State v. Cohen

Decision Date10 May 1966
Citation31 Wis.2d 97,142 N.W.2d 161
PartiesSTATE of Wisconsin, Respondent, v. Lewis COHEN, Appellant.
CourtWisconsin Supreme Court

Kersten & McKinnon, Martin J. Price, Milwaukee, for appellant.

Bronson C. La Follette, Atty. Gen., Madison, Hugh R. O'Connell, Dist. Atty., Robert E. Sutton, Asst. Dist. Atty., Milwaukee, for respondent.

GORDON, Justice.

A Review of the Evidence.

Since the appellant has challenged the sufficiency of the evidence, it becomes necessary that we review the evidence. The intrinsic nature of the case forecloses any great delicacy.

On April 12, 1963, Patricia Hanley, an eighteen-year-old, unmarried resident of Minneapolis, was informed by her physician that she was pregnant. Patricia told her friend, Roberta Dahl, of her condition and of her desire to have a miscarriage. Pursuant to Roberta's suggestion, Patricia took some quinine pills and a mustard bath in an attempt to cause a miscarriage.

Patricia testified that on April 16 or 17, 1963, Roberta telephoned the defendant, Dr. Cohen, from the Dahl home and made arrangements for a visit with him in Milwaukee. She said that she and Roberta arrived at Dr. Cohen's office at about 8 a.m. on April 20, 1963, and that she then paid Dr. Cohen $400 upon his request.

Patricia further testified that she went into an examining room, removed her clothing except for a half slip, and positioned herself on her back upon a table. She stated that Dr. Cohen inserted some medical instruments into her body and she experienced internal pain and a pulling sensation in the vagina. Patricia claimed that the doctor told her he was having some trouble 'getting parts of it out.'

The procedure in the doctor's office lasted about forty-five minutes; Miss Hanley stated that thereafter Dr. Cohen gave her a supply of ergot tablets to stop any bleeding. She said that she thought she put on a pad after the treatment and prior to leaving the doctor's office. The two women then took a bus back to their hotel, rested for about an hour and a half and then returned to Minneapolis by train.

Patricia stated that her supply of ergot pills ran out four or five days after leaving Milwaukee and that she began to bleed in small amounts. She said that on May 5, 1963, she began to hemorrhage and evacuated some blood clots. She explained that when this occurred again on May 15th she was prompted to call Dr. Cohen, who told her to purchase some ergot pills and also advised her to consult her family physician.

Patricia entered Minneapolis General Hospital on May 15, 1963, and remained there until May 17, 1963, under the care of Dr. Donald Johnson, whom she told about the prior events at the defendant's office. Dr. Johnson testified that he diagnosed her condition as an incomplete abortion; he performed a uterine curettage, removing several fragments of placental tissue.

Miss Hanley testified that on May 17, 1963, she signed a statement at the Minneapolis police department detailing her involvement with Dr. Cohen. Milwaukee authorities were informed of the transaction, and on June 6, 1963, in investigator in the Milwaukee county district attorney's office transmitted the complaint to the appellant.

Miss Hanley said that on the following day, June 7, 1963, she received a telephone call from Attorney Donald Jacobson, representing Dr. Cohen, who asked her to meet him at the Milwaukee Road depot in Minneapolis. Patricia added that she and Roberta went to the depot and met with Mr. Jacobson, who advised her that if she wrote a letter to the Milwaukee authorities exculpating Dr. Cohen, the case would probably be dropped and Patricia could avoid any publicity and thereby protect the boy involved. Patricia testified that she told Mr. Jacobson that her statement to the Minneapolis police was truthful, but she nevertheless consented to write the letter (Exhibit 4), which she said was designed to have the case dropped.

Patricia said that after the letter was written Mr. Jacobson gave her $400, although he had not previously mentioned money as an inducement. She acknowledged that Mr. Jacobson did not threaten her and that he 'was a gentleman at all times.' Patricia stated that she later received $72 from Mr. Jacobson to cover her hospital bill. At the trial, Miss Hanley stated that the contents of the letter (Exhibit 4) were not true.

