IF MELISSA HUCKABY IS INSANE, THEN PIGS FLY! She Will Never Be Able to Successfully Argue the Insanity Defense.

(AP Photo/San Joaquin County SheriffOn March 27, a precious little girl, Sandra Cantu, disappeared in broad daylight from outside of her home.  Surely, it was a male sex-predator who had taken her, right? Wrong. The suspect: a female Sunday school teacher and neighbor to the Cantu family, whose daughter was friends with Sandra. And it wasn't until April 6, 10 days after Sandra's disappearance, that Sandra was found. Her little body was stuffed in a suitcase and tossed into an irrigation pond.

Melissa Huckaby is now charged with not only murder, but rape. Rarely, is a female ever charged with raping another girl and killing her. I cannot think of one case! Lately, there have been stories of adult females raping juvenile males (Mary Kay Letourneau) but those cases are not comparable in any way, shape or form.

So that means if this kind of heinous crime is so rare, then Huckaby must have been insane, right? Wrong. Even though I am a defense attorney, I do not believe Huckaby suffers a mental defect that will pass the "insanity" defense muster.

STATISTICS

Unfortunately, many people whose mental illnesses go untreated end up in the criminal justice system; however, they are not "insane" just because they committed a crime while suffering from a mental illness. According to a Department of Justice press release in 2006, more than half of all prison and jail inmates were found to have a mental health problem. 54% of jail inmates had symptoms of mania, 30% had major depression and 24% had a psychotic disorder such as delusions or hallucinations. Females had higher rates of mental health problems than male inmates: 73% of females versus 55% of males in state prisons & jails.

An insanity defense obviously did not work for the mentally ill inmates; otherwise, they would not be inmates.  A successful insanity defense rules the person "not guilty by reason of insanity." The person is not incarcerated but is usually placed in a mental hospital until the person is found to be rehabilitated.

Insanity Defense Recently Successful with TWO Mothers Who Killed Their Children

*** Statistically, the insanity defense is only used in about 1% of cases and of those 1% of cases, the defense is only about 20% successful. ***

Andrea Yates mugshot - 2000

Even though the insanity defense is rarely successful, two people who recently successfully asserted the defense were Andrea Yates and Dena Scholosser: both of these women were mothers who killed their children. Huckaby, on the other hand, is accused of killing another's child.

Ms. Yates drowned her 5 children in the bathtub, was found guilty and then on appeal was found not guilty by reason of insanity in 2006. In 2004, Ms. Scholosser chopped off the arms of her infant child who later died in the hospital. She was found not guilty by reason of insanity. As recently as November 2008, it was disclosed Ms. Scholosser will soon be released to out-patient care.

Dena Scholosser mugshot - 2004

Understanding the Insanity Defense

California uses the M'Naghten Rule: To establish a defense on the ground of insanity, Huckaby must prove:
1) at the time of the committing of the act,
2) Huckaby was laboring under such a defect of reason,
3) from disease of the mind, as not to know the nature and quality of the act she was doing; or,
4) if she did know it, that she did not know she was doing what was wrong.

Basically, insanity can be proved 1 of 2 ways in CA: Huckaby was so mentally sick that: 1) she didn't know that what she was doing was wrong, OR 1) she did not understand the consequences of the act.

Insanity Defense Applicable for Melissa Huckaby Is Doubtful

In the Yates/Scholosser cases there was no question both mothers committed the murders. Ms. Scholosser was found in her house, covered in blood, with a knife in her hand. And Ms. Yates immediately confessed to the drownings. In this case, we don't know enough details about Huckaby; however, we do know that she was not immediately arrested with "blood on her hands." and we do not have information that she confessed to Sandra's murder. In order for Huckaby to argue the insanity defense, she must confess to the crime. Basically, "I did it but I was insane."

Melissa Huckaby did exhibit certain behaviors that may lead one to question her mental health but the behaviors do not rise to the level of insanity.

1) Melissa's bouts of depression: Melissa's ex-husband tells Good Morning America, "She did suffer from depression. She did have issues with ... her self-persona, who she saw herself as." Article here.  Does Huckaby have a documented history of depression?  A family member's "diagnosis" of one's depression is not enough to rise to the level of insanity.  There are plenty of bad people in the world who do terrible things.  These people cannot use "bouts of depression" and sufficient evidence of insanity. 

2) Recent theft conviction: one case of theft is not enough to allege insanity in a separate, unrelated crime.  Furthermore, the theft is not a violent offense and Huckaby has no pattern of committing crimes.  In my opinion, the theft charge has no weight in an insanity defense.

3) Knife-swallowing suicide attempt: This incident is the best evidence for the prosecution that Huckaby was not insane at the time of Sandra's murder.  Huckaby's suicide attempt shows a women who tried to take her own life in fear that she would be caught.  This shows her ability to understand the nature of the act she committed, its severity and its consequences. Huckaby probabaly thought, "What did I just do?  If I take my own life, I don't have to be held accountable for murder and rape."

