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Justices sharply split on insanity defense case

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Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.

But that holding isn’t without its critics, including two justices who worry that a mentally ill murderer from southern Indiana might be a danger to society.

The sharply divided 3-2 court ruled Wednesday on the case of Gregory L. Galloway v. State of Indiana, No. 33S01-1004-CR-163, a Henry County case involving an October 2007 murder. A man with a long history of mental illness murdered his grandmother, who he lived with at the time and with whom he appeared to have a good relationship.

On the day of his grandmother's murder, Galloway spent the day with her running errands and having lunch without incident. When he returned home, he got a knife and stabbed his grandmother in the chest. Just after the incident, he felt remorse and cooperated with police. He said he thought he would feel better if he stabbed her, but he did not.

Charged with murder, Galloway was eventually found competent to stand trial. Two psychiatrists testified he was insane at the time of the stabbing, while a third psychologist initially found Galloway to be sane, but then retracted his opinion. After a cross-examination by defense counsel, the psychologist apparently learned more details about Galloway's behavior around the time of the stabbing.

Henry Circuit Judge Mary G. Willis found Galloway guilty but mentally ill and sentenced him to 50 years in prison, noting he had a history of mental illness for more than 20 years and that his family had unsuccessfully tried to have him institutionalized to avoid this type of violent behavior from happening. Judge Willis said she would have begged a mental health provider to keep him long term in a civil commitment, but providers did not, and that she didn't have the option to commit him for life to a mental health institution as she would like. With that, the judge felt she couldn't allow him to return to the community, and she determined that Galloway had failed to prove he was insane at the time of the stabbing.

On appeal, the Court of Appeals in a January decision affirmed the trial judge’s ruling and relied on Thompson v. State, 804 N.E.2d 1146 (Ind. 2004), which allows a fact-finder to disbelieve uncontradicted testimony from experts and lay persons and focus on facts in the record apart from that testimony. In this case, Judge Willis explained her decision was based on Galloway's repeated refusals to take his medication, his drug and alcohol abuse, the danger he posed to himself and society if he were acquitted, that he was able to interact with people and act appropriately on the day of the stabbing, and that he cooperated with police.

But a sharply divided Indiana Supreme Court came out with a different result, reversing the local judge’s decision and essentially letting Galloway legally off the hook for the murder because of the insanity defense. Justice Frank Sullivan wrote for the majority and was joined by Justices Steven David and Robert Rucker.

The majority disagreed with the state’s contention that the change of opinion by the psychologist during cross-examination illustrates a conflict in testimony, finding that goes against past caselaw and that Judge Willis didn’t give any weight to the expert testimony in this particular case.

But central to what happened at the trial level, Justice Sullivan wrote that Judge Willis should not have turned to the state’s mental health system as justification for her decision.

“It was not appropriate, however, for the trier of fact to consider the condition of our State’s mental health system,” he wrote. “Although raising the insanity defense opens the door to examining the defendant’s entire life and allows in evidence that might otherwise be inadmissible under our rules of evidence, what may or may not happen to the defendant in the future cannot be considered. The trier of fact must make its determination as to whether the defendant was insane at the time of the offense using only evidence and considerations that are relevant to the defendant’s mental state at the time of the offense.”

Justice Sullivan delved into the history of the insanity defense going back to the 12th century, how it is based on common law principles, and how it has evolved in Indiana during the past century.

“It is not for the judicial branch to decide that a legally insane defendant should be convicted and sentenced to prison because of the condition of the State’s mental health system.” Justice Sullivan wrote. “Although such considerations may be relevant and appropriate during a commitment proceeding, they are not relevant or appropriate in determining whether the defendant was legally insane at the time of the offense. Thus, while we sympathize with the difficulty of the trial court’s decision, we cannot sustain it.”

Disagreeing with the majority, Chief Justice Randall T. Shepard wrote a dissent in which Justice Brent Dickson joined. The chief justice pointed out nuances about Galloway’s spotty mental history, how it reflected that he was mostly sane at times, and how it was more difficult to believe that he lost his sanity for a few brief seconds to commit this murder. Chief Justice Shepard addressed the third psychologist’s changing view as an effective cross-examination by defense counsel at trial.

The two dissenting justices took issue with appellate review trumping what happens at the trial level, as it’s those jurists who see the evidence and testimony firsthand. The chief justice also addressed Judge Willis’ use of the state mental health system in her decision making.

“The majority declares that it is not relevant what may happen as a result of this reversal by appellate judges. Not many of our fellow citizens would not recognize this disclaimer of responsibility as legitimate,” he wrote, referring to several examples of Galloway’s history and saying it is clear from the record that the man is a danger to others. “I mention this litany – just salient elements in an even longer story – to suggest that some innocent future victim is placed at risk by this Court’s decision to second-guess Judge Willis. A society that responds to such violence with tolerance should well expect that it will experience more violence than it would if it finally said, ‘This is unacceptable.’ Not knowing what I would say to the next victim, I choose to stand with Judge Willis and affirm the judgment of guilty but mentally ill.”

The county prosecutor plans to ask the Indiana Attorney General’s office to petition the justices to reconsider the ruling, in part on grounds that Justice David – who supported overturning the man’s conviction – wasn’t on the appellate bench when the oral arguments occurred. If the Supreme Court’s ruling stands, the prosecutor can petition to have Galloway committed to a state mental hospital for an indeterminate amount of time.

Galloway, 38, remains imprisoned at Wabash Valley Correctional Facility, according to a state Department of Correction online database.•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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