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The trial of Muzzammil Hassan: Day 9

BUFFALO -- The murder trial of of Muzzammil "Mo" Hassan has wrapped up its ninth day in Erie County Court.

Hassan, 46, is accused of stabbing and beheading his wife, Aasiya Zubair Hassan, at an Orchard Park television station on Feb. 12, 2009.

Judge Thomas P. Franczyk has allowed Hassan to represent himself.

Check out this review of today's proceedings:

6:24 p.m.: Before the end of the court session today, Franczyk agreed to sign a number of subpoenas for witnesses Mo Hassan wants to call to the stand.

Those people include Dr. Gary Horwitz, a psychiatrist who did a mental evaluation of Hassan.

Prosecutors have said things that Horwitz testifies to would not be favorable to Hassan's defense.

Others who will be subpoenaed are a secretary at Bridges TV, where Mo Hassan and Aasiya Hassan worked; Mo Hassan's primary physician; a marriage counselor who held sessions with the couple; Dr. Kenneth Condrell, who evaluated the Hassan family in a family court matter; a private detective who did work for the Hassan's and who tracked Mo Hassan down for Aasiya when he was staying in a local hotel.

The judge said he would not sign subpoenas for a domestic violence counselor for Catholic Charities who worked with Mo Hassan or an FBI employee who was the instructor at a citizens academy Mo Hassan attended.

Franczyk also would not sign a subpoena for an attorney who represented Mo Hassan in a family court matter, nor a former assistant chief of the Orchard Park Police Department.

Mo Hassan wants to recall to the stand his older children Michael and Sonia, but Franczyk reserved judgement on whether he would sign subpoenas for them.


6:08 p.m.: Here's Mo Hassan's legal advisor Jeremy Schwartz speaking with reporters after today's session wrapped up:


5:34 p.m.: Judge: "I've run out of gas, so we're going to adjourn until tomorrow."

Check back for more about the subpoena debates.


5:22 p.m.: Still discussing subpoenas.


5:08 p.m.: The judge is reviewing a list of requests from Mo Hassan for subpoenas.


4:50 p.m.: Judge asks jury to come back tomorrow at 9:45 a.m., to shoot for a 10 a.m. start. They are excused.


4:47 p.m.: Mo Hassan wants to hand the jury his various diagrams. The judge says that would take too long.


4:46 p.m.: Judge says session will proceed until 4:50 p.m., when he has some matters to take up with counsel.


4:45 p.m.: Mo Hassan refers to "evil dragon" again, talking about his wife's actions towards him.


4:43 p.m.: Judge: "It's getting overly repetitive now."


4:42 p.m.: Mo Hassan is showing the jury a diagram he drew of a pendulum which showed the range of the ways he was treated by his wife.

It went from her rubbing olive oil on his feet after they swelled up from flying on a plane, to her exploding at him.


4:40 p.m.: Mo Hassan is showing the jury a written list, which includes "everything that has happened to me up until that point."


4:38 p.m.: Mo Hassan is trying to get some of his writings entered into evidence, including a sketch of something the judge called a concept of some type of dragon.

"That is my creation. It does not come from any book," Hassan testified.


4:30 p.m.: Mo Hassan wants to enter into evidence a journal he began keeping in September 2006.

He said he started keeping it "to get in touch with my own reality as to what was happening to me."

He also wanted to "help Aasiya break through her denial of the abuse" he was suffering.

Judge reserves ruling until he can review it all.


4:25 p.m.: Mo Hassan said he got an attorney, a counselor and began staying at a hotel after the proection order was put in place.

"It ended up costing me $20,000 just to clean up that mess," he told the jury.


4:20 p.m.: While the protection order was in place, Aasiya came to see him in Toronto at a hotel, Mo Hassan claims.


4:16 p.m.: Mo Hassan said the protection order came from his wife, who claimed Hassan "stabbed her in the back" when he shared her emails to him with a counselor.

He said he had then felt a great feeling of helplessness, because he came "back home with so much hope and this is what i come home to."

Mo Hassan said he took 10 sleeping pills, but they didn't work because he was "too big for them."

That was the closest he came to committing suicide, he told the jurors.

Because of the protection order, he could only see his children through supervised visits, he said.

"The experience is so humiliating, you feel like a criminal seeing your own children that you love," Hassan said.


4:11 p.m.: Mo Hassan said when he returned home from a monthlong trip abroad, he was greeted with a new protection order.

He showed the jury a photo of all the gifts he bought his children on his trip. The photo is of the gifts on a hotel room bed, where Mo said he went when he got home.