4) Separation in time between kidnapping, murder and disposal of body: The numerous criminal acts that occurred do not show a woman who was insane.  For example, in the abovementioned cases, the mothers engaged in a single act of insanity.  Huckaby, on the other hand, had an opportunity to plot.  She had time.  She thought about the perfect opportunity to take Sandra, she then kidnapped her and held her.  She had the opportunity to release her but instead she allegedly engaged in the rape of her.  Then, she allegedly committed another act of murdering her.  Then, she was able to plan how to dispose of the body.  She methodically placed little Sandra in a suitcase and drove her to an irrigation ditch.  These separate acts took separate thought processes.  Huckaby was not insane during this entire sequence of events.

If Huckaby is the murderer of Sandra, then, in my opinion, she is a cold, calculated killer.  She is not insane.  She may be sick, evil and demented but she knew what she was doing.  She planned the attack and engaged in a pattern of criminal behavior that possibly occured over the course of several days.  Her final steps show a woman who knew that what she did was wrong.  She disposed of the body and she attempted to take her own life.  Those are the behaviors of people who are not insane but who do not want to be held accountable for their actions.

From the information provided thus far, the insanity defense will never be successful in this case. Her best (for lack of a better word) defense will be, "It wasn't me."

I previously discussed the insanity defense in the Casey Anthony case on December 15, 2008. Blog here.

www.tamaraholder.com & www.xpunged.com

YATES & SCHOLOSSER: 2 MOMMIES WHO RECENTLY SUCCESSFULLY ARGUED INSANITY DEFENSE - IS CASEY NEXT?

My Disclaimer

Here is my disclaimer again since I have previously received some crazy feedback on my position on the Casey Anthony case. (Yes, one person even called me a baby killer!): I am not defending Casey Anthony, nor am I making the argument that I, personally, believe she is innocent. What I am saying, however, is that no matter how guilty you think Casey Anthony is of killing her daughter, she is entitled to a defense; therefore, my positions are from the perspective of a defense attorney.

Insanity Defense Recently Successful with TWO Mothers Who Killed Their Children

Insanity as a defense is very difficult to prove. Statistically, it is only used in about 1% of cases and of those 1% of cases, the defense is only about 20% successful.

Andrea Yates mugshot - 2000

Even though the insanity defense is rarely successful, two people who recently successfully asserted the defense were Andrea Yates and Dena Scholosser: both of these women were mothers who killed their children. Ms. Yates drowned her 5 children in the bathtub, was found guilty and then on appeal was found not guilty by reason of insanity in 2006. In 2004, Ms. Scholosser chopped off the arms of her infant child who later died in the hospital. She was found not guilty by reason of insanity. As recently as November 2008, it was disclosed Ms. Scholosser will soon be released to out-patient care.

Dena Scholosser mugshot - 2004

These two cases may set a trend for successful argument of not guilty by reason of insanity, especially for a mother who has killed her toddler or infant child.

Understanding the Insanity Defense

Florida uses the M'Naghten Rule: To establish a defense on the ground of insanity, it must be clearly proved that:
1) at the time of the committing of the act,
2) the party accused was laboring under such a defect of reason,
3) from disease of the mind, as not to know the nature and quality of the act he was doing; or,
4) if he did know it, that he did not know he was doing what was wrong.

Basically, insanity can be proved 1 of 2 ways in FL: the person was so mentally sick 1) she didn't know that what she was doing was wrong OR 1) she did not understand the consequences of the act.

Application of Casey Anthony Case to Insanity Defense

One major difference between the Anthony case & the Yates/Scholosser cases is that in the Yates/Scholosser cases, there was no question both mothers committed the murders. Ms. Scholosser was found in her house, covered in blood, with a knife in her hand. Ms. Yates immediately confessed to the drownings. In Casey's case, however, she never made a confession and has maintained her innocence. Thus, Casey would have to admit to the crime before she alleges the insanity defense.

Casey Anthony did exhibit certain behaviors that may lead one to question her sanity. Everyone is still focusing on how she is a compulsive liar but I think her lying is possibly indicative of someone with multiple personalities or a different perception of reality. Remember, she did not just lie about her daughter's whereabouts. Casey has lied her entire life and that leads me to suspect that maybe she has an undiagnosed mental defect. And remember the Nanny who allegedly stole Caylee? Was this another delusion of Casey or was it really a lie of a sane person. Or how about Casey's jail house video where she says she wants to find Caylee? Is she lying or did she really believe her daughter was somehow alive?

Over 500 pages of documents were released today raise a mental state red flag:

1) Casey had a diary entry that stated she was "happy", had no regrets and hoped "the end justifies the means." I would like to know what the rest of the diary says. Are any of her writings delusional? One entry is not enough.

2) Casey allegedly considered a miscarriage (I do not know how that's really possible) after Caylee was born.

3) Casey suggested committing herself to a psych ward all the way back in 2006. Additional information points to Casey not being "fit" to raise Caylee and her parents, George and Cindy, wanted to get custody of Caylee.

