A judge Friday reserved decision on whether Muzzammil “Mo” Hassan can use an insanity-based emotional disturbance defense in his upcoming trial for allegedly beheading his wife.
Erie County Judge Thomas P. Franzyk previously barred the defense team from using such a defense.
Franzyk, who is slated to begin jury selection Sept. 7 in Has-san’s trial in the 2009 beheading of Aasiya Zubair Hassan, did not indicate when he intends to rule on the motion argued by Hassan’s lawyers, Jeremy D. Schwartz and Julie Atti Rogers.
Erie County District Attorney Frank A. Sedita III and Homicide Prosecutor Colleen Curtin Gable opposed overturning the order, which the judge issued Jan. 22 after repeated delays by Hassan’s legal team in disclosing their planned defense.
The prosecutors argued that, under state law, such psychiatric-defense strategies have to be filed within a short time after indictment in order to allow prosecutors to retain mental health experts in a bid to thwart such a defense.
Hassan, 45, has been jailed since he went to Orchard Park police headquarters about an hour after he allegedly beheaded his 37-year-old wife on Feb. 12, 2009. The Pakistaniborn couple had formed Bridges TV in 2004 to counter negative Muslim stereotypes.
When Hassan, who is now on his third legal team, asked the judge if he could comment, Franczyk told him “no, you have counsel.”