Alleged Beating Victim Taken to Court in Coma

A Sherman Oaks woman, in a coma allegedly caused by a fight with her boyfriend, was taken before a San Fernando Superior Court jury in a wheelchair Tuesday over the objections of the defense attorney.

The boyfriend, Alan Jay Mitnick, 43, of Sherman Oaks, is on trial on one count of battery with the “special allegation” of serious bodily injury.

Both the prosecutor and defense attorney agreed it was highly unusual for a crime victim in such a condition to go before a jury. A comatose Donna Pellegrino, 28, was placed between the jury box and the witness stand for just a moment so that a medical expert, who testified about her condition for the prosecution, could identify her as his patient. Then she was wheeled out of court.

Mitnick’s attorney, Peter Brown, said he argued against having Pellegrino in the courtroom because “there was no reason to bring her there, except to inflame the jury.”

But Deputy Dist. Atty. Harold Lynn said it was necessary for the jury to see Pellegrino because he is required to prove that she suffered great bodily injury. The special allegation adds three years to the maximum four-year sentence for battery.

Lynn noted that it is not uncommon for shooting victims to show bullet wounds in court. An attorney can describe an injury, but “it doesn’t mean anything until you see it,” he said.

He acknowledged, however, that few crime victims are seen in court in as serious a condition as Pellegrino, who now lives at a nursing home.

Issue in Case

At issue in the case is not whether Pellegrino and Mitnick fought, but whether the fight caused the woman’s injuries.

Pellegrino went into a coma on Sept. 23, 1984, after she and Mitnick argued and fought at the North Hollywood home of an acquaintance, according to testimony. But no witness has testified to seeing Mitnick strike Pellegrino in the head, a point emphasized by defense attorney Brown.

Physicians testifying as expert witnesses for each side agreed that Pellegrino’s coma was caused by blood clots in her brain, but disagreed as to whether the clots were caused by blows to her head on the day she entered a coma.

Neurosurgeon Rafael Quinonez, who testified for the prosecution, said a blow that day could have caused her coma. But neurologist Michel Philippart, a defense witness, told the jury that the type of blood clot Pellegrino suffered would have taken several days to form. He said his testimony was based on a review of the woman’s medical records.

Quinonez also testified that Pellegrino had traces of alcohol, Valium and cocaine in her blood when she was taken to Serra Memorial Hospital in Sun Valley. The defense has suggested that the drugs might have caused her condition.

Testimony in the case is expected to conclude today.