Lauren Pazienza, ex-Port Jefferson woman charged in fatal shove, set for mental evaluation
Lauren Pazienza, currently incarcerated at Rikers Island, at her arraignment in Manhattan Supreme Court in May of 2022. Credit: Marcus Santos
A former Port Jefferson woman accused of shoving a beloved Manhattan voice teacher to her death last year will be examined by a prosecution mental health expert next month to determine if she has a viable defense to the top manslaughter charge, officials said Monday.
Prosecutors with the Manhattan District Attorney’s Office, during a brief Supreme Court hearing last week, said the expert is planning to conduct an interview with Lauren Pazienza the week of Feb. 12, according to a spokeswoman for the office.
Lead defense attorney Arthur Aidala also confirmed Monday that the case is awaiting the examination by the prosecution expert.
The result of the the psychological assessment may indicate the direction of future plea bargaining negotiations, according to criminal law experts. Pazienza, who has pleaded not guilty, also has the option of going to trial.
“The best result would be a plea,” said veteran defense attorney Murray Richman, who is not involved involved with the case.
An undated photo of Barbara Gustern, a beloved Manhattan dance teacher allegedly shoved to her death last March by former Port Jefferson Station resident Lauren Pazienza. Credit: Gustern Family
The examination is allowed under state criminal procedure since the defense expert is also assessing Pazienza about a claim by her attorneys that she was intoxicated on the March night she allegedly shoved 87-year-old voice coach Barbara Gustern. Pazienza’s attorneys have indicated that because of what appeared to be her excessive drinking, she didn’t have the necessary criminal intent to support a charge of first-degree manslaughter for causing Gustern's death.
According to police and prosecutors, Pazienza said an expletive as she shoved Gustern, who was standing outside her apartment on March 10, 2022. As a result of the shove, Gustern fell and sustained a head injury that led to her death five days later, according to prosecutors.
Pazienza, who remains in custody on Rikers Island, had been living with her fiance in Astoria at the time of the alleged crime. Police arrested her after she surrendered on March 21. Along with the top charge of first-degree manslaughter, Pazienza faces two counts of assault. The manslaughter charge carries a prison sentence of up to 25 years in prison. Legal sources familiar with the defense said Pazienza had rejected an earlier plea bargain offer of 17 years.
One of the assault charges centers on the fact that Gustern was over 65 years old at the time. Gustern was well known in the voice coaching field and included among her students Blondie lead singer Debbie Harry.
The first-degree manslaughter charge requires “intent” to cause a serious injury of a victim who later dies. But, if after the psychological examinations of Pazienza both prosecution and defense experts agree that excessive drinking showed she didn’t intend to hurt Gustern but instead acted recklessly, it might help reduce the top charge to second-degree manslaughter, punishable by up to 15 years in prison.
Pazienza’s attorneys have previously raised the issue of her drinking the night she allegedly shoved Gustern. Police said Pazienza and her fiance were drinking several glasses of wine while eating in a park when they were told by a city worker that the facility was closing. According to police, Pazienza left the park angry without her fiance and then encountered Gustern.
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.
'I'm going to try to avoid it' A trip to the emergency room in a Long Island hospital now averages nearly 4 hours, data shows. NewsdayTV's Virginia Huie reports.
'I'm going to try to avoid it' A trip to the emergency room in a Long Island hospital now averages nearly 4 hours, data shows. NewsdayTV's Virginia Huie reports.
