Bismarck Tribune - Bismarck News - Woman sentenced for biting off an ear

Woman sentenced for biting off an ear

Feb 15, 2008 - 09:05:09 CST

By JENNY MICHAEL
Bismarck Tribune

A woman has been sentenced to serve three years in prison for biting off the ear of an off-duty Canadian police officer.

South Central District Judge Sonna Anderson sentenced Patricia Reiss to five years with two years suspended and three years of supervised probation on Class Cfelony counts of aggravated assault and preventing arrest.

The two sentences will be served at the same time. Reiss pleaded guilty Oct. 17 to the two charges.

According to a Bismarck police report from the Sept. 12 incident, Reiss bit off about half of a 37-year-old woman's ear when the woman and others tried to help her.

The 37-year-old woman, an off-duty officer from Winnipeg, Manitoba, was walking with a group from one bar to another when they saw Reiss get out of a vehicle. Reiss was screaming that she had been assaulted and choked.

Members of the group who approached Reiss said she swung wildly at them. The off-duty officer attempted to calm Reiss, who then charged her and bit her ear. Police photos show about half the officer's right ear was torn off. The victim was taken to a Bismarck hospital, where surgeons were reportedly unable to reattach the ear.

Police said Reiss resisted being arrested for the assault.

Burleigh County Assistant State's Attorney Lloyd Suhr said the victim has to undergo invasive surgery that involves rebuilding her ear with cartilage from her rib cage.

"She has to deal with looking in the mirror every day and seeing this disfigurement," Suhr said, noting that the woman has endured professional and personal hardships since the incident.

Suhr said the assault was one of the most "senseless, violent" attacks he has seen as a prosecutor. He asked Anderson to sentence Reiss to serve at least three years in prison on each count, with sentences to run consecutively.

Suhr said Reiss's problems, which include post-traumatic stress disorder, should not mitigate her sentence.

"Let's not let this one be about the defendant," he said.

Steve Balaban, Reiss's appointed defense attorney, said he understood where Suhr was coming from, but said Reiss's problems should be taken into consideration. He said she has been in treatment and getting help for her problems since she was released from jail on bond. He said putting her in jail would not help her situation.

Balaban asked Anderson to give Reiss a suspended sentence with credit for time served. He said she has expressed remorse for her actions.

"She wouldn't wish that on anybody," he said of the victim's problems.

Reiss, crying, said she takes responsibility for her actions but believes prison will not help her.

"Putting me in prison is going to cut me off from the programs that are helping me," she said.

Anderson told Reiss the victim did nothing to deserve her injuries.

"You put people at risk when you can't control your behavior," the judge said.

Anderson ordered Reiss to pay $534.66 in restitution to the victim for loss of a diamond earring in the attack. She ordered Reiss taken into custody to begin serving her sentence immediately.

"This was a senseless crime," Anderson said. "There are no winners; there are only losers in this case."

(Reach reporter Jenny Michael at 250-8225 or jenny.michael@bismarcktribune.com.)

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Comments

Online Editor wrote on Feb 21, 2008 10:39 AM:

" To BILL G-A-R-R: Readers set what stories end up on the most commented list based on the number of comments in the past seven days - that tally includes deleted comments. Give me a call and come in sometime, I'll show you how the entire system works. There is no conspiracy - we are not organized enough to perpetuate one. "

BILL G-A-R-R wrote on Feb 20, 2008 8:45 PM:

" EXTRA! EXTRA ! READ ALL ABOUT IT! The Bismarck tribune will no longer carry any news that offends its right wing leaning owners! Did you know Obama won his tenth straight election? Did you know that a bunch of pastey faced white republicans would rather put "ear biting" and "lost bag of pot'' stories in the top comment section? Where are the political stories? What is going on here at the Bismarck tribune? Where is CW4RETIRED? JIMS? VETTER? RASMUS? VOR?DEB?TATER SALAD?GG?MOUTH OF THE SOUTH? POETICJUSTICE?REX? WHAT IS GOING ON?????????? "

My Opinion wrote on Feb 20, 2008 6:58 PM:

" Rebecca - please tell me what code in the NDCC where "rape" is cited. In 12.1.20 there is no use of the word rape and I cannot find the specific NDCC statutes that you are referring to. Please post them so I may become better education. Thank you. "

My Opinion wrote on Feb 20, 2008 6:45 PM:

" From the AG's registry - Raymond Uhlenkamp - 2 counts gross sexual imposition - sentence 1 year all but 90 days suspended. Seth Hawes - gross sexual imposition - sentence 18 months Suspended for 3 years. Jermaine Medlock - Sexual Assault - Sentence 1 year, 1 year suspended, 2 years supervisory probation. Brynner Rennecke - 2 counts gross sexual imposition. First sentence - 1 year, second sentence 6 months. Gino Aker - Sexual Assault. C Felony Sentence - 275 DYS, 90 DYS SUSP FOR 1 YRS~ 144 DYS CREDITED. Joseph Hanson - Criminal Sexual Conduct (2nd degree) (a 10 year old) Sentence 27 months (ok more than a year) - but a 10 year old?

