Autism Defense Again
26 Jun 2020, 4:08 pm
Expert witnesses are very relevant because triers of fact are allowed to hold a witness' mannerisms against them.
R. c. C.M., 2007 QCCS 6241 (CanLII)
[14] In our case, after having viewed the videotape of the accused’s statement to the police and after having listened to the wiretap evidence submitted in the prosecution’s case against M., Dr. Proulx’s evidence is ruled admissible under the four Mohan[6] criteria.
[15] It can be observed that M. is occasionally non-responsive to the interrogator’s questions, sometimes mute, never emotional, never protesting his innocence with vigour or passion, and this notwithstanding the astute abilities of the interrogator deployed to provoke responses. This comportment maybe linked to his retardation and autism, as referenced in Dr. Proulx’s report (VD5-2) and her “will say” statement (VD5‑1).
[16] Negative inferences as to his demeanour could be drawn by the jury, especially when considered in light of the gravity of the Plaza Glenwood offence. Given the particularities of M.’s profile, a “common sense” directive to assessing his credibility is not adequate in the circumstances.
[17] In other words, the jury is apt to come to a wrong conclusion about his demeanour, and ultimately his credibility, without the assistance of Dr. Proulx’s expertise.[7]
[18] The jury will be instructed as to the proper use to make of this expert evidence.
https://www.canlii.org/en/qc/qccs/doc/2007/2007qccs6241/2007qccs6241.html?searchUrlHash=AAAAAQAOYXV0aXNtZSBleHBlcnQAAAAAAQ&resultIndex=4
26 Jun 2020, 5:11 pm
An autism defence is totally appropriate as most crimes have as essential elements the mens rea.
Autistic people think differently so "common sense" inferences as to intent based upon various pieces of circumstantial evidence may not apply to an autistic person. To apply the "common sense" inferences appropriate to a neurotypical person to an autistic person may lead to a false conclusion as to mens rea.
Sometimes autistic people perceive things differently and may see threats that others do not. The idea of the reasonableness of a threat belief may be important and autism may be relevant as to what was subjectively perceived as threatening.
This judgement here is very interesting as to that. https://www.canlii.org/en/on/oncj/doc/2017/2017oncj521/2017oncj521.html?searchUrlHash=AAAAAQAeKyJhdXRpc20iKyJkcml2aW5nIisic2VudGVuY2UiAAAAAAE&resultIndex=1
[65] As I noted above, Mr. A.H.’s ASD was not raised during the liability phase of the trial. There was no argument put before the court that Mr. A.H.’ condition had any bearing on either the mens rea of the offence of dangerous driving causing death, or on the assessment of self-defence under s. 34 of the Criminal Code.
[66] However, there is no question that Mr. A.H.’ autism is a relevant factor in assessing the appropriate sentence. In the particular circumstances of this case, I find that it is a mitigating factor, although it also has relevance for assessing protection of the public as a factor in considering the appropriate sentence. In R. v. Davies, 2017 ONCA 467, the Court of Appeal recently reiterated (in relation to an adult sentence) the well-established principle that the fitness of a sentence depends not only on the seriousness of the crime and its consequences, but also on the moral blameworthiness of the offender. An offender’s personal circumstances inform the question of moral blameworthiness. This is true for young people as it is for adults: see A.O., supra.
[67] The information in the pre-sentence report about Mr. A.H.’s Autism Spectrum diagnosis is like the missing piece to the puzzle of the cause of Mr. A.H.’ overreaction to the circumstances he faced. As outlined in the pre-sentence report, ASD is a social and communication disorder. Individuals with ASD may have difficulty communicating and have difficulty in social situations. That this is true of Mr. A.H. is clear from the information in the pre-sentence report provided by the Assistant Principal and a teacher from Mr. A.H.’ high school, and from his mother. He is relatively high functioning in sense that he has completed high school, and does well academically. But it is clear from the pre-sentence report that social interaction is one of the primary areas where his ASD diagnosis is an issue. He does not like crowds, loud noises or bright lights. The Assistant Principal of his school describes him as “very socially awkward” at school. His mother advised the pre-sentence report writer that Mr. A.H. has rarely been involved in a situation where people were confrontational with him, and that he would have difficulty knowing how to respond to that. The Social Security Administration disability assessment filed at the sentencing hearing indicates that he has moderate difficulties in maintaining social functioning
26 Jun 2020, 5:17 pm
It is my belief that people who oppose "autistic defence" tend to not really know much about what a crime is thought to be, believe that there is an objective mens rea for all offences which is not true (there is for some but not all). That is, everyone is held to the reasonable person standard that is neurotypical and a "marked departure" from the reasonable person norm engages criminal responsibility when there is the prohibited result. Subjective mens rea offences inevitably require a personalised assessment not only with liability but also with sentencing which is why the Mandatory Minimums are so frowned upon in many circles as it takes that away.
Or that offences are even so much as strict liability, where the prohibited result is sufficient absent due diligence defence.
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01 Nov 2020, 5:15 am
Charlotte Kirk Says She’s a ‘Pariah,’ Was Groomed for ‘Commercial Sex’ in New Court Filing
Quote:
Charlotte Kirk, the actress accused of extorting money from some of Hollywood’s most powerful players, said in court documents filed last week that she has become a “pariah in the film industry” and that she was groomed at a young age to participate in “commercial sex.”
Kirk is currently suing her former lawyers and battling with Marty Singer (who represents James Packer, Brett Ratner and Avi Lerner) over an injunction which keeps her from pursuing legal action against any of the parties involved. She had relationships with former Warner Bros. CEO Kevin Tsujihara and former NBCUniversal vice chairman Ron Meyer, each of whom resigned over their involvement with Kirk.
In a declaration she gave in July (which was made public last week), Kirk said that when she moved to the U.S., she “fell in with the wrong group of people who sought to exploit and manipulate me, taking full advantage of my difficulty with social situations, due to my autism. I was constantly deceived and relentlessly taken advantage of, as if I was some toy to be passed amongst friends for their own personal amusement, or used as some kind of currency.”
