"It has never been done before, but if you change the gender, this is a textbook battered-woman's case," said Arthur Aidala, lawyer for accused killer John Pickett. Leventhal and the lawyers on the case have been struggling to come up with a new term to describe what Aidala says happened to Pickett.

"Battered-intimate-partner syndrome," "battered-spouse syndrome," and "battered-person syndrome" were all suggested. Leventhal said Aidala could call an expert on battered women and an expert on abuse in gay relationships as part of his defense case. Prosecutors argued against allowing expert testimony. Pickett, 32, stabbed live-in lover John Stagno to death in their Crown Heights apartment in December 1997 after a 10-month-long, highly abusive relationship. Lawyers for Pickett said Stagno slowly took over every part of Pickett's life and that by the time Pickett realized he needed help, he had no one to turn to.

Pickett's use of the "battered-spouse" defense has been bolstered by numerous calls and appeals for help from the New York Police Department. Aidala said that after one beating, Pickett called for police intervention, but when NYPD officers arrived "they just laughed at him."

"If he had been a woman, they would have arrested [Stagno] right there," the lawyer said.

The fatal confrontation came after Pickett told Stagno that he was tired of the unending abuse and was leaving. Aidala said Stagno charged at Pickett with a bottle, and that his client, who had picked up a kitchen knife for his protection, stabbed Stagno in the chest.

Aidala stressed that Pickett was completely isolated, his conversations monitored, and his movements and contacts with the outside world severely limited. "He is a black, HIV-positive, gay man who was getting abused," Aidala said. "Who was around to help him?"