Newsday (Suffolk Edition) from Melville, New York • 34

Battered-Wife Defense in Legal Conflict part of the defense. "This is Nassau County in 1988, not Tucson, Arizona, in 1888," Peck said. "The evidence was that there was no reason for her to be in imminent fear for her life." Maguigan said her group is tracking several appeals of cases in which judges have not allowed abuse to be used as a justification defense. Shelly Stark, a Pennsylvania public defender handling one of those appeals, said, "We're at the point right now where the issue could go one way or the other." In the case of Madelyn Diaz of the Bronx, for instance, a jury decided she was in immiment danger even though her husband was sleeping when she shot him to death in 1983. They acquitted her, deciding that she acted in self-defense because she had been threatened and beaten throughout her marriage.

In the case of Stamen, of East Meadow, the jury was not allowed to consider whether she acted in selfdefense when she hired three men to kill her 50-yearold husband. Judge Raymond Harrington instructed the jury that it could consider the abuse only as it contributed to Stamen's state of mind at the time of the killing. The defense said Stamen was emotionally disturbed because of abuse and did not intend to have her husband killed. from Page 17 Stamen Details Abuse STAMEN from Page 17 my mother because I was afraid to see Jerry alone. And he screamed and cursed at me and said did I really think I was going to get rid of him that way.

I told him that I couldn't remember what I had done." After the incident, Jerry Stamen changed his will SO that his mother was the only beneficiary. He also drew up a post-nuptial agreement saying that, if he died a violent death, Jayne Stamen would receive nothing. The $74,000 life insurance policy, however, was excluded. The abuse escalated, Stamen said. And her husband, who had still been capable of warmth at certain times, became a stranger in her eyes.

"I used to come over to him sometimes and just want to sit next to him while we were watching TV. I would say, 'Can't we talk about And he would push me away and tell me to grow up. Stamen said she cared for her husband's elderly and frail parents, tending to his diabetic father who needed constant care. "Jerry would tell me that he hated me and that the only reason he didn't kick me out was because I took care of his parents for him." Jayne Stamen said she tried to leave her husband twice during those seven years, taking her two sons from her first marriage. But both times she went to stay with her mother in Queens and, after a few weeks, Jerry would come after her.

"I should have gone to Florida or somewhere, but I didn't have any money. He would take three-quarters of whatever I earned babysitting, and even though I had my own account, I didn't have much money. I had no choice. I had a family to feed. And I felt that, after my first marriage, I wasn't going to allow Jerry and I to fail." "Looking at it now, I guess you could say that I was trapped.

But at the time, I would've said no, that's not the way it is. You see," she said, "I always covered for Two Held in Silver Scam Brooklyn A father and son have been charged with buying and attempting to sell thousands of dollars worth of stolen silver religious articles, some of which were rescued from the Holocaust by Hasidics who fled to Williamsburg, Brooklyn. Alvin Kramer, 59, of West New York, N.J., and his son, Richard Kramer, 31, of Manhattan, were arrested Saturday night, breaking up a major fence operation, said Lt. Thomas Mauro of Brooklyn's 90th Precinct. The two allegedly bought items such as menorahs, trays, wine cups and bottles and may have melted many of them down for the metal, Mauro said.

"Some of these items have gone through the Holocaust," said Rabbi Solomon Schnitzler, a community activist. "They're more valuable than a Rembrandt painting," said Isaac Abraham, president of the Federation of Tenants Councils in Williamsburg. The Kramers were arrested at the Merchants Refining their store at 98 Canal St. in Manhattan, and were being held on a charge of felony attempted possession of stolen property, police said. -Elaine Rivera To allow the jurors to consider that she acted in self-defense would be tantamount to giving "a license to kill" to anybody who perceived themselves abused by their spouses, Harrington said.

The jury convicted Stamen of manslaughter, a lesser crime than murder, which means that she intended to cause only serious physical injury, not death. The defense will appeal. Abuse was not considered a justification defense in the case of a Pennsylvania police officer, Carol Stonehouse, convicted in 1983 of third-degree murder for shooting a retired officer who harassed her for three years after their relationship ended. Stark said Stonehouse moved eight times in one year to get away from William Welsh, who threatened her with a gun, followed her, slashed her tires, broke down her door and telephoned her continually. But the judge ordered the jury not to consider whether she acted in self-defense when she shot Welsh in the back.

