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Judges uphold jury's rejection of insanity defense

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A woman convicted of murdering her young son has lost her appeal, in which she claimed the jury didn’t have sufficient evidence to reject her insanity defense.

In Latisha Lawson v. State of Indiana, No. 02A03-1107-CR-350, Latisha Lawson appealed her convictions of murder, Class C felony neglect of a dependent, and Class D felonies neglect of a dependent and battery. The convictions stem from an incident where she forced her two children to drink mixtures of oil and vinegar to exercise demons. In order to get her toddler son to drink the mixture, Lawson held her hand over his mouth, which suffocated J.K.

She kept J.K.’s body in a bin and told her daughter not to tell anyone what had happened. She told people who asked where J.K. was that he was living with another relative or had been adopted. Eventually, police learned about J.K.’s death and found his body inside the plastic tub where Lawson was living.

Lawson wanted to rely on the insanity defense, so she was examined by a psychologist and a psychiatrist. The psychologist believed she was sane at the time of the incident; the psychiatrist felt she wasn’t sane at the time. The jury was instructed that it could find Lawson not guilty, not responsibly by reason of insanity, guilty, or guilty but mentally ill. The jury found her guilty and she was sentenced to 61 years.

The Indiana Court of Appeals rejected Lawson’s claim that the psychologist’s testimony rendered an opinion lacking in probative value so only the psychiatrist’s opinion should have been considered. This case differs from Galloway v. State, 938 N.E.2d 699, 708 (Ind. 2010), in which the expert in that case originally testified that he thought the defendant was sane but later said on cross-examination that he was unable to offer a definite opinion on sanity. In the instant case, the psychologist never changed his opinion that Lawson was sane.

In addition, independent lay witness testimony corroborated the psychologist’s opinion she was sane.

“Lawson’s behavior in this case admittedly was highly bizarre; her actions concerning the ‘exorcism’ and retention of J.K.’s body thereafter were confirmed by three independent eyewitnesses. Still, as we recently noted, our supreme court has affirmed the rejection of an insanity defense even ‘where the crimes appear to have been completely irrational,’” wrote Judge Michael Barnes.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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