Autism Defense Again

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The defense for Martin Farnsworth, the teen accused of bringing a homemade bomb to Pine View High School earlier this year, is putting some of the blame on the Washington County School District.


Attorney Edward Flint argues a case in St. George, Utah, Aug. 28, 2017 | File photo via Utah court pool, St. George News
Defense attorney Edward Flint told St. George News the school district failed to find out that Farnsworth had autism spectrum disorder, which he said is a legal requirement through the Individuals with Disabilities Education Act.

Because Farnsworth’s teachers and school administrators didn’t have him tested for a mental or emotional disorder because of his “quirks,” Flint said Farnsworth didn’t receive enough resources to help his autism.

“I’m not saying the school district built an incendiary device and took it to school and tried to ignite it,” Flint said. “But they had a duty to find out if he had autism, and they failed in that duty.”

Because the school district “utterly failed,” Flint said there is grounds for legal action to be filed against school officials.

Farnsworth, 16, is scheduled to stand trial in March on charges of attempted murder and using a weapon of mass destruction. He allegedly brought a homemade bomb to Pine View High School on March 5. The bomb never detonated and no one was injured, but the incident caused the entire school to be evacuated.

Farnsworth also is accused of vandalizing Hurricane High School Feb. 15 by painting “ISIS is comi” and raising a flag for the Islamic State outside the school.

Flint said the Washington County School District ignored Farnsworth’s problems instead of making sure he was receiving the help he needed, especially when he was being bullied at Hurricane High School. Farnsworth wasn’t diagnosed with autism until after he was charged with bringing the bomb to school.

Steve Dunham, a spokesman for the Washington County School District, said it’s not the responsibility of teachers or the school district to be on the lookout for every warning sign of a mental disability in all of their students.

“Typically, parents come to us after they’ve received a medical diagnosis,” Dunham said. “And then we’ll administer the test to see what the children qualify for and what the services they’re eligible for under the IDEA Act.”

There are occasions when a teacher may report a student’s warning signs to parents, but those circumstances are much more rare, Dunham said.

“Our license is to educate; we don’t have a license to diagnose a child with autism or with any disability,” Dunham said.

With the motion, Flint said he’s seeking lesser charges for Farnsworth that would fit better with what actually happened, like a charge for using an incendiary device. Without naming any specific names, he compared the prosecutors in Farnsworth’s case to former President George W. Bush’s false claims of weapons of mass destruction before invading Iraq in 2003.

“Apparently, we haven’t learned anything from (Bush),” Flint said. “This is the same thing. They’re trying to make this kid out to be an ISIS terrorist and implicitly demonizing him because he’s autistic.”

A psychologist described Nicholas Godejohn on Thursday as a loner with autism spectrum disorder and a low-average IQ.

Dr. Kent Franks, a Springfield psychologist, testified in Godejohn’s defense as Godejohn stands trial on a first-degree murder charge in the June 2015 killing of Clauddine “Dee Dee” Blanchard.

Franks said he interviewed Godejohn in December 2015 and then again in July 2016, for about 11 hours total.

Franks said his conclusion is that Godejohn has autism spectrum disorder level 2 requiring substantial support with accompanying intellectual impairment.

Franks said with that diagnosis, it would be difficult for Godejohn to deliberate. Deliberation is a necessary component of first-degree murder, which is the charge Godejohn is facing.

One of Godejohn’s defense attorneys said in opening statements Tuesday that Godejohn did not have the mental ability necessary for deliberation, and a less serious conviction would be more appropriate.

Prosecutors disagree.

After the defense rested on Thursday afternoon, prosecutors called a different psychologist, Robert Denney, as a rebuttal witness.

Denney said he also examined Godejohn and diagnosed him with the less severe autism spectrum disorder level 1.

Denney said Godejohn scored particularly well in a judgment test that Denney administered.

A Wisconsin man was convicted Friday in the stabbing death of a Missouri woman who forced her daughter for years to pretend to be disabled as part of a fraud scheme.

Nicholas Godejohn, 29, of Big Bend, Wisconsin, faces life in prison without the possibility of parole after being found guilty of first-degree murder. He will be sentenced in February.

Defense attorneys argued that Blanchard’s daughter, Gypsy Blanchard, manipulated Godejohn into killing her mother in order to escape from an abusive home life. They argued Godejohn’s, who is autistic, didn’t have the mental abilities required for premeditation, The Springfield News-Leader reported.

A 12- year-old was arrested two years ago for felony battery after hitting an Okeechobee County teacher.

His mother, Luanne Haygood, argues her son, John Benjamin Haygood, should have never been arrested, and the school does not know how to handle children with disabilities.

The family will be in court Monday to determine if John Benjamin is competent .

Haygood's son, John Benjamin Haygood, was arrested in May of 2017 for kicking and punching his teacher.
Now John Benjamin goes to a school specifically for children with autism and the mother says he is doing well.
But he still faces criminal charges.

