OH - Clermont County father lined up sons 3, 4, and 7, executed with rifle, mother injured trying to protect them, June 2023

[tlcya]

the benchmark in OH for insanity plea to succeed is that the perpetrator must not have known the difference between right and wrong and between reality versus fantasy.

(14) A person is "not guilty by reason of insanity" relative to a charge of an offense only if the person proves, in the manner specified in section 2901.05 of the Revised Code, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person's acts.
Section 2901.01 - Ohio Revised Code | Ohio Laws

How Does Ohio Handle Insanity?​

Ohio uses what is known in legal jargon as the M'Naghten Rule. Under ORC § 2901.01(A)(14), you are not guilty by reason of insanity if you can prove that you didn’t know, “as a result of a severe mental disease or defect, the wrongfulness of [your] actions.” (Let’s call “not guilty by reason of insanity “NGRI.”) You have to plead NGRI at arraignment, where the judge formally reads your charge in the courtroom. Obviously, a “severe mental disease or defect” brings up a lot of evidentiary issues. What counts as a “mental disease or defect?” And when is it considered “severe” enough?

First, you still have to prove through evidence and persuade the jury that there is a 50.1% chance that you’re insane. After you plead NGRI, the court will usually order your examination by a doctor and make that report available to the defense, court and prosecution. And usually, you’ll have a doctor or some expert testify as to the state of your mental condition. So, whether someone has a “mental disease or defect” that is “severe” is really just a question of evidence. If you can convince the jury that you had a severe mental disease that made it so you couldn’t tell that what you were doing was wrong, then you might have an insanity defense.
How Does the Insanity Defense Work?

 

[GoBuckeyes]

What really blows is that, from the moment a crime occurs, it's as if all rights transfer to the accused.

We do that constitutionally and it's part of a free and just society, but in times like these, it blows.

He gets all the protections of the law.

And it eclipses the rights of the victims.

A man stands in front of his wife and kills her little boys, rips ome from her arms, guns another down. Who cares what he says? He did it in front of them.

Straight to jail. Do not collect.

But the process allows him to say Not Guilty and the wheels of justice charm for him. Because we take freedom seriously here. His rights are protected because, sadly, they reflect the rights we all enjoy. So we can't strip his away without just cause, the highest standard, beyond a reasonable doubt.

I hope he gets his justice. Full removal from society.

So those left behind can grieve and survive and, if nothing else, breathe. The small relief that he'll be able to hurt no one else.

My heart breaks twice for the mother and her daughter. Victimized in the most awful way by the series of crimes that day, but also, their loss of innocence, that their justice is blocked. Their rights to privacy, decency, truth -- all delayed.

The process has to be gut-rending.

I wish them all the strength in the world.

JMO

I hadn't read, or maybe I've just forgotten, that he ripped one child out of the mother's arms.

 

[iamshadow21]

I hadn't read, or maybe I've just forgotten, that he ripped one child out of the mother's arms.

It was in news articles at the time it happened.

 

[Clearsky]

Photo of the 3 boys. Very sad:

Jury Could Tour Home Where Chad Doerman ‘Slaughtered’ His 3 Young Sons

Ohio prosecutors have asked the court to let jurors see where a man allegedly killed his three sons last year. WXIX reported that Clermont County prosecutors want the jury to see specific locations in Chad Doerman’s home where they believe he shot his three children in June. In their motion...

www.crimeonline.com

 

[alexwood]

https://twitter.com/x/status/1760329938786189619

No. He said HE WOULDN'T hurt anyone. He was spent. Had already done all the hurting.

 

[alexwood]

If that's true though, that also gives him months to get help, to give his guns to someone for safe keeping, to search online for something like "help with unwanted thoughts", to do something other than what he did.

And for those around him to run.

 

[arielilane]

Prosecutors in the case of Chad Doerman, the Ohio father accused of killing his three young sons last summer, have revealed new information about what they claim he did and said shortly before killing the boys. Law&Crime's Angenette Levy @angenette5 details the new developments.

https://twitter.com/x/status/1785708259137163628

 

[MyBelle]

Prosecutors in the case of Chad Doerman, the Ohio father accused of killing his three young sons last summer, have revealed new information about what they claim he did and said shortly before killing the boys. Law&Crime's Angenette Levy @angenette5 details the new developments.

https://twitter.com/x/status/1785708259137163628

I wonder why the prosecutors would release it. The guy sounds as mentally unhinged as Andrea Yates, who thought she was doing the right thing in killing her kids.

