State v. Edwards

60 S.W.3d 602 (2001)

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Nature of the Case

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Facts

D dropped out of school to elope with Mr. Edwards in 1953 when she as sixteen years old. They had a daughter and two sons. Mr. Edwards began verbally and physically abusing D from the first day of their marriage, often hitting her with his fist, the back of his hand, or pieces of furniture. Mr. Edwards would also kick her and pull out some of her hair. When D was pregnant with their fourth child, Mr. Edwards struck her in the stomach, causing a miscarriage. He frequently threatened to kill D and their children, and he told her that he would track her down and kill her if she tried to run away. Mr. Edwards frequently struck the children with his fists or a belt, held them by the hair, and/or kicked them. He kicked their oldest son down a flight of stairs. In 1966, when their daughter Jackie was approximately thirteen years old, Mr. Edwards held a gun to her head, forced her to have sexual intercourse with him repeatedly, and threatened to kill her if she did not comply or told anyone. D left two different times but returned home after Mr. Edwards promised that the beatings would not happen again. The 'honeymoon' period lasted two or three days. Co-workers, customers, family members, and acquaintances testified at trial that they often saw D with bruises on her face and arms and black eyes, and an employee of the store testified that he witnessed Mr. Edwards screaming and swearing at D at their store. Both the mother and the daughter went to the County Sheriff to report the abuse but he did nothing. On July 23, 1996, Mr. Edwards pushed D and struck her with a hard object. D then went to bed but remained awake all night for fear Mr. Edwards would kill her in her sleep. D would either just sit quietly and not speak, trying not to incite him, or to just go to bed. She was afraid to go to sleep during such episodes because Mr. Edwards would frequently attack her while she was sleeping. The following morning at about 6:15 a.m., Mr. Edwards struck D, knocking off her glasses and causing her wristwatch to stop. They both went to work at the store. Mr. Edwards continued the argument and severely struck D's arm, apparently with a length of lead pipe, as she raised her arm to protect her face. D thought her arm might be broken. D was certain that he was going to try to kill her. D picked up a .38 caliber handgun that was kept under the front counter in the store for security. When Mr. Edwards started to swear at her, D shot him four times from a distance of about five feet, striking him in the head, upper arm, and back. Mr. Edwards died from those wounds. Dr. John Howell, a psychologist at Northwood Psychiatric Services, had diagnosed D with post-traumatic stress disorder, physical abuse of an adult victim, and dissociative disorder. D believed herself to be in imminent danger and that she could not conform her conduct to the requirements of the law when she shot her husband. Dr. Marilyn Hutchinson diagnosed D with post-traumatic stress disorder and dependent personality disorder. Dr. Hutchinson testified that D suffered from battered spouse syndrome. Dr. Hutchinson said that the cycle of violence and learned helplessness characterized by the Edwards' relationship is a well-established pattern of that syndrome. The jury acquitted her of murder in the second degree but found her guilty of the lesser-included offense of voluntary manslaughter.

D appealed claiming the trial court erred in refusing to submit her proposed jury instructions related to 'battered spouse syndrome.'