“I am a pariah in the film industry, humiliated and unemployable,” she added. “I was diagnosed with Aspergers at the age of 8 and I have struggled with it since, comforted only by my therapeutic childhood dream of becoming a successful actor. My dreams however have been shattered by a gang of four powerful and sexually abusive men shielded by the lies of their attorney and enabler, Mr. Singer.”
Kirk is currently suing her former lawyers and battling with Marty Singer (who represents James Packer, Brett Ratner and Avi Lerner) over an injunction which keeps her from pursuing legal action against any of the parties involved. She had relationships with former Warner Bros. CEO Kevin Tsujihara and former NBCUniversal vice chairman Ron Meyer, each of whom resigned over their involvement with Kirk.
In a declaration she gave in July (which was made public last week), Kirk said that when she moved to the U.S., she “fell in with the wrong group of people who sought to exploit and manipulate me, taking full advantage of my difficulty with social situations, due to my autism. I was constantly deceived and relentlessly taken advantage of, as if I was some toy to be passed amongst friends for their own personal amusement, or used as some kind of currency.”
“I am a pariah in the film industry, humiliated and unemployable,” she added. “I was diagnosed with Aspergers at the age of 8 and I have struggled with it since, comforted only by my therapeutic childhood dream of becoming a successful actor. My dreams however have been shattered by a gang of four powerful and sexually abusive men shielded by the lies of their attorney and enabler, Mr. Singer.”
No jail for Worcester quizmaster who made indecent images of children
Quote:
A QUIZMASTER who admitted making hundreds of indecent images of children and having an interest in young boys, has escaped jail.
Judge James Burbridge said he was “satisfied” Marc Knowles case was one for which he did not need to hand out an immediate custodial sentence, and the 36-year-old would benefit from a sexual offences rehabilitation programme.
Knowles, who had been a quizmaster at pubs around Worcester including the New Inn in Ombersley Road and The Talbot in Barbourne, entered his pleas for the first time at the start of the Worcester Crown Court hearing on Wednesday.
He pleaded guilty to making 56 indecent images of children at category A (the most serious category) between February 18 and December 20, 2017.
Knowles also admitted making 215 indecent images at category B between the same dates and 572 indecent photographs of a child at category C between November 1 and December 20, 2017.
He also admitted having on December 20, 2017, a further seven prohibited images of children.
"He told the police he knew the ages of the boys, and therefore knew it was wrong."
He added that the sentencing guidelines for the most serious offence was a starting point of a year custody, up to three years.
Elizabeth Power, defending, highlighted that Knowles had been candid and honest, and had told the author of a report he had sought gratification from viewing the images.
But she said Knowles suffered from Aspergers syndrome so did not think of the real victims, pointed out Knowles had no previous convictions and had not committed any further offence in the three years since being charged.
Judge Burbridge said he could draw on Knowles' good character, his conduct with police, and he had not sought to meet a child.
He handed Knowles an 18 month community order, which includes the condition he must complete the accredited sex offences programme and 40 rehabilitation activity days, and gave him a two month curfew.
He was also given a sexual harm prevention order, and ordered to sign the sex offenders register for five years.
Judge James Burbridge said he was “satisfied” Marc Knowles case was one for which he did not need to hand out an immediate custodial sentence, and the 36-year-old would benefit from a sexual offences rehabilitation programme.
Knowles, who had been a quizmaster at pubs around Worcester including the New Inn in Ombersley Road and The Talbot in Barbourne, entered his pleas for the first time at the start of the Worcester Crown Court hearing on Wednesday.
He pleaded guilty to making 56 indecent images of children at category A (the most serious category) between February 18 and December 20, 2017.
Knowles also admitted making 215 indecent images at category B between the same dates and 572 indecent photographs of a child at category C between November 1 and December 20, 2017.
He also admitted having on December 20, 2017, a further seven prohibited images of children.
"He told the police he knew the ages of the boys, and therefore knew it was wrong."
He added that the sentencing guidelines for the most serious offence was a starting point of a year custody, up to three years.
Elizabeth Power, defending, highlighted that Knowles had been candid and honest, and had told the author of a report he had sought gratification from viewing the images.
But she said Knowles suffered from Aspergers syndrome so did not think of the real victims, pointed out Knowles had no previous convictions and had not committed any further offence in the three years since being charged.
Judge Burbridge said he could draw on Knowles' good character, his conduct with police, and he had not sought to meet a child.
He handed Knowles an 18 month community order, which includes the condition he must complete the accredited sex offences programme and 40 rehabilitation activity days, and gave him a two month curfew.
He was also given a sexual harm prevention order, and ordered to sign the sex offenders register for five years.
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Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
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02 Dec 2020, 5:09 am
High school teacher in Fresno gets jail for sending explicit messages to student, 15 Read more here: https://www.fresnobee.com/news/local/ar ... rylink=cpy
Quote:
A former Central High School-West teacher was sentenced Tuesday to two years probation and 180 days in the Fresno County Jail for sending explicit sexual messages to a 15-year-old student.
Fabian Botero, 31, was arrested last March and pleaded guilty in October to contacting a minor to commit a sexual offense.
Botero’s attorney Marshall Hodgkins tried to convince Judge Adolfo Corona to give his client no jail time, saying it will likely cost him his job. Botero was most recently a chemistry instructor at Fullerton College
Hodgkins also argued that Botero’s diagnosis of autism and his lack of criminal history should be considered mitigating factors.
Fabian Botero, 31, was arrested last March and pleaded guilty in October to contacting a minor to commit a sexual offense.
Botero’s attorney Marshall Hodgkins tried to convince Judge Adolfo Corona to give his client no jail time, saying it will likely cost him his job. Botero was most recently a chemistry instructor at Fullerton College
Hodgkins also argued that Botero’s diagnosis of autism and his lack of criminal history should be considered mitigating factors.
