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Re: Some more » James K

Posted by AuntieMel on February 4, 2006, at 13:00:05

In reply to Some more » James K, posted by James K on February 3, 2006, at 4:52:10

But even her doctors had diagnosed her as psychotic and delusional.

The prosecution never even tried to argue that she *wasn't* mentally ill. They just hinged things on the bizarre Texas definition of knowing "right" from "wrong."

She knew what she did was illegal. She just believed will all her might that it was "right" to send her kids off to heaven before her bad mothering could "corrupt" them.

I think she was convicted for two reasons - the witness (Dietz again...) who testified that she he had consulted in a "Law and Order" show exactly like what she did that had aired the week before. Error? I doubt it - the episode never existed.

The other reason she was convited was the prosecution "said" they were trying her for the death penalty. What that gave them was an unfair advantage in that the jurors were first vetted to be sure that there weren't any anti death penalty people in the jury pool. What that also gave them was people that were also more likely to not believe in an insanity defense at all and more likely to vote for conviction.

"Not guilty by reason of insanity" is not the same as "not guilty." The person doesn't go free - they are involuntarily committed to a mental hospital until the doctors - and the law - agree that she is well.

With her notoriety she would never be released.

 

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poster:AuntieMel thread:605722
URL: http://www.dr-bob.org/babble/poli/20060204/msgs/606288.html