4:08 p.m.: Mo Hassan is showing the jury photos, including one of his daughter wearing a dress he bought for her while he was in Pakistan.


4:04 p.m.: While in Saudi Arabia, Mo Hassan said he asked God to send him guidance.

"I just don't know how to cope with this thing," he said he thought at the time.


4:02 p.m.: Jury allowed to return.


4 p.m.: Judge allows to consider allowing photos from Mo Hassan's trip to Dubai into evidence, but and says captions must be redacted if they are.


3:54 p.m.: The juror and Hassan have left the side meeting room.

A few moments later, the judge also returned to the courtroom.


3:53 p.m.: The CPS report, according to Mo Hassan, indicates Aasiya gave multiple reasons for swelling around her eyes in December 2007.

In once instance, she said it was because Mo hit her.

But none of that was entered into evidence by the prosecution, according to the judge.

"You're kind of bringing stuff in that they haven't brought in in order to debunk it," Franczyk said.


3:51 p.m.: The judge, Hassan and the attorneys have left the room to discuss a juror issue.

The juror has also been brought into the side room to discuss the issue.

Before that, the judge denied an attempt by Hassan to have a Child Protective Services report entered into evidence.


3:42 p.m.: Mo Hassan wants to enter a report from Child Protective Services into evidence.

Attorneys and judge are discussing.


3:39 p.m.: Judge calls for five-minute recess. Jury exits courtroom.


3:37 p.m.: The medical report notes Aasiya's injuries caused by "same old thing," according to prosecutor Colleen Curtin Gable.

The medical note indicates Aasiya said children were present at the time, and she was trying to "block attacks."


3:33 p.m.: Mo Hassan said while he was out of the country in November 2007, Aasiya reported an incident of domestic violence to staff at her doctor's office.

He has entered his passport in evidence, which he says proves he wasn't there.

However, the prosecution reads the medical report, which indicates Aasiya reported the incident happened 20 to 25 days prior.

Mo Hassan seems to ignore that point.

His legal advisor Jeremy Schwartz raises his eyebrows.


3:21 p.m.: Mo Hassan said he got a traffic ticket in the mail five days later charging him with reckless driving.

He said the charges were eventually dropped.


3:18 p.m.: Mo Hassan disputes accusations that he tried to run his wife off the road during an incident in October 2007.

Hassan said his car never left his lane and he had slowed down to wave to his wife because she had her cell phone off.

"My car never ever left the lane at all," Hassan testified.

Aasiya had been on the way to the airport with the children in the car. Hassan said he was afraid she was again trying to leave with the kids, even though he acknowledged it would be ok if she went to New York City.

The plane ticket was for a connecting flight to Paris for a television conference, though there were no plans for Aasiya to actually go to Paris because funds were tight at Bridges TV, Hassan said.

Hassan said the babysitter was driving Aasiya to the airport, and she had pulled over.

He said he continued to the airport to wait for them, but waited 45 minutes and they never showed up.


3:05 p.m.: Mo Hassan has compared himself to a turtle, who has to go inside his shell for protection from his wife's outbursts.

His wife was unable to communicate her anger and hurt in a gentle way, he said.

She was always using personal attacks and threats that left him shaken up, he told the jury.


3:03 p.m.: Mo Hassan said he tried to tell Aasiya she had a dependency on police and others, and that she used them as "intimdation tools."


3:01 p.m.: Mo Hassan is starting up again talking about events in August 2007.

Hassan is wearing a grey suit, white dress shirt and blue tie.


2:59 p.m.: In the exchange between the judge and Hassan happening as we were walking into the courtroom, there seemed to be a flare up between Mo Hassan and the judge regarding rules of evidence.

"If you want to play by your rules, your'e welcome to leave," the judge said.

If Hassan elected to leave, he would not have been allowed to make his own closing statement. That would have had to be done by his legal advisor Jeremy Schwartz, Franczyk said.


2:55 p.m.: The jury coming into the courtroom. Mo Hassan is seated on the witness stand.


2:54 p.m.: Mo Hassan was asking to leave the courtroom. There appears to be some dispute over the admission of some kind of evidence.

The jury is not here.

When reporters and the public were allowed to enter the courtroom, Hassan and the attorneys from both sides were already present and talking.


12:53 p.m.: Hassan is expected to continue his testimony when the trial resumes.

Here's a video recap of the highlights from week two of the trial, featuring Staff Reporter Sandra Tan:

Here's Sandy's most recent story on the trial.

Check out The News' topics page for everything about the Hassan case.

--Aaron Besecker

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