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
03 Dec 2020, 11:55 am
ASPartOfMe wrote:
High school teacher in Fresno gets jail for sending explicit messages to student, 15 Read more here: https://www.fresnobee.com/news/local/ar ... rylink=cpy
If the teacher was female the boy would be a legend at the school. But since it's a male teacher it's much worse. It's completely wrong regardless.
Quote:
A former Central High School-West teacher was sentenced Tuesday to two years probation and 180 days in the Fresno County Jail for sending explicit sexual messages to a 15-year-old student.
Fabian Botero, 31, was arrested last March and pleaded guilty in October to contacting a minor to commit a sexual offense.
Botero’s attorney Marshall Hodgkins tried to convince Judge Adolfo Corona to give his client no jail time, saying it will likely cost him his job. Botero was most recently a chemistry instructor at Fullerton College
Hodgkins also argued that Botero’s diagnosis of autism and his lack of criminal history should be considered mitigating factors.
Fabian Botero, 31, was arrested last March and pleaded guilty in October to contacting a minor to commit a sexual offense.
Botero’s attorney Marshall Hodgkins tried to convince Judge Adolfo Corona to give his client no jail time, saying it will likely cost him his job. Botero was most recently a chemistry instructor at Fullerton College
Hodgkins also argued that Botero’s diagnosis of autism and his lack of criminal history should be considered mitigating factors.
ASPartOfMe
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04 Dec 2020, 5:29 am
Quote:
Jessica Camilleri likely understood what she was doing when she stabbed her mother to death, removing her head in the process. But a forensic psychiatrist has told a Sydney court her capacity to control herself was substantially impaired by a slew of overlapping mental conditions.
Professor David Greenberg told the NSW Supreme Court on Friday that in addition to her mild intellectual disability and autism spectrum disorder, Ms Camilleri suffers from a rage disorder that causes her to lose control and "explode like a bomb" when provoked or triggered by stressors.
Ms Camilleri, 27, is on trial for the murder of her mother, Rita Camilleri, at the home the two women shared in the western Sydney suburb of St Clair on July 20, 2019. The court has heard Ms Camilleri stabbed her mother upwards of 100 times in the head and neck, eventually decapitating the 57-year-old who was her sole carer.
She has pleaded not guilty to the murder, with her defence arguing for the jury to find in favour of the alternative charge of manslaughter, saying she was substantially impaired by mental illness.
In Ms Camilleri's initial account of what happened to police, aired in court earlier this week via video recording, she told them she stabbed her mother "in self defence", that her mother "had a gutful", dragged her by the hair to the kitchen and threatened her with a knife.
Professor Greenberg told the court on Friday it was his opinion Ms Camilleri qualified for three primary diagnoses – intellectual disability disorder, autism spectrum disorder, and intermittent explosive disorder. These primary conditions then overlapped, he said, with traits of depression and anxiety, ADHD, obsessive compulsive disorder, and personality problems with narcissistic features.
Ms Camilleri's intellectual disability was "mild", Professor Greenberg said, saying tests conducted at various stages found her to function "well within the intellectual disability score". Despite this, she showed "good adaptive functioning" in that she could speak and write "relatively coherently", use the internet to track down phone numbers of people she harassed, and "understand basic legal concepts".
He told the court it was his opinion that when Ms Camilleri killed her mother and removed her head, she "likely had the capacity to understand the events and judge whether her acts were right or wrong".
However, he added, "her capacity to control herself was substantially impaired by her abnormality of mind arising from her overlapping conditions".
But a second forensic psychiatrist called to give evidence by Ms Camilleri's defence team, Richard Furst, said he would not diagnose the rage disorder given the presence of her other mental disorders – which he said were enough to explain her violent outbursts.
Dr Furst likened Ms Camilleri's explosions to "kids having tantrums ... this is an adult version of that".
Justice Helen Wilson questioned Professor Greenberg on how Ms Camilleri's decision to remove her mother's eyeballs sits with the intermittent explosive disorder diagnosis.
He said "it does sit with it in the sense that it’s still part of her rage episode", but that "it could also be more consistent with her autism spectrum disorder, her fascination for horror movies and body parts, decapitation, cannibalism, in her interest in these horror movies that she collected and views all the time."
Professor David Greenberg told the NSW Supreme Court on Friday that in addition to her mild intellectual disability and autism spectrum disorder, Ms Camilleri suffers from a rage disorder that causes her to lose control and "explode like a bomb" when provoked or triggered by stressors.
Ms Camilleri, 27, is on trial for the murder of her mother, Rita Camilleri, at the home the two women shared in the western Sydney suburb of St Clair on July 20, 2019. The court has heard Ms Camilleri stabbed her mother upwards of 100 times in the head and neck, eventually decapitating the 57-year-old who was her sole carer.
She has pleaded not guilty to the murder, with her defence arguing for the jury to find in favour of the alternative charge of manslaughter, saying she was substantially impaired by mental illness.
In Ms Camilleri's initial account of what happened to police, aired in court earlier this week via video recording, she told them she stabbed her mother "in self defence", that her mother "had a gutful", dragged her by the hair to the kitchen and threatened her with a knife.
Professor Greenberg told the court on Friday it was his opinion Ms Camilleri qualified for three primary diagnoses – intellectual disability disorder, autism spectrum disorder, and intermittent explosive disorder. These primary conditions then overlapped, he said, with traits of depression and anxiety, ADHD, obsessive compulsive disorder, and personality problems with narcissistic features.
Ms Camilleri's intellectual disability was "mild", Professor Greenberg said, saying tests conducted at various stages found her to function "well within the intellectual disability score". Despite this, she showed "good adaptive functioning" in that she could speak and write "relatively coherently", use the internet to track down phone numbers of people she harassed, and "understand basic legal concepts".