On June 23, 1963, Patricia gave a statement to Mr. Hugh O'Connell, of the Milwaukee county district attorney's office, in which she repeated her inculpation of Dr. Cohen. This statement contained assertions regarding her bleeding before seeing Dr. Cohen and regarding the latter's comments about blood clots. These aspects of the evidence will be considered more closely in a subsequent portion of this opinion.

Dr. Cohen testified that he had known Ann Dahl, Roberta's mother, for about two years prior to April, 1963, having once treater her. He further stated that Mrs. Dahl had sent people with social diseases to him on numerous occasions, and that in March, 1963, she had brought her daughter, Roberta, to Dr. Cohen to determine if Roberta was pregnant.

Dr. Cohen stated that Mrs. Dahl telephoned him on April 18 or 19, 1963, and told him that her daughter's friend, Patricia Hanley, 'was pregnant, that she had taken quinine pills, hot mustard baths, and she began to hemorrhage and (was) flowing very heavy.' Dr. Cohen testified that he advised Mrs. Dahl to take the girl to a local hospital but that Mrs. Dahl pleaded with him to be merciful and to treat her to prevent her parents from discovering her pregnancy. According to Dr. Cohen, he told Mrs. Dahl that he would take care of her but could not perform any operation if such was necessary.

The appellant testified that Patricia and Roberta arrived at his office on the morning of April 20, 1963, the that Patricia advised him that she had started bleeding about six days before coming to Milwaukee, that Mrs. Dahl had advised her to take quinine pills, that she had had very strong cramps and pain, that she had begun to bleed very heavily after taking the pills, and that she had passed blood clots prior to seeing him.

Dr. Cohen stated that upon examining Patricia, he noticed blood clots in the lower part of her vagina, which he cleaned out with a forceps. He also claims to have observed a piece of necrotic tissue protruding from the cervical canal and discovered that Patricia had a retroverted uterus which caused pain when pressed forward. He stated that he told Patricia that she had had an incomplete miscarriage and that in order to get relief she would have to go to the hospital and have a curettment. He advised her that it would cost between $600 and $700, whereupon he said Patricia gave him $400 and asked him to make the necessary arrangements and said that she would return with the rest of the money.

Dr. Cohen testified that the next time he heard anything about Miss Hanley was on June 6, 1963, when the district attorney's investigator apprised him of the abortion charge. The appellant stated that upon being informed of Miss Hanley's complaints he retained Mr. Jacobson to safeguard his interests and to return the...

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3 cases
  • State v. Clarke
    • United States
    • Wisconsin Supreme Court
    • October 3, 1967
    ...state of mind during the attack. The credibility of witnesses is peculiarly for the trier of fact to determine. State v. Cohen (1966), 31 Wis.2d 97, 142 N.W.2d 161; Drane v. State (1965), 29 Wis.2d 208, 138 N.W.2d 273; Gauthier v. State (1965), 28 Wis.2d 412, 137 N.W.2d 101. It cannot be sa......
  • Tobar v. State
    • United States
    • Wisconsin Supreme Court
    • November 1, 1966
    ...of the witnesses. The function of an appellate court in assessing credibility of witnesses was declared in State v. Cohen (1966), 31 Wis.2d 97, 106, 142 N.W.2d 161, 165: 'The appraisal of the relative credibility of the several witnesses was a proper function of the trial court and on which......
  • King v. State
    • United States
    • Wisconsin Supreme Court
    • January 6, 1977
    ...Zebrowski v. State, 50 Wis.2d 715, 185 N.W.2d 545 (1971); Simpson v. State, 32 Wis.2d 195, 145 N.W.2d 206 (1966); State v. Cohen, 31 Wis.2d 97, 142 N.W.2d 161 (1966); McCormick, supra, p. 456, sec. 191. The psychologist testified that his opinion would depend on a full understanding of the ......

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