Battered Spouse Syndrome in Murder Defense

Erie County Judge Thomas P. Franczyk has ruled that the defense for Muzzammil Hassan will be allowed to introduce evidence of "battered spouse syndrome." The case, as reported by Buffalo News, has been delayed three times this year already, in trying Hassan for murdering his spouse last year.

District attorney Frank A. Sedita III called it a "psychiatric hide-and-seek" tactic of the defense. 

One of Hassan's lawyers, Julie Atti Rogers, responded, "We never wanted a postponement.  We never intended this case to get pushed out into the new year. That being said, we are happy...to have his doctor testify regarding the evaluation that she did and the diagnosis that she made."

The defense has lined up Buffalo forensic psychiatrist Ana Natasha Cervantes, and Syracuse psychologist Kenneth Corvo, to testify that Hassan has suffered from "spousal abuse syndrome."

Hassan turned himself over to Orchard Park police on February 1, 2009 when the body of his wife was located in the studio of Bridges TV - a Muslim cable station that the couple ran together.

Colleen Curtin Gable, lead prosecutor in the case, and Sedita, stated that defense attorneys never gave a straight yes or no answer to over a dozen queries about the possibility of a psychiatric defense.

Rogers countered by stating that changes in counsel, lack of funds to obtain a psychiatrist and an expert that decided not to serve as a witness, kept them from announcing their plans.

Hassan is reportedly happy that his claims of spousal abuse will be allowed to be heard, per Rogers, "He feels like he's finally going to have a fair opportunity in court. It's his constitutional right to present a defense, and he's going to be given that right as a result of this decision." 

Franczyk was reminded by prosecutors that he had barred a battered spouse defense only a week prior. Franczyk contends that he had changed his mind because the prosecution intended to introduce prior, uncharged evidence of Hassan's wife abuse as his motive for her murder.

Buffalo News has obtained Aasiya Zubair Hassan's divorce affidavit that not only gives a timeline of her physical and psychological abuse, it also includes photographic evidence of her physical bruising.

There are also numerous police complaints over several years, but Aasiya Zubair Hassan never followed through on them.

Sedita doesn't find it surprising to introduce this evidence; it strengthens their case by showing a history of domestic violence targeting the deceased. 

The DA office will have psychiatrist, Dr. Gary Horwitz of Rochester, examine Hassan.  They are also demanding a disc that allegedly contains hundreds of e-mails to support Hassan's battered-spouse claims and all of Cervantes' written reports. In requesting time to review the e-mails Sedita said, "We need to determine whether they're genuine or they're fake and what their relevance is."

The judge has been hearing contradictory accounts of the problems in the Hassan marriage. Prosecutions state Hassan caused his wife's miscarriage four years ago; defense claims Hassan's wife threatened to stab him hours before her murder. 

Defense continued to claim that Hassan was a victim for many years of "debilitating abuse," including daily kicks, slaps and hits that ruined his self-esteem and caused him to seek professional treatment for depression.

If you are victim to domestic violence, whether needed in a defense or not, contact a personal injury attorney in our directory today to explore your rights.