He told the court it was his opinion that when Ms Camilleri killed her mother and removed her head, she "likely had the capacity to understand the events and judge whether her acts were right or wrong".
However, he added, "her capacity to control herself was substantially impaired by her abnormality of mind arising from her overlapping conditions".
But a second forensic psychiatrist called to give evidence by Ms Camilleri's defence team, Richard Furst, said he would not diagnose the rage disorder given the presence of her other mental disorders – which he said were enough to explain her violent outbursts.
Dr Furst likened Ms Camilleri's explosions to "kids having tantrums ... this is an adult version of that".
Justice Helen Wilson questioned Professor Greenberg on how Ms Camilleri's decision to remove her mother's eyeballs sits with the intermittent explosive disorder diagnosis.
He said "it does sit with it in the sense that it’s still part of her rage episode", but that "it could also be more consistent with her autism spectrum disorder, her fascination for horror movies and body parts, decapitation, cannibalism, in her interest in these horror movies that she collected and views all the time."
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Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
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11 Dec 2020, 5:39 am
Jessica Camilleri not guilty of murder over decapitation of mother
Quote:
A woman obsessed with horror movies who used multiple steak knives to stab her mother to death and hack off her head has been found not guilty of murder, but guilty of manslaughter, due to her substantial mental impairment.
Camilleri pleaded not guilty to murder, with her defence counsel arguing her multiple mental illnesses resulted in a significant loss of capacity to control herself.
The court heard that, until her death, Rita Camilleri was the sole, full-time carer of her daughter, who suffers from mental conditions including autism spectrum disorder and an intellectual disability – and who was obsessed with gory horror movies including Texas Chainsaw Massacre and Jeepers Creepers.
Camilleri's sister Kristy Torrisi told the court she liked to watch movies where there was killing or dismemberment and "would pause and rewind at certain parts". Ms Torrisi said her sister would "go into somewhat of a frenzy" if the movies were confiscated.
The court also heard that Camilleri had a history of violent outbursts where she would grab people's hair and rip it out by the root; she would also harass strangers with "prank" phone calls in which she would threaten the person on the other end with decapitation.
Although Camilleri told police and triple zero operators that she stabbed her mother "in self-defence", she later told forensic psychiatrist David Greenberg that it was she who first attacked her mother.
Professor Greenberg told the court it was his opinion Camilleri understood what she was doing as she killed her mother, and that it was wrong. However, he said her multiple mental illnesses would have "substantially impaired" her ability to control herself when she flew into a rage after Mrs Camilleri tried to call triple zero to have her taken to the mental health unit at Nepean Hospital.
The court heard that in the lead up to the killing, a number of stressful events had occurred that likely caused a build-up of stress, and her mother's attempt to call an ambulance eventually "triggered" an explosion of rage.
Defence barrister Nathan Steel on Monday told the jury his client "lacked a capacity to control herself due to her underlying abnormality of mind" and she "clearly has a defence of substantial impairment".
He said was said the killing was "a triggered, explosive attack which was very clearly from a complete and utter loss of control".
Camilleri pleaded not guilty to murder, with her defence counsel arguing her multiple mental illnesses resulted in a significant loss of capacity to control herself.
The court heard that, until her death, Rita Camilleri was the sole, full-time carer of her daughter, who suffers from mental conditions including autism spectrum disorder and an intellectual disability – and who was obsessed with gory horror movies including Texas Chainsaw Massacre and Jeepers Creepers.
Camilleri's sister Kristy Torrisi told the court she liked to watch movies where there was killing or dismemberment and "would pause and rewind at certain parts". Ms Torrisi said her sister would "go into somewhat of a frenzy" if the movies were confiscated.
The court also heard that Camilleri had a history of violent outbursts where she would grab people's hair and rip it out by the root; she would also harass strangers with "prank" phone calls in which she would threaten the person on the other end with decapitation.
Although Camilleri told police and triple zero operators that she stabbed her mother "in self-defence", she later told forensic psychiatrist David Greenberg that it was she who first attacked her mother.
Professor Greenberg told the court it was his opinion Camilleri understood what she was doing as she killed her mother, and that it was wrong. However, he said her multiple mental illnesses would have "substantially impaired" her ability to control herself when she flew into a rage after Mrs Camilleri tried to call triple zero to have her taken to the mental health unit at Nepean Hospital.
The court heard that in the lead up to the killing, a number of stressful events had occurred that likely caused a build-up of stress, and her mother's attempt to call an ambulance eventually "triggered" an explosion of rage.
Defence barrister Nathan Steel on Monday told the jury his client "lacked a capacity to control herself due to her underlying abnormality of mind" and she "clearly has a defence of substantial impairment".
He said was said the killing was "a triggered, explosive attack which was very clearly from a complete and utter loss of control".
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
ASPartOfMe
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25 Apr 2021, 4:12 pm
Father says son with autism should not face charges for setting his home on fire
Quote:
A man, whose father says has autism is out of jail after being accused of setting the home on fire.
We spoke with Eric Hernandez's dad Mark, who said the 25-year-old man with autism has a child-like mind and should not be facing charges.
We're also told Hernandez, who is now out of jail, set the fire when his father went to pick up some medications for him. Mark said they were necessary seizure medications for his son but his car wouldn't start on the way back, which stalled him from getting home in a timely manner.
He says his son loves Toy Story and learned how to talk because of the movie. However, he also discovered a fascination with matches after watching the first film.
The family has a GoFundMe to help rebuild as they plan their next steps
We spoke with Eric Hernandez's dad Mark, who said the 25-year-old man with autism has a child-like mind and should not be facing charges.
We're also told Hernandez, who is now out of jail, set the fire when his father went to pick up some medications for him. Mark said they were necessary seizure medications for his son but his car wouldn't start on the way back, which stalled him from getting home in a timely manner.
He says his son loves Toy Story and learned how to talk because of the movie. However, he also discovered a fascination with matches after watching the first film.