JMO

 

[arielilane]

WATCH:
@LawCrimeNetwork Crime Fix- 4 Shocking Developments in Ohio Dad Accused of Executing 3 Sons: ‘Chad Knows What’s Right’ @aburkhartlaw and I Discuss YT: https://youtu.be/f35YHqpBnW0?si=1WLFs5aG6NQ4lKKo

https://twitter.com/x/status/1785987552500932904

 

[IceIce9]

That document initially stated that Doerman came home "early from work" on Thursday, June 15, and had his wife and their three boys join him in the master bedroom of their home on Laurel Lindale Road for a nap.

Amendments made to the document that were filed on Tuesday revealed that prior to laying down in the bedroom, Doerman obtained a bible and was walking around the house with it, mumbling, "Chad knows what's right."

According to court documents, Doerman later said he was "just kidding" and "playing around" before deciding to lay down in the master bedroom.

Attorneys for man accused of killing his 3 sons file motion to exclude the death penalty

Attorneys for Chad Doerman, the man accused of shooting and killing his three sons, is requesting the court exclude the death penalty "due to serious mental illness."

www.wlwt.com

 

[IceIce9]

DBM

 

[imstilla.grandma]

https://twitter.com/x/status/1786038355806843080

 

[arielilane]

BATAVIA, Ohio (Scripps News Cincinnati) — The attorneys for Chad Doerman, who is accused of shooting his three young sons to death in 2023, have filed a motion asking the death penalty be dropped against their client, citing “serious mental illness at time of offense.”

...

Chad Doerman, accused of executing sons, wants death penalty dropped

Chad Doerman's attorneys asked that potential death sentence be dropped, citing his 'serious mental illness at the time of the offense.'

www.courttv.com

Posted at 4:09 PM, May 2, 2024

 

[MyBelle]

BATAVIA, Ohio (Scripps News Cincinnati) — The attorneys for Chad Doerman, who is accused of shooting his three young sons to death in 2023, have filed a motion asking the death penalty be dropped against their client, citing “serious mental illness at time of offense.”

...

Chad Doerman, accused of executing sons, wants death penalty dropped

Chad Doerman's attorneys asked that potential death sentence be dropped, citing his 'serious mental illness at the time of the offense.'

www.courttv.com

Posted at 4:09 PM, May 2, 2024

I do hope this man receives the mental health care he so desperately needs. My heart breaks for his wife and step-daughter.

JMO

 

[arielilane]

Posted at 12:32 PM, May 02, 2024 and last updated 6:19 PM, May 03, 2024


BATAVIA, Ohio — The attorneys for Chad Doerman, who is accused of shooting his three young sons to death in 2023, have filed a motion asking the death penalty be dropped against their client, citing "serious mental illness at time of offense."
The motion is asking Clermont County Judge Richard Ferenc find that Doerman is ineligible to receive the death penalty. An initial hearing on the motion was held Friday afternoon, while Doerman's attorneys agree to submit an expert's report supporting Doerman's mental illness by June 3, according to the motion.

Now, Doerman's trial date, originally scheduled for July, is vacated. The court will hold a pre-trial hearing to determine whether Doerman is eligible to receive the death penalty in August instead, meaning he likely won't see trial this year.

Full article and more at link...

Doerman trial delayed as attorneys seek death penalty exclusion for man accused of killing his 3 sons

The attorneys for Chad Doerman, who is accused of shooting his three young sons to death in 2023, have filed a motion asking the death penalty be dropped against their client.

www.wcpo.com

4-year-old Hunter, 7-year-old Clayton and 3-year-old Chase

 

[GRT]

This brings back sad memories of a similar crime that occurred in my little town -- but here, the father, after slitting the throats of his three children and chasing his wife down the street (at night) with a knife, had the decency to plead guilty. It's long been said that he was mentally out of his mind when he killed his children, and maybe he was. Everyone who knew the family said they seemed like a typical family.

It's hard to find stories because he pleaded guilty, and that was the end of it, but here is one, and here is another.

