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DA hopes that 4th time is a charm in alleged domestic abuse stabbing

April 3, 2013

The Waukesha County District Attorney’s Office has filed charges for the fourth time against a 26-year-old Waukesha woman accused of stabbing her husband twice in September 2011, believing he was cheating on her.

The woman, who will not be identified to protect the alleged victim’s identity, was charged on April 2 in Waukesha County Circuit Court with first-degree recklessly endangering safety, substantial battery with a dangerous weapon, disorderly conduct and felony bail jumping.

Assistant District Attorney Lesli Boese has charged the woman for the same crime three separate times in the past two years, but every time the charges were dismissed without prejudice by the presiding judge, meaning the state could charge the woman again.

The most recent charges, filed in November, were dismissed by the Judge Donald Hassin, Jr. on March 28, mere days before the case was supposed to go to trial. According to online court records, the prosecutors were having issues managing a witness for the case.

According to court records, the original charges filed against the woman in September 2011 were dismissed after the woman’s husband, the primary witness in the case, refused to testify without a Dari interpreter. Dari is a modern Persian dialect, spoken in some parts of the Middle East.

Prosecutors asked the court to find the woman’s husband in contempt of court after he refused to answer their questions even after an interpreter was secured, but the judge refused and threw the case out.

According to the criminal complaint:

City of Waukesha Police were dispatched to Waukesha Memorial Hospital on Sept. 5, 2011 to meet with the woman’s husband, who was being treated for two stab wounds to his arms.

The husband told police that the previous day his wife had found what she believed to be suspicious numbers on his phone and accused him of cheating on her.

Him and his wife have three children and he said she often thinks he is having an affair.

“He is only allowed to brush his teeth every other day, by her rules, based upon the fact that if he is brushing his teeth he is trying to hide something,” the complaint reads.

The husband also told police that because of his wife’s fears he is also not supposed to take baths when he comes home from work and he is not allowed to leave the house without the children.

He said he was taking a shower in the early afternoon on Sept. 5 when his wife barged into the bathroom with a knife in her hand, yelling about the phone numbers.

She threw several items at him and a struggle ensued. The man said his wife allegedly stabbed him twice on the arm, causing one 1/4 inch wound on his elbow and another 2 inch wound on his upper arm.

He said he managed to wrestle the knife away from his wife and threw it down a laundry shoot. The knife was later recovered by police, along with a bloody shower curtain and a broken white bathroom soap container.

The wife told police that she stood in the bathroom doorway and told her husband he could not leave. She had thrown the soap dispenser at her husband, she said, but denied having a knife or threatening her husband with it.

Police interviewed the couple’s 8-year-old son, who told police that he did see his mother holding a knife and preventing his father from leaving, which made him very mad at his mother.

If convicted, the woman could face more than 24 years in prison, $45,000 in fines, or both.

The defense filed a motion April 2 requesting that the case be thrown out once and for all, arguing her constitutional right to a speedy trial has been violated.

At an initial appearance April 3, the woman signed a $2,500 bond and was ordered to not have any violent contact with her husband.
 

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