State can't use medication evidence to counter insanity defense in fatal crash, Georgia court says
In the prosecution of a Georgia woman who caused a fatal car crash while suffering a psychotic break, the state cannot use evidence that she had stopped taking some of her psychiatric medications to counter her insanity defense, the state's highest court ruled Wednesday.
Michelle Wierson was driving her Volkswagen Tiguan at high speed through the streets of DeKalb County, in Atlanta 's suburbs, when she hit a Toyota Corolla stopped at a traffic light. The impact pushed the car into the intersection where it collided with another car. Miles Jenness, a 5-year-old passenger in the Toyota, suffered a traumatic brain injury and a severed spine and died days later.
Everyone agrees that Wierson caused the September 2018 wreck. Her defense attorneys filed notice that she intended to plead not guilty by reason of insanity, saying that at the time of the wreck she was suffering from a 'delusional compulsion' caused by mental illness that absolves her of criminal liability. The DeKalb County district attorney's office wanted to present evidence that Wierson had stopped taking some medication prescribed to treat bipolar disorder, arguing that the jury should be allowed to consider that she voluntarily contributed to her mental state.
The trial court said the state could use that evidence, but the state Court of Appeals reversed that ruling in a pretrial appeal. The state then appealed to the state Supreme Court, which upheld the intermediate appeals court's ruling.
An Atlanta-area psychologist with a years-long history of bipolar disorder, Wierson believed at the time of the crash that she was on a mission from God to save her daughter from being killed, her lawyers have said.
Georgia law outlines two tests for someone seeking to use an insanity defense at trial. Both have to do with the person's mental state 'at the time of' the alleged crime. The first says a person shall not be found guilty of a crime if they 'did not have mental capacity to distinguish between right and wrong' related to the act. The second says a person shall not be found guilty of a crime if the person acted because of 'a delusional compulsion' that 'overmastered' their will.
An expert hired by the defense and another engaged by the court found that Wierson met both of those criteria. Justice Andrew Pinson wrote in Wednesday's majority opinion that the law says nothing about the cause of the person's mental state at the time of the crime.
'Put simply, the plain language of the insanity-defense statutes gives not even a hint that these defenses would not be available to a person who has 'brought about' the relevant mental state voluntarily, whether by not taking medication or otherwise,' he wrote.
Robert Rubin, a lawyer for Wierson, has said that his client is 'haunted by the tragic consequences' of her actions. But he said in an email Wednesday that he hopes the Supreme Court ruling will allow the case to be resolved without a trial.
'The Georgia Supreme Court reaffirmed the basic principle that the focus of an insanity case is the defendant's state of mind at the time of the act,' he wrote. 'The State never disputed that our client was insane at the time of the accident. Its attempt to make this case about alleged medication compliance was misplaced and dragged this case out unnecessarily.'
The DeKalb County district attorney's office did not immediately have a comment Wednesday. Bruce Hagen, a lawyer for the Jenness family said in an email that he was 'very disappointed, although not surprised' by the high court's ruling.
In its ruling on this case, the Supreme Court also overturned its own ruling in a 1982 case that had created an exception to the insanity defenses. That case involved a man diagnosed with paranoid schizophrenia who, against his doctor's orders, put himself in a highly stressful situation and ended up killing two people.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Guardian
2 hours ago
- The Guardian
‘Ticking time bomb': Ice detainee dies in transit as experts say more deaths likely
A 68-year-old Mexican-born man has become the first Ice detainee in at least a decade to die while being transported from a local jail to a federal detention center, and experts have warned there will likely be more such deaths amid the current administration's 'mass deportation' push across the US. Abelardo Avellaneda Delgado's exact cause of death remains under investigation, according to Ice, but the Guardian's reporting reveals a confusing and at times contradictory series of events surrounding the incident. The death occurred as private companies with little to no oversight are increasingly tasked with transporting more immigration detainees across the US, in pursuit of the Trump administration's recently-announced target of arresting 3,000 people a day. 'The system is so loaded with people, exacerbating bad conditions – it's like a ticking time bomb,' said Amilcar Valencia, executive director of El Refugio, a Georgia-based organization that works with detainees at Stewart detention center and their families. Avellaneda Delgado lived most of the last 40 years in the US, raising a large family, working on tobacco and vegetable farms – and never gaining legal immigration status. He was arrested in Statenville, Georgia on 9 April due to a parole violation – and died on 5 May in the back of a van about half-way between the Lowndes county jail and Stewart detention center. His family say their search for answers has been frustrating, and have hired an attorney to help. Two of Avellaneda Delgado's six children who lived with their father told the Guardian he had no health conditions before being detained – but somehow was put in a wheelchair during the weeks he spent in jail, and was unable to speak during a family visit. The Guardian learned that he was given medications while in jail. 