims?

There are so many rights that protect the accused here in Idaho, but as victims, we do not receive the same care. How this looks in a courtroom is very emotionally hard for those who sit on the victim’s side. Attorneys are allowed to downplay the life of victims, but rights protect the same to be done to the accused. Perpetrators can be offered freedom before anyone hears how this will affect the people they offended. Feelings of the victims are forgotten, as attorneys on both sides spend most of their time making sure they don’t offend the offender. This type of law takes away the voice of the one who has already suffered. It protects someone—who didn’t protect anyone in the first place—but allows the hurting to have to hurt more. Victims become a witness who cannot talk about anything more than a robotic story of an event that changed their life, without showing too much emotion on how much it still hurts. They have to sit silent, for however long that trial is postponed—and then again for however long it lasts. They feel forgotten, because quite frankly…they are. They become a victim again, to a system who has forgotten who deserves the protection.

What would you say to a voter, who may not be familiar with Marsy’s Law? Why should they consider voting for the measure when it goes to the ballot?

If I had the chance to speak to a voter, who didn’t understand Marsy’s Law, I would first explain what it is like to be a victim without a voice. I would help them understand that NO victim ever chose to be one, and sadly one day we all could be sitting on that side of a courtroom. I would share with them moments when I felt like I had no rights, and no voice, and how alone those months—and years—were for me.

What do you say to Idaho’s elected officials who are considering whether or not to support Marsy’s Law for Idaho?

To Idaho’s elected officials,

I ask you to support Marsy’s Law. I ask you to see the victims…both past, present, and future…as people. See them as your own child, because someday it could be. I ask you to listen to their voices because they all have stories to tell. I ask you, the elected officials of Idaho, to protect the ones who need it the most. There are no words to describe that moment when you become the victim, there are no stories that can describe the immense pain that each of them holds. Please remember the voiceless souls who live in our state who want more than anything to feel protected, loved, and cared about…in a time when they fear nobody in the world ever will. Please, when you go to vote for anything, remember to vote for your people.

How do you feel Marsy’s Law would have helped in your particular situation?

In my story, I know Marsy’s Law would have changed some things.

The day our offender was granted bail, he was walking the streets before I even got the news. There are no words to describe the fear of a mother—standing in a public place for the first time, alone, trying to find a grief book for her babies—as she answers a phone call saying the man who shot her husband—in the head and heart—was let free. It had only been weeks. With Marsy’s Law that girl would have a chance to share her voice, to feel like her fears were heard, and to chose to be part of each step of a journey, she never got to chose to be part of in the first place.

In the early years—waiting for the trial—I requested many times to be able to meet the man who shot the gun. It was never granted. I didn’t see his face until I was seated right in front of him at the jury selection.

During the trial, if victims had equal rights as offenders, I wouldn’t have had to listen to a month of how my murdered husband’s life was not worth anything. The prosecution slandered his name and used everything as evidence as to why he deserved to die. They didn’t treat anyone in that courtroom as a person—I felt like we were all more like movie characters they were talking about. But every time the tables were turned, and there was evidence of the accused—putting down his character—we were quickly on grounds for a mistrial.

Each day, I would go to the courtroom with a burning pit in my stomach, choking back tears—taught and trained to make sure I didn’t show any emotion…as to not sway the jury. Every measure was taken to make sure the victims did not act too human—even though it was their life that had been changed forever.

It is hard to sit silently while people talk about “victims and offenders”, because just like the accused wants to be seen as a real person…so do the victims.

Marsy’s Law will help future victims not have to go through what we have in the past. Victims need to have a voice in their own story. They deserve to not spend years feeling like they are worthless, alone, and forgotten. I know my journey would have been a little lighter, had we been given the same rights as the man who shot those bullets.

I stand for change because I don’t want anyone else to be the victim of victimhood. We can—and we will—protect the ones who need protection. The broken who are hurting, and the souls who have never felt so alone…even when surrounded by a million eyes.

There are always going to be victims—hopefully not you—but say the day does find you…I hope you feel like you have the right to be protected. We cannot control what happens in our lives, in our states—in our countries—but we can decide how we will respond to those who need us most.

About Victims' Rights in Idaho – Senator Todd Lakey

Special thanks to Senator Todd Lakey for his support of Marsy’s Law for Idaho and for taking the time to write the following on the subject of victims’ rights in Idaho.


SJR 102 will make important amendments to the victims’ rights portions of Idaho’s constitution. Particularly, Article 1, Section 2. 

A victim is not involved in the criminal justice system as an exercise of their own free will and choice.

Idaho’s constitution has existing protections for victims, but there are some changes that are needed to be made to be sure that they are adequately heard and protected in the justice process. HJR 8 is primarily about the victim being able to have an effective voice in the process. It’s about being able to communicate their perspective throughout the process.

For example, it requires notification be reasonable and timely, Idaho’s constitution currently just says prior. So, as it stands under current statute, notification could be an hour before the applicable hearing or an hour before the trial. While that is unusual, this law will ensure that notification is reasonable and timely. This joint resolution will also give them the right to be heard at some junctures during the process. These include parole hearings, plea bargaining, post-arrest and post-conviction release proceedings.

This law will allow their voice to be heard at any proceedings that affect their rights as a victim. It also provides reasonable protection from the accused. They don’t have to meet with the accused or talk with the accused or meet with the accused’s attorney if they choose not to. A new aspect allows a victim to communicate through their attorney, a designated representative or the prosecutor. It is often very difficult for a victim to effectively voice their perspective in the same place as the accused when they’ve been through something traumatic. This law allows for them to not only submit it in writing or through the prosecutor but also through a designated representative, giving them several alternatives.

Idaho deserves strengthened rights for victims. We urge all Idahoans—no matter your background, location, interests, history or otherwise—to familiarize yourself with this important law and champion it, because anyone can be made a victim.