State v. Grecinger

569 N.W.2d 189, 1997 Minn. LEXIS 711, 1997 WL 581434
CourtSupreme Court of Minnesota
DecidedSeptember 18, 1997
DocketC1-95-1596
StatusPublished
Cited by73 cases

This text of 569 N.W.2d 189 (State v. Grecinger) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Grecinger, 569 N.W.2d 189, 1997 Minn. LEXIS 711, 1997 WL 581434 (Mich. 1997).

Opinions

OPINION

TOMLJANOVICH, Justice.

Defendant Leonard Mien Grecinger, Sr., was convicted of attempted murder in the second degree and assault in the third degree and was sentenced to 153 months in prison. The court of appeals affirmed this conviction. We must determine whether expert testimony on battered woman syndrome is admissible in the prosecution’s case-in-chief against an alleged batterer. We affirm the court of appeals. We hold that such testimony properly was admitted in the prosecution’s case-in-chief under Minn. R. Evid. 608(a) when it was presented after the alleged victim’s credibility had been attacked by the defense during its opening statement and during cross-examination; when it met the requirements of Minn. R. Evid. 702, because it helped the jury understand the alleged victim’s behavior; and where, in accordance with State v. Hennum, 441 N.W.2d 793 (Minn.1989), the expert testimony was limited to a description of the syndrome and its characteristics, and the expert did not testify on the ultimate fact of whether the alleged victim actually suffered from battered woman syndrome.

Grecinger had been in an on-and-off relationship with the victim, Barbara Skoglund, [191]*191for about three years, during which they lived together at various times. On September 28,1991, Grecinger and Skoglund attended a memorial run for the BPM motorcycle club and a party that took place afterward. The events that took place on that day and the day before are in drastic dispute. At trial, Skoglund testified that on the night before the party, Grecinger grabbed her by her hair, slapped her, threw her to the floor, and choked her until she lost consciousness. The next day, Skoglund said that she did not want to attend the party but, according to her testimony, Grecinger insisted that she go. Once at the party, Skoglund found Gre-cinger kissing a woman who was sitting on his lap. She testified that she threw the woman off his lap but did not get into a fight with the woman. Skoglund then told Gre-cinger that their relationship was over and went into the bathroom.

Skoglund further testified that Grecinger followed her into the bathroom, closed the door, and beat her. Grecinger grabbed her by the hair, threw her to the floor, kicked her, and choked her until she lost consciousness. During this time, Grecinger allegedly told her, “[I]f you leave me, I’m gonna kill you; if I can’t have you, * * * no one’s gonna.” When Skoglund regained consciousness, she started screaming for help, and Grecinger choked her again until she lost consciousness. When she regained consciousness a second time, Grecinger demanded that she get on her knees, hug him, and apologize for making him angry. Grecinger then told her to walk out of the bathroom with her head up high without crying or looking at anyone. Grecinger followed Sko-glund outside and told her to get on his motorcycle. Skoglund started to run away from Grecinger, but he caught her and dragged her back over the dirt road to his motorcycle. Again, he told her to get on the motorcycle. She complied, and they drove off.

Skoglund testified that during the motorcycle ride, Grecinger slapped her in the face. Upon arriving at Grecinger’s house, Sko-glund broke away and ran down the street, screaming for help. Two women stopped and let her into their ear.1 Skoglund asked them to take her to the home of her friend, Char Copiskey, where she spent the night. The next morning, Copiskey suggested that they go to the Battered Women’s Coalition (“Coalition”). At the Coalition, pictures were taken of Skoglund. Skoglund was then taken to the emergency room because she was fading in and out of consciousness.

Skoglund was admitted to the hospital under an assumed name out of concern for her safety, and she remained there for five days. She suffered from numerous injuries, including swelling and bruising around both eyes; a fracture in her left orbital bone; bleeding in her right eye; bruising and abrasions on her face, ear, and neck; a swollen lip; swelling around her vocal cords consistent with choking; bruising and swelling on her shoulders, chest, arms, and legs; an abrasion on her abdomen; and a tender scalp.2

Two law enforcement officers visited Sko-glund in the hospital and tried to get a statement from her. Initially, Skoglund refused to talk to them because she did not want to involve the police; however, after being assured that Grecinger would not be arrested except upon her request, she agreed to give a statement. She told one of the officers that the night before the party, Gre-einger had choked her until she passed out, and that at the party, he followed her into the bathroom, where he threw her to the floor, slapped her, and again choked her into unconsciousness. When she gave the statement to police, Skoglund asked them not to press charges against Grecinger at that time.

Skoglund also testified that while she was in the hospital, Copiskey brought her a letter from Grecinger in which he apologized for what he did and asked that she speak with him. When Skoglund called Grecinger, he [192]*192promised he would leave her alone if she did not press charges against him. He also promised her he would seek treatment for his anger.

Skoglund testified that she went back to the Coalition after leaving the hospital to retrieve the pictures that were taken of her. She then gave the pictures to one of her sisters for safekeeping.3 A few weeks later, Skoglund resumed her relationship with Gre-cinger, after he told her that he had stomach cancer and would not live much longer. At Greeinger’s insistence, Skoglund called the sheriffs department and recanted, claiming that her injuries actually had been inflicted by two unknown men who assaulted her when she left the party.

In her testimony, Skoglund admitted that she lied to some people about the cause of her injuries because she was afraid of Gre-cinger.4 However, Skoglund also testified that she had previously identified Grecinger as her assailant to others, including Copis-key, a police investigator, a worker from the Coalition, and two of her sisters.5 On several occasions in 1992 and 1993, Skoglund petitioned for orders for protection against Gre-cinger; however, she either sought to have the petitions dismissed or failed to follow through on them, because she feared that Grecinger would harm her.6 Finally, in June 1994, Skoglund sought to reopen the investigation against Grecinger for the alleged September 1991 assault, because she was afraid he was going to kill her.

When Grecinger took the stand, his version of events drastically differed from Sko-glund’s. Grecinger testified that the day before the memorial run, he told Skoglund he did not want her to accompany him to the run because she often embarrassed him in public. Grecinger denied that he was physically violent toward Skoglund that day.

Grecinger testified that at the party following the memorial run, a woman was sitting on his lap when Skoglund walked into the kitchen, grabbed the woman by her hair, and pulled her off of him. Although Grecinger tried to break up the fight, Skoglund wound up with her shirt torn, hair pulled out, scratches on her face, and a bloody lip. After fighting with the woman, Skoglund grabbed Grecinger by his hair and dragged him to the bathroom.

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Cite This Page — Counsel Stack

Bluebook (online)
569 N.W.2d 189, 1997 Minn. LEXIS 711, 1997 WL 581434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grecinger-minn-1997.