Barbara Ann Peterson

Case record: Barbara Ann Peterson

Background

Barbara Ann Peterson was an American woman who was convicted of the murder of her husband, Loren Peterson. Loren Peterson died of multiple gunshot wounds inflicted by Barbara Ann Peterson.

Barbara Peterson and Loren Peterson had met in 1964 and married. The record described a history of abuse spanning some 25 years, and described that the abuse continued for most of their marriage. It also described that, before they were married, an incident occurred in which Loren Peterson, described as a career Navy SEAL who served in Vietnam, threw Barbara Ann Peterson on the hood of a car and beat her up in front of her sister.

After they married, Loren Peterson became very possessive and jealous. When Barbara Ann Peterson was pregnant with their first child, Loren Peterson kicked her in the stomach “as hard as a football,” and she was afraid she was going to lose the baby. Another time, he told her he wanted to “mess [her] face up . . . [so] nobody would look at [her].” After that, she would cover her face when he beat her up to try to protect it. The record described that Loren Peterson would kick her, pull her hair, and smack her, and described that he would “play with her head,” using tactics he had been taught in the military to “pick on her” and on their children.

The record described that Loren Peterson beat her or picked on her for no reason—“if the moon was full,” “if it rained and he was going someplace,” “if his job wasn’t going good.” The record described that during their 26 1/2 year marriage this happened on average two or three times a week. The record described that once, a week after a judge in Virginia said he “don’t want to see us back in his court for a year,” Loren knocked Barbara Ann Peterson off a barstool and left her unconscious.

The record described that although Loren Peterson had quit drinking in 1983, about two months before the shooting he was “very angry.” The record described that he would intimidate Barbara by giving her looks: “If looks could kill, I would have been dead.” It further described that he threatened to kill her by “taking [her] head off,” and that Barbara was frightened and had diarrhea for 20 straight days. When Barbara complained that she was physically ill from Loren Peterson’s threats, he responded that they were not threats, they were promises, and the children should make her funeral arrangements.

Six days before the shooting, Loren Peterson threatened to rape Barbara Ann Peterson because she would not sleep with him.

The offence

Barbara Ann Peterson killed Loren Peterson as he sat in a reclining chair while watching television. The record described that Loren Peterson died of multiple gunshot wounds inflicted by Barbara Ann Peterson.

A voluntary statement was made by Barbara Ann Peterson to T.F.C. John Bollinger of the Maryland State Police. Trooper Bollinger stated:

She advised that at approximately 8:30 her husband went to church and stayed at services until approximately 10:45. It was at the Immaculate Conception in Marydel, the church he attended. Said he returned home approximately 11:30 or Noon. The victim changed clothes and went outside to feed his animals. Came back in the residence for a short period of time. Then went back outside to do more yard work. The victim had started a fire in the backyard near the animals. Mrs. Peterson asked him through the window to put the fire out. It was disturbing the animals. The victim stated it was not bothering the animals and kept it burning. Approximately 1:00 P.M., the victim came into the residence and turned on the television in the living room and began watching football. Sat in the recliner located in the left rear corner of the living room. Mrs. Peterson stated she had a revolver on her. She had the extra rounds in her pocket. She went into the bathroom just off of the living room. Took the gun into her hand. Mrs. Peterson stated she don't know what happened to her in the bathroom, but she came out with the gun in her hand, pointed the gun at her husband and repeated you're not going to kill me. . . . Mrs. Peterson advised that she fired on (sic) at her husband. He attempted to get out of the chair and stated, "No, honey." Mrs. Peterson stated she got very scared and fired several more shots at her husband and he fell back into the chair. She further stated that her husband had a pained look on his face and she thought he was suffering from the wounds. Mrs. Peterson unloaded the weapon from where she had fired the shots and reloaded the weapon.

The record stated that Barbara Ann Peterson did not contest the issue of criminal agency. The record further stated that she asserted the defense of not criminally responsible by reason of insanity.

Investigation

T.F.C. John Bollinger of the Maryland State Police received a voluntary statement from Barbara Ann Peterson.

Trial

A jury convicted Barbara Peterson in the Circuit Court for Caroline County. The record stated that the Honorable J. Owen Wise presided. The jury convicted Barbara Peterson of first degree murder and use of a handgun in a crime of violence.

The record stated that appellant’s husband, Loren Peterson, died of multiple gunshot wounds inflicted by appellant, who killed him as he sat in a reclining chair while watching television.

The record stated that appellant did not testify. The record also stated that, although the jurors heard evidence that she had on occasion been physically abused by the victim, appellant’s defense made no reference to the “battered spouse syndrome.”