Here's a really good one Donald Henderson - 2 counts of Gross Sexual Imposition (6 and 7 year olds. First sentence 36 months 34 months suspended (i.e., 2 months total). Second sentence - 3 years with 2 years 335 days suspended - (wow a whole 30 days) FOR 6 AND 7 YERAS OLDS.

Need I go on? "

JP wrote on Feb 18, 2008 11:38 PM:

" Just a random perspective- How many of you have begged for longer sentences when someone has been convicted of a DUI? I have read a number of times that a person should be locked up for years because they "might" get out and kill someone if they drink and drive again. Yet this lady bites off an ear and, in many of your minds, no time should be served. How is alcohol addiction different from mental illness? The point is this... Society has standards that a person is supposed to live up to (laws) and if a persons actions do not meet those standards they will be punished... Actions have consequences!! It is time for everyone to own up and take responisbilty for his/her actions. "

to-to sn68 and the rest wrote on Feb 18, 2008 5:28 PM:

" I don't need to do research as I am involved in the criminal justice system. Again, cite one case where a person has "raped a child" and gotten a year or less. Conclusory statements without facts are nothing. Name one defendant, one victim, one case - you can't because it hasn't happened. "

REX wrote on Feb 18, 2008 10:47 AM:

" No Common Sense, I disagree. In our society we are not responsible for ANYTHING we do. It is ALWAYS someone else's fault. We are ALL victims of some UNFAIR situation. It's the seriousness of the charge not the provability. "

Rebecca wrote on Feb 15, 2008 5:06 PM:

" To My Opinion: Though I think sexual predators deserve stricter sentencing, rape and gross sexual imposition are not the same thing. Gross sexual imposition is a broad term that refers to any unwanted sexual contact, which could mean anything from inappropriate grabbing to forced sexual assault (thus why some may only get a year). Rape is legally defined as unlawful sexual intercourse or intrusion, meaning that the actual sex act occurred without consent. If a person is convicted of gross sexual imposition, that is what it will say on their record. If they are convicted of rape, that is what their record will indicate. And there are plenty of people who were convicted of GSI that served 5-10yr sentences. I only found a couple where it was actual rape and they served 10-30 yrs which is much more than this woman is serving.

"

No Common Sense wrote on Feb 15, 2008 3:16 PM:

" Remember, in today's society, we are Guilty until proven Guilty.
We'll never know the full truth on this one..... "

My Opinion wrote on Feb 15, 2008 2:32 PM:

" To "To sn68 & the Rest": I suggest you go look at hte ND Attorney General's web page and check out the sex offenders and their sentences. Many of the sex offenders who have been found guilty of "Gross Sexual Imposition" (i.e., rape) are given way less than this woman. Quite a few didn't even serve a year.

To others: this woman should have been sent for mental health treatment rather than prison. There is such a thing as not guity by reason of mental defect.

And, I still question what the responsibility of the off-duty officer might be. It seems to me a little strange that this woman would simply run up to someone and bite off their ear without so much as a by your leave. Too many questions in this case - that will probably never be answered. "

Lock her up! wrote on Feb 15, 2008 7:22 AM:

" If this woman wants to act like an animal, then she will suffer the consequences of her action and she has been held to that standard in a court of law.

It's obvious she's suffering from some affliction, but you don't go out and bite people out of rage, fear or whatever her problem was.

If she suffers from a mental disease and cannot control herself, then she must be locked up away from everyone else. If you are prescribed medication for a mental affliction, then you must take it and try to avoid conflict with others.

I suffer from PTSD, and it's all in the way that you take care of yourself and manage the disease. I don't think I bite anyone to date because of it.

"

NdOkie wrote on Feb 15, 2008 7:01 AM:

" When a person has PTSD, added stress--sometimes small things that wouldn't bother a person without PTSD--can trigger flashbacks, extreme panic and a fight to survive that unleashes incredible fierceness that is normally out of character for the person. It takes a lot of therapy, time and practice to be able to manage PTSD, and even then one can't always predict the manageability when faced with extreme stress. Furthermore, people with PTSD commonly will repeat risky behavior unconsiously; they just don't realize that they are putting themselves at risk. As for assaults and rapes, most of the are committed not by strangers, but by friends, acquaintences, and family members, including husbands. "

kat wrote on Feb 14, 2008 10:12 PM:

" To all of You people making excuses for this "traumatized" biter - she needs to be held accountable for her actions. Yes, maybe she was assaulted and choked but maybe she needs to be a little more careful who she rides in a car with or hangs out with. I'm tired of people using "mental illness" as an excuse. Nobody's life is a bed of roses, many people suffer from mental disorders and function properly in society. Why do most of You automatically choose her side and make excuses for her. What about the poor lady that tried to help her. Well, since she has been traumatized now maybe she should bite someones body parts off, too so the vicious cycle can continue!! "

eddifiedtavous wrote on Feb 14, 2008 3:07 PM:

" No, I'm saying that anyone, anyone who has been assaulted and choked would have a difficult time controlling their behavior, especially if they already have a mental illness such as PTSD.

