I don't think that would work. I never once thought he appeared insane or anything like it. I've said it before, but fetishes are not diagnosed as a mental illness unless it's interfering with life or harms another. (Harm is not someone's knowledge of the fetish from a diagnostic point of view).
As far as I'm aware - from a layman's position of course - I think you're right that a fetish cannot be diagnosed as a mental illness all on its own, and I believe fetishes fall into the category of "symptoms" and "coping mechanisms" with deeper psychological problems underneath (when said fetish interferes with daily life, and ability to function in a healthy way - not saying that all people with fetishes are seriously mentally ill). I'm fairly certain that it can be used as a factor in diagnosing with a larger personality disorder type illness though.
Psychologists, psychiatrists and social workers look at the "big picture" while adding up all of the "little pieces" when it comes to actually making a diagnosis. Some don't even like to make a "for sure" diagnosis as it can interfere with the way a client views themselves and their problems.
If we are talking about someone who truly does have seriously mental illness - on the antisocial behavior scale, or possibly extending into psychopathic behavior then seeing that person as "crazy" is often quite challenging for those not familiar with the signs. That is how these people often get away with so many of their crimes - they are extremely good at mimicking appropriate behavior, maintaining a normal lifestyle to some degree, lying is second nature to them. The thing is though - the real "geniuses" among these types of people often do not let themselves lose control in any way by using alcohol, or other drugs which may impair their ability to keep up the game, so to speak.
The rapid deterioration that has apparently been noticed in this case, would definitely make sense if this person had lost control of the "game", that's for sure.
Having said all of that... Even if someone is mentally ill in a serious manner, that does not make it easy to plead insanity - temporary or otherwise. I don't think MR or any other attorney would be able to make a judge or jury believe that MR was in some way aware of his actions, IF he did in fact hurt Dylan. The "cover-up" that appears to be ongoing, is another thing that would point to the fact that an insanity plea would not work for him.
In the thread discussing the show last night I linked to an article discussing domestic abuse, and male psychopaths. The types of fetishes that MR apparently engaged in are way beyond the realm of "typical", or "normal" even within those sub-cultures, as some with experience in the "scene" have attested to in the last few pages of this thread. I haven't been back to the "show thread" since early this morning, but if anyone wants to read the post, and the article I attached, I can bring a link to this post...
As always, all of the above is MOO! :cow:
Disclaimer: I am not a psychologist, psychiatrist, nor a social worker. I am not attempting to diagnose anyone. I am just sharing my observations in regard to this case, my personal experience with someone who did have serious mental illness (ASPD), and my layman's understanding of these problems through my own research and self-education, as well as education through my own counseling experiences.