A Kenosha judge is expected to issue an evidentiary ruling in the coming days that could potentially cripple Donna Matthews' use of the Battered Woman Syndrome defense in her upcoming murder trial.
Matthews is the woman who returned to Kenosha from her home in Hawaii on Independence Day, 2016 to kill her abusive ex-boyfriend, saying she felt so tormented, threatened and helpless that taking matters into her own hands was the only way out. Matthews shot Michael Gayan three times in his lakefront home then clunked him over the head to finish the job--all while municipal fireworks were being shot off just blocks away.
In trying to secure permission to assert a claim of self-defense, Matthews' attorneys are trying to persuade the judge in the case that a psychological motivation can be just as valid in defining an imminent threat as the potential for physical harm. "The state has said she came from Hawaii and she shot him," said defense attorney Jeff Urdangen in court last week. "It's not that simple. That's a jury question--whether or not she actually believed she had to do this," he said.
Prosecutor Angelina Gabriel is asking the judge to take a more narrow view. "Even under all the facts viewed most favorably to the defendant...it's still not there. It doesn't create an imminent threat."
Rolled into the debate is whether or not other ex-girlfriends of Gayan should be allowed to testify about their purportedly nightmare experiences with him.
An intriguing aspect of the case is a paper-trail record of attempts by Matthews to work with police in Kenosha and Hawaii.
The trial is scheduled to begin June 25th.
Matthews is charged with 1st Degree Intentional Homicide, a crime that carries a mandatory sentence of life in prison.
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