‘Scarsdale Diet’ Slayer Loses ‘Emotional Distress’ Retrial Plea

A federal judge denied a request Friday that could have led to a new trial for Jean Harris, the headmistress convicted of murdering Dr. Herman Tarnower of “Scarsdale Diet” fame.

Harris had argued that her trial lawyer was ineffective because he failed to raise “extreme emotional distress” as a possible defense, deciding instead to try for a complete acquittal.

But U.S. District Judge Miriam Cedarbaum said the lawyer, Joel Aurnou, “made a tactical judgment--with his client--which the client now bitterly regrets.” But that alone does not justify a new trial, she ruled.

Harris’ new attorney, Leon Friedman, said he expects to appeal.

If the jury had accepted that Harris was under “extreme emotional distress” in 1980 when she killed Tarnower, it could have convicted her of the lesser charge of manslaughter.

That carries a maximum sentence of 8 1/3 to 25 years in prison. Instead, Harris, 69, was convicted of murder and sentenced in March, 1981, to 15 years to life.

She has maintained she meant to kill herself because Tarnower, her longtime friend and lover, had taken up with a younger woman. Harris wound up shooting Tarnower four times and said it was an accident.

The former director of an exclusive Virginia girls’ school, Harris has been twice denied clemency by Gov. Mario Cuomo.