I can understand someone having a mental breakdown and doing the unthinkable, but then, when they return to sanity--they would do everything in their power to take responsibility for their actions. Doerman is not doing that. That makes me suspect he may have planned the whole thing. Why would he put his wife and stepdaughter through this if he was truly insane at the time of the killings?

 

[cocomod]

I have a very hard time believing a snap in this case. He admitted he had been planning it for months.

 

[MyBelle]

This brings back sad memories of a similar crime that occurred in my little town -- but here, the father, after slitting the throats of his three children and chasing his wife down the street (at night) with a knife, had the decency to plead guilty. It's long been said that he was mentally out of his mind when he killed his children, and maybe he was. Everyone who knew the family said they seemed like a typical family.

It's hard to find stories because he pleaded guilty, and that was the end of it, but here is one, and here is another.

I can understand someone having a mental breakdown and doing the unthinkable, but then, when they return to sanity--they would do everything in their power to take responsibility for their actions. Doerman is not doing that. That makes me suspect he may have planned the whole thing. Why would he put his wife and stepdaughter through this if he was truly insane at the time of the killings?

People with incurable mental illness do not "return to sanity" on their own. At this point, we don't know if Doerman is mentally stable enough to participate in his trial.

JMO

 

[GRT]

People with incurable mental illness do not "return to sanity" on their own. At this point, we don't know if Doerman is mentally stable enough to participate in his trial.

JMO

Is that what the defense is claiming? "Incurable mental illness?" I haven't followed this case closely, so I didn't know that.

I figured they were going for temporary insanity, which I think is extremely rare.

In the latter case, an argument can be made that the killer, once sanity has been regained, would behave more like the man in my community who killed his children and then plead guilty to keep his wife from suffering more.

As Doerman fights to save his own skin -- I'm left thinking he's not all that remorseful despite the tears.

There's the case of Herbert Weinstein, who claimed temporary insanity when he killed his wife. He then came to his senses and turned himself in. Later, a brain scan showed a cyst in a part of his brain, and his attorney was able to successfully argue his insanity had been caused by the cyst. He was not convicted.

But, I'm not any professional when it comes to mental illness. I just feel as though a man who wants to claim "temporary" insanity should probably be ready to take responsibility for his actions. I don't think Doerman is doing that. I wasn't aware of the incurable insanity claim. I'm not sure how that would factor in.

 

[MyBelle]

Is that what the defense is claiming? "Incurable mental illness?" I haven't followed this case closely, so I didn't know that.

I figured they were going for temporary insanity, which I think is extremely rare.

In the latter case, an argument can be made that the killer, once sanity has been regained, would behave more like the man in my community who killed his children and then plead guilty to keep his wife from suffering more.

As Doerman fights to save his own skin -- I'm left thinking he's not all that remorseful despite the tears.

There's the case of Herbert Weinstein, who claimed temporary insanity when he killed his wife. He then came to his senses and turned himself in. Later, a brain scan showed a cyst in a part of his brain, and his attorney was able to successfully argue his insanity had been caused by the cyst. He was not convicted.

But, I'm not any professional when it comes to mental illness. I just feel as though a man who wants to claim "temporary" insanity should probably be ready to take responsibility for his actions. I don't think Doerman is doing that. I wasn't aware of the incurable insanity claim. I'm not sure how that would factor in.

BBM. It is a fact that many mental illnesses are incurable but can be treated with psychotherapy, medications. I think the issue right now is whether he should be facing the death penalty. That's the role of medical experts in cases such as this one and their reports are filed under seal.

Doerman entered a plea of "not guilty by reason of insanity" and there will be an August hearing about whether to remove the death penalty.

JMO

Trial date vacated amid death penalty debate in trial of man accused of killing 3 sons

Chad Doerman, 33, recently pleaded not guilty by reason of insanity

www.fox19.com

Before the August trial, State prosecutors and Doerman’s defense attorneys will have separate mental health evaluations done on him. If he is found to have a mental illness that “significantly impairs the person’s capacity to exercise rational judgment” at the time of the alleged crime, the death penalty will not be an option if he is convicted in the triple homicide case.

https://s3.documentcloud.org/documents/24630670/doerman-motion-to-exclude-death-penalty-due-to-serious-mental-illness-at-time-of-offense.pdf