The Pennsylvania Supreme Court daughter of John J. Corrigan and the late Helen. Dear sister of Thomas P. Corrigan. Dear grandmother of Daniel, Timothy and Kara Maher.

Friends may call at the Fairchild Chapel, Franklin Ave. at 12th Garden City, Sunday and Monday 2-5 and 7-9 PM. Mass of Christian Burial, St. Joseph Church, Garden City, Tuesday AM. Interment St.

John's Cemetery. In lieu of flowers, memorial donations to St. Joseph's Church appreciated. IBERGER- Robert Jacob, of Port Jefferson on January 22, 1988, age of 65. Devoted husband of Helen.

Beloved father of Robert of Westhampton, Gerard Jean Wilson and Petra of Albany. Dear grandfather of Damian and Shannon. Father-in-law of Doreen and Thomas. Brother of Howard, John and the late Jacob. Also survived by many nieces and nephews.

Mr. Iberger was a longtime resident of Port Jefferson Sta. where he farmed with his family for 30 years. He then established Iberger Equipment Sales and Service, an authorized John Deere Lawn Garden Dealership, and also a separate division known as Bob Iberger Hyd. Hose Service.

Throughout his life he was active in many community affairs. Friends may call at Bryant Funeral Home, 411 Old Town Road, Setauket. Visiting Sunday and Monday 2-4 and 7-10 PM. Services, Tuesday 1 PM. Interment to follow at St.

James R.C. Churchyard Cemetery, Setauket. Death Notices and daughter Eileen of John Goble. J. Corrigan Devoted and the late Helen.

Dear sister of To place an announcement in Death Notices, In Memoriam, In Sympathy, or Card of Thanks call 516-454- 3162 Monday thru Friday 9:00 PM, Saturday 11:30 PM, Sunday 1:00 PM. -Martha, formerly of Huntington, on January 23, 1988, in Florida. Beloved mother of Elaine Dobler. Dear sister of John Lemkau. Also survived by two grandchildren.

Visitation, Tuesday 3-5 and 7-10 PM; religious service, Wednesday 12 Noon, at A.L. Jacobsen Funeral Home 1380 New York Huntington Station. Interment Pinelawn Memorial Park. CARLO- Sylvia, on January 23, 1988, of Long Beach, NY. Mother -of Andrew.

Grandmother of Andrew, Martin and William and great-grandmother four. Reposing at Macken Mortuary, 52 Clinton Rockville Centre. Visiting Monday 7-9 PM, and Tuesday 2-4, 7-9 PM. Mass, Wednesday 9:30 AM, at St. Ignatius Church.

Interment Calvary Cemetery. CARR- -Mary (nee O'Connor), on January 23, 1988, of Valley Stream, LI. Beloved mother of Raymond, Rosemary Frey, Ronald and Kathleen. Also survived by five grandchildren. Reposing at The Moore Funeral Home, 54 West Jamaica Avenue, Valley Stream.

Mass of Christian Burial, St. Boniface R.C. Church, Elmont, Wednesday at 9:30 AM. Interment St. Boniface Cemetery.

Visiting hours Monday and Tuesday 2-5 and 7-10 PM. COHEN Samuel, on January 24, 1988. age 103, longtime resident Hempstead. Beloved husband of Ida, and cherished uncle of many nieces and nephews. Survived by his sister, Mae Schwartz.

Reposing at I.J. Morris Funeral Home, 46 Greenwich Street, Hempstead. Funeral services, Monday 2:30 PM, followed by interment at Montefiore Cemetery. CROTTY-Alice, of Freeport, on January 23, 1988, born in Coolnasear, Dunggarvan, County Waterford, Ireland. Wife of the late Dennis V.

Devoted mother of Mary Fitzpatrick and Thomas M. Crotty. Sister of Bridget Barron and Mary Riordan. Also survived by nine grandchildren and two great-grandchildren. Reposing at Hungerford Clark, Inc.

Funeral Home, 110 Pine St. (corner S. Ocean Freeport. Mass of Christian Burial, Tuesday 9:30 AM. Our Holy Redeemer R.C.

