Bernina Mata’s Story
As a child, Bernina was severely raped, abused, and neglected by her parents. She was eventually taken out of her parents’ custody and put in the foster system in Illinois, where she spent much of her adolescence. As a result of the trauma she experienced, she was also institutionalized for two years.
In 1998, at 28 years old, Bernina stabbed and killed John Draheim in her home after he attempted to sexually assault her. Earlier in the evening, Draheim came on to Bernina and when she refused his advances indicating she was a lesbian, he declared she “just hadn’t been f*cked by the right man yet.”
At the time that Bernina stabbed Draheim, she was experiencing extreme emotional distress from the attempted assault, exacerbated by a long history of previous sexual abuse. Afterwards, she called her then-girlfriend crying and so upset that she could hardly speak. Her girlfriend and her girlfriend’s step-mother both testified at trial that, after the incident, they saw a bite mark and bruises all over Bernina’s body. A forensic psychologist testified that Bernina did not have the “mental capacity” to “premeditate,” “deliberate” or have the necessary “intent to murder.”
Draheim had a documented history of violence against women. In 1991, his wife called the police after he assaulted her. In 1995, he was convicted of domestic battery for assaulting his wife. In 1997, an order of protection was entered against him, naming his wife and children as protected parties.
Bernina was charged with murder and, despite significant mitigating circumstances, including her extensive history of experiencing child abuse and the attempted sexual assault by Draheim, prosecutors sought the death penalty. To secure it, the State shamefully premised their prosecution of Bernina on a deeply homophobic and sexist theory that Bernina’s lesbian identity caused her to kill.
The state’s use of her racial and sexual identity as a weapon to demonize and prejudice her before the jury was successful. In 1999, Bernina was convicted and sentenced to death. She was on death row for four years until, in 2003, Governor Ryan commuted Bernina’s sentence to natural life in prison as part of a mass commutation of death row sentences.
Since her incarceration, Bernina has worked hard to understand her trauma and be of service to those around her. Despite the circumstances, she is remorseful for killing John Draheim, writing in a handwritten letter she submitted with her clemency petition, “I wake up everyday and wish that I could go back and change what happened…I hope that one day I can be forgiven, even if it is only by a small percentage of those hurt.”
Over the last 23 years of her incarceration, Bernina has become known for her mentorship, kindness, work ethic, affinity for animals, and love of reading. In letters of support for her clemency, her friends write that she is someone who is always “willing to help the next person,” has “a very delightful, amazing soul” and “has put in the effort to be better and change to make a difference.” Another friend writes that, “When one is having a hard time, she can be counted upon to lend a helping hand. I am proud to call her my friend.”
She has earned her GED while incarcerated, and has taken college courses, including becoming certified in Computer Technology and as a Pet Groomer. She has worked in the coveted Helping Paws program which trains dogs to be of service to disabled people and is certified as an Americans with Disabilities Aide. Like so many in prison, Bernina can do more to help others if she were free in society than she can do while imprisoned. She deserves to be free and we deserve the benefit of her presence in the free world.
In 1998, at 28 years old, Bernina stabbed and killed John Draheim in her home after he attempted to sexually assault her. Earlier in the evening, Draheim came on to Bernina and when she refused his advances indicating she was a lesbian, he declared she “just hadn’t been f*cked by the right man yet.”
At the time that Bernina stabbed Draheim, she was experiencing extreme emotional distress from the attempted assault, exacerbated by a long history of previous sexual abuse. Afterwards, she called her then-girlfriend crying and so upset that she could hardly speak. Her girlfriend and her girlfriend’s step-mother both testified at trial that, after the incident, they saw a bite mark and bruises all over Bernina’s body. A forensic psychologist testified that Bernina did not have the “mental capacity” to “premeditate,” “deliberate” or have the necessary “intent to murder.”
Draheim had a documented history of violence against women. In 1991, his wife called the police after he assaulted her. In 1995, he was convicted of domestic battery for assaulting his wife. In 1997, an order of protection was entered against him, naming his wife and children as protected parties.
Bernina was charged with murder and, despite significant mitigating circumstances, including her extensive history of experiencing child abuse and the attempted sexual assault by Draheim, prosecutors sought the death penalty. To secure it, the State shamefully premised their prosecution of Bernina on a deeply homophobic and sexist theory that Bernina’s lesbian identity caused her to kill.
The state’s use of her racial and sexual identity as a weapon to demonize and prejudice her before the jury was successful. In 1999, Bernina was convicted and sentenced to death. She was on death row for four years until, in 2003, Governor Ryan commuted Bernina’s sentence to natural life in prison as part of a mass commutation of death row sentences.
Since her incarceration, Bernina has worked hard to understand her trauma and be of service to those around her. Despite the circumstances, she is remorseful for killing John Draheim, writing in a handwritten letter she submitted with her clemency petition, “I wake up everyday and wish that I could go back and change what happened…I hope that one day I can be forgiven, even if it is only by a small percentage of those hurt.”
Over the last 23 years of her incarceration, Bernina has become known for her mentorship, kindness, work ethic, affinity for animals, and love of reading. In letters of support for her clemency, her friends write that she is someone who is always “willing to help the next person,” has “a very delightful, amazing soul” and “has put in the effort to be better and change to make a difference.” Another friend writes that, “When one is having a hard time, she can be counted upon to lend a helping hand. I am proud to call her my friend.”
She has earned her GED while incarcerated, and has taken college courses, including becoming certified in Computer Technology and as a Pet Groomer. She has worked in the coveted Helping Paws program which trains dogs to be of service to disabled people and is certified as an Americans with Disabilities Aide. Like so many in prison, Bernina can do more to help others if she were free in society than she can do while imprisoned. She deserves to be free and we deserve the benefit of her presence in the free world.
