Franklin Square cop acquitted of murder-for-hire

A Nassau County jury acquitted Franklin Square native and former New York City police officer Anthony Battisti, who had been accused of hiring a hit man to kill his ex-wife in the midst of an ugly custody battle.

In January 2009, Timothy Gersbeck, a handyman, assaulted Battisti's ex-wife, Patricia Battisti, as she was walking near her home in Franklin Square. According to police, Gersbeck pushed Battisti toward her home before revealing a screwdriver and stabbing her in the neck. He then ran away and was caught a short time later in Rath Park.

She recovered from her injuries in a nearby hospital.

After his arrest, Gersbeck claimed that Battisti paid him $5,000 to murder her.

After an investigation into the matter, Battisti was arrested in September 2009.

Battisti's attorney, Stephen Scaring of Garden City, said both he and his client were thrilled with the outcome.

"We're very pleased with the acquittal, this case shouldn't have been brought in the first place," Scaring said. "When someone is accused of a serious crime like this, it tears their whole life apart."

Scaring said that one juror he spoke to said that with the exception of one person, the entire jury was ready to acquit Battisti after 15 minutes of deliberation.

"Their case collapsed under cross-examination," Scaring added. "The prosecution's main witness, Tim Gersbeck was, according to one of the jurors, someone they would never have believed."

Battisti, Scaring said, is anxious to put his life back together. He said the former police officer hasn't seen his children since the original assault on his ex-wife a year and a half ago.

A spokeswoman for the District Attorney's Office said that both detectives and prosecutors were disappointed by the lack of a conviction.

"The detectives worked hard putting together a strong case, as did our prosecutors," spokeswoman Carole Trottere said. "We are disappointed with the outcome, however, we accept the jury's verdict."

Gersbeck pleaded guilty to attempted murder and is awaiting sentencing. He faces up to eight years in prison.

Additional reporting by Matthew Bevilacqua.