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Mar 27, - Prosecutors typically argue that the insanity claim is a ruse invented after “This shows that even if they were mentally ill, they still understood.
Table of contents
- Insanity defense
- SC dad facing death penalty for killing 5 kids to argue insanity | WCIV
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- Suspect pleads insane in murder of Kevin Bacon
During the two periods of custody, five medical professionals saw him but they did not deem him acutely unwell and a full mental health assessment did not take place. The police consulted the Crown Prosecution Service over the attack on the farmer but the decision was made that there was not yet enough evidence for him to be charged. Lewis-Ranwell was released on bail at 9. By He stopped at the terraced house where Payne lived and read a note on the door saying the occupant was an year-old man. Lewis-Ranwell deludedly believed the pensioner had kidnapped a girl 25 years before and was keeping her in his cellar.
He went in and bludgeoned Payne to death with a hammer. Less than three hours later, Lewis-Ranwell was in the St Thomas area of the city outside the home of the Carter brothers. He took up a spade from the garden, went into the house and beat both brothers to death with the tool, wrongly believing they had been involved in child abuse and torture. After the attacks, Lewis-Ranwell slept rough and at 5am on Monday 11 February he carried out a violent but non-fatal attack on a hotel night porter.
In fact, it happened in the case of another young man accused of a brutal and seemingly senseless crime.
Insanity defense
Joe Valentine Romero was just seventeen when he was arrested in for the gory stabbing death of George Turner, the year-old former mayor of Walsenburg, a small town in southern Colorado. Investigators determined that in the summer of , someone entered Turner's house as he was taking an afternoon nap, slit his throat and stabbed him more than a dozen times.
Turner's body was found in a closet. At first, the police were stymied. Nothing of value had been taken from Turner's house, there were no signs of forcible entry and there seemed to be no motive for anyone to kill the frail old man. Former prosecutor Cathy Mullens remembers that investigators chased down several leads before a local police detective suggested taking a closer look at Joey Romero. He belonged to a group of teenagers who hung out at a house down the alley from Turner, and the detective knew Romero to be a withdrawn kid who walked around town listening to music on his headphones.
His favorite band, Mullens recalls, was the horrorcore hip-hop duo Insane Clown Posse. The detective told Mullens and the other investigators that she'd run into Romero a few days after Turner's murder and that his demeanor had changed; he seemed more confident, and he even waved at her, which he'd never done before.
SC dad facing death penalty for killing 5 kids to argue insanity | WCIV
A few days after that, however, Romero suffered a mental-health episode and was briefly hospitalized. Several months later, DNA tests conducted on the crime scene revealed that blood found in Turner's sink contained a mixture of his blood and Romero's blood. Given the facts of the case, Downs's first move was to hire a psychiatrist to evaluate Romero.
But the doctor discovered a problem, one that Downs already suspected: Romero was so mentally ill that he didn't understand what was happening or that he'd been charged with murder. Downs said he was reluctant to raise the issue of his client's competency because he knew it would result in Romero's being sent to the state hospital for an evaluation by the doctors there. He was worried that the state psychiatrists would ask Romero about the facts of the case, which they are allowed to do.
At trial, prosecutors can use new evidence obtained during a mental examination to rebut evidence presented by the defense. But the psychiatrist that Downs hired believed it "was such an open-and-shut case that it wouldn't hurt," Downs says. He was right: When the case finally went to trial before a judge in , Romero was found not guilty by reason of insanity and sentenced to the state hospital.
Mullens, who retired four years ago, wasn't happy with the outcome — and neither was Turner's family. I think that a person who commits a crime like this should be held responsible. The Holmes case appears to be headed for a jury trial. Judge Samour has laid out plans to summon 6, prospective jurors, and both sides have submitted questions to be included on a jury questionnaire. The jury box in Samour's courtroom was recently expanded to fit 24 chairs — seating enough for twelve jurors and twelve alternates.
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Whether to try an insanity case before a jury is a tricky decision for the attorneys involved, says former Denver District Court judge Christina Habas. In her nine years on the bench, she oversaw two first-degree-murder insanity cases.
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One resulted in a jury trial and the other didn't. The case that wound up before a jury ended with a guilty verdict and a life sentence for the defendant. Habas is not directly involved in the criminal case against Holmes, but she is representing several victims in a civil lawsuit against the owner of the Aurora theater. That's especially true given the disparity in punishment, she adds. The two cases that Habas oversaw both involved nineteen-year-olds killing complete strangers for seemingly no reason.
But the similarities end there. The first case began in March , when Amber Torrez was arrested for murdering an Ethiopian cab driver named Masfin Gezahan. According to news accounts, when the cops arrived at the scene, they found Torrez nearby; she had blood on her clothes and was trying to hide a knife in her jacket pocket. A month and a half later, she picked up a second murder charge in the killing of John Hand, the founder of Colorado Free University, who had been murdered the day before Gezahan.
