Attack Not Disputed at Trial, Just Intent of the Attacker
http://www.nytimes.com/2007/05/23/nyregion/23fake.html?_r=1&ref=nyregion&oref=slogin
The prosecution and the defense offered contradictory versions yesterday of why — but not whether — a former fashion writer had dressed as a firefighter, tied up a woman he barely knew and sexually molested her in her Chelsea apartment on the night of Oct. 31, 2005.
In most criminal cases it is the “what” that matters, and the arguments center on evidence, whether circumstantial or concrete, from fingerprints to telephone records, that a defendant did what he is accused of doing.
But in the case of Peter Braunstein, both sides acknowledged in their closing arguments yesterday, there was little dispute about what he did. Rather, the central question, as framed by the defense, was almost metaphysical by comparison.
The question, both sides agreed, was whether he intended to commit acts of kidnapping, sexual abuse, arson, burglary and robbery. If convicted of kidnapping, the most serious charge, he faces up to life in prison.
Robert Gottlieb, Mr. Braunstein’s lead lawyer, told the jury in State Supreme Court in Manhattan that testimony about Mr. Braunstein’s mental state going back two decades to his college years showed that he had gone through a “progressive” mental deterioration.
Because of this mental deterioration, Mr. Gottlieb said, Mr. Braunstein, 43, should be acquitted, not because he was mentally ill, but because he was unable to form the “conscious objective” — otherwise known as intent — needed to prove that a crime was committed. Mr. Gottlieb said that Mr. Braunstein attacked the woman, a former editor for W magazine, in a vague, improvisational haze, a kind of fantasy, never knowing what he was going to do from one moment to the next.
“One fact, one undeniable truth has become clear during this trial, and that is that Peter Braunstein was very ill,” Mr. Gottlieb told the jury. “He was very, very sick on Halloween of 2005.”
Mr. Gottlieb argued in his summation that it did not even matter what type of mental illness Mr. Braunstein had, whether it was paranoid schizophrenia, as the defense has contended during the three-week trial, or borderline personality disorder, as the prosecution’s chief psychiatric witness testified.
“Call it an orange, call it a banana,” Mr. Gottlieb said.
All that mattered, he said, was that whatever illness it was, it interfered with Mr. Braunstein’s ability to form intent, and therefore he could not be convicted.
In her summation, Maxine Rosenthal, the lead prosecutor, argued that it did not matter whether Mr. Braunstein knew what he was going to do next before he did it. Intent, she said, could be formed in the same instant he was acting.
She reviewed the agonized testimony of the victim in painstaking detail: how Mr. Braunstein drugged her with chloroform, tied her to her bed, put high heels on her feet, snipped off her underwear, fed her cough medicine to “relax” her and fondled her while operating a video camera. Then, she said, he wore latex gloves to clean up everything, leaving almost nothing behind but a message on the bathroom mirror.
“He came prepared,” she said. “He brought the rope, the tape, the gun, the knife, the chloroform, the video camera, the gloves and the cough medicine.”
But the jury, Ms. Rosenthal said, did not have to find that he had a plan. “You are only being asked to decide at the moment he engaged in the conduct, was that his conscious objective,” she said.
Ms. Rosenthal reiterated the prosecution’s theme that Mr. Braunstein attacked the woman as a surrogate for his former girlfriend, Jane Larkworthy, and for the fashion industry and everyone else who had ever rejected or humiliated him. He could not attack Ms. Larkworthy directly, she said, because she had an order of protection against him, and besides, he had “been there, done that.”
He was angry at the fashion industry because he had been fired from his job at Women’s Wear Daily in 2002 for demanding a ticket for Ms. Larkworthy to accompany him to the VH1/Vogue Fashion Awards.
“He was better than them, more intellectual, more profound,” Ms. Rosenthal said. “He was angry. More than angry, he was furious.”
But even if he was mentally ill, she told the jury, that did not mean he could not form the intent to commit a crime. “Surely the prisons are not filled with undiagnosed schizophrenics who cannot form intent,” Ms. Rosenthal said.
The jury was expected to begin deliberating today.