The Girlfriends: Jailhouse Lawyer — S3/E7 “Going Underground”

Release Date: August 25, 2025
Host: Anna Sinfield
Topic: How Kelly Harnett, a survivor of domestic abuse convicted for murder, became a jailhouse lawyer—helping herself and fellow inmates fight for justice under the new Domestic Violence Survivors Justice Act, even when forced “underground.”

Overview

This episode explores the blurred lines between victim and villain in the criminal justice system, centering on Kelly Harnett—imprisoned after surviving domestic violence and being present at a murder committed by her abusive partner. Journalist Anna Sinfield recounts Kelly’s transformation from isolated inmate to legendary jailhouse lawyer at Bedford Hills, guiding others to freedom (and, ultimately, winning her own release). The episode also delves into systemic failures, the impact of law changes, devastating losses, and Kelly’s relentless pursuit of justice against all odds.

Key Discussion Points & Insights

1. Death and Loss Orbiting Kelly’s Case

• Eerie Pattern of Deaths

  • Multiple individuals connected to Kelly’s case—including her lawyer, her co-defendant (abusive ex Tommy Donovan), and key witnesses—have died, leaving Kelly increasingly isolated.
    • “The amount of people that have passed away within my case, it’s just... very eerie.” — Kelly Harnett (03:28)

• Ambivalence Over Tommy’s Overdose

  • Relief at the abuser’s death, but anger and frustration that he can’t recant or testify for Kelly.
    • “He got the easy way out. I did all the suffering.” — Kelly Harnett (05:58)

2. Kelly’s Jailhouse Lawyering: Hope Amid Hopelessness

• Building a Reputation
  • Kelly becomes a fixture in the Bedford Hills law library, advocating for inmates, often the last hope for women failed by public defenders and the system.
• Community Recognition
  • Fellow inmates rally against her removal from the library, writing heartfelt support letters.
    • “Ms. Harnett has given me hope towards the future. I fully trust Ms. Harnett with my life…” — Anonymous Inmate Letter (11:19)

3. A Beacon for Survivors: The Domestic Violence Survivors Justice Act

• The Game-Changing Law

  • Enacted in NY in 2019, the DVSJA allows resentencing if domestic violence significantly contributed to a crime.
  • Kelly takes initiative: studies the law, creates the first motion templates, and identifies eligible inmates—with first real impact on her own birthday.
    • “When I made this template, I started asking people if they were victims of domestic violence. It was on my birthday, on the very first day that it passed…” — Kelly Harnett (12:02)

• First Wins & Momentum

  • Helps at least three women (Jessica, Stacey, Mikayla) get released.
    • “She went to court. She came back for like a day, and she was gone. She went home.” — Kelly Harnett (12:52)
  • Longtime acquaintance Tasha sheds light on how Kelly’s expertise revived her hope:
    • “I had nothing but faith in her.” — Tasha (32:21)

4. Tragedy Within Triumph: Lulu’s Story

• A Client Lost to COVID

  • Lulu (Darlene), a survivor of severe trauma and abuse, was working with Kelly toward legal relief when the pandemic struck.
  • Lulu dies, the first incarcerated woman in NY to succumb to COVID—her death underscores systemic neglect and the urgency of Kelly’s work.
    • “If I got her out sooner... maybe she would have still been alive.” — Kelly Harnett (27:25)
    • “She should not be here. This is not right.” — Kelly Harnett (23:04)

• Consequences for Kelly

  • Lulu’s passing haunts Kelly, fueling her desperation to get herself and others out before it’s too late.

