Lawmaker to use battered husband defense

State Representative Mark Olson's on trial in Sherburne County for domestic assault, but according to his attorney, Olson was the victim of ongoing emotional abuse that at times became phsyical.

The pre-trial motions in Olson's case gave the public the first glimpse of Olson's defense strategy. As his lawyer Jill Clark put it, Olson endured two and a half years of "dehumanizing, abusive behavior" at the hands of the alleged victim in the case Heidi Olson.

"The only version Heidi Olson has given to police is a sliver of information intended to bolster her case," Clark told Judge Alan Pendleton.

"When in fact Heidi Olson is the perpetrator. She engaged in hands-on violence first."

Pendleton reminded Clark that she filed a motion asking that prosecutors not use terms such as "perpetrator" and "predator" to describe Mark Olson, and that she should refrain from using those terms to describe the alleged victim.

Clark told the court, "Mark Olson was in fear because of past incidents of violence, and the use of a knife by his wife."

Olson, a Republican who lives in Big Lake, was arrested on November 12, 2006 after a 911 call to the home. Olson's wife told Sherburne County deputies that her husband pushed her to the ground three times during an argument.

Olson disagreed saying he'd grabbed his wife by the shoulders and "placed her on the ground." And during part of pre-trial hearings a Sherburne County sheriff's investigator testified that Olson called him three times after his arrest trying to persuade him it was more a case of "disorderly conduct" than domestic assault.

During pre-trial Olson's attorney, Clark, told Pendleton she needed to have previous episodes from the marriage admitted into evidence to establish that Olson was a "battered husband."

She notified the court she intended to use self-defense and duress as possible defenses, but needed to introduce testimony supporting a "batted husband" case.

Later Judge Pendleton asked her to clarify what she meant by that term, noting that "battered husband syndrome" or "battered spouse syndrome" is a legal and clinical term requiring expert testimony. When asked it she was planning to prove battered husband syndrome in that sense, Clark said she was not.

Pendleton also said the past episodes allowed into evidence would only be to establish the "nature of the relationship" between the Olsons. Case law, he maintained, barred evidence being offered soley for the purpose of challenging the character of the victim.

Clark went on to say that Olson feared for his safety because of a pattern of "confrontational controlling behavior" by Heidi Olson over a period of time prior to Mark Olson's arrest.

Mark Olson's Past Behavior

The judge ruled that prosecutor Gretchen Ziehl can introduce three previous incidents of alleged abusive behavior by Rep Olson. As Ziehl put it, " To establish the defendant response in a violent, explosive manner if he feels Heidi isn't respecting him."

Heide Olson is expected to testify that Mark Olson threw a book at her, striking her. In another she told authorities Mark Olson pushed over a book case causing books to hit her. And in a third prior incident, Heidi Olson will testify that Mark Olson shoved her onto her bed causing her to fall and hit her head.

Judge Pendleton said deciding the scope of prior behavior, what part of the couple's previous history, to allow into evideence is the most difficult question in domestic assault cases. He did give the defense leeway to offer several prior episodes into evidence, even though they may paint the alleged victim in a more negative light.

Mark Olson's claims of past abuse

For instance, Mark Olson will be allowed to testify that Heidi grabbed the Bible out of his hands while he was reading it on more than one occasion and slammed it onto the table. He'll also be allowed to testify that on two different occasions Heide Olson struck him on the legs.

And although Mark Olson wasn't there to witness it himself, the defense will be allowed to offer evidence that Heidi damaged a china hutch using a fileting knife. The hutch, in the bedroom of the Olson's home in rural Big Lake, was a wedding present from Mark to Heide.

Olson seemed repentive when first released from jail November 15th, 2006 saying that he was seeking his wife's forgiveness and the public's forgiveness. He also told investigators during a taped interview that he felt "responsible for failing to control myself under this pressure."

But in court Monday his attorney said Olson's statements were miscontrued by police. Clark said he meant to say he that as the Christian head of a household Olson felt "responsible for any discord." And the domestic incident showed he had failed in his role as head of the household.

Pendleton will allow jurors to hear Mark Olson's claim that Heidi had threatened him with divorce on several occasions and asked him to leave the home at times during the marriage.

The prosecutor Ziehl characterized the sudden onslaught of prior episodes "trial by ambush," noting that the state had never been advised these previous events would be offered at trial. Ziehl told the judge she would need to question Heidi Olson about these new allegations prior to her taking the witness stand.

Clark said the incident on November 13th resulted from a game of Monopoly days earlier, in which Mark Olson tried to instruct his 12-year-old stepson on the proper use of hotel game pieces. She said Mark Olson felt physically threatened by the 12-year-old, who she described as autistic.

She said Mark Olson's attempts to speak to Heidi about the situation with the 12-year-old led to the confrontation that led to the arrest on November 13.

Clark said those deeply held religious beliefs are the crux of the case, especially when it comes to explaining Olson's earlier statements. She told the judge that during jury selection she would like to ask prospective jurors whether they would be prejudiced against someone with firmly held religious beliefs.

Statement to Investigators Challenged

Before jury selection can begin, Judge Pendleton must decide whether to allow Olson's statements to detectives into evidence. At issue is whether Olson truly intended to waive his Miranda rights to have a lawyer present, or to not incriminate himself.

At times during conversations with deputies Olson reportedly said "it one of those times like these when I wish I had attorney." In another conversation he said he'd like to talk to his pastor and a lawyer.

Sheriff's sargeant Scott Fildes testified Monday that he meant questioned Olson about those statements when he interviewed him formally the day after the alleged assualt. Fildes said Olson said "I would like to talk to a lawyer, but I also want to confess my wrongs."

Fildes said he told Olson that if he really wanted an attorney that he and the other deputies wouldn't try to talk to him further. He said he told Olson an attorney could be appointed for him if he couldn't find one.

But Olson responded, according to Fildes, "I understand I'm choosing to give that up."

When asked by Clark if he'd been trained on how the Miranda warning works, Fildes said he did. He testified that it seemed to him Olson was being philosophical, wishing in a philosophical sense that he had an attorney, rather than asking for an attorney at that very moment.

An hour and 37 minutes of that interview were captured on audio tape, but parts of it weren't intelligible according to Clark.

She sent a copy to a lab in Albuquerque to enhance the sound quality and clear up background noise. But Clark wouldn't elaborate on how the enhanced sound could help Olson's case.

The defense lawyer Clark maintains that Fildes led Olson to believe, prior to the formal interview on tape, that he'd appear more innocent if he spoke to police without a lawyer present.

Fildes denied ever saying anything of the sort to Olson. It was a conversation Olson maintains happened as they walked from the holding cell to the interview room at the Sherburne County jail.

Olson wore his wedding ring in court, but Judge Pendleton at one point said he understands divorce proceedings are pending. Mark was a boyhood friend of Heide's first husband, who died in a car wreck.

The November incident took place just days after the Big Lake Republican was elected to an eighth term in the Minnesota House.

Check out our KARE family of Web sites:
	takeKARE		Metromix
	Moms Like Me		Minnesota Bound
	Showcase Minnesota