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Mich. man faces torture charge in death

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Published: Sept. 7, 2010 at 1:31 PM

DETROIT, Sept. 7 (UPI) -- A defense lawyer for a Detroit man accused of torturing a woman says he will argue the charge does not meet the parameters required by Michigan law.

Domnick Sorise is the attorney for Peter Dabish, 24, charged with torture and first-degree murder in the death of Diana DeMayo, the Detroit Free Press reported Tuesday.

Prosecutors allege Dabish not only tortured DeMayo but also taunted and tormented her father, Edward DeMayo, with phone calls describing the assaults and his daughter's anguish.

In a court filing supporting the torture charge, assistant prosecutor Lisa Lindsey wrote of evidence of "a prolonged ordeal involving sadistic threats" of a sexual assault, followed by a "brutal beating" that killed DeMayo, 23, in March.

Sorise said the prosecution has not established premeditation and the charge should be reduced to second-degree murder or manslaughter and the torture charge thrown out.

Conviction under Michigan's torture law requires the intent to cause cruel or extreme mental or physical pain and suffering, the infliction of great bodily injury or severe mental pain, and that the victim is under physical control, the Free Press reported.

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