GUILTY NY - Barbara Maier Gustern, 87, brutally shoved in street, dies, Manhattan, 12 March 2022 *arrest*

[JoeFromLB]

Yeah... I don't know if temper tantrums will qualify as insanity...

The legal bar of insanity is very high indeed. LP has to prove she did not know the difference between right and wrong. The defense is rarely successful.
Diminished capacity, on the other hand, is a bit easier. Her $950/hour attorney will probably argue that her bipolar anger, fueled by wine, caused her to "lose it" and lash out. I can't imagine that argument convincing anyone either.

She should have taken the initial plea deal, imo.

 

[mickey2942]

The legal bar of insanity is very high indeed. LP has to prove she did not know the difference between right and wrong. The defense is rarely successful.
Diminished capacity, on the other hand, is a bit easier. Her $950/hour attorney will probably argue that her bipolar anger, fueled by wine, caused her to "lose it" and lash out. I can't imagine that argument convincing anyone either.

She should have taken the initial plea deal, imo.

The "I am a 'mentally ill, mean drunk'." defense? I don't see it. Even people who are mentally ill have to take responsibility for their actions. And her elaborate attempt at covering her tracks sort of negates that she was not conscious of her behavior. Or the consequences. Hiding out at parents house? Expecting them to clean up her mess again?

I think that if there is a careful review of her history, there are probably a bunch of similar incidents. That is why the plea deal was just a bone. I believe that if prior bad acts can be admitted, we will find out that this was just one in a long line of other incidents.

Perhaps the "Affluenza" defense? "I am a rich little brat, who doesn't know any better?" Because my parents never made me face consequences of my actions?

 

[Trebor5591]

Lawyers Raise Psychiatric Defense For LI Woman In Fatal Shove: Report

A report has been submitted attesting to Lauren Pazienza's state of mental health at the time of the shove, Newsday reports.

patch.com

So, this one is not behind a paywall. It appears that there is significant evidence againt the "Long Island Sewage Queen". So, she is going with mental defect as a defense.

I would agree, that people who kill other people more than likely have a mental problem. However, I don't see it working here. JMO

the "Long Island Sewage Queen"!!! Good one, LOL!!

 

[mickey2942]

the "Long Island Sewage Queen"!!! Good one, LOL!!

The cesspool scion socialite charged with fatally shoving woman, 87

The fiery-haired young woman charged with manslaughter for shoving an 87-year-old grandmother on a Manhattan sidewalk is the daughter of a Long Island cesspool mogul.

www.dailymail.co.uk

"Cesspool Socialite", another excellent nickname.

 

[Misy]

I’ve been lurking here and there’s no new news? I read months ago that her trial was postponed til Dec 8th, yesterday. It’s weird, there’s no new news when googling. Only things I can find are from may and a few from august. Does anyone here know anything?

 

[CandyKiss]

I’ve been lurking here and there’s no new news? I read months ago that her trial was postponed til Dec 8th, yesterday. It’s weird, there’s no new news when googling. Only things I can find are from may and a few from august. Does anyone here know anything?

States she has rejected the deal to cap her sentence at 15 years. Defense is claiming 'was intoxicated and had other psychological issues.' If her attorney can not prove this and it goes to trial I'll bet they give her more than 15 years.

"prosecutors said they planned to have a psychological assessment completed by January"

Prosecutors: Mental eval soon on ex-Port Jeff woman in fatal shove

The defense for Lauren Pazienza has also been preparing a psychological assessment on the former Port Jefferson resident to determine her mental state when she allegedly shoved a vocal coach to the ground in Manhattan, leading to the 87-year-old woman's death.

www.newsday.com

 

[JoeFromLB]

I can't imagine her $950/hour defense attorney is in a hurry to get this case over with. At the same time though, she's in jail and certainly not enjoying it. She should have taken the plea deal.
JMO.

 

[mickey2942]

I can't imagine her $950/hour defense attorney is in a hurry to get this case over with. At the same time though, she's in jail and certainly not enjoying it. She should have taken the plea deal.
JMO.

I am sure that the $950 an hour attorney presented the options to the client, and she made the decision based on information from her counsel.

Seems to be a conflict of interest when an attorney paid by the hour gives an option to client, plea deal or trial. The attorney has a vested self interest in a trial in this case.

