Thank you BlueSky. I do agree Dann was clearly insane. I find myself wondering what kind of treatment Aron has received in the past. Is it similiar to Laurie's? Would it fall along those lines? Did Levy's family have similiar concerns about his treatment and/or behaviors? I don't believe any specific details of his medical history will come out before trial, especially with HIPPA laws. Nor should it.
I found another recent case where the jury rejected a plea of not guilty by reason of insanity. The following article is from July 2011. I did not follow this case, though I know threads exist for it here at WS. (BBM below).
An Ohio jury Friday found Anthony Sowell guilty in connection with the kidnapping, abuse of corpses and aggravated murder of 11 women around Cleveland between 2007 and 2009.
Sowell had pleaded not guilty by reason of insanity to all 85 counts against him, which also included rape and tampering with evidence.
The defense did not call witnesses or present any evidence during the trial, according to CNN affiliate WOIO, and rested Tuesday.
The jurors found him guilty on 84 counts, with the sole not guilty verdict coming on an aggravated robbery charge.
http://edition.cnn.com/2011/CRIME/07/22/ohio.serial.killing.verdict/
The defense calling no witnesses and not presenting any evidence doesn't teach us much, other than perhaps Sowell had no history of mental illness? Just a guess because as I mentioned, I did not follow this case.
Now I am also wondering if the state of NY has laws which allow involuntary commitment for the mentally ill.
Sowell’s case is worth reviewing here because Sowell pled not guilty by reason of insanity and the Judge and Jury both rejected Sowell's insanity defense despite the strong testimony mental health experts presented to them during the sentencing phase.
The Ohio man entered a plea of not guilty by reason of insanity in the 11 deaths and psychiatric evaluations were ordered before the trial began. Sowell was held without bond and refused visitors after he was remanded by the Judge into custody. Sowell attempted to flee when the police arrived to serve a warrant for his arrest and he denied he was the man they were looking for.
Under Ohio law, in order to prove his insanity defense, he must show that he was unable to differentiate between right and wrong at the time of his crimes because of severe mental disease or defect.
Anthony Sowell's defense attorneys, who didn't put a witness on the stand during his trial, began presenting evidence from mental health experts on Monday to try and spare him from being executed.
On Wednesday, a Cuyahoga County jury recommended that 51-year-old Anthony Sowell, a registered sex offender, be sentenced to death. In 1989, Sowell lured a 3-month pregnant woman to his home, tied her up, gagged her and raped her. He was sentence to prison for 15 years and was released in 2005. His criminal background wasn't allowed to be discussed during the trial to prevent prejudicing jurors.
That same jury convicted Sowell on 82 of 83 counts, including aggravated murder, rape and kidnapping, in the deaths of 11 women whose remains were found in around his Imperial Avenue house. Nearly all of the women had been strangled and were nude from the waist down.
Sowell stood and then sat stoically when the lengthy verdict was read aloud -- a process that lasted about an hour, starting around 3 p.m. He yawned once the process was complete. The unanimous decision was read in open court, to the cheers of the victims' family members. Cuyahoga County Common Pleas Judge Dick Ambrose upheld the jury's opinion, sentencing Sowell to death, instead of life in prison.
His execution by lethal injection was scheduled for 29 October 2012, although it is likely to be delayed by appeals. That is the three-year anniversary of the initial discovery on Imperial Avenue.
Sowell’s defense team approached Cuyahoga County Prosecutor Bill Mason and offered him this deal. Sowell agrees to plead guilty to all the murders and rape charges. There are 85 in all. He would also agree to forgo any chance to appeal the conviction in the future, which would in effect be a life sentence without possibility of appeal or parole. The prosecutors would have to agree to take the death penalty off the table. Mason said no. According to the news report, all of the families want the prosecutor to take the deal. They don't want to see the county incur the huge cost of the trial and they don't want to have to relive the horrors of Sowell's crimes in court.
