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COA rules man is not guilty by reason of insanity

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Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.

In John R. Berry, IV v. State of Indiana, No. 49A04-1008-CR-536, John Berry IV appealed his conviction of Class A felony attempted murder following a bench trial. The charge stemmed from his attack on Tony Monday, who was at a house Berry and his father went to in order to help repair it. At the house, Berry picked up a hammer and began attacking Monday, telling Monday he was going to kill him. After the attack, Berry’s father noticed that Berry was staring off into space and seemed out of it.

Berry was a longtime alcoholic and was diagnosed in 1999 with bipolar disorder. He also sometimes suffers from seizures and hallucinations and becomes psychotic when withdrawing from alcohol.

The trial court found Berry was sane at the time of the attack, and his conduct and comments surrounding the attack showed he knew of the wrongful nature of his actions. The judge also concluded the psychotic symptoms he displayed were brought on by his voluntary abuse of alcohol rather than his bipolar disorder or other mental disease or defect. Berry drank heavily on the Saturday before the attack, which happened on a Monday.

In order to be found not responsible by reason of insanity at the time of the crime, Berry had to prove that he suffers from a mental disease or defect and the disease or defect rendered him unable to appreciate the wrongfulness of his conduct at the time of the offense. There’s no issue that Berry was suffering a mental disease or defect at the time of the attack, but questions arose as to whether he was intoxicated during the attack or whether the alcohol use caused his psychotic symptoms.  Judge Terry Crone pointed out that I.C. 35-41-3-6 on NRI requires only that a defendant suffer a mental disease or defect and doesn’t set forth any constraints regarding the source or cause of such disease or defect.

There was no evidence that Berry appeared or acted in an intoxicated manner at the time of the assault, so Indiana Code 35-41-2-5 is inapplicable, wrote Judge Crone. The state cited that statute to say that since Berry had voluntarily drank a few days earlier, intoxication can’t excuse his responsibility for the attack.

The COA then delved into Indiana caselaw dating back to 1878 that has held a defendant who manifests a mental disease or defect caused by prolonged and chronic alcohol abuse that renders him unable to distinguish right from wrong isn’t responsible for a crime committed while in that condition, what is now called “settled” insanity. There hasn’t been any caselaw exactly on point to this case, but the judges decided that Berry’s case falls squarely within the doctrine of settled insanity.

They also found that Berry wasn’t able to appreciate the wrongfulness of his conduct, the other requirement to be found NRI. His conduct showed he knew what he was doing when he attacked Monday, but the evidence doesn’t support a reasonable inference of sanity.

The appellate court remanded with instructions to enter a finding of NRI and for further proceedings required by statute, such as civil commitment proceedings.

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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