The court demanded John Benjamin be evaluated by two court ordered experts, both who stated he was incompetent for trial.

However, the prosecuting attorney stated he wanted the opportunity to question those experts.

One expert says the boy was incompetent because of age and the other stated it was age and mental illness.
Haygood’s attorney believes the case should be dismissed.

An 8th grader in Collin County is facing serious charges after police say he threatened to shoot up his school.

The student is diagnosed with autism and his parents say what happened is all a big misunderstanding because of his condition.

Cole McLain, 13, who has autism, spent 44 days in a juvenile detention center in McKinney.

How he ended up behind bars begins in Frisco in October when Lori says a classmate reported Cole had developed a "kill list" of students and staff at Maus Middle School.

He was arrested and a district investigation determined his behavior to be "a manifestation of the student's disability."

“They said it was a misguided conversation that they didn't have a hit list,” Lori explained.

Then in November there was another report, this time at the Community ISD school that Cole transferred to.

According to a district police investigation summary, Cole became agitated when a teacher at Edge Middle School told him he was sitting in the wrong seat.

As class began, the report says Cole looked at the teacher and said, "We'll shoot this school too."

He was questioned and days later arrested again.

But when it comes to children with autism, experts say it isn't clear cut.

“They don't understand what they're saying,” said Leigh Richardson, clinical director of Brain Performance Center in Dallas.

After a detention hearing on Thursday, Cole was released into the arms of his mom and dad.

Cole still faces a lengthy legal battle, one his parents hope leads to a change about how incidents involving students with special needs are handled.

“I hope this doesn't happen to anybody else who has autism. It’s just wrong,” Cole McLain said.

For now, Cole will remain on house arrest.

His parents say he could face 12 months on probation.

A man who planned to kill 100 people in a London terror attack was instructed by an Islamic State (IS) commander to make the British people "pay in their blood", a court has heard.

Lewis Ludlow, 27, from Rochester in Kent, said he was told to set off a truck bomb after being refused permission to leave the UK.

He then carried out "reconnaissance" and planned to target Oxford Street.
Ludlow pleaded guilty in August to preparing acts of terrorism.

Defence barrister Rebecca Trowler QC earlier told the court Ludlow was "a vulnerable man" because of his mental health difficulties, his autism and associated depression.

Opening arguments started Tuesday in the trial of a former Ft. Bliss soldier accused of stabbing a transgender prostitute 24 times in 2016.

Cell phone tower records and surveillance footage led detectives to Spec. Anthony Michael Bowden, who was charged with murder in the killing of 36-year-old Erykah Tijerina.

Defense attorney William Ahee said that Tijerina was blackmailing Bowden, who has Aspergers Syndrome thus making it difficult for him to understand social cues.

During a sexual encounter Ahee said Bowden discovered Tijerina was male, and that she knowingly exposed Bowden to HIV, as she had tested positive since she was 17.

Tijerina demanded $200 from Bowden, and threatened to use put his photo on Craigslist advertising sex with men, and tell the Army he paid her for sex and was arranging her sexual encounters, according to Ahee's opening arguments.

The El Paso County Medical Examiner’s Officer ruled her death a homicide.

In footage of Bowden's second police interview, he admitted to slashing Tijerina. "I grabbed the chisel and stabbed her to death - mainly in the back until he stopped breathing," said Bowden, who then told detectives he destroyed the clothes he was wearing and and Erykah's phone. "I took the phone because I thought that was the only way you guys would find me," Bowden said in the footage.

Prosecuting attorney Denise Butterworth asked the jury to remember the legal definition of self defense. She said one has to be in imminent danger in order to use the argument.

In a sworn statement detailed in the affidavit, Isiah Williams, a friend of Bowden, told detectives that Bowden sent him a text message in which he admitted to killing Tijerina.

Family members of two of the four suspects accused of plotting to bomb a Muslim enclave say the teens have a form of autism called asperger's syndrome. It's raising legal questions about how it could impact proseuction.

Local defense attorney James Nobles says it will not be a factor in how Brian Colaneri and Andrew Crysel are prosecuted.

"There is no legal reduction in any type of criminal situation for your mental capacity. What the law requires in New York for mental capacity, the only out that you have is potentially a finding of not guilty by reason of mental defect," said Nobles.

He says the defense, however can through mitigation, ask the prosecution and the court for leniency based on the defendant's status on the spectrum.

"But the reality is, as crimes get very serious, like the case they're talking about here, it's much harder to excuse conduct based on mitigating circumstances because the potential harm was so great," said Nobles.

The case has caught the attention of a local support group known as AutismUp.

"People with aspergers syndrome do not have an intellectual disability or cognitive impairment," said Rachel Rosner, a mother of two children with autism and Director of AutismUp.

"Having a disability is not an excuse for bad behavior," said Rosner. "People tend to think about even young adults with disabilities as being children. These are legal adults who are responsible for their own choices, disabilities or not."