Church. Interment St. Charles Cemetery. Visiting 2-4 7-9 PM. DELANEY- (nee Hessler), on January 23, 1988.

Beloved wife of the late William Delaney. Loving sister of Loretta Filardi O'Neill. Dear aunt of Frances Wolfe, Mary Ann Zorovich, Edward Filardi and Carol Filardi. Also survived by many nieces and nephews. Reposing at the Charles G.

Schmitt Funeral Home, 3863 Merrick Road, Seaford. Mass of Christian Burial, Tuesday 10:30 AM, at St. Mel's R.C. Church, Flushing, NY. Interment St.

John's Cemetery. Hours 2-5 and PM. FURNISS- Rev. John S.J., on January 22, 1988. Brother of Francis X.

and Sr. Theo Furniss, S.C. Uncle of Mary Ann and Florence Furniss. Wake, Monday 2-5 PM. at the Community Chapel of St.

Francis Xavier High School, 30 W. 16th N.Y.C. Mass of Christian Burial, Monday 8 PM, at St. Francis Xavier R.C. Church.

Interment, Our Martyrs Cemetery, Auriesville, NY. Arrangements by the Redden Funeral Home, N.Y.C. GOBLE- Anne M. (nee Corrigan), on January 22, 1988, of Garden City, NY. Wife of the late Robert.

Loving mother of Barbara Maher, Robert James, Maryellen agreed this year to consider an appeal in the case. "Literally, these women can be considered as having been held hostage in a concentration Queens attorney Michael Dowd said. "You would not fault a hostage for getting somebody to hit the guard in the head." Dowd successfully defended Karen Straw, 29, of Queens, on second-degree murder charges for stabbing her husband to death. She testified that her husband, high on crack, raped her in front of her two children and threatened to kill her. Charles Ewing, a psychologist and professor at the State University of New York at Buffalo who wrote "Battered Women Who Kill," said judges and lawyers are reluctant to let a jury decide legal issues such as what constitutes imminent danger.

"There are so many variations of fact in these cases," Ewing said. "Typically, judges and lawyers have been very wary to leave it up to lay jurors to Maureen Fitzgerald, Kevin, Thomas, Justin and James. Dear brother of Bernard (Justice of the N.Y.S. Supreme Court), Mary and John. Loving grandfather of Meghan, Sean, Michael and Kate.

Retired Detective N.Y.C. Police Dept. Member of St. Martin's Knights of Columbus. Reposing at the Massapequa Funeral Home, 1050 Park Blvd.

(at Clark), Massapequa Park. Mass of Christian Burial, Wednesday 10:45 AM, at Our Lady of Lourdes R.C. Church, Massapequa Park. Interment St. Charles Cemetery, Pinelawn, LI.

Visiting hours Monday and Tuesday PM. NERI- -Frank, on January 23, 1988, in his 61st year, of Islip, NY. Beloved husband of Filomena. Cherished father of Teresa Martins, Frank III and Danny Neri. Loving brother of Katherine Federico, Pat and Chuck Neri.

Dear grandfather of five. Visiting, Monday 2-5 and 7-9 PM, at the Overton Funeral Home, 172 Main Islip, NY. Mass of the Christian Burial, Tuesday 9:30 AM, St. Mary's R.C. Church, East Islip, NY.

Interment Calverton National Cemetery, Calverton, NY. SHOTT-Joseph Alexander, on January 22, 1988, of East Hampton (former Assistant Postmaster of East Hampton Post Office). Beloved husband of the late Anna, devoted father of Elaine Kimber and Marilyn Gorman. Also survived by three grandchildren. Reposing, Williams Funeral Home of East Hampton, 99 Newtown Lane.

Masonic service, Tuesday 8:15 PM. Funeral service, Wednesday 2 PM. Interment Cedar Lawn Cemetery, East Hampton, NY. Visiting hours, Tuesday PM. SKLAMBERG Samuel T.

Beloved husband of Anne. Cherished: father of Harriet and Carole. Adored grandfather of Stephanie Abes, Mark Engel and Dean and Todd Siegal. Great-grandfather of David and Lauren Abes and Jonathan and Ashley Engel. Service, Monday 12 Noon, at "Gutterman's," Rockville Centre, Long Island.