Police suspected the crimes were linked because of the way the victims died: Hand was stabbed thirty times and Gezahan was stabbed 39 times. When investigators found Torrez's blood in Hand's apartment and on the sidewalk — and realized that she'd used his credit card at a convenience store — she was charged with his murder, too. Early on, Torrez asked the judge for permission to fire her public defender and skip straight to sentencing. Instead, she was ordered to undergo a competency evaluation. Torrez told the psychiatrist performing the evaluation that she was an assassin hired by the U.
She believed the murders of Hand and Gezahan were sanctioned by the government. Although Torrez suffered from delusions, Habas found that she understood what was going on and was competent to proceed. Throughout the case, Torrez repeatedly told Habas that she wanted to plead guilty and receive two life sentences. Torrez's public defenders thought a plea of not guilty by reason of insanity was more appropriate, and to help Habas decide whether the attorneys could enter an insanity plea against their client's wishes, she ordered Torrez to undergo a second evaluation to determine if she was insane when she fatally stabbed the two men.
A psychiatrist at the state hospital found that Torrez had indeed been insane, and Habas entered a plea of not guilty by reason of insanity. A second sanity assessment returned the same result. Torrez told the psychiatrists that she was on a mission to kill robbers, rapists, prostitutes and johns.
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She said she murdered Hand because he tried to pay her for sex and Gezahan because he picked her up in his cab and asked if she wanted to "make some money. It was that last statement that gave veteran prosecutor Bonnie Benedetti pause. Although all of the psychiatrists said Torrez was insane, Benedetti thought otherwise. Since there were no facts in dispute — just opinions as to whether Torrez was insane — Benedetti agreed to forgo a jury trial and hold a trial before Habas instead. At that trial in August , "I argued that she was sane," Benedetti says.
But two years later, Benedetti was once again in Habas's courtroom prosecuting a first-degree-murder insanity case — one that ended much differently.
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The defendant, nineteen-year-old Ahmad Clewis-Green, was accused of killing a prostitute. Afterward, when she asked for the money, Clewis-Green beat her to death with a lead pipe. At some point, he wrote the phrases "I use this girl to awake" and "blood dragon" on Pardue's body in marker and then wrapped her body in a plastic shower curtain and stuffed it in a barrel. Clewis-Green used his skateboard to wheel the barrel to an alley a few blocks from his apartment, where it was found by a maintenance worker.
Clewis-Green confessed the murder to his mother, who didn't take him seriously, according to an appeal currently pending that Clewis-Green filed in The teenager had a long history of mental illness, starting when he was very young. By the time of the murder, he'd been hospitalized ten times; according to the appeal, he sometimes heard voices telling him to kill and saw "movies playing in his head. But when she saw news reports of a dead woman found in a barrel, she called the police and told them her son did it.
Clewis-Green offered a full confession, reportedly telling the police that he decided to murder a person after he killed his cat and liked the way it felt.
Habas remembers that Clewis-Green told the cops he "went hunting. Upon learning of his extensive mental-health history — he'd been diagnosed with bipolar disorder, antisocial personality disorder and paranoia — his public defender, Phelicia Kossie-Butler, was convinced that he was not guilty by reason of insanity. But two evaluations done by state psychiatrists concluded that while Clewis-Green was mentally ill, he wasn't insane when he killed Pardue.
Instead, the psychiatrists opined that Clewis-Green set out to murder somebody that day. However, Kossie-Butler doesn't think the state psychiatrists did their homework. One admitted that he didn't even watch Clewis-Green's taped confession, in which the teenager vacillated between speaking softly, sobbing and laughing. The video, Kossie-Butler says, is "horrific.
He's articulate enough that you can tell that he is tormented. The doctor who testified said, 'No, I didn't need to look at any of [his medical history]. I talked to him for a couple hours, and that's it. So Kossie-Butler hired a psychiatrist of her own. But by that time, she says, more than a year had passed since Clewis-Green was arrested, and the doctor was unable to say for sure whether he had been insane when he killed Pardue.
Given Clewis-Green's history, however, the psychiatrist told the defense team that it was a definite possibility. Prosecutors are often skeptical of defense experts who say a defendant was insane — especially when they're hired after the state psychiatrist has found the opposite. The man, Edward Timothy Romero, was found guilty. Maybe that sixth or seventh doctor says he's insane — that's the one they use.
In the Clewis-Green case, his public defenders insisted on a trial before a jury. Kossie-Butler says she prefers a jury to a judge because she thinks jurors, who have not heard all of the pretrial motions, are more impartial than a judge who has.
At his trial in July , his attorneys emphasized his long record of mental illness and bizarre behavior. But "it came down to a battle of the experts," Kossie-Butler recalls. In the end, she believes that something one of those experts said may have unduly influenced the jury. According to the appeal, which is being handled by a different attorney, the jurors asked one of the psychiatrists who testified for the prosecution if "insanity" could be cured at the state hospital with medication. The doctor said that although he didn't have the statistics in front of him, "I would say easily 85 percent of the people that are committed there like that do ultimately get discharged back in the community.
The jury found Clewis-Green sane and guilty. He was sentenced to life in prison. Afterward, some of the jurors spoke with Kossie-Butler. We don't want him to ever get out,'" she says.