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Men's Versions Of Woman's Beating Differ

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By TODD LESKANIC, The Tampa Tribune

Published: November 1, 2007

NEW PORT RICHEY - Only three people witnessed the severe beating of Joanna Herman on Dec. 11, 2004.

Other than Herman herself, Lawrence Tener and Steven Nicholson blame each other for the injuries that sent Herman to the hospital, though only Tener is on trial for aggravated battery.

Testimony in his trial began Wednesday in Pasco-Pinellas Circuit Court.

Nicholson, Tener's roommate at the time and the first witness called by the state, testified that the night of drinking and sex came to an abrupt halt when Tener punched Herman in the head.

'I believe he had my brass knuckles,' Nicholson said.

'So, once he hits her, what happens next?' Assistant State Attorney Mary Handsel asked.

'She falls down, and he goes over the top of her and starts hitting her again,' Nicholson said. 'I go and try to stop him a little bit, and I got hit in the back of the head and fell on top of her and got blood all over me.'

Tener, 25, has pleaded not guilty. He faces 15 years in prison should the jury of six find him guilty.

In his opening statement Wednesday, Assistant Public Defender Dean Livermore told jurors it was Nicholson who attacked Herman.

'The only person who had any real motive or reason to inflict this beating is Steven Nicholson,' Livermore said. 'He's the first one talked to by police, and he names Lawrence Tener instead of admitting his own involvement.'

What the panel won't hear is that Tener is awaiting trial on an unrelated murder charge. That charge stems from the death of 43-year-old Tammy Lee Bowles, a mother of four whose body was buried on Tener's Linwood Street property.

Investigators unearthed Bowles' body Dec. 18, 2004, about six weeks after she disappeared and a week after the attack on Herman. Should prosecutors get a conviction in this week's case, they can use it to bolster their contention that Tener deserves the death penalty if he is convicted of first-degree murder in Bowles' slaying.

No date has been set for the murder trial.

Nicholson, 26, is serving a two-year prison sentence in Pennsylvania for a probation violation. He said his decision to testify against Tener will delay his release.

Tener and Nicholson were out drinking the night of the Herman attack and decided to go to The Edge Bar in Moon Lake. Nicholson testified Herman was in the parking lot as they arrived because she had been kicked out of the bar.

Herman was visiting from New York and had never met either man.

At some point, Tener and Herman began kissing in the parking lot, Nicholson said.

The trio decided to continue the party at Tener's mobile home in Moon Lake. When they got there, Herman became more interested in Nicholson. Nicholson testified that Tener seemed angry and started pacing.

Tener asked for $5 and left in Nicholson's car, after which, Nicholson testified, he and Herman started having sex.

A few minutes later, Tener returned, still in a huff, and muttered something about Herman stealing something from him, Nicholson said.

'She was standing by the love seat, getting ready to get her pants on,' Nicholson said. 'Larry comes in, and he walks behind me to get something off the coffee table and starts talking to me. Next thing I know, he cold-cocks her right in the face.'

In his cross-examination, Livermore asked Nicholson why he initially gave a written statement to investigators saying Tener used a club to beat Herman.

'I wasn't sober when I wrote that,' Nicholson said.

At one point, Nicholson told detectives Tener had used the same weapon, which he said was a fiberglass ax handle, to attack both Herman and Bowles, according to court records.

The prosecution is expected to put Herman on the stand today.

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

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