The family has a GoFundMe to help rebuild as they plan their next steps
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
25 Apr 2021, 4:18 pm
Kraichgauer wrote:
Like we need another killer associated with us.
Yeah, even though it's pretty toxic I prefer to ignore it instead. I believe if we react every time there is another killer or bad criminal associated with us, it would only make people think about the association more.
ASPartOfMe
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26 May 2021, 9:44 pm
Murder defendant who stabbed parents after job loss goes on trial
Quote:
A Syosset family's three-bedroom ranch turned into "a house of horrors" after a son who had argued with his parents about losing his job stabbed his mother 47 times with a steak knife, ending her life before trying to kill his father, a prosecutor said Tuesday.
Ian Kazer, now 31, left his mother Frances Kazer "butchered and bleeding" on the kitchen floor of the Syosset Circle home on March 20, 2019, before attacking his father, Howard Kazer, when the man returned home from picking up a pizza, according to prosecutor Nicole Aloise.
"The defendant's only intent that night was to kill," she told State Supreme Court Justice Angelo Delligatti.
But the defense team for Kazer, who is standing trial for allegedly murdering his 66-year-old mother and trying to do the same to his father, now 71, didn't contest during opening statements in his Nassau County Court trial that he carried out the killing.
Instead, Kazer's attorney Daniel Russo told Delligatti, who is presiding in the nonjury trial, that the case was a "horrific tragedy" and his client "acted under the influence of extreme emotional disturbance."
The Garden City lawyer said the evidence would show there was a reasonable explanation for such a disturbance from Kazer's viewpoint, "however inaccurate that perception might be."
Under state law, a successful "extreme emotional disturbance" defense would mean that Kazer would be found not guilty of murder but guilty of first-degree manslaughter.
Russo said Kazer was diagnosed as a young boy with autism spectrum disorder and significant other psychological problems, had attended special education classes throughout his schooling, and began taking psychiatric medication at age 6.
The defense attorney said Kazer's stress from being fired from his job at the Target store in Westbury that day, after stealing gift cards because of "compulsion, not greed" and then being arrested, kicked off "a perfect storm" in the defendant's head that led to the violence.
But Aloise portrayed the defendant as a greedy son who carried out a "harrowing attack." The prosecutor said it was indisputable that the defendant's Asperger's syndrome diagnosis was evident when he later spoke to homicide detectives about the events in his home. But Aloise called it "irrelevant to the defendant's intent" and "irrelevant to his murderous acts."
Ian Kazer, now 31, left his mother Frances Kazer "butchered and bleeding" on the kitchen floor of the Syosset Circle home on March 20, 2019, before attacking his father, Howard Kazer, when the man returned home from picking up a pizza, according to prosecutor Nicole Aloise.
"The defendant's only intent that night was to kill," she told State Supreme Court Justice Angelo Delligatti.
But the defense team for Kazer, who is standing trial for allegedly murdering his 66-year-old mother and trying to do the same to his father, now 71, didn't contest during opening statements in his Nassau County Court trial that he carried out the killing.
Instead, Kazer's attorney Daniel Russo told Delligatti, who is presiding in the nonjury trial, that the case was a "horrific tragedy" and his client "acted under the influence of extreme emotional disturbance."
The Garden City lawyer said the evidence would show there was a reasonable explanation for such a disturbance from Kazer's viewpoint, "however inaccurate that perception might be."
Under state law, a successful "extreme emotional disturbance" defense would mean that Kazer would be found not guilty of murder but guilty of first-degree manslaughter.
Russo said Kazer was diagnosed as a young boy with autism spectrum disorder and significant other psychological problems, had attended special education classes throughout his schooling, and began taking psychiatric medication at age 6.
The defense attorney said Kazer's stress from being fired from his job at the Target store in Westbury that day, after stealing gift cards because of "compulsion, not greed" and then being arrested, kicked off "a perfect storm" in the defendant's head that led to the violence.
But Aloise portrayed the defendant as a greedy son who carried out a "harrowing attack." The prosecutor said it was indisputable that the defendant's Asperger's syndrome diagnosis was evident when he later spoke to homicide detectives about the events in his home. But Aloise called it "irrelevant to the defendant's intent" and "irrelevant to his murderous acts."
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
ASPartOfMe
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Joined: 25 Aug 2013
Age: 66
Gender: Male
Posts: 34,415
Location: Long Island, New York
31 May 2021, 9:51 am
Shane Heseltine-Holland jailed for repeatedly raping a child more than a decade ago
Quote:
A former grammar school boy has been jailed after repeatedly raping a child more than a decade ago - while aged 13.
Shane Heseltine-Holland, now 27, attacked his victim four to five times during a campaign of “manipulation, coercion and control.”
The former Dover Grammar School pupil was jailed for 29-months at Canterbury Crown Court for the attacks, carried out about 14 years ago.
His sentencing was adjourned earlier this year for psychiatric reports, to investigate potential learning difficulties and his claims of suffering “high functioning autism.”
But psychiatrists refuted his self-diagnosis telling the court it served as self-distraction from being an “opportunistic sex offender.”
Dr Musfaza Husain said Heseltine-Holland: “Self-identifies with ‘high functioning autism’ partly as a means to reduce personal culpability for what he did against the victim.
“I think such a self identity also sustains his self-esteem against the more painful awareness and shame of being an opportunistic child sex offender."
However, the psychiatrist conceded Heseltine-Holland’s “toxic” upbringing may have contributed to his horrifying behaviour.
Judge Mark Weekes sympathised with Heseltine-Holland’s “deeply troubled childhood” but voiced worries over his attitude as an adult.
“I am concerned to see elements of victim blaming and self-justification within the pre-sentence report, and to note that even as a fully grown adult, you seem unable fully to appreciate the fact that your sexual behaviour was directed towards a young girl who could not possibly have understood or appreciated what was going on,” he said.
