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Defendant Asserting Zoloft Defense Found Guilty of Assault
New York Law Journal
September 24, 2009
A Nassau County jury Wednesday rejected a defendant's claim that withdrawal from the antidepressant Zoloft had driven him to beat up his girlfriend.
After deliberating for three hours, the jurors found Brandon Hampson, 39, guilty of third-degree assault, a misdemeanor. Hampson also was found guilty of third-degree attempted assault and second-degree harassment, but acquitted of menacing and unlawful imprisonment charges by the panel of three men and two women.
Hampson, who did not testify during the two-week trial in Nassau County, said in a courthouse interview that his then-girlfriend, Lisa Essling, had urged him to go off the prescription antidepressant before the Aug. 25, 2006 altercation.
An expert witness for the defense, Dr. Stefan Kruszewski, testified last week that a "small minority of individuals who take Zoloft could experience certain side effects and that includes violent acting out." The prosecution countered with its own expert, Dr. Douglas Jacobs, that there was no scientific evidence linking Zoloft withdrawal to increased aggression. Dr. Jacobs' fee was paid by the drug's manufacturer, Pfizer.
Hampson was taken into custody moments after the verdict was read. District Court Judge Rhonda E. Fischer set Oct. 21 for sentencing on the misdemeanor convictions, which carry a maximum of one year in jail.
Hampson's attorney, Eric Bernstein of Manhattan, said he would file a motion to set aside the verdict. He said he was disappointed that the jury was not "interested in what Dr. Kruszewski said about the drug or Dr. Jacobs' lack of credibility." Nassau County Assistant District Attorney Christina Colon prosecuted the case. A spokesman for the district attorney did not immediately return a call for comment.