SMITH Robert Lee, on January 1988, of Bay Shore, NY. Beloved husband of Sandra. Loving father of Linda Debra L. and Steven R. Also survived by his sisters, Virginia Ernest, Barbara Miller, Bonnie Miller and his brother, Peter Shepherd.

The family will receive friends at the George C. White Funeral Home, 364 E. Main Bay Shore, NY, Monday 2-5 and 7-9 PM. Mass of the Christian Burial, Tuesday 10 AM, at St. Patrick's R.C.

Church, Bay Shore. Interment Calverton National Cemetery. In lieu of flowers, contributions to the American Heart Fund would be SMITH- Samuel H. (Joe), of Huntington, on January 21, 1988. Husband of Louise.

Father of Barry and Bernard. Grandfather of three grandchildren, Shaunta, Earline and Samantha. Also survived by two daughters-in-law: three sisters, Evelyn Moore, Elsie Kidwell and Margie Radcliff; two brothers, Walter James and Ronald, all of Huntington; three brothers-in-law, three sisters-inlaw and a host of nieces, nephews, cousins, relatives and friends. Reposing, M.A. Connell Funeral Home, 934 New York Huntington.

Wake, Monday 7-10 PM. Funeral services at the funeral home, Tuesday at 1 PM. Mr. Smith will be laid to rest at Pinelawn Cemetery. SMITH -Wilton on January 23, 1988, of North Merrick.

Husband of the late Eva. Beloved son of Cecelia Smith. Brother of Florence Noll and Catherine Smith. Visiting at the N.F. Walker Funeral Home, 2039 Merrick Avenue, Merrick, Tuesday 2-5 and PM.

Services, Tuesday evening. Entombment, Greenlawn Memorial Park. Akron, Ohio. In lieu of flowers, the family would appreciate donations to the Multiple Sclerosis Foundation, or Sacred Heart F.C. Church.

SPATA-Elsie, of Commack, NY. on January 23, 1988. Beloved mother of Madeline Romano and Frank. Dear sister of Amelia Rea and Sr. Mary Seraphine.

Also survived by seven grandchildren and four great-grandchildren. Visitation, 2-5 and 7-10 PM Monday and Tuesday, at A.L. Jacobsen Funeral Home, 1380 New York Huntington Sta. Mass of Christian Burial, Wednesday 9:45 AM, at Patrick's R.C. Church, Huntington.

Interment Long Island National Cemetery. STEWART-Malcolm on January 23, 1988, of Riverhead, NY (retired from Riverhead Town Police Department). Cherished brother of Thomas, Minnie Stewart, Anne Gilliam and Mildred Lamb. Also surviving are many nieces, nephews and friends. Friends visit the DeFriest Funeral Home, Main Road, Mattituck, Monday 2-4 and 7-9 PM.

American Legion service, Monday 8 PM. Reposing, Tuesday 2-4 and 7-9 PM, at the First Baptist Church, Northville Riverhead. Funeral services, Wednesday 1 PM at the church. Interment at Cutchogue Cemetery. THIEM- of Mineola, on January 24, 1988.

Beloved son of Alfred and Ann Thiem. Dear brother of Andy Thiem. Loving grandson of Helen Thiem. Visiting, 7-10 PM Monday, 2-5 and 7-10 PM Tuesday, at Cassidy Funeral Home, 156 Willis Mineola. Mass of Christian Burial, 9:45 AM Wednesday, at Corpus Christi Church.

Interment Holy Rood Cemetery. In lieu of flowers, donations to the National Neurofibromatosis Foundation, Box 3973, Stuyvesant Plaza, Albany, NY 12203. or Human Resources School, Albertson, LI 11507. TRAMUTA- Anthony, on January 23, 1988, of Wyandanch, LI, age 67 years. Beloved husband of Antoinette.

Dearest father of Vincenza Saitta, Jack, Salvatore and Maria Comito. Dear son of Jack Tramuta. Devoted father-in-law of Florence and Joy Tramuta. Loving brother of James Tramuta and Josephine Rammacciato. Cherished friend of Joseph Rus- KRALICEK- Ida, on January 23, 1988, in her 57th year, of Bay Shore, NY.