4) The heart-shaped sticker found on the Caylee's mouth suggests Casey was possibly suffering a delusional state at the time of the killing. What was the reason for the sticker? Ms. Yates had delusions that her children were evil and Ms. Scholosser heard G-d commanding her to remove her child's arms. Did a "voice" tell Casey to strategically place the sticker on Caylee's mouth?

I doubt the insanity defense will be raised, but I just wanted to give you another potential perspective of the case. It could be possible that Casey has a severe mental defect that has gone undiagnosed...

I previously discussed the insanity defense in the Casey Anthony case on December 15, 2008. Blog here.

www.tamaraholder.com & www.xpunged.com

CASEY ANTHONY CASE: A DEFENSE MUST MAKE SENSE

We are still awaiting final confirmation from the medical examiner that the bones found near the Anthony home are that of 2-year old Caylee Anthony. (Remember, since Caylee was just 2-years old, we don't have dental records to compare; thus, testing must be more detailed.) For the sake of argument, let's say the remains found are those of Caylee. Caylee Anthony

CASEY'S DEFENSE MUST MAKE SENSE

Casey Anthony, like every defendant in the United States, is entitled to a defense.  Not all people accused of committing crimes are guilty; however, we hope that those who are guilty are properly prosecuted and convicted. In this case, no matter how guilty you think Casey is of murdering her daughter, I hope you can appreciate her receipt of a proper defense.

Jose Baez, Casey's attorney, has shared some of his defense strategies with the public.  Here is my analysis, as a criminal defense attorney myself, of possible defenses.

Defense #1 - CAYLEE WAS KIDNAPPED & IS STILL ALIVE
Jose Baez must move from the "Caylee-is-still-alive" defense to an entirely new defense. I wrote about this theory last week. Blog here. Up until the remains were found, Mr. Baez was filing motions for information from the police on Caylee "sightings" and speaking  publicly about his belief that Caylee is somewhere out there in the world - alive.  Once we receive the confirmation that she's in fact dead, Mr. Baez will probably withdraw any motions seeking information on Caylee sightings....UNLESS...he continues with his kidnapping theory, he may still want these records...(see next Defense #2.)

Defense #2 - CAYLEE WAS KIDNAPPED & SOMEONE KILLED HER
Jose Baez may not withdraw his motions to compel Caylee "sightings" information in an effort to establish that someone kidnapped her, people reported sightings of Caylee, and then she was subsequently murdered.  I don't think this defense makes sense.  If someone kidnapped Caylee, the liklihood of the person returning to the area to dispose of the body is slim.  Of all places to dispose of a body, it does not make sense that a killer would go to the very place where the risk of getting caught is the highest.  Certainly, it may be argued that the person who took her was from the area; however, the kidnapping theory still doesn't make  much sensee. Why?  Well, the most damning fact is that Casey never reported her daughter missing!  In fact, it was Casey's mother, Cindy Anthony, who reported her granddaughter missing nearly a month after she was last seen.

The average juror will think about that time their cat went missing for one day and they posted flyers all over the neighborhood, knocked on doors and called local animal shelters.  Jose Baez is going to have a hard time convincing that same juror that someone kidnapped Caylee and Casey's failure to report her daughter missing for ONE MONTH is not suspicious. C'mon!  Again, the defense must make sense in order for it to prevail.

Defense #3 - INSANITY DEFENSE
Let me clear something up: I've previously argued on TV that Casey's compulsive lies are nothing new.  Of course, some people felt I was defending Casey; however, that is not the case.  My point is this: Casey's pattern of behavior and compulsive lies existed way before Caylee disappeared. Casey lied about Caylee's father's identity; she lied about having a job; she lied about the babysitter; Casey even stole money from Caylee's piggy bank!  So, from a defense perspective, her lies about Caylee's disappearance (she was kidnapped by babysitter Zanny, etc.) are nothing new.  Besides the lies, what else did the prosecution have?!  Now, of course, they have a body.

One thing that I find lacking in the prosecution's case is MOTIVE.  Of course, the prosecution may argue that 22-year old Casey just wanted to be free, go out and party, and not have the attachment of her daughter. That's definitely enough to prove motive.Casey Anthony - partying at the same time her daugher is "missing"

But, on the other hand, it appears Casey may have a mental defect and was unable to appreciate her conduct - i.e., she was insane at the time she committed the crime.  Casey, in my opinion, seems delusional and like somewhat of a sociopath.  Even while she has been in police custody, she has failed to show any remorse and instead continues to live in her own little world. (Also, it will be interesting to see if when the duct tape was placed on Caylee's mouth can be determined.  If it was placed on her mouth after death, that may show Casey's insanity and inability to believe that her daugher is really dead.)

Casey's pattern of behavior before and after Caylee's death, and also any evidence found on the remains (duct tape, for example) may make up for a solid insanity defense.  Don't be surprised if the Casey Anthony Defense Team pleads her insanity.Casey Anthony in court

www.xpunged.com and www.tamaraholder.com