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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. 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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