Of course, all attorneys practice with the highest ethical standards, putting interest of clients foremost in their minds at all times.

 

[mickey2942]

https://www.jpost.com/diaspora/article-701542

The victim, Barbara Gustern, was an amazing and remarkable woman. She was not Jewish, yet she learned all about Jewish music, and was a renowned teacher of "Cantors", Jewish men who sing at temples.

 

[Trebor5591]

I wonder if she's learned to rein in her temper?

doubtful, in my opinion. But can time in jail and then prison be a positive experience, resulting in real change?

 

[Trebor5591]

This is all I could find on-line. This is the order where she was denied bond. The case number is Case No. 2022-02297. June 2022. Not certain if this case number is permanent. So she is still held on Riker's Island? Not a very nice place from what I have heard.


Supreme Court of the State of New York Appellate Division, First Judicial Department Kapnick, J.P., Moulton, Shulman, Pitt, , JJ. 16247 In the Matter of THE PEOPLE OF THE STATE OF NEW YORK, ex rel. ARTHUR AIDALA Index No. 154311/22 on behalf of LAUREN PAZIENZA, Case No. 2022-02297 Petitioner-Appellant, -againstWARDEN, RIKERS ISLAND CORRECTIONAL FACILITY, Respondent-Respondent. Aidala, Bertuna & Kamins, P.C., New York (Arthur L. Aidala of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Justin L. McNabney of counsel), for respondent. Judgment (denominated an order), Supreme Court, New York County (Ellen Biben, J.), entered on or about May 24, 2022, denying the petition for a writ of habeas corpus and dismissing the proceeding, unanimously affirmed, without costs. We find that the writ of habeas corpus was properly denied (see CPLR 7010). THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: June 14, 2022

 

[Trebor5591]

Next court date is January 26. The judge is Judge Felicia Mennin, Supreme Court, New York County, Criminal Term 111 Centre Street, New York, NY 10013, (646) 386-4688

"Prosecutors in the case of a former Port Jefferson resident accused of shoving and killing a beloved elderly Manhattan voice teacher, said in court Thursday they expect to have a psychological assessment completed next month to gauge her mental state at the time of the alleged attack."

Pazienza is due back in court on Jan. 26, the day prosecutors said their expert report would be completed.

Prosecutors: Mental eval soon on ex-Port Jeff woman in fatal shove

The defense for Lauren Pazienza has also been preparing a psychological assessment on the former Port Jefferson resident to determine her mental state when she allegedly shoved a vocal coach to the ground in Manhattan, leading to the 87-year-old woman's death.

www.newsday.com

Judicial Directory: Judge Bio

The official home page of the New York State Unified Court System. We hear more than three million cases a year involving almost every type of endeavor. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases.

iapps.courts.state.ny.us

 

[Misy]

Next court date is January 26. The judge is Judge Felicia Mennin, Supreme Court, New York County, Criminal Term 111 Centre Street, New York, NY 10013, (646) 386-4688

"Prosecutors in the case of a former Port Jefferson resident accused of shoving and killing a beloved elderly Manhattan voice teacher, said in court Thursday they expect to have a psychological assessment completed next month to gauge her mental state at the time of the alleged attack."

Pazienza is due back in court on Jan. 26, the day prosecutors said their expert report would be completed.

Prosecutors: Mental eval soon on ex-Port Jeff woman in fatal shove

The defense for Lauren Pazienza has also been preparing a psychological assessment on the former Port Jefferson resident to determine her mental state when she allegedly shoved a vocal coach to the ground in Manhattan, leading to the 87-year-old woman's death.

www.newsday.com

Judicial Directory: Judge Bio

The official home page of the New York State Unified Court System. We hear more than three million cases a year involving almost every type of endeavor. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases.

iapps.courts.state.ny.us

I can’t find any current news. Have they prevented most of news outlets from reporting on this?? Otherwise I would think there would be some recent articles with updates. So strange.

 

[Eli9]

Next court date is January 26. The judge is Judge Felicia Mennin, Supreme Court, New York County, Criminal Term 111 Centre Street, New York, NY 10013, (646) 386-4688

"Prosecutors in the case of a former Port Jefferson resident accused of shoving and killing a beloved elderly Manhattan voice teacher, said in court Thursday they expect to have a psychological assessment completed next month to gauge her mental state at the time of the alleged attack."

