Defence likely to wrap up evidence in Kissel case


Albert Wong


August 22, 2005


Counsel for Nancy Kissel will likely complete evidence for the defense this week, the 12th week of the trial, paving the way for the final stage of the proceedings.

After the defense witnesses complete their testimony, counsel for both sides will present their closing arguments. The case will then be handed to the jury for deliberations after the judge gives his final directions.

Last week, witnesses testified that they had seen Kissel with a bruised face, injured ribs and black eyes on several occasions between 1998 and 2003.

Kissel's father, Ira Keeshin, and her half-brother, Brooks Keeshin, testified that, in November 2003, they were told Kissel had been assaulted and were immediately concerned for her safety, knowing that, in worst-case scenarios, abusive husbands initially leave the home but return later to inflict more harm.

Kissel, 41, is accused of murdering her husband, Robert, on November 2, 2003, in their luxury Parkview apartment. She has testified there was a furious fight that night.

Kissel has accepted that she killed her husband but cannot recall how she came to inflict five fatal wounds to the side of his head. She denies the charge of murder and is out on bail.

The decomposing body of Robert Kissel, a former high-flying Merrill Lynch banker, was found wrapped in a rug and locked in a storeroom in the Parkview residential complex in the early hours of November 7.

Kissel has testified that she was subjected to a nightly routine of violence and sexual abuse since relocating to Hong Kong in 1998, but did not tell friends or family because the issue was humiliating.

On the morning of November 4, Kissel consulted Dr Annabelle Dytham about an alleged assault by her husband and the injuries inflicted during that assault. Originally, Dytham thought Kissel's pained response ``disproportionate to the actual injury.''

Monday, when told by defense counsel Alexander King, SC, that blood tests showed Kissel may have been suffering ``skeletal muscle injuries'' at the time, Dytham said she would not have thought Kissel to be exaggerating had she known that. She said ``deep tissue injuries do not necessarily show up as bruises'' or red marks.

Dytham, who was part of the medical team attending the Hong Kong Rugby Sevens tournament, agreed with King that rugby players often come off the pitch not realising the extent of their injuries until the following day.

Dr Michael Cheng, a former general practitioner at the Adventist Hospital, also testified Monday that he had treated Robert Kissel for a fractured knuckle on August 31, 1999.

The explanation for the fracture was that he had hit a wall, said Cheng. Nancy Kissel has testified that this was when Robert Kissel first tried to hit her - but missed - during an argument about the expected birth date of their first son, which coincided with an important business deal in Korea.

Tuesday, Ira Keeshin, testified about the shock of hearing that his daughter may have been beaten up by her husband and then hearing that Robert Kissel might be dead in a storeroom.

He said he had a good relationship with Robert Kissel and often had ``guy talks'' about their interests in business when they were on family vacations. He was aware the couple had arguments, but nothing prepared him for the November 3, 2003, telephone call when his daughter said: ``Dad, I've been beaten up.''

He said she told him her husband had left the apartment, but he could not remember further details since he was in shock.

After consulting with his son, Brooks, who was a medical student and had worked with women's shelters, Keeshin decided to fly to Hong Kong.

It was only after the chief inspector who visited the Kissel apartment on November 6, said, ``we're pretty sure we know where your son-in-law is,'' and asked for the keys to the storage room, that he first considered something had happened to Robert Kissel.

During cross-examination Wednesday, Keeshin said it did not occur to him to actively search for Robert Kissel since he had flown over chiefly to ``handle things'' such as making sure the children got to school rather than conduct an investigation. He could not remember specific details of his time in Hong Kong because of jet-lag and the shock of the events that unfolded in the first week of November 2003.

Nancy Nassberg said Thursday that, in February 1999, she and her helper had asked why Kissel continued to wear sunglasses indoors during a birthday event in Movenpick restaurant with the children.

Kissel lowered her sunglasses, revealing the bruising on her right eye, and said ``rough sex.''

Throughout Thursday and Friday, other witnesses testified they had seen Kissel with a black eye on separate occasions and that she often dismissed the injury as something which occurred while playing with the children.

The trial is being heard before justice Michael Lunn.

 


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