Beloved wife of Louis. Cherished mother of Diane Simons and Donald Columbus. Loving grandmother of David, Paul and Carla Columbus. The family will receive friends, Monday 2-5, 7-9 PM, at the Overton Funeral Home, 172 Main Islip, NY. Prayer service, Tuesday 10 AM.

Interment Oakwood Cemetery, Bay Shore, NY. KUTCH-Henrietta F. (Bunny), of Mineola. on January 23, 1988. Beloved wife of the late Anthony.

Devoted mother of Jack Kutch and Mary Ritter. Dear sister of Louise White and Raymond Milek. Also survived by three grandchildren. Visiting 2-5 and 7-10 PM at Cassidy Funeral Home, 156 Willis Mineola. Mass of Christian Burial, 9:45 AM Tuesday, at Corpus Christi Church.

Interment Holy Rood Cemetery. LICCIONE- -Victor of Lynbrook, on Sunday, January 24, 1988. Beloved husband of Anna. Loving father of Barbara DeMarco and Joseph. Dear brother of Pauline Koeppel, Mildred Weiss and Frances Haibon.

Also survived by six grandchildren. Reposing at the Flinch Bruns Funeral Home, 34 Hempstead Lynbrook. Religious service Grace Lutheran Church, 400 Hempstead Malverne, on Wednesday, January 27, at 10 AM. Interment Maple Grove Cemetery, Queens. Visiting 2-4, 7-9 PM.

LOEFFLER Anna of Wantagh (formerly of Oakdale and Brentwood, NY), on January 24, 1988. Beloved wife of the late Michael A. (retired LIRR). Loving and devoted mother of Michael A. Loeffler, Jr.

and Mary Ann Loux of Alexandria, Va. Fond sister of Mildred Wittman of Brentwood and James H. Cooper of Selden. Cherished grandmother of James M. and William R.

Loeffler of Wantagh and Thomas P. Loux of Alexandria, Va. Also survived by many loving nieces and nephews. Reposing, after 2 PM Tuesday, Charles J. O'Shea Funeral Home, 603.

Wantagh Ave. (northbound, exit 28N. S.S. Wantagh. Mass of Christian Burial, St.

Frances deChantal R.C. Church (Wantagh), Wednesday 9:45 AM. Interment St. Patrick's Cemetery, Bay Shore. Family will receive friends Tuesday 2-5 and 7-10 PM.

McCAFFREY- -Eugene of Massapequa Park. on January 23, 1988. Beloved husband of Bernadette (Betty). Cherished father of so. Also survived by five grandchildren.

Reposing at Mangano Funeral Home, 1701 Deer Park Deer Park, LI. Mass of Christian Burial, Wednesday 9:45 AM, at Our Lady of Miraculous Medal R.C. Church. Interment Calverton National Cemetery. Visiting hours 2-5 and 7-10 PM.

WOLLAM- Richard of Setauket, on January 23, 1988, in his 60th year. Beloved husband of Dolores. Devoted father of Dale Lamberty, Brion, Glenn and Leslie. Dear brother of John P. Also survived by one granddaughter, Tracey Lynn.

Memorial service at the Stony Brook Community Church, Saturday, January 30, 1988, at 2 PM. In lieu of flowers, donations to the Emma S. Clark Memorial Library appreciated. For further details, contact the Casimir Funeral Home, Port Jefferson Station, NY. In Memoriam 1ST ANNIVERSARY IN HEAVEN GEORGE L.

WAGNER I miss you very much Pop. Your Loving Granddaughter, Fran Cooper IN LOVING MEMORY OF TONY JACKSON on his 18th Birthday Jan. 25, 1970 May 26, 1983 Somewhere out there if we wish on the same bright star we'll be together again. Be at peace. LOVE MOM, DEB, JIM AND GRAM Cemetery Plots CYPRESS HILLS Mausoleum 1 burials, Memorial Abbey.

516-689-8600 PINELAWN 1 crypt for 2, inside chapel, Gallery, 4th level, Hemlock Court, $10K. 516-921-5834 PINELAWN Remembrance Gdn burials. $895. 516-731-1260.