If you were for whatever reason suffering from some stress disorder and you happened to get assaulted and choked, would you not have a hard time controlling your behavior? "

to-to sn68 & the rest wrote on Feb 14, 2008 12:26 PM:

" you have got to be kidding it happens all the time with pervs only getting 1 year or less then they are on the streets do the research yourself "

To sn68 and the Rest wrote on Feb 14, 2008 11:01 AM:

" To sn68: Cite one case where a person in this judicial district has "raped a child" and gotten less time than this defendant.

To those concerned about mentally ill persons being sent to prison and not to treatment, you need to focus your wrath on the legislature, not the judiciary or prosecutors. There is simply no facility available in North Dakota to house and treat violently mentally ill persons. "

To eddie wrote on Feb 14, 2008 10:35 AM:

" Whoa- are you saying women cant control their behavior under stress. Do ya still think women should be president "

sn68 wrote on Feb 14, 2008 8:15 AM:

" No one is really saying she has a mental illness, but according to the story this woman was in the process of being assaulted. Without knowing any more, it's easy to believe she was in a state of fighting for her life. I also don't think anyone is saying she should not get any punishment, but when you see someone going to jail for longer than someone who rapes a child, it's nice to know the whole story. "

Federation Commander wrote on Feb 14, 2008 8:08 AM:

" I will be most interested to see if "knows" has the same attitude when it becomes someone he or she loves that has a mental illness and is facing criminal charges as a result of his or her symptoms. The hallmark of a civilized society is how the mentally ill and disadvantaged are treated--do the crime do the time might be a catchy rhyme for a TV show--but it is a poor verse for a yardstick of the social contract. There is no justice in the criminal justice system--just us. "

someone who knows wrote on Feb 13, 2008 5:56 PM:

" Don't worry about this women not recieving treatment for her "mental illness" the DOCR provides more then adequate services most likely better and more extensive then Reiss would have recieved on the street. I'm sorry but if someone is hysterical and crying she has been assulted the officer was merely trying to offer her assistance. I don't remember when trying to have some humanity towards your fellow man became an invitation to public critism and bodliy disfigurement. Plus for all of you who say well she has a "mental illness" and needs help not punishment. What if it were you whose ear was biten off. Under this idea does everyone who a claims mental illness get a "get out of jail free card" because honestly there are some folks with serious mentally illness who need to be locked up (ie. murders, rapists, ect.). And I believe honestly do the crime do the time.

"

Accountability wrote on Feb 13, 2008 2:58 PM:

" This makes no sense to me. I am so sick of everyone using a "mental" disorder for reasoning for not controling one's behaviors. Its a wonder our children in this community never take any accountability for their actions - the adults don't have any better reasoning - Just because you have ptsd does not make it "ok" to attack for ANY reason - specially if you are calling for help. Have some ACCOUNTABILITY for your actions - reason regardless of situation was it more my fault or not - if the off duty officeer would have walked away would the "victim" been better off? Who konhws - we weren't there!! "

To Online Editor wrote on Feb 13, 2008 2:32 PM:

" There truly is more to the story here. Was the person who allegedly assaulted Reiss charged/tried/convicted? Please, do tell. It does make a difference as to her state of mind. As long as we are going to be allowed to comment on this story, we should know. "

eddifiedtavous wrote on Feb 13, 2008 12:06 PM:

" This woman claims of being assaulted and choked. How can you control your behavior after something that mind-altering? "

start boxing wrote on Feb 13, 2008 11:53 AM:

" I thought biting off someone's ear only happened in the boxing ring? Maybe this person needs to get into the ring with Mike Tyson. "

My Opinion wrote on Feb 13, 2008 10:06 AM:

" A perfect example of what's wrong with our Judicial System in ND. We don't treat people with mental illnesses we lock them up. Question; When approaching an injured "animal" one must be careful of being bitten - it's a natural response to protect. I'll bet this was all that happened and the off-duty officer more than likely was not careful enough. The woman, true, did bite the ear, but I'm betting there's a lot more to this story than meets the eye. "

Federation Commander wrote on Feb 13, 2008 8:56 AM:

" Once again, it appears that mental illness is punished, rather than treated, in North Dakota. If the bench is goiing to adopt such a pro-prosecution stance, perhaps the defense bar has to get more aggressive in asserting the various mental health defenses. Three (3) years out of five (5)--there should have been a trial and she should have taken her chances with a jury and a pyschologist. "

incorrect wrote on Feb 13, 2008 4:22 AM:

" Quote - "He said the officers' actions were an aberration."

Not true. Minding your own business is a great way to avoid such situations. Also, it is difficult to believe someone can "charge you" and latch onto your ear with their teeth. Getting your teeth on someone's ear even when they are in a bear hug takes a few tries. More likely, is a scenario that involves wrestling on the ground. Yep, I'm running a dojo of truth. "

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