04-06-2013, 09:04 PM
Peter Lemkin Wrote:Moments ago, the Judge allowed him to plead not guilty by reason of insanity......any lawyer want to tell us what this portends...I think not good for the truth of what actually happened to ever come out!.....Well I will not pretend to know how this works in CO or in a case of this magnatude. Insanity pleas are rare and often do not work.
I actually had one a few years ago. My client had gone into the home of a cop and took a bath, made some calls, went outback to try to dig up her dead baby.
She truly was insane at the time she entered the home. She lacked any intent to commit a crime.
Part one of the defense was to have her examined for competency to stand trial. She was found not competent.
Then she was sent off to a hospital and put on meds. Eventually she regained her competency.
Then she was re-examined for insanity at the time of the event. The doctor agreed that she had not been sane.
It took a lot of work but I got the case dismissed. (Never had to have a trial). JUst had to prove to the elected DA that she was in a safe enviornment, on her meds, etc.
Then there was the trial of the mom in TX who drowned all her kids. Initally she was found guilty.
But the DA presented evidence that was false, stating she had gotten the idea from a Law and Order episode.
However that episode was shown after her trial. So her conviction was overturned and the case was remanded back to have a second trial.
That case proceeded to trial and her attorney was able to convince the jurors that she had been insane at the time, and she was committed to a state hospital.
I suspect that the process of the TX mom will be similar to that of the defendant in CO. That an attorney will have to convince a jury that the man did not know that his conduct was wrong.
I suspect also that this will be one very tough sell. Most insanity defenses fail.
Dawn