Pazienza is due back in court on Jan. 26, the day prosecutors said their expert report would be completed.

Prosecutors: Mental eval soon on ex-Port Jeff woman in fatal shove

The defense for Lauren Pazienza has also been preparing a psychological assessment on the former Port Jefferson resident to determine her mental state when she allegedly shoved a vocal coach to the ground in Manhattan, leading to the 87-year-old woman's death.

www.newsday.com

Judicial Directory: Judge Bio

The official home page of the New York State Unified Court System. We hear more than three million cases a year involving almost every type of endeavor. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases.

iapps.courts.state.ny.us

Her mental state at the time of the attack? How common is this?

 

[mickey2942]

Her mental state at the time of the attack? How common is this?

Great. Her "mental state" at the time of the attack..."spoiled, rotten, mean drunk who was mad, and didn't know how to control herself, so she took it out on the victim, by knocking her to the ground".

 

[Trebor5591]

The prosecution will have an expert perform a mental health exam on Lauren Pazienza the week of Feb. 12

"A Port Jefferson woman will undergo a mental health evaluation by a prosecution expert next month to determine if her attorneys can defend her against the top manslaughter charge lodged in connection with the shoving death of an elderly voice coach, Newsday reported.

The expert will interview Lauren Pazienza the week of Feb. 12, a spokeswoman for the Manhattan District Attorney's office told the outlet."

Prosecution Mental Health Eval Planned For LI Woman In Shoving Death: Report

The results could steer the direction of any plea bargain negotiations in the future, criminal law experts told Newsday.

patch.com

 

[Trebor5591]

Her mental state at the time of the attack? How common is this?

"Pazienza, currently being held without bail on Rikers Island, faces a top charge of first-degree manslaughter, which requires prosecutors to show intent to cause serious harm that led to a death. But intoxication can be a defense that undercuts the element of intent and could reduce the charge to second-degree manslaughter. If the experts disagree on the issue of intoxication, that could result in a criminal trial."

Prosecutors: Mental eval soon on ex-Port Jeff woman in fatal shove

The defense for Lauren Pazienza has also been preparing a psychological assessment on the former Port Jefferson resident to determine her mental state when she allegedly shoved a vocal coach to the ground in Manhattan, leading to the 87-year-old woman's death.

www.newsday.com

 

[Trebor5591]

The below story may have been posted before. It contains a biography of sorts of the accused, Lauren Pazienza. Pazienza is portrayed as a spoiled would-be socialite, a bully in school, and a problem tenant who didn't get along with her neighbors,

"Law enforcement sources say Pazienza was a known nuisance in the Shore Towers, and had previously called the cops on her neighbors".

Still, it's quite a leap to go from an annoying neighbor to attacking a frail 87 year-old woman, shoving her onto the street, causing her fatal head injuries. I am trying to understand from her point of view, why did she push Barbara Gustern with such violence? Did Ms. Maier look at her the wrong way? Did she get in her way perhaps? Why respond with such violence against an old women? An 87 year old is a very vulnerable target.

Who is Lauren Pazienza? Socialite accused of fatally shoving NYC voice coach Barbara Gustern

Lauren Pazienza, 26, grew up in an idyllic part of Long Island, where her dad Daniel runs a successful business in Holtsville.

nypost.com

 

[Lusitana]

<modsnip: Stating opinion as fact> Nobody thinks "oh yeah, I'm going to push this lady and she's going to die", but she's dead. So, she has to be punished even if she didn't actually meant to kill her.

 

[Trebor5591]

<modsnip: Stating opinion as fact> Nobody thinks "oh yeah, I'm going to push this lady and she's going to die", but she's dead. So, she has to be punished even if she didn't actually meant to kill h

In my opinion, if a woman pushes a frail old 87 year old woman onto hard cement in a drunken rage and kills her, then she should be charged with murder. How dare she attack such a vulnerable person! I pray for justice for Barbara Gustern and hope this spoiled, entitled LAUREN PAZIENZA will go to prison for a substantial term. But I am concerned this may not happen to this so-called "Cesspool Queen" because her parents are spending a lot of money on big shot attorneys. JMO