Shane Heseltine-Holland, now 27, attacked his victim four to five times during a campaign of “manipulation, coercion and control.”
The former Dover Grammar School pupil was jailed for 29-months at Canterbury Crown Court for the attacks, carried out about 14 years ago.
His sentencing was adjourned earlier this year for psychiatric reports, to investigate potential learning difficulties and his claims of suffering “high functioning autism.”
But psychiatrists refuted his self-diagnosis telling the court it served as self-distraction from being an “opportunistic sex offender.”
Dr Musfaza Husain said Heseltine-Holland: “Self-identifies with ‘high functioning autism’ partly as a means to reduce personal culpability for what he did against the victim.
“I think such a self identity also sustains his self-esteem against the more painful awareness and shame of being an opportunistic child sex offender."
However, the psychiatrist conceded Heseltine-Holland’s “toxic” upbringing may have contributed to his horrifying behaviour.
Judge Mark Weekes sympathised with Heseltine-Holland’s “deeply troubled childhood” but voiced worries over his attitude as an adult.
“I am concerned to see elements of victim blaming and self-justification within the pre-sentence report, and to note that even as a fully grown adult, you seem unable fully to appreciate the fact that your sexual behaviour was directed towards a young girl who could not possibly have understood or appreciated what was going on,” he said.
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
ASPartOfMe
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Joined: 25 Aug 2013
Age: 66
Gender: Male
Posts: 34,415
Location: Long Island, New York
03 Jun 2021, 9:49 pm
ASPartOfMe wrote:
Murder defendant who stabbed parents after job loss goes on trial
Quote:
A Syosset family's three-bedroom ranch turned into "a house of horrors" after a son who had argued with his parents about losing his job stabbed his mother 47 times with a steak knife, ending her life before trying to kill his father, a prosecutor said Tuesday.
Ian Kazer, now 31, left his mother Frances Kazer "butchered and bleeding" on the kitchen floor of the Syosset Circle home on March 20, 2019, before attacking his father, Howard Kazer, when the man returned home from picking up a pizza, according to prosecutor Nicole Aloise.
"The defendant's only intent that night was to kill," she told State Supreme Court Justice Angelo Delligatti.
But the defense team for Kazer, who is standing trial for allegedly murdering his 66-year-old mother and trying to do the same to his father, now 71, didn't contest during opening statements in his Nassau County Court trial that he carried out the killing.
Instead, Kazer's attorney Daniel Russo told Delligatti, who is presiding in the nonjury trial, that the case was a "horrific tragedy" and his client "acted under the influence of extreme emotional disturbance."
The Garden City lawyer said the evidence would show there was a reasonable explanation for such a disturbance from Kazer's viewpoint, "however inaccurate that perception might be."
Under state law, a successful "extreme emotional disturbance" defense would mean that Kazer would be found not guilty of murder but guilty of first-degree manslaughter.
Russo said Kazer was diagnosed as a young boy with autism spectrum disorder and significant other psychological problems, had attended special education classes throughout his schooling, and began taking psychiatric medication at age 6.
The defense attorney said Kazer's stress from being fired from his job at the Target store in Westbury that day, after stealing gift cards because of "compulsion, not greed" and then being arrested, kicked off "a perfect storm" in the defendant's head that led to the violence.
But Aloise portrayed the defendant as a greedy son who carried out a "harrowing attack." The prosecutor said it was indisputable that the defendant's Asperger's syndrome diagnosis was evident when he later spoke to homicide detectives about the events in his home. But Aloise called it "irrelevant to the defendant's intent" and "irrelevant to his murderous acts."
Ian Kazer, now 31, left his mother Frances Kazer "butchered and bleeding" on the kitchen floor of the Syosset Circle home on March 20, 2019, before attacking his father, Howard Kazer, when the man returned home from picking up a pizza, according to prosecutor Nicole Aloise.
"The defendant's only intent that night was to kill," she told State Supreme Court Justice Angelo Delligatti.
But the defense team for Kazer, who is standing trial for allegedly murdering his 66-year-old mother and trying to do the same to his father, now 71, didn't contest during opening statements in his Nassau County Court trial that he carried out the killing.
Instead, Kazer's attorney Daniel Russo told Delligatti, who is presiding in the nonjury trial, that the case was a "horrific tragedy" and his client "acted under the influence of extreme emotional disturbance."
The Garden City lawyer said the evidence would show there was a reasonable explanation for such a disturbance from Kazer's viewpoint, "however inaccurate that perception might be."
Under state law, a successful "extreme emotional disturbance" defense would mean that Kazer would be found not guilty of murder but guilty of first-degree manslaughter.
Russo said Kazer was diagnosed as a young boy with autism spectrum disorder and significant other psychological problems, had attended special education classes throughout his schooling, and began taking psychiatric medication at age 6.
The defense attorney said Kazer's stress from being fired from his job at the Target store in Westbury that day, after stealing gift cards because of "compulsion, not greed" and then being arrested, kicked off "a perfect storm" in the defendant's head that led to the violence.
But Aloise portrayed the defendant as a greedy son who carried out a "harrowing attack." The prosecutor said it was indisputable that the defendant's Asperger's syndrome diagnosis was evident when he later spoke to homicide detectives about the events in his home. But Aloise called it "irrelevant to the defendant's intent" and "irrelevant to his murderous acts."
Syosset man found guilty of manslaughter in mother's killing
Quote:
A judge on Thursday convicted a 31-year-old autistic man of manslaughter, finding he was experiencing an extreme emotional disturbance when he fatally stabbed his mother in their family's Syosset home in 2019.
State Supreme Court Justice Angelo Delligatti also found Ian Kazer not guilty of second-degree murder and guilty of attempted murder, assault and grand larceny.
Defense attorney Brian Griffin said in his closing argument that Kazer stabbing his 66-year-old mother 47 times was "the definition of a loss of control" and that the autistic man had "snapped" after a volcanic argument with his parents about his firing and arrest.
