AUBURN - An Auburn man was sentenced in Cayuga County Court Tuesday to six years in prison for fracturing his girlfriend's ribs when he punched her on Jan. 26, 2007.

Michael Milczakowskyj, 50, of 13 Canoga St., Auburn, was convicted by a jury on April 18 of felony second-degree assault and second-degree harassment, a violation.

The jury acquitted Milczakowskyj of the felony crimes of first-degree reckless endangerment, third-degree criminal possession of a weapon, first-degree unlawful imprisonment, and second-degree assault.

During the sentencing, Dennis Sedor, Milczakowskyj's attorney, moved to have the conviction dismissed on the grounds that the jury was prejudiced by the testimony of an expert witness and that the victim did not receive life threatening or crippling injuries in accordance to the law for an assault conviction.

Courts have rarely allowed expert testimony on battered woman syndrome because it unfairly biases the jury, Sedor said.

Battered woman syndrome refers to psychological and behavioral symptoms such as a woman believing the abuse was her fault, the belief that an escape from the abuse is impossible or living in a constant state of fear as a result of the abuse.

Cayuga County District Attorney Jon Budelmann said Catherine Mazzotta, executive director for Alternatives for Battered Women in Rochester, was called to the stand to talk about why women, such as the victim in Milczakowskyj's trial, wait to come forward about abuse and not testify on the syndrome.

But Sedor said that testimony automatically led into discussion on the syndrome and gave reasons to the jury for why the victim lied about the abuse after she and Milczakowskyj broke up.

“The prosecution improperly bolstered the credibility of its own witness,” Sedor said. “It's supposed to be up to the jury to decide the credibility of a witness, they are not supposed to be told what to believe. This will be a point when we appeal.”

Cayuga County Judge Mark Fandrich denied both motions and sentenced Milczakowskyj, who had four previous felony convictions, to six out of a maximum seven years in prison with five years post-release supervision.

Sedor, who pushed for the minimum sentence of three years, said it would be unfair to sentence Milczakowskyj to anything more.

“Unless we are going to send the message that even if you go to trial and a jury acquits you of most of the charges, we are going to throw the book at you, you can't sentence him to the maximum,” Sedor said.

Budelmann said anything less of the full sentence would be a disservice to the community and could endanger any future women who would associate with Milczakowskyj.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net