Yesterday, his lawyer, Bryan A. Levitt, defended the judge's decision, saying Bollinger's original conviction for battery was unusual for a first-time offender who should have been given probation.
Noting that "the judiciary is under pressure to satisfy the public desire for blood," Levitt said "Mr. Weiner and I both feel Judge Bollinger treated him extremely conservatively" by first convicting him of battery.
Weiner's former wife, Robin L. Weiner, has declined to comment about the case.
Charles Weiner and his lawyer also blamed Robin Weiner for provoking him the day of the beating, which occurred after a long period of marital problems.
Although Charles Weiner was barred from their home by a restraining order, "he was lured to the marital home by Mrs. Weiner with the supposed reason that she was going to give away his dog if he didn't appear that morning," said Levitt.
Robin Weiner testified at the original trial that she wanted him to take the dog because it had tried to bite their daughter.
When Charles Weiner arrived, he found his gun collection outside the house, Levitt said, noting, "Even the most docile of individuals, if adequately provoked, will rise to a level of sufficient anger."
Yesterday Charles Weiner said, "If only I had the wisdom to have just walked away, instead of getting into an altercation. My emotions got the best of me."
Pub Date: 2/08/97