Barred from using battered woman defense

BY TONIA N. CIMINO

Friday, November 13, 2009 1:06 PM EST

Queens Supreme Court Justice Arthur J. Cooperman has blocked the defense for Barbara Sheehan from using battered woman’s syndrome as a reason for fatally shooting her retired police sergeant husband in their Howard Beach home in February 2008.

On Tuesday, November 10, Cooperman handed down the ruling after Sheehan missed her appointment for her “continued interview” with the People’s psychiatric expert on September 18.

“Based upon defense counsel’s disregard of this Court’s orders and transparent excuses for causing delay, and disrupting the July 28, 2009 interview, the Court finds that defendant’s failure to appear . . . was willful and strategically motivated,” wrote Cooperman in court papers obtained by The Courier.

“Defense counsel mentioned a potential conflict with a matter in the Suffolk County Court,” wrote Cooperman. However, “On July 31, 2009, the Court sent the parties a letter informing them that . . .there would be no conflict. The letter confirmed the September 18 date of the defendant’s continued examination.”

On that date, however, “Defense counsel did not appear for the . . . examination and did not call . . . to indicate that he and defendant, in fact, would not appear. Nor was there any application made to the Court for permission to reschedule the examination.”

Sheehan reportedly submitted to tests afterward, but also at issue was the disclosure of three pages of expert’s notes.

“. . . Maneuvers by defense counsel all reflect a pattern of purposeful delay . . . defense counsel’s efforts have merely served to thwart the expeditious prosecution of this case. . .,” wrote Cooperman.

Years of alleged abuse by her husband, retired police Sergeant Raymond Sheehan, 49, allegedly caused Barbara to snap and kill him inside their Howard Beach home on Monday, February 18, 2008, according to the defense.

“I shot him! I shot him! I think he’s dead. He’s in the bathroom,” Barbara told officers of the 106th Precinct when they responded to the home at 99-08 158th Avenue.

A prior altercation on Sunday, February 16 ended when Raymond allegedly broke his wife’s nose over an argument about a planned Florida business trip. After he hit her, he took her to St. John’s Queens Hospital, where she was treated, according to reports.

However, the next day, Barbara fired 11 rounds into his back as he shaved, hitting major organs, according to a medical examiner.

At least one neighbor heard gunshots around noon, but for whatever reason did not call police.

Raymond’s body – clad only in underwear – was found in a second-floor bathroom.

On Tuesday, February 19, 2008 she was arraigned on charges of second-degree murder and criminal possession of a weapon in the second and the fourth degrees.

Her attorney, Michael Dowd, told The Courier in an earlier interview that she still suffers from the after-effects of the abuse, but that she is receiving help from different battered women’s groups, including STEPS to End Family Violence.

He was unavailable for comment on the ruling as of press time.

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Reader Comments

The following are comments from the readers. In no way do they represent the view of queenscourier.com.

Jeanne wrote on Nov 14, 2009 1:00 AM:

" This woman is clearly a victim of spousal abuse, and should not be penalized because of a misunderstanding or neglect of her attorney. Her children support their mother, and as such I believe she should be able to claim battered wife defense. "