Case details

Defense claimed immigrant’s husband did not commit abuse

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, head, headaches, mental, psychological
FACTS
During the evening of Feb. 17, 2016, plaintiff Anna Mitskevych, an accountant in her 30s, was allegedly abused by her new husband, Dr. Brian Northcutt. They met through an online dating website in December 2015, and they legally married in Las Vegas on Feb. 17, 2016. For religious reasons, they had to wait until May 8, 2016 to marry in the Orthodox Church. Mitskevych claimed that Northcutt abused her throughout their marriage and that the abuse ultimately culminated in an incident on July 19, 2016, during which she was allegedly physically abused and raped by Northcutt. Mitskevych sued Northcutt, alleging that she was a victim of domestic abuse. The first trial ended in a mistrial due to a medical issue involving Mitskevych’s attorney. Mitskevych then obtained a new attorney, and the matter proceeded to a bench trial. Mitskevych claimed that throughout their short marriage to Northcutt, she was repeatedly abused, both emotionally and physically, by her husband. She specifically alleged that Northcutt attempted to rip off her wedding dress and rape her on the evening of their Las Vegas wedding. She also alleged that Northcutt punched a moving van windshield and broke it while she was in the vehicle in mid-June 2016. She further alleged that Northcutt physically abused her by throwing her on the floor and twisting her arms behind her back before raping her on July 19, 2016. Two police officers testified about the alleged abuses. Defense counsel argued that Mitskevych, a Ukrainian immigrant, was an immigration fraudster who only married Northcutt so that she could obtain a green card. Counsel contended that Mitskevych had applied for a visa under the Violence Against Women Act, which allows immigrants who are victims of domestic abuse to obtain green cards, and that Mitskevych had only accused Northcutt of abuse so that she could get that visa. Defense counsel supported his argument by referencing a Texas default decree, annulling the marriage between Northcutt and Mitskevych. The annulment came after a hearing that Mitskevych did not attend. In the default decree, the judge concluded that Northcutt had not committed domestic violence. Defense counsel also disputed Mitskevych’s story about her wedding night. Counsel presented Mitskevych’s wedding dress as evidence and noted that it was not ripped or torn. In addition, the defense’s expert engineer testified that it is impossible for a human punch to break a van windshield. In response, plaintiff’s counsel noted that the declaration referenced by the defense about the wedding dress having allegedly been torn or ripped had been translated by a Russian interpreter. According to plaintiff’s counsel, Mitskevych had clarified during her deposition that Northcutt never tore the wedding dress and that he only attempted to rip it off her. However, Mitskevych did claim that Northcutt ripped her underwear and the wedding robe she had changed into after the wedding., Mitskevych claimed that Northcutt’s alleged abuse caused her emotional distress. She started receiving therapy in August 2016, and multiple doctors, including her family therapist, diagnosed her with depression and post-traumatic stress disorder. Her treatment also included Eye Movement Desensitization and Reprocessing (EMDR) therapy, which is an integrative psychotherapy approach that has been proven effective for the treatment of trauma. Mitskevych claimed that she did not have depression or other psychological issues prior to marrying Northcutt, but that now she suffers from continued neurological problems, headaches, panic attacks and anxiety as a result of her PTSD. Defense counsel argued that the family therapist did not have a Ph.D. and was therefore not qualified to diagnose Mitskevych’s alleged illnesses. The defense’s own expert forensic psychologist maintained that Mitskevych did not have PTSD and that Mitskevych’s depression was a longstanding issue. Defense counsel further attacked Mitskevych’s credibility by arguing that Mitskevych used the California Victim Compensation Board to fund her medical treatment. Counsel noted that while CalVCB is intended to help victims of violent crimes, Northcutt was not charged with any crimes involving his relationship with Mitskevych. In response, Mitskevych maintained that she never told the CalVCB that there was a criminal case against Northcutt, and her doctor similarly testified that CalVCB knew there was no criminal case involving Northcutt when it approved Mitskevych’s free therapy.
COURT
Superior Court of San Diego County, San Diego, CA

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