He called Kazer's actions "the picture of an extreme emotional disturbance" — a legal defense whereby a defendant can be found not guilty of murder but guilty of the lesser charge of manslaughter. One of the prongs of that legal defense includes proving that someone has profoundly lost self control.
But prosecutor Nicole Aloise had argued the defendant was "in complete control" when he attacked his parents and that the case was "not about autism" but about the son's "intentional acts."
She told Delligatti the defendant had fantasized about killing his parents and finally had the motivation to act, turning his family's Syosset Circle residence into "a house of horrors."
Delligatti called Frances Kazer's killing "horrible" and also said from the bench Thursday that deciding a verdict in the case was one of the most difficult decisions he'd ever had to make as a judge.
Delligatti said he believed the defendant was triggered and lost control, killing his mother because he was "very much affected" by her reaction during the argument. The son had been used to seeing his mother as his "protector" and someone "who took care of his needs," the judge added.
But Delligatti said the extreme emotional disturbance defense failed when it came to the son's attack on his father.
During the trial, forensic psychologist and attorney Joe Scroppo testified for the defense that Ian Kazer was "very seriously impaired" by autism and ADHD and lost control because he believed his parents were going to kick him out of the family's home after their argument. He said what Kazer believed to be true at the time triggered emotional difficulties that led to the violence after his parents said "there was no future for him" and "his life was over."
But forensic psychiatrist Jeremy Colley testified for the prosecution that the defendant didn't profoundly lose control.
Prosecutors also had alleged Ian Kazer had wanted to be free from his parents' control and was resentful when he lashed out because he knew after losing his job he would have to rely on them more than ever with no income of his own
The defendant now faces 5 to 25 years in prison on his top convictions of manslaughter and attempted murder, according to his lawyers.
A spokesman for Nassau District Attorney Madeline Singas said her office would decline to comment Thursday on the verdict or whether prosecutors would seek consecutive sentencing. But a release from Singas' office said later Thursday that Kazer faces a potential maximum sentence of 51 1/3 to 54 years in prison.
The judge scheduled sentencing for July 19.
State Supreme Court Justice Angelo Delligatti also found Ian Kazer not guilty of second-degree murder and guilty of attempted murder, assault and grand larceny.
Defense attorney Brian Griffin said in his closing argument that Kazer stabbing his 66-year-old mother 47 times was "the definition of a loss of control" and that the autistic man had "snapped" after a volcanic argument with his parents about his firing and arrest.
He called Kazer's actions "the picture of an extreme emotional disturbance" — a legal defense whereby a defendant can be found not guilty of murder but guilty of the lesser charge of manslaughter. One of the prongs of that legal defense includes proving that someone has profoundly lost self control.
But prosecutor Nicole Aloise had argued the defendant was "in complete control" when he attacked his parents and that the case was "not about autism" but about the son's "intentional acts."
She told Delligatti the defendant had fantasized about killing his parents and finally had the motivation to act, turning his family's Syosset Circle residence into "a house of horrors."
Delligatti called Frances Kazer's killing "horrible" and also said from the bench Thursday that deciding a verdict in the case was one of the most difficult decisions he'd ever had to make as a judge.
Delligatti said he believed the defendant was triggered and lost control, killing his mother because he was "very much affected" by her reaction during the argument. The son had been used to seeing his mother as his "protector" and someone "who took care of his needs," the judge added.
But Delligatti said the extreme emotional disturbance defense failed when it came to the son's attack on his father.
During the trial, forensic psychologist and attorney Joe Scroppo testified for the defense that Ian Kazer was "very seriously impaired" by autism and ADHD and lost control because he believed his parents were going to kick him out of the family's home after their argument. He said what Kazer believed to be true at the time triggered emotional difficulties that led to the violence after his parents said "there was no future for him" and "his life was over."
But forensic psychiatrist Jeremy Colley testified for the prosecution that the defendant didn't profoundly lose control.
Prosecutors also had alleged Ian Kazer had wanted to be free from his parents' control and was resentful when he lashed out because he knew after losing his job he would have to rely on them more than ever with no income of his own
The defendant now faces 5 to 25 years in prison on his top convictions of manslaughter and attempted murder, according to his lawyers.
A spokesman for Nassau District Attorney Madeline Singas said her office would decline to comment Thursday on the verdict or whether prosecutors would seek consecutive sentencing. But a release from Singas' office said later Thursday that Kazer faces a potential maximum sentence of 51 1/3 to 54 years in prison.
The judge scheduled sentencing for July 19.
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
ASPartOfMe
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Joined: 25 Aug 2013
Age: 66
Gender: Male
Posts: 34,415
Location: Long Island, New York
04 Jul 2021, 7:24 am
A man charged with terrorism has Asperger’s condition, according to the court.
Quote:
A court heard that a man accused of planning terrorist attacks and declaring that “all Muslims must die” has been diagnosed with Asperger’s syndrome.
Richard Smith, 28, is accused of making preparations “with the purpose to commit acts of terrorism” at homes in Aberdeen and elsewhere in Scotland between August 2018 and November 2019.
He’s accused of having and producing explosives and powders, as well as having a large amount of military-style gear and weaponry.
He is also accused of creating and possessing texts, movies, and guidelines on paramilitary survival and resistance, combat skills, and “advancing anti-Muslim, neo Nazi, and other racist causes,” among other things.
A follow-up report on the impact of that diagnosis on Mr Smith’s behavior is now required.
One charge is in violation of the Terrorism Act of 2000, while the other is in violation of the Terrorism Act of 2006.
Smith, who denies all charges, is also accused of mailing photographs affiliated with the Nazi party and communications containing “grossly insulting” language to another individual, as well as texting a relative claiming that “all Muslims must die.”
In addition, he faces charges under the Poisons Act of 1972 and the Explosive Substances Act of 1883.
