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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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