Autism Defense Again

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A teenager accused of stabbing 15-year-old Elianne Andam to death in a row over a teddy bear has blamed autism in his defence to murder. Hassan Sentamu, 18, lashed out at Elianne with a kitchen knife during a post-breakup meeting in Croydon town centre with his ex-girlfriend and her group on September 27 last year, the Old Bailey was told on Monday morning (December 9).

The defendant, who was studying sports science at Croydon College, has admitted manslaughter but denied Elianne’s murder on the basis of 'loss of control' because he has autism. At the outset of the trial, Mrs Justice Cheema-Grubb said the key issue for jurors will be to decide if Sentamu is guilty of murder of manslaughter, and whether he lawfully carried a knife.

The admission means he must be guilty of murder or manslaughter," said the judge, adding: "He also admits carrying a kitchen knife, but claims he had a lawful reason. The issue for you to decide whether he is guilty of murder or manslaughter.

"His case will be that the killing was caused entirely by a loss of self-control because of his Autism Spectrum Disorder had substantially impaired his ability to exercise self-control."

But prosecutor Alex Chalk KC told jurors they may feel the 'dreadful attack' was a result of Sentamu's 'white-hot anger' after he felt 'disrespected' in public by girls on the day of the killing and previously. The barrister said the 2020 autism diagnosis, and Sentamu's 'disrupted childhood' was not disputed, rather it was their relevance to the case.

We will be noting very many entirely non-violent and law-abiding people in society have autism, and disrupted childhoods are sadly not uncommon," he told jurors, adding: "We will suggest to you that they do not and cannot sensibly amount to an excuse, justification or defence to the murder of Elianne Andam."

'Short fuse'
The defendant, then aged 17, was already armed with the kitchen knife when he took the bus from his home in New Addington, South London, to the Whitgift Centre on the morning of last September 27, jurors heard. He was on his way to a meeting with his ex-girlfriend, who he had split up with about 10 days before, and her group of friends, which included Elianne.

Mr Chalk told jurors: “The purpose of the meeting was to exchange belongings. (The ex-girlfriend) in particular was anxious to recover her teddy bear.”

During the meeting in a car park at the Whitgift shopping centre, Sentamu’s ex-girlfriend, who cannot be identified for legal reasons, stuck with her side of the bargain. She handed over a plastic bag containing his belongings but the defendant arrived empty-handed, without her teddy bear, jurors were told.

Mr Chalk said Elianne was 'aggrieved' so took the plastic bag back from Sentamu while he was walking outside the Whitgift Shopping Centre. “It was a gesture of solidarity with (her friend) that cost Elianne her life," said the prosecutor, adding: “The defendant chased after her, cornered her and used the kitchen knife to stab her repeatedly."

CCTV footage captured the attack, including Sentamu running from the scene and disposing of the knife. He was arrested 90 minutes later.

Sentamu had a “short fuse” and on the day of the killing, he came to the end of it, jurors heard. The prosecutor said: “His calculated decision to bring a knife to the scene meant that the consequences of that outburst for Elianne and her family were utterly devastating.”

Mr Chalk said the victim was a popular schoolgirl and according to one of her friends: “Everybody loved Elianne.” Members of Elianne’s family sat in the well of the court as Mr Chalk outlined the case against Sentamu.

Defense lawyers for the man accused of stabbing four Idaho college students to death in 2022 filed new motions this week suggesting they want to "strike" the death penalty as punishment in his trial in a request linked to "autism spectrum disorder."

Details in the motion remained unavailable Wednesday and the defense for the suspect, Bryan Kohberger, also made a request to "redact or seal newly filed records."

It's unclear how autism fits into the defense's legal strategy and whether Kohberger himself has ever been diagnosed or tested for autism spectrum disorder.

A gag order prevents many involved in the case from speaking publicly.

Kohberger, 30, faces the death penalty if found guilty at his trial, which is set to begin Aug. 11. He is accused in the murders of housemates Madison Mogen, 21; Kaylee Goncalves, 21; Xana Kernodle, 20; and Kernodle's boyfriend, Ethan Chapin, 20.

Experts say challenging the death penalty will be difficult in Idaho, where the law does not allow defendants to mount an insanity defense in criminal cases.

"An attempt to suggest that autism-related symptoms would automatically constitute any kind of defense in a criminal case is probably destined to fail," Dave Leroy, a former Idaho attorney general, told NBC's "TODAY" show.

Meanwhile, prosecutors have their own set of motions attempting to limit what the defense can submit at trial.

Prosecutors are asking Ada County Judge Steven Hippler to prohibit the defense from presenting testimony on the neurological and psychiatric evaluation of Kohberger; bar the defense from providing alibi evidence that isn't given directly by Kohberger; and disallow the defense from offering "alternative perpetrator" evidence or argument without first proving that it is relevant.

The trial of Joshua Rocha, the man convicted of first-degree murder in the killing of North Kansas City Police Officer Daniel Vasquez, continued Monday.

Vasquez was shot and killed on July 19, 2022. Last week, a jury found Rocha guilty of first-degree murder. Now, jurors must decide whether he will be sentenced to death or life in prison.

On Monday morning, the defense called to the stand Dr. Scott Bender, a clinical neuropsychologist and professor at the University of Virginia.

Bender diagnosed Rocha with Autism Spectrum Disorder (ASD).

He said that he looked at Rocha’s medical, academic and medical records as part of his evaluation. Bender also interviewed Rocha as part of his two-day evaluation, and spoke with several of Rocha’s family members.

When diagnosing someone with ASD, Bender said he’s looking for several things.

things.

“You’re looking for patterns across all those sources of information,” Bender said in court Monday.

He also noted that two tests were used to make sure Rocha’s responses were honest, given the nature of this case.

Bender said Rocha’s IQ score fell in the “borderline range,” just above intellectual disability but still below average.

“His scores reflect significant cognitive problems,” Bender said Monday.

He also noted that when Rocha was tested as a child, his scores were about the same.

“This is a disorder he’s had all along,” Bender said.

The neuropsychologist also said people with ASD can get fixated on certain things. The defense pointed to Rocha’s fixation on guns and making guns.

“It’s pretty clear those are examples of fixation,” Dr. Bender said. “He’s clearly fixated by making things, how things work, their inner workings.”

The prosecution questioned the tests Dr. Bender used and asked if any medical tests were conducted.

Bender said medical tests, like an MRI scan, show what the brain looks like—but it doesn’t show how the brain functions, like the tests he used to diagnose Rocha.