Clash between seniors in ticket line leaves one

[EdwardKnoxII 0]

http://www.courttv.com/trials/schuss/background_ctv.html

 

Clash between seniors in ticket line leaves one dead, the other on trial

 

By Emanuella Grinberg

Court TV

 

Seymour Schuss and Irving Rosenberg had a few things in common. Both were seniors, both were South Floridians originally from New York, and both enjoyed going to the movies with their wives.

 

But Schuss, 69, and Rosenberg, 74, never knew each other. And when they met on Nov. 8, 2002, it turned out badly for both men.

 

Rosenberg died as a result of the encounter, and Schuss now faces 15 years in prison if prosecutors can prove he is responsible. Some in the media have dubbed it the "Grumpy Old Men" case, a reference to the motion picture about a pair of combative seniors.

 

Opening statements in Schuss' manslaughter trial are scheduled for Thursday in Fort Lauderdale, about 10 miles east of the discount movie theater in Tamarac, Florida, where Schuss allegedly assaulted Rosenberg.

 

Schuss and his wife, Yvonne, were in line to buy tickets behind Rosenberg, a retired insurance salesman who was purchasing tickets for himself, wife, Myra, and three other couples from their condominium complex. They were hoping to attend the 7:10 showing of "Never Again."

 

As Rosenberg fumbled to get his money together, Yvonne Schuss reportedly grew impatient and told Rosenberg to hurry up.

 

The situation escalated quickly as Rosenberg allegedly told Yvonne Schuss to "shut up." Seymour Schuss allegedly perceived the comment as threatening and lunged toward Rosenberg. Several witnesses for the prosecution are expected testify that they held Schuss back, but he ultimately landed a punch on Rosenberg's chin that knocked him to the ground and later into a coma.

 

Schuss was initially charged with felony battery, but Broward County prosecutors upgraded the charge to manslaughter after Rosenberg died in a hospital from a brain hemorrhage resulting from the impact.

 

Similar paths

 

Both defendant and victim were Big Apple transplants who moved to the Fort Lauderdale area to settle down for their twilight years among the palm trees and white, sandy beaches.

 

Friends and neighbors told the local media that Rosenberg, a father of three and grandfather of three, was a "Johnny on the spot" and a "good Samaritan" who was always willing and able to help out others in the Sunrise Lakes Phase IV retirement community.

 

An active man who bowled three times a week, worked out with weights and swam every day, Rosenberg was the one getting the tickets that day because he was in better shape than his friends, according to Cindy Schachter, Rosenberg's daughter.

 

Schuss, a father of three and grandfather of six, was released on $10,000 bond after charges were filed for the second-degree felony. The military veteran, who has no criminal record, has been referring all calls to Fort Lauderdale defense attorney David Sale.

 

"Mr. Schuss is a decent, non-violent man who's terribly broken up," Sale told the Associated Press. "Two families have really been destroyed as a result of this unfortunate incident."

 

The defense case

 

Defense attorneys Sale and Jayne Weintraub are expected to argue that the death was an accident resulting from Schuss' misjudgment of the situation. They argue that Schuss was simply an over-protective husband acting in defense of his wife, who had just undergone reconstructive surgery following breast cancer.

 

According to earlier press reports, Schuss suffers from partial blindness due to macular degeneration, which the prosecution asserts caused him to interpret Rosenberg's flailing arms as an attack on his wife. The defense reportedly hopes to bring in a video tape to demonstrate how the world appears through Schuss' impaired vision.

 

The prosecution's case

 

The prosecution contends the death was not accidental, and Rosenberg was the victim of an unprovoked attack.

 

Prosecutor Jeff Marcus is expected to rely on eyewitness testimony of several bystanders, who are expected to tell jurors that the defendant continued to act aggressively even after they tried to restrain him.

 

Schuss reportedly rejected a plea offer agreed to by Rosenberg's family calling for Schuss to spend a year in jail followed by two years' house arrest.

 

The Rosenbergs have also filed civil suits against the Schusses and the movie theater, claiming the cinema had inadequate security despite knowing its largely senior clientele could become unruly and combative while waiting in line.

 

The trial will be broadcast live on Court TV.

[NoCalMike 0]

[kkktookmybabyaway 0]

Oh man, there are so many softballs just waiting to be hit out of the park on this one.

 

But instead I'm going to go a different avenue.

 

As Rosenberg fumbled to get his money together, Yvonne Schuss reportedly grew impatient and told Rosenberg to hurry up.

 

Being a former movie cashier, I can't tell you how many times a line has been held up because some putz didn't have their money ready. Let this be a lesson to all you procrastinating patrons...