Tag Archives: psychology

The Mo Show: People Rest, Defense Fumfers

27 Jan

Yesterday’s witnesses at the murder trial of Muzzammil Hassan introduced technical DNA evidence regarding the crime scene and the murder weapons.  They came in quick succession, culminating early in the afternoon with DA Colleen Curtin Gable establishing that Hassan literally had blood on his hands when taken into custody.  At that point, the People rested their case, having established that Hassan had committed an intentional and premeditated homicide.

A witness from Sprint/Nextel authenticated several text messages harvested from Hassan’s and Aasiya Zubair’s cell phones.  The texts were written after Hassan had been served with divorce papers and a restraining order, as he was staying in a nearby hotel.  He was downright hounding his estranged wife to call him “just for two minutes” so that he wouldn’t “toss and turn” all night.  He wanted to get one controlling word in for the night, and he texted her repeatedly every two minutes before she told him to stop, what with the TRO and all. The last batch of texts were exchanged literally moments before the murder, as Aasiya asked that Hassan place her car keys in his desk at the studio for her to pick up, and they said “sorry” to each other for something that happened earlier in the day about some lunch plans.

From Aasiya: Sorry for lunch!

From defendant: Sorry for hurting you

From Aasiya: I am sorry too

Next message at 5:34 p.m.

From defendant: I have returned in all sincerity, honesty and humility.

Less than a minute

From defendant: I cannot carry on without you and family

At 5:38

From defendant: I haven’t done anything to hurt you since Sunday when I learned my mistake.

The last message between the two was sent at 5:42 pm. February 12, 2009

From defendant: I am a good man, Aasiya, a humble and decent man. I made some mistakes. Please don’t punish me so hard. God likes forgiveness.

When the prosecution rested its case, Judge Franczyk had to remind Hassan  to make a customary defense motion to dismiss the case for insufficient evidence of the crime(s) charged. He made it, it was denied, and Hassan was prompted to call his first witness.

Except he didn’t have any lined up.  For him to successfully establish that he was a “battered spouse” who committed a homicide as part of a generalized self-defense, he will need to introduce expert psychological testimony to establish that fact.  The problem for Hassan is that none of the people who evaluated him are willing to testify for him – one of them went so far as to notify Judge Franczyk of that fact.  The further problem for Hassan is that he cant subpoena expert opinion witnesses to testify against their will.

Hassan gave a sort of “we’ll see” answer to that question, and proceeded to ask the judge for a do-over opening statement.  No dice – denied.  He then asked to re-call his children to the stand.  The judge took that under advisement, but wanted to know what he intended to ask the kids.  Hassan also wanted to introduce piles of documentary evidence, including Aasiya’s medical records, showing that he had beat her.  No one knows where he’s going with that.

Remember: Hassan is pro se and judges generally give pro se litigants extra evidentiary and procedural latitude in criminal cases.

Seeing that Hassan was unprepared for trial that day, the judge released the jury for the day. At 10 am today, trial resumes and it promises to be the “Mo Show” circus from here on out.  It’s very likely that Hassan will testify today on his own behalf – he can’t forego his last opportunity to victimize his wife.

He clearly gets off on his own arrogance and hubris.  The defendant very obviously believes that he’s the smartest guy in that room – that he’s better than everyone, the lawyers, the judge, the jury – everyone. His charm is so contrived and fleeting, the kind of guy who hobnobs with important people, reveling in his community status as the co-owner of a groundbreaking television production company, then comes home and terrorizes his third abused wife.  His personality comes out so clearly that I’m absolutely positive that the jury – which yesterday finally started giggling during his repeatedly objected-to attempts to cross-examine witnesses – can see that he’s a monster.

Trial resumes today at 10am.  Many of you have asked how you can get in to watch.  25 Delaware Avenue, 4th Floor, Part 25.  Seating is excruciatingly limited, so either come early or be prepared for a brief wait – the deputy outside the door will control the crowd and let you in when a seat becomes available.  This is our legal system at work, despite a madman’s efforts to subvert it.

(Some material from personal observation, most from the #Hassan thread on Twitter)