A recent article reported that a man was raising an insanity defense in a sexual assault and murder case. The man is accused of sexually assaulting two women and then stabbing them fatally almost 30 years ago, in separate incidents. He has been in custody for six years.
The article notes that the defense intends to raise the insanity defense. To be successful in Arizona, it requires, under A.R.S. 13-502, that the defendant prove, by clear and convincing evidence, that he had a mental defect or disease such that he did not know the criminal act he is accused of was wrong. When the case goes to trial, the judge will determine whether to allow the defense to raise the insanity issue. If it is allowed, the insanity determination will be made by the jury.
While it may well be that the insanity defense will be pursued in the case, the defendant’s attorney raised another issue based upon the defendant’s mental state. Specifically, the attorney said that the defendant is not psychologically fit, as a result of which he, the defendant, is unable to assist in his own defense. This second issue can be described briefly as incompetency to stand trial. Under Rule 11 of the Arizona Rules of Criminal Procedure, a defendant may not be put on trial while he is incompetent. “Incompetence” means that the defendant is either unable to understand the nature and the objective of the case against him, or to assist in his defense, as the result of a mental illness, mental defect, or mental disability. The issue can, at least theoretically, be completely unrelated to an insanity defense. And competency, unlike insanity, is decided by the judge, and not the jury.
In this case, the judge recently determined that the defendant was fit to stand trial. The issue of the potential insanity defense will be dealt with as the case moves forward.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
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