Smith’s lawyer, Ronnie Renucci QC, told the High Court in Glasgow on Thursday that his client was diagnosed with Asperger’s after the defense was given permission to have him checked by an expert.
“I got concerned about his presentation and wondered if he was on the autistic spectrum,” he said.
Richard Smith, 28, is accused of making preparations “with the purpose to commit acts of terrorism” at homes in Aberdeen and elsewhere in Scotland between August 2018 and November 2019.
He’s accused of having and producing explosives and powders, as well as having a large amount of military-style gear and weaponry.
He is also accused of creating and possessing texts, movies, and guidelines on paramilitary survival and resistance, combat skills, and “advancing anti-Muslim, neo Nazi, and other racist causes,” among other things.
A follow-up report on the impact of that diagnosis on Mr Smith’s behavior is now required.
One charge is in violation of the Terrorism Act of 2000, while the other is in violation of the Terrorism Act of 2006.
Smith, who denies all charges, is also accused of mailing photographs affiliated with the Nazi party and communications containing “grossly insulting” language to another individual, as well as texting a relative claiming that “all Muslims must die.”
In addition, he faces charges under the Poisons Act of 1972 and the Explosive Substances Act of 1883.
Smith’s lawyer, Ronnie Renucci QC, told the High Court in Glasgow on Thursday that his client was diagnosed with Asperger’s after the defense was given permission to have him checked by an expert.
“I got concerned about his presentation and wondered if he was on the autistic spectrum,” he said.
Correction “I saw his presentation and thought of a way to have my Nazi client not held accountable”
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
ASPartOfMe
Veteran
Joined: 25 Aug 2013
Age: 66
Gender: Male
Posts: 34,415
Location: Long Island, New York
26 Sep 2021, 6:42 am
Man accused of murder appears in court
Quote:
Brian Cohee II, who is accused of killing 69-year-old Warren Barnes, appeared in court for a preliminary hearing on Wednesday.
During the court proceeding, several people took the stand, including a police officer and investigator.
Investigator Peter Burg was one of the people to testify. He said that the suspect is believed to have stabbed Barnes 30-40 times before decapitating him.
Burg, during an interview, stated that he believed Cohee has a mental illness, including depressive disorder, and he also believed Cohee has Asperger’s Syndrome.
During the court proceeding, several people took the stand, including a police officer and investigator.
Investigator Peter Burg was one of the people to testify. He said that the suspect is believed to have stabbed Barnes 30-40 times before decapitating him.
Burg, during an interview, stated that he believed Cohee has a mental illness, including depressive disorder, and he also believed Cohee has Asperger’s Syndrome.
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
ASPartOfMe
Veteran
Joined: 25 Aug 2013
Age: 66
Gender: Male
Posts: 34,415
Location: Long Island, New York
17 Oct 2021, 6:57 am
Paedophile spared jail after blaming Asperger's and ADHD for sick obsession
Quote:
Benjamin Heron, 28, was caught with photos of naked or semi-clothed 11 to 14-year-old girls in provocative poses. It was the second time Heron was snagged with vile pictures, having been detained with more than 1,000 disturbing files included images of children being raped in 2018, but a lenient judge gave him "a last chance" yesterday. Heron's 16-month jail term was suspended for the maximum two years and he walked free from court again.
The defendant, who has been jobless for eight years, admitted he had the latest images for "sexual gratification".
But sentencing at Liverpool Crown Court, Judge David Swinnerton said Heron's Asperger's syndrome gave the man an "obsessively narrow interest".
"You in your pre-sentence report are keen to point out your struggles. I accept there are struggles with autism - you have as I understand it been diagnosed with both ADHD and Asperger's," the judge added.
One of the features often of Asperger's is having a kind of obsessively narrow interest. If your obsessively narrow interest is indecent images of children then there is a real problem there for you and for society.
"It's not an excuse - it does not give you a defence that you struggle with Asperger's, do you understand that?
"It's part of the explanation perhaps but it's no excuse, because you know, you know this is wrong, and you did it nonetheless.
When Heron was in court in December 2018 after possessing the 1,000 twisted files, he was given a community order and a five-year Sexual Harm Prevention Order (SHPO) in December 2018.
But he breached this order by deleting his internet history and downloading more sick pictures, Liverpool Echo reports.
Mr Hopkins said when Heron was interviewed he confessed and "accepted he had them for the purpose of sexual gratification".
Andrew McInnes, defending, said: "He suffers from Asperger's and ADHD, diagnosed while he was at school."
He said Heron accepted the case against him and described it to the author of the pre-sentence report as a "relapse”.
The defendant, who has been jobless for eight years, admitted he had the latest images for "sexual gratification".
But sentencing at Liverpool Crown Court, Judge David Swinnerton said Heron's Asperger's syndrome gave the man an "obsessively narrow interest".
"You in your pre-sentence report are keen to point out your struggles. I accept there are struggles with autism - you have as I understand it been diagnosed with both ADHD and Asperger's," the judge added.
One of the features often of Asperger's is having a kind of obsessively narrow interest. If your obsessively narrow interest is indecent images of children then there is a real problem there for you and for society.
"It's not an excuse - it does not give you a defence that you struggle with Asperger's, do you understand that?
"It's part of the explanation perhaps but it's no excuse, because you know, you know this is wrong, and you did it nonetheless.
When Heron was in court in December 2018 after possessing the 1,000 twisted files, he was given a community order and a five-year Sexual Harm Prevention Order (SHPO) in December 2018.
But he breached this order by deleting his internet history and downloading more sick pictures, Liverpool Echo reports.
Mr Hopkins said when Heron was interviewed he confessed and "accepted he had them for the purpose of sexual gratification".
Andrew McInnes, defending, said: "He suffers from Asperger's and ADHD, diagnosed while he was at school."
He said Heron accepted the case against him and described it to the author of the pre-sentence report as a "relapse”.
_________________
Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
It is Autism Acceptance Month
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
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