State v. Grecinger

569 N.W.2d 189 (1997)

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Nature of the Case

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Facts

D had been in an on-and-off relationship with Barbara for about three years. On September 28, 1991, D and Barbara attended a memorial run for the BPM motorcycle club and a party that took place afterward. On the night before the party, D grabbed her by her hair, slapped her, threw her to the floor, and choked her until she lost consciousness. The next day, said that she did not want to attend the party but, according to her testimony, D insisted that she go. Once at the party, she found Grecinger kissing a woman who was sitting on his lap. She testified that she threw the woman off his lap but did not get into a fight with the woman. She then told D that their relationship was over and went into the bathroom. D followed her into the bathroom, closed the door, and beat her. d grabbed her by the hair, threw her to the floor, kicked her, and choked her until she lost consciousness. D allegedly told her, 'If you leave me, I'm gonna kill you; if I can't have you, * * * no one's gonna.' When Skoglund regained consciousness, she started screaming for help, and D choked her again until she lost consciousness. When she regained consciousness a second time, D demanded that she get on her knees, hug him, and apologize for making him angry. D then told her to walk out of the bathroom with her head up high without crying or looking at anyone. D followed Skoglund outside and told her to get on his motorcycle. She started to run away from D, but he caught her and dragged her back over the dirt road to his motorcycle. Again, he told her to get on the motorcycle. She complied, and they drove off. During the motorcycle ride, D slapped her in the face. At D's house, she broke away and ran down the street, screaming for help. Two women stopped and let her into their car. They took her to the home of her friend, Copiskey, where she spent the night. At the Battered Women's Coalition (Coalition) pictures were taken and she was then taken to the emergency room because she was fading in and out of consciousness. Barbara suffered from numerous injuries, including swelling and bruising around both eyes; a fracture in her left orbital bone; bleeding in her right eye; bruising and abrasions on her face, ear, and neck; a swollen lip; swelling around her vocal cords consistent with choking; bruising and swelling on her shoulders, chest, arms, and legs; an abrasion on her abdomen; and a tender scalp. After being assured that D would not be arrested except upon her request, she agreed to give a statement. During her hospital stay, Copiskey brought her a letter from D in which he apologized for what he did and asked that she speak with him. D promised he would leave her alone if she did not press charges against him. He also promised her he would seek treatment for his anger. She gave the pictures to one of her sisters for safekeeping. She resumed her relationship with D after he told her that he had stomach cancer and would not live much longer. At D's insistence, she called the sheriff's department and recanted, claiming two unknown men had assaulted her when she left the party. She admitted that she lied to some people about the cause of her injuries because she was afraid of D. She petitioned for orders for protection against D a number of times; however, she either sought to have the petitions dismissed or failed to follow through on them because she feared that D would harm her. In June 1994, she sought to reopen the investigation because she was afraid he was going to kill her. D’s testimony was the exact opposite of Barbara’s. D attacked her credibility, suggesting that the three-year gap between the time the incident occurred and the time she pursued prosecution demonstrated that she was not credible. P sought to introduce expert testimony on battered woman syndrome. It was admitted over D's objection. The expert explained that many battered women do not report the abuse out of fear for their safety, denial of the abuse, fear that no one will listen, or hope that the batterer will change. D was convicted of attempted murder in the second degree and assault in the third degree, and he was sentenced to 153 months in prison. The court of appeals affirmed. D appealed.