5. Taking Risks: Kelly’s Desperate Gambit During Lockdown

• Sabotage for Survival
  • Inmate movement and legal access are restricted by COVID lockdowns. To keep working and access the infirmary’s law tablets, Kelly intentionally contracts COVID.
    • “I said, I have to catch COVID. I was telling people to cough in my face…” — Kelly Harnett (28:31)
    • “If I die here, you know what? I died fighting.” — Kelly Harnett (31:10)

6. Forcibly “Underground”—But Undefeated

• Banned from the Law Library
  • Kelly is officially barred from legal work, but persists—meeting clients secretly in the yard and “underground” law library.
    • “I just started helping people on the unit, in the yards…. I helped people, no joke, in snowstorms. I’m not even kidding.” — Kelly Harnett (38:03)
• Legend Status
  • Officers, inmates, all recognize her as the go-to for hope and help.

7. A Reciprocal Kindness: Tina’s Help for Kelly

• Inmate-to-Inmate Allyship
  • Tina, an abuse survivor who benefited from the DVSJA, connects Kelly to her own attorney, Kate Mogulescu, who takes on Kelly's case.
    • “I’m not thinking of her helping me. I’m thinking of me helping her.” — Tina (40:43)
• Writing Her Own Freedom
  • Kate empowers Kelly to draft her own legal motion, merging her lived experience and legal expertise.
    • “This is where emotions meet the law.” — Kelly Harnett (41:54)

8. Winning Release: Emotional Highs and New Lows

• Breakthrough: Time Served
  • Kelly’s motion under the DVSJA succeeds—she’s granted time served and will soon go free.
    • “She said, ‘Kelly, they gave you time served. You got it. Congratulations.’ And I just started screaming.” — Kelly Harnett (43:06)
• Bittersweet Family News
  • Calls her brother and learns her mother is gravely ill, possibly dying, at the moment of her victory.
    • “I said, Ronnie, is she reacting? What is she doing? He said, ‘She gave a thumbs up.’ And that broke my heart.” — Kelly Harnett (45:55)
    • “It was a race against time now.” — Kelly Harnett (46:43)

Notable Quotes & Memorable Moments

• On Systemic Loss:
  “Why are people dying? Why are people dying?”
  — Kelly Harnett (06:38)

• On the Impact of Legal Work in Prison:
  “If it wasn’t for her, I probably would never have gone back to the law library… I had nothing but faith in her.”
  — Tasha (32:21)

• On Collective Grief in Incarceration:
  “When they put me in prison, they put everybody in prison. Really. It’s over. Is it over?”
  — Kelly Harnett (47:01)

• On Relentless Advocacy, Even After Being Banned:
  “I helped people, no joke, in snowstorms…I’ll meet you on another day.”
  — Kelly Harnett (38:03, 39:16)

• On the Intersection of Emotion and Legal Process:
  “This is where emotions meet the law.”
  — Kelly Harnett (41:54)

Key Timestamps for Important Segments

• 03:28 – Kelly describes the eerie loss of people surrounding her case
• 05:58 – Kelly reacts to Tommy’s death
• 11:19 – Impact letters from fellow inmates
• 12:02 – Kelly innovates motions under the DVSJA
• 14:33 – Tasha recounts how Kelly’s help changed her fate
• 23:04 – Kelly’s heartbreak over Lulu’s situation
• 27:25 – Kelly wrestles with guilt after Lulu’s passing
• 28:31–31:18 – Kelly’s deliberate COVID exposure and desperation
• 38:03–39:16 – Kelly’s underground legal advocacy
• 40:43 – Tina sets Kelly’s legal journey for freedom in motion
• 41:54 – Kelly reflects on the emotional stakes
• 43:06 – Moment Kelly learns she’s getting released
• 45:55 – Bittersweet family call home
• 47:01 – Preview of Kelly’s emotional exit

Conclusion

This episode vividly illustrates the tangled web of trauma, broken legal systems, solidarity, and resilience inside prison walls. Through Kelly’s pioneering legal work and commitment to the women around her—culminating in her own freedom—the show exposes the failings and rare flashes of hope within the justice system. Despite devastating losses and institutional obstacles, Kelly refuses to give up, inspiring a legacy that will endure beyond her time at Bedford Hills.