For much of his trial, Sowell sat in court with a cold stare, but Monday, tears streamed down his face. Defense attorney John Parker said in his opening statement that Sowell was a hard worker and wanted to be a positive part of society but he had a difficult childhood and changed after his heart attack in 2007. Defense attorney John Parker said his client Anthony Sowell suffered from several mental health disorders. He said they include post-traumatic stress disorder, obsessive compulsive disorder and psychosis. "You will find that death is not appropriate in this case."
During the sentencing phase for convicted killer of 11 Anthony Sowell, Dr. Watson, a forensic neuropsychologist, told the Jury “Essentially he has indications of brain dysfunction”. In one test, Watson found that it took Sowell considerably longer to reassemble a 10-piece puzzle while blindfolded and told the jury that it suggests Sowell has a moderate brain disorder.
Another test showed Sowell had an 86 IQ. He also quoted Sowell as telling him that he feels depressed and "sad most of the time and guilty over many things" he has done. Dr. Woods,
a forensic psychiatrist, said “Sowell suffers from obsessive compulsive disorder, post traumatic stress disorder and psychosis….”
Social worker Lori James-Townes investigated Sowell’s childhood and articulated to the Jury how sexual abuse, a strained relationship with his mother and witnessing other children being abused among as causes. The sexual abuse in the home reportedly started when some of the children were just 10 or 11 years old.
Childhood abuse is the biggest red flag for adult criminal behavior,” James-Townes said. “The sad thing about this is trauma is extremely treatable… The problem comes in when they don’t get treated.” She said that telling the story is one of the most helpful ways to treat someone who has suffered trauma.
“It’s not normal for an 11 year old to have sex with 10-year-old niece,” she said. “There were high levels of promiscuity that are also red flags.”
Serial killer Anthony Sowell took the stand in the death penalty phase of his mass murder trial, and apologized for his actions. He told his defense attorney John Parker, “She sexually abused me,” Sowell said, after an much older relative. “No, I don’t want to talk about that… There was a lot of sexual activity going on there.” Sowell described how a heart attack changed his life. Everything from mood swings to losing jobs
to hearing a voice, one called Arnie.Sowell completed his statement by saying he was sorry. He was asked no specifics about his crimes.
…”And it’s because of this abuse and this miserable, sad life he murdered 11 women?” assistant prosecutor Pinkey Carr said.
“That’s not just the only reason… There are multiple reasons,” James Townes said. When children are growing up in this type of situation, it impacts them in a variety of ways,” Lori James-Townes said. “It makes him susceptible to violence later in life.”
“There should be an assessment made when you see certain risk factors,” she said, referring to Anthony Sowell’s school records….
Judge Ambrose said the doctors' diagnosis of Sowell's mental issues did not explain his propensity for murder.
Still reading, Judge Ambrose said the court will give not weight to Sowell's academic performance and some weight to Sowell's behavior in prison.
This link contains all the victim’s impact statements.
http://www.msnbc.msn.com/id/4411854...oh/t/blog-anthony-sowell-official-sentencing/
DEFENSE TO SEEK NEW TRIAL FOR OHIO SERIAL KILLER (20 hours ago)
CLEVELAND (AP) — A document filed in a Cleveland court shows attorneys for a serial killer sentenced to death last week plan to request a new trial, alleging juror misconduct.
A motion filed Friday says the jury forewoman was prejudiced against 51-year-old Anthony Sowell (SOH'-wehl). He was convicted of killing 11 women whose remains were found in his Cleveland home in 2009.
Defense attorney Rufus Sims says the motion was filed prematurely and that the defense is working on a replacement. He says the defense has to wait until 14 days after the sentencing before they can request a new trial.
The attorneys cite comments made by the forewoman after the trial, including her statement that Sowell winked at her at one point.
http://www.google.com/hostednews/ap...AAfrsg?docId=17347addf43d45788304bccb9c18d721
http://eassurvey.wordpress.com/2011/08/11/convicted-serial-killer-anthony-sowell-child-abuse-victim/
http://www.msnbc.msn.com/id/4411854...oh/t/blog-anthony-sowell-official-sentencing/
http://edition.cnn.com/2011/CRIME/07/22/ohio.serial.killing.verdict/
http://law.rightpundits.com/?p=1013
http://www.wafb.com/story/15226541/sowell-speaks