'Junior' Avellaneda, who bears his father's name and is the youngest, said he and his sister, Nayely, were rebuffed several times in their attempts to visit their father during the 25 days he was in jail, receiving emails that said only 'visit request denied'. Screenshots of the emails were shared with the Guardian. On 4 May, Junior finally was allowed a visit and drove the 30 minutes from the house where he lives with his father and Nayely, in Statenville. At the jail, he was shocked to see his father brought out in a wheelchair. 'My heart drops,' Junior said of the moment he saw Abelardo Sr. 'I'm thinking, 'What's he doing in the wheelchair?' Junior, 32, said he had never seen his father like that. The two sat facing each other, with a glass partition between them. 'I tried to get his attention and tapped on the glass. He was zoned out. At one point, he tried to stand up and fell back on his chair.' 'He didn't make eye contact with me and kept bobbing his head left and right,' he said. Junior asked a jail staffer accompanying Abelardo, Sr to hold the phone to his ear. 'I said, 'Dad, please answer me! Say something to me!' He just said, 'Hmmmm.' It broke me.' The staffer told Junior: 'We gave him his medication, that's probably why he's that way.' He thought, what medication? His father never took any medications at home, he said. Lowndes county jail's Capt Jason Clifton told the Guardian that Avellaneda Delgado was kept in the medical unit of the jail. Asked why, he referred to 'a note in the system that says he hadn't been eating enough, and didn't like the food'. 'I don't believe he was on any medications,' Clifton said. 'I don't see anything in the medical chart.' Told about Junior's account, the captain checked with the jail's nurse, who listed five medications being given to Avellaneda Delgado, two of which were for high blood pressure, plus an antibiotic. The morning after Junior's visit, the local jail handed Avellaneda Delgado over to Ice, for transport to Stewart detention center. Several hours later, Webster county coroner Steven D Hubbard was called to Weston, Georgia, where the van transporting Avellaneda Delgado had stopped on 5 May, after the driver called 911. A text summarizing the call sent by police to Hubbard said Avellaneda Delgado was 'unresponsive', with a blood pressure of 226/57. When the coroner arrived at the scene, he was already dead. The coroner told investigative reporter and immigration researcher Andrew Free he suspected that an aortic aneurysm was the cause of death. The Guardian heard a recording of the interview. Hubbard told the Guardian he doesn't know where the blood pressure reading cited in the text summarizing the 911 call came from – 'but if that was his blood pressure when he left Lowndes, he shouldn't have been going to Stewart. He should've been going to the hospital.' Avellaneda Delgado's family only learned of his death because the Mexican consulate in Atlanta called Nayely with the news – a pattern seen in most deaths under Ice custody, said Valencia, of El Refugio. 'You want to know what happened, but you face a system that is stopping access every step of the way,' he said. Ice's press release on the incident says the death is 'under investigation'. But Clifton and Hubbard both told the Guardian no one has contacted them, more than a month later. The family has learned there are at least two public agencies and three private companies that may have answers about what happened: Lowndes county and Ice; plus CoreCivic, which runs Stewart; CoreCivic's wholly-owned subsidiary TransCor, the company paid to transport detainees; and Southern Health Partners, the company paid to provide healthcare to detainees in Lowndes county jail. The Guardian asked Ice, TransCor and CoreCivic about the incident – including whether vans and buses transporting immigration detainees are equipped with cameras. Ice and TransCor did not respond. Ryan Gustin, senior director of public affairs for CoreCivic, said: 'At TransCor, the safety and security of the public, our staff, and those entrusted to our care are our highest priorities. To that end, we do not publicly disclose how the TransCor fleet is equipped, related to safety and security equipment.' Transportation of detainees is more under the control of private companies than in the past, said Katherine Culliton-González, chief policy counsel at Citizens for Responsibility and Ethics in Washington. TransCor president Curtiss D Sullivan titled the company's 2025 first quarter outlook 'The Time for Growth is Now'. CoreCivic's TransCor is not the only company growing its transport business under Trump; the Geo Group, which runs 16 immigration detention centers across the country, also has a transportation subsidiary. Added to the privatization of services needed for Trump's mass immigration push is the decimation of agencies performing federal oversight of Ice – including the Office for Civil Rights and Civil Ciberties (CRCL) and the Office of the Immigration Detention Ombudsman (Oido), said Culliton-González. In this setting, 'how can we hold private companies accountable?' she said. The issue of oversight will be increasingly important as more health issues and deaths follow the increasing number of detainees being transported around the country. 'Ice right now is all about more people coming in, and pushing them through [to deportation],' said Dora Schriro, a consultant on immigration and former Ice official. 'As input/output grows – not just in size, but in speed – the likelihood of making mistakes is going to increase,' Schriro said. 'Ice should make sure every person they take from law enforcement is fit for travel – for the length and conditions of being transported.' Avellaneda Delgado was the first Ice detainee in at least a decade to die while being transported from a local jail to a federal detention center, said Free, who also wrote about the case for ACPC, an Atlanta-based digital outlet. Meanwhile, Avellaneda Delgado's children just spent their first Father's Day without him. The day was doubly difficult for the youngest because it was also his birthday. Heavy rains kept the family from visiting Avellaneda Delgado's grave. 'It bothers me,' Junior said. Then he added: 'He was a great grandfather.'
