Slain Wife’s Abuse Cited in Her Killer’s Probation Plea : Court: A juror’s letter supports defense’s request for husband, who was convicted of voluntary manslaughter.

With the backing of at least one juror, attorneys for a man who killed his wife with a wrench have asked a judge to place him on probation because she had abused him for 25 years.

In documents filed in Van Nuys Superior Court for today’s sentencing of Moosa Hanoukai, Encino attorney James E. Blatt argues that his client’s action “is partially excusable due to his mental condition caused by Mrs. Hanoukai’s psychological abuse.”

Prosecutors have asked for the maximum sentence of 12 years, arguing that Hanoukai is attempting to evade responsibility for the killing.

During a trial that ended last month, Hanoukai, 55, of Woodland Hills, was convicted of voluntary manslaughter in the slaying of 45-year-old Manijeh Hanoukai.

The manslaughter verdict, which meant the jury determined that the killing was committed in the heat of passion, ended a contentious trial in which Hanoukai was portrayed by his attorneys as a browbeaten and psychologically emasculated man who exploded after a quarter of a century of abuse from his wife.

Hanoukai testified that his wife forced him to sleep on the floor for eight years and that she routinely called him “stupid” and “idiot.”

While prosecutors sought a murder conviction, Blatt used a novel defense strategy to show that Hanoukai’s Persian Jewish culture, and years of torment from his wife, caused him to explode on March 29, 1993, after his wife said she wished he were dead.

Explaining to the jury that he temporarily blacked out, Hanoukai testified that he hit his wife dozens of times, stopping only when he became tired. A psychologist who examined Hanoukai in December testified that he was in a “dissociative state” during the fatal bludgeoning.

The body of Manijeh Hanoukai was found hidden in the garage of the family home five days after the slaying. Hanoukai turned himself in to police the next day after he had contacted an attorney.

In a sentencing memorandum designed to sway Judge Kathryne Ann Stoltz, Blatt also submitted a letter from juror Richard Mann, who wrote: “I truly believe that (Hanoukai) only wanted to shut her up, and not kill her.”

The juror writes that everyone will benefit if “this entire matter was put to rest” by placing Hanoukai on probation.

“I do believe that there is a ‘Battered Wife Syndrome,’ ” Mann writes in his March 31 letter, “and now I feel that I have seen its counterpart of ‘Battered Husband Syndrome.’ ”

Blatt suggested that if a prison sentence is imposed, a minimum of three years, which would probably lead to Hanoukai being paroled later this year, would be appropriate.

In contrast, a document filed by Deputy Dist. Atty. Kathleen M. Cady calls for the maximum sentence, arguing that Hanoukai is a violent man who lied during his testimony.

“He is attempting to use the ‘I was the victim’ defense to the ultimate extreme and not accept any responsibility for his actions,” Cady wrote.