Thursday, August 03, 2000
Lawyers say it was life or death
By
The Cincinnati Enquirer
HAMILTON — No one doubts Josie Whitaker killed her husband, but her attorneys say she's not guilty of murder.
“She was literally saving her life in shooting this man,” said Jack Garretson after he and his brother, Patrick, entered a not-guilty plea on Mrs. Whitaker's behalf Wednesday in Butler County Area II Court.
Mrs. Whitaker, 68, called police to her Hanover Township home late Monday, saying she had just shot her husband, William, 70. He died early Tuesday, after a 52-year marriage that her lawyers say was marred by chronic domestic violence. They believe Mrs. Whitaker suffers from battered woman syndrome and acted in fear for her life in the wake of a sexual assault when she shot her husband.
Police acknowledge that relatives and others also reported Mr. Whitaker had been the aggressor, but Butler County Sheriff's Maj. Anthony Dwyer said a thorough investigation was still in progress.
As Judge J.B. Connaughton and defense lawyers went through arraignment procedures, Mrs. Whitaker dabbed at her eyes with a cotton handkerchief, decorated with yellow pansies, as she stood in court with her head bowed.
She was released on her own recognizance after prosecutors offered no objection. A preliminary hearing, where the case against Mrs. Whitaker will be outlined, is set for Aug. 23.
“She's a good woman. She's never been in trouble in her life, never harmed a flea in her life,” Patrick Garretson said.
The Brown Dawson Funeral Home is handling arrangements for Mr. Whitaker, but officials there on Wednesday declined to release the customary obituary information, saying it's private.
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