Barbara Ann Peterson asserted the defense of not criminally responsible by reason of insanity. In the words of her trial counsel, appellant was suffering from a mental disorder and:

was not in control of her actions. Her delusions had convinced her that she had to take action against her husband. She could not control herself and unfortunately she took these actions.

The trial involved evidence from Dr. Carole Kleinman, a psychiatrist called as an expert for the defense. The record reported the following testimony:

Q. Dr. Kleinman, with the mental condition of Barbara Peterson, may I give you a hypothetical.
A person with the mental condition of Barbara Peterson on the date in question exactly one year ago. Could that person have a delusion of illogical but honest belief that they would have to use force to protect themselves from imminent or bodily harm?
A. Definitely. I mean that is the whole point. She was convinced that her life was in imminent danger. There was no question in her mind.
Q. This means even if a person was not even attacking her or anything that they could . . . a person in that state could believe that?
A. Yes. She was convinced that her life was in danger.
Q. Imminent danger?
A. Imminent danger. That she was going to be killed. There was no question in her mind.

The State conceded that the defense presented evidence from which the jury could conclude that, at the time she shot her husband, appellant harbored a subjectively honest but objectively unreasonable belief that she was in peril of death or serious bodily harm.

Legal issues raised on appeal

Barbara Ann Peterson presented one question for review: “Did the trial court err in refusing to propound an instruction regarding voluntary manslaughter?”

The appellate discussion included references to imperfect self-defense and whether an instruction should have been given. The opinion concluded appellant was not entitled to an instruction on imperfect self-defense because the jurors heard no evidence that, when appellant shot the victim, the victim was saying or doing anything which could have led a reasonable person to believe that the victim posed an imminent danger of any injury serious or otherwise. The record stated that the defense conceded at trial that no sane person in appellant’s position on the occasion of the fatal encounter would conclude that appellant was in any danger.

The record also described that the jury heard Dr. Kleinman’s testimony only because appellant entered a plea of not criminally responsible by reason of insanity. The record stated that this testimony would generate the issue of imperfect self-defense only if the defense of “diminished capacity” were recognized in Maryland, and that Maryland does not recognize that defense.

Appeals

The Court of Special Appeals of Maryland considered an appeal by Barbara Ann Peterson v. State of Maryland. The opinion was by Murphy, J., and was submitted before Garrity, Murphy, and Getty (James S. Retired, specially assigned), JJ. The record indicated:

• Filed: July 1, 1994
• Appeal from the Circuit Court for Caroline County

The appellate court affirmed the judgment.

The record also described post-conviction relief proceedings in which a memorandum opinion and order granting post-conviction relief were issued. It stated that on August 14, 2003, the court issued a memorandum opinion and order granting post-conviction relief in the form of a new trial. It further described that, when the State of Maryland appealed the court’s order, the appellate court upheld the lower court ruling.

The record described that the post-conviction ruling was based on findings that trial counsel’s investigation was “grossly deficient” if it did not reveal facts about 27 years of extreme physical and psychological abuse; that the family could corroborate the history of abuse and “recent incidents of spousal abuse”; that trial counsel’s deficient performance prejudiced Barbara Ann Peterson to a degree undermining the court’s confidence in the fundamental fairness of her trial; and that, but for those errors, the result of the trial would have been different.

Sentencing

The record stated that Barbara Ann Peterson was sentenced to life imprisonment and a consecutive 20 year term in December 1992.

Outcome

The appellate outcome included: “JUDGMENT AFFIRMED; APPELLANT TO PAY COSTS.”

Other details

A telephone repairman working at the house witnessed the situation between the couple and later told his fellow employees:

“You can remember this name because you’ll read about this. Something’s going to happen here. It was just a time bomb.”

A psychiatrist testified at trial. The psychiatrist’s statements included descriptions of Barbara Ann Peterson’s children describing her as someone who would flip out of control and later not remember what she had said or done. The psychiatrist also described:

They described her as being a very strange person who would say and do strange things and would report strange experiences like these out-of-body experiences or seeing visions of God, of Jesus, or seeing her aunt and grandmother seated at the foot of God.
“They said that she’s seen ghosts in the past and reported that. She would have these experiences of ESP, extra sensory perception, where she would feel that she could predict something before it happened. Like she knew an uncle was going to die before she was told that he was dead. And there were a number of instances like that.”

The psychiatrist concluded that Barbara Ann Peterson “had some psychiatric problems” that had been “exacerbated by this very abusive relationship and had colored the way she experienced her interactions with her husband.” The psychiatrist also concluded that Barbara Peterson was experiencing the symptoms of battered spouse syndrome, which “affected her thinking at the time that she shot her husband.”

A note in the record indicated a reference to trial: “assert the defense of not criminally responsible by reason of insanity.fn1.” The record also included references to testimony with footnote indicators, including “testimonyfn2 from Dr. Carole Kleinman.”