Delay for mental health evaluation of ex-Port Jeff woman in fatal shove
NYPD subway surveillance footage of Lauren Pazienza, accused of shoving voice teacher Barbara Gustern last year in Manhattan, causing her death. Credit: NYPD
A possible plea bargain for an ex-Port Jefferson woman accused of shoving and killing a beloved Manhattan voice teacher can’t proceed until a prosecution expert finishes a long-awaited psychological report, officials said Thursday.
During a brief pretrial hearing in Manhattan State Supreme Court in the case of Lauren Pazienza, assistant district attorney Justin McNabey disclosed that the report, which had been expected to be done earlier this year, wouldn’t be ready for about three more weeks.
It was a “challenge,” McNabey told Judge Felicia Mennin, to have any meaningful plea negotiation with defense counsel until Dr. Stuart Kirschner had completed his assessment of Pazienza. He interviewed Pazienza last month, McNabey said.
Pazienza 27, was charged with first-degree manslaughter as well as two counts of assault after she allegedly shoved popular voice coach Barbara Gustern, 87, on March 10, 2022 in lower Manhattan, causing the woman to fall and strike her head on a sidewalk. Gustern died five days later.
Pazienza is currently being held without bail on Rikers Island. She was not in court Thursday.
Mennin adjourned the case until June 15 to give McNabey and defense attorney Arthur Aidala time to negotiate.
Earlier in the case, Aidala said that Pazienza, who lived in Astoria, had been drinking heavily with her fiance in a nearby park the day she allegedly shoved Gustern. According to police, Pazienza left the park in anger when she and her fiance were told to leave because the facility was closing. Soon after, Pazienza encountered Gustern and shoved her in anger, police said.
Aidala has indicated previously that because of the drinking, Pazienza didn’t have the necessary criminal intent to support a charge of first-degree manslaughter for causing Gustern’s death. Under the law, such a charge is supported when there is intent to cause serious injury that results in death.
Because the defense has raised the issue of diminished capacity, Mennin allowed the prosecution to have Kirschner interview Pazienza to come up with an additional assessment.
Armed with their assessments of Pazienza, Aidala and McNabey will be able to go forward with plea negotiations.
However, it remains unclear if any plea agreement will be reached.
The current top charge of first-degree manslaughter carries a maximum penalty of 25 years in prison. If the charge was reduced to second-degree manslaughter, the possible maximum prison sentence would be 15 years. During plea negotiations both sides could agree on a lesser charge and resulting lower sentence, also taking into account the year Pazienza has already spent in custody.
A possible plea bargain for an ex-Port Jefferson woman accused of shoving and killing a beloved Manhattan voice teacher can’t proceed until a prosecution expert finishes a long-awaited psychological report, officials said Thursday.
During a brief pretrial hearing in Manhattan State Supreme Court in the case of Lauren Pazienza, assistant district attorney Justin McNabey disclosed that the report, which had been expected to be done earlier this year, wouldn’t be ready for about three more weeks.
It was a “challenge,” McNabey told Judge Felicia Mennin, to have any meaningful plea negotiation with defense counsel until Dr. Stuart Kirschner had completed his assessment of Pazienza. He interviewed Pazienza last month, McNabey said.
Pazienza 27, was charged with first-degree manslaughter as well as two counts of assault after she allegedly shoved popular voice coach Barbara Gustern, 87, on March 10, 2022 in lower Manhattan, causing the woman to fall and strike her head on a sidewalk. Gustern died five days later.
Voice teacher Barbara Gustern died five days after she was allegedly shoved to the sidewalk in lower Manhattan by Lauren Pazienza. Credit: Gustern Family
Pazienza is currently being held without bail on Rikers Island. She was not in court Thursday.
Mennin adjourned the case until June 15 to give McNabey and defense attorney Arthur Aidala time to negotiate.
Earlier in the case, Aidala said that Pazienza, who lived in Astoria, had been drinking heavily with her fiance in a nearby park the day she allegedly shoved Gustern. According to police, Pazienza left the park in anger when she and her fiance were told to leave because the facility was closing. Soon after, Pazienza encountered Gustern and shoved her in anger, police said.
Aidala has indicated previously that because of the drinking, Pazienza didn’t have the necessary criminal intent to support a charge of first-degree manslaughter for causing Gustern’s death. Under the law, such a charge is supported when there is intent to cause serious injury that results in death.
Because the defense has raised the issue of diminished capacity, Mennin allowed the prosecution to have Kirschner interview Pazienza to come up with an additional assessment.
Armed with their assessments of Pazienza, Aidala and McNabey will be able to go forward with plea negotiations.
However, it remains unclear if any plea agreement will be reached.
The current top charge of first-degree manslaughter carries a maximum penalty of 25 years in prison. If the charge was reduced to second-degree manslaughter, the possible maximum prison sentence would be 15 years. During plea negotiations both sides could agree on a lesser charge and resulting lower sentence, also taking into account the year Pazienza has already spent in custody.
Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.