BBC News
4 hours ago
- BBC News
Llandudno women in hospital after car crashes into lamp post
Two women have been taken to hospital after a car crashed into a lamp services were called to the incident on Cwm Road in Llandudno, Conwy county, at 20:30 BST on other vehicles were involved in the crash, however the extent of the women's injuries is not yet clear, said North Wales Fire and Rescue.
The Sun
6 hours ago
- The Sun
I'm slowly losing my brilliant Dad to dementia – but now I'm tormented by a fear his demise could've been easily avoided
WATCHING my dad Mick cry sitting on the bottom stair when I was 11 years old in 1990 is a memory I can recall far too easily. Confused, I asked my mum Irene what was going on. I was told he was on new antidepressants and it would take some time for him to get used to the dose. 14 14 I knew what depression was, I'd read about it in magazines, but it was the first time I was told my beloved dad – who was just 43 at the time – had it. It's been 35 years since that memory. But every single one of those days since he's taken medication, which has chemically levelled out his poor mental health. When he was diagnosed with Alzheimer's and dementia in 2020, the memory of hearing his sobbing didn't even register – until a few weeks ago. New research brought it screaming back into my mind. A study from the University of Nottingham, published last month, suggested having depression in midlife could increase the risk of Alzheimer's by as much as 56 per cent. My wonderful dad is one of about a million people in the UK living with dementia - a figure that's set to rise to 1.4million people by 2040. According to the charity Alzheimer's UK, depression is one of 14 modifiable and potentially preventable risk factors of the condition, so what if the depression I watched him live with throughout my childhood has contributed to or even caused the diagnosis which ultimately will end his life? Professor Jacob Brain, from the Institute of Mental Health and School of Medicine at the University of Nottingham who led the research, says the findings from the study need to be acted upon. 'Our study shows depression is linked to an increased risk of dementia in both midlife and late life,' he says. 'This highlights the importance of recognising and treating depression across the life course, not just for mental health, but also as part of a broader strategy to protect brain health. 'Public health efforts need to place greater emphasis on preventative brain health, including scaling up access to effective mental health care.' Around 2.5million people took part in the study, which concluded that feelings like my dad had in midlife – specifically in your 40s and 50s - more than doubled the risk of developing the condition. And with dementia costing the UK £42billion today, rising to £90billion by 2040, there's an urgency to treat midlife mental health to potentially reduce both the diagnosis statistics and the cost of dementia to the already struggling NHS. My dad doesn't know anything about the link between the two conditions, but it's all I can think about. While talking therapies were in their infancy back in the 90s, his midlife mental health and diagnosis could be inextricably connected. After crying on the stairs, his new dosage kicked in and he bounced back to the father I adored, who I used to make bread with and play chess with. Yet while clinical psychology has been in existence since the 1890s, it's only after his dementia diagnosis five years ago he was offered a psychologist to talk to. Until that time, his only help was a pill. It leaves me wondering whether his dementia would have occurred had his depression been treated and cured, rather than medicated for decades – and that's something I'll never have an answer to. I dread not knowing my grandchildren's names when I see them. I can't imagine the hurt they'll feel when that day comes and that's heartbreaking Mick O'ReillyDad Dementia is considered a terminal illness because it's degenerative and there's no cure. On average, life expectancy is between five and 10 years after diagnosis, and my amazing, funny, kind, smart and wonderful dad is halfway through that timeline. When he was diagnosed, under mum's advice, he wrote letters to both my brother Michael and I, as well as his four grandchildren, to be opened when he's not around anymore. The bomb blast of his diagnosis in our tight knit family was, and continues to be, devastating. My three children Eddie, 21, Sammy, 16, and Annie, 14, all cried on hearing the news. 14 14 14 14 Watching him forget simple words like 'pasta' or struggling to recall what a sofa is called has been challenging at best and devastating at worst. His passion for poetry and art is dwindling as his confusion mounts and his thousand-yard stare becomes something we grow accustomed to. But given the fact that around 13 per cent of people over the age of 65 suffer from depression, our family can't be the only ones living with a dementia diagnosis after midlife depression, which was left treated but not cured in the 1980s and 1990s. 