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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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