The Manhattan district attorney’s office has charged event planner Lauren Pazienza with first-degree manslaughter for the fatal shoving of 87-year-old Broadway singing coach Barbara Gustern — but they may have trouble proving their case, according to several legal experts.
"Obviously the facts are tragic and the government needs to do much more to protect the elderly," said attorney Angelo Macaluso, who formerly worked as a Suffolk County prosecutor."However, a strict reading of the law shows that the criminal defendant was overcharged."Pazienza, 26, faces first-degree manslaughter and two counts of assault for allegedly calling the famed voice coach a"b——" then violently pushing her March 10 on a Chelsea street.
NYC WOMAN CHARGED IN BROADWAY COACH'S DEATH WATCHED AS AMBULANCE ARRIVED AT SCENE, THEN WENT INTO HIDING: COPSDefense lawyer Mark Bederow agreed with Macaluso and told Fox News Digital that although the allegations against Pazienza are deeply disturbing, that may not be enough to warrant the rap.
Prosecutors routinely try cases known as so called one-punch deaths. For example, two men get into a fight, one slugs the other so hard he hits head on the pavement, or another object, and later dies from a brain injury. Usually, these are charged as third-degree assaults, with a maximum punishment of one year in jail.Defense attorney Daniel Bibb, who worked for more than three decades as a Manhattan prosecutor, agreed that first-degree manslaughter is a stretch.
Pazienza, who has no criminal record, was raised in Port Jefferson, Long Island, an upscale suburb. The Fashion Institute of Technology graduate worked as the communications and events coordinator for high-end French furniture brand Roche Bobois but resigned in December, according to a company spokesperson.
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