'It's hard to admit it, but I'm terrified' By Mick O'Reilly, written in November 2020 after being diagnosed IN my heart I knew I had something wrong with me before it was diagnosed as dementia and Alzheimer's. For the last two years when I've woken in the night I don't know where I am and it takes a few seconds, sometimes a minute or two, to remember I'm at home. Despite living here for 36 years, if I'm out with my wife, Irene, I forget what the front of the house looks like. I've grown familiar with those feelings, that uncertainty, but labelling them – while it felt like being hit with a brick – was a relief. I'd worried it was a brain tumour and while people might think I'm mad to prefer this diagnosis to a brain tumour, it's just how I feel. It's hard to admit I'm frightened but I am. I'm terrified. I've had almost 50 years of marriage with Irene and we've raised a family – while those memories will go for me, she has plenty that will last her. The same with my children Michael and Clare; we've had holidays to Barry Island, Prestatyn and Scarborough with fish and chips and pickled cockles on the beach. We've had plenty of Christmases and birthdays together. I've watched them graduate from university and have their own children, but it's my four grandchildren I'm most saddened for. I've only had six years with my youngest grandchild, Michael, and whatever memories we make together will have to last him forever and they might fade for him as he grows up. I know I won't be present when it happens but I dread not knowing their names when I see them. I can't imagine the hurt they'll feel when that day comes and that's heartbreaking. Having had epilepsy for 41 years and thousands of seizures, many of which I had no idea were coming, I'm familiar with uncertainty, with not knowing what will happen next. But I do know this diagnosis isn't going anywhere and I have to accept that. I'm reminded of it every time I watch The Chase. I used to be able to get a few questions right, now I'm very lucky if I get one. Despite staring down the barrel of an abyss though, I don't feel sorry for myself. Why would I? I'll be ignorant in bliss, it's the family I love who'll have the hardship, not me. I feel guilty they'll have to endure the hurt that comes with this diagnosis – with being forgotten – but I'm helpless to prevent it. I'm not scared either, we all have to go some time and I've had a life far richer than a lot of people. I know Clare says at my essence I'm a decent bloke and will still be that even when I'm not anchored by my history or a past or family I've forgotten, but I can't help but wonder who I'll be when I've forgotten myself. The new research brings together existing evidence, but also adds fresh analysis to examine the relationship between the two conditions in more detail. 'Our findings raise the possibility that depression late in life may not just be a risk factor, but it could also be an early warning sign of dementia beginning to develop,' says Mr Brain. 'By clarifying this timing, our work helps guide future research, treatment, and prevention strategies. 'We specifically focused on the timing of when depression was measured, whether it was measured in midlife or in later life, and calculated how much it increased the risk of developing dementia. 'This essentially allowed us to provide a more accurate and up-to-date picture of how depression at different life stages is linked to dementia risk.' 'Bitter pill to swallow' While Alzheimer's UK says depression is a risk factor that can be attributed to three per cent of dementia cases, around 13 per cent of people over the age of 65 suffer from the condition, and my dad is one of them. With the publication of the findings from the University of Nottingham, Alzheimer's UK is calling on the UK Government and NHS to set ambitious and achievable new diagnosis rate targets. Dr Richard Oakley, associate director of research and innovation at Alzheimer's Society, says even more research will help establish the correlation and relationship between the two conditions. 'The relationship between depression and dementia is a complicated topic,' he says. 'While there is a connection, the association is still unclear, and we don't fully understand the specific changes that link these two conditions. 'We know that depression is a risk factor for dementia and some research suggests treating depression may reduce the risk of developing dementia in the future. 'This is why getting the right support for depression is important.' 14 14 14 It's too late for my dad to get the help that might have changed his diagnosis. There's a possibility he would have been diagnosed anyway but – like his antidepressants in the 1990s – it's a bitter pill to swallow. He still takes the 'happy pills' as he used to call them. And while there are glimpses of the dad who I grew up adoring, they're becoming fewer and further apart. I was too little to do anything back in 1990; his wonderful GP unaware of the link and his devoted wife – my mum – couldn't have known either. I do know there'll be an equivalent 'me' though – kids across the UK are living with parents with depression in their midlives. So for the sake of their adult selves, I hope the research findings are acted upon before another generation has to watch a parent they adore disappear in front of their eyes. 14 14 14 14