Rosner also says people with autism are more likely to be victims of crime and not perpetrators, and this case highlights the need to continue to eliminate the stereotypes and educate more people about autism

Steven Yang Fitzgerald said he thought a woman had been flirting with him, so he went into the room where she slept, believing she had invited him there.

The woman said she woke up and found someone had crawled into bed behind her. She thought it was Fitzgerald’s roommate – the man she had just begun seeing – and said she wanted to have sex. Moments later, she realized the man touching her was Fitzgerald.

She immediately reported what happened to police.

Police interrogated Fitzgerald, who offered an unexpected defense: He said he has Asperger’s syndrome, a high-functioning type of autism that in the past has led him to misconstrue other people’s social cues.

Fitzgerald was charged with a list of sex crimes, the most serious was first-degree unlawful sexual penetration. It carries a mandatory 8 1/3-year prison sentence under Oregon’s Measure 11 sentencing law.

In the following months, two questions hung over the case: Did Fitzgerald, 29, know what he’d done? And how -- if at all -- should the criminal justice system punish a defendant who claims to have a history of misinterpreting other people’s wishes and intentions?

The prosecutor repeatedly asked Fitzgerald’s defense attorney for a psychological evaluation, which could include a formal diagnosis of Asperger’s syndrome. But as the months wore on, Fitzgerald’s side handed over nothing, and the validity of his autism defense remained in question.

Complicating the case was the woman’s encouragement when she awoke and mistook Fitzgerald for his roommate.

He also told them that his Asperger’s had in the past made it difficult for him to read other people, but he’s worked hard in recent years to do a better job.

None of several other people in the house that morning or afternoon said they observed the woman give any indication that she wanted to have sex with Fitzgerald before she went into the bedroom to take a nap, according to investigators. All of them said Fitzgerald’s account was simply inaccurate, police said.

The unusual case was scheduled to go to trial next week in Multnomah County Circuit Court.

But last week, days before trial, Fitzgerald agreed to plead no contest to felony coercion for compelling the woman into having unwanted contact with him. He was sentenced to 60 days in jail, three years of probation and a list of conditions, including a mental health evaluation, sex offender treatment, a letter of apology to his victim and a $2,000 payment to her as well.

He also pleaded no contest to second-degree sexual abuse -- a charge that will be dismissed if he follows all court orders over the next 1 ½ years. If he fails to follow the orders, he could face prison time to be determined by a judge.

Fitzgerald’s defense attorney, Michael Levine, said he had advised his client not to go to trial because he faced a state court system that allows only 10 of 12 jurors to agree on a guilty verdict and, if he lost, a long time in prison under Measure 11.

Leading up to the plea hearing, Fitzgerald and his attorney offered no proof that Fitzgerald had Asperger’s syndrome, such as an evaluation. That undermined one key aspect of his defense.

But she told The Oregonian/OregonLive that even though she received no reports documenting Asperger’s, she’s still open to seeing them, even at this point in the case. “We would welcome it – if they exist,” Marrero said.

Then inexplicably, nearly a week after the plea, Levine did send Marrero an evaluation of his client.It’s unclear what the report says. It’s also unclear if the report will have any impact on Fitzgerald’s case.

Levine declined comment. Marrero said she can’t comment because the report is confidential.

She agreed to the plea deal, she said, because of the unique circumstances of the case, including the mistaken identity and the woman’s response before she realized Fitzgerald was the one touching her.

The sentence ensures Fitzgerald will get the sex offender treatment he needs, Marrero said. He also will have to follow a strict set of rules for the next three years, she said.

The agreement was reached after consulting the victim, she said. The woman didn’t attend the sentencing hearing.

The prosecutor repeatedly asked Fitzgerald’s defense attorney for a psychological evaluation, which could include a formal diagnosis of Asperger’s syndrome. But as the months wore on, Fitzgerald’s side handed over nothing, and the validity of his autism defense remained in question.

A ‘sexually promiscuous’ minister was sacked from the Church of Scotland after having an affair with a married woman and fondling himself in front of a colleague.

Rev Dr Elijah Wade Smith, 32, was emotionally abusive to his girlfriend and humiliated her in public as well as cheating on her with a 19-year-old, according to a Presbyterial Commission report.

His shocking behaviour was described as "contrary to the Word of God" by church officials who also said "he abused your duty of trust", and "failed to maintain a proper line between your pastoral duties and your friendship".

The Church of Scotland set up a commission to review the behaviour of the Glasgow minister following allegations of misconduct against "several women" and 11 charges between 2015 and last year.

ust a month into his post he began a ten-day affair with a parishioner who was in the process of divorcing her husband - but who was technically still married and was "seeking healing".

He had sex with a 19-year-old despite being in a committed relationship and also cheated on his girlfriend with one of her pals.

Dr Smith allowed women to stay over at the manse, despite the risk of the congregation finding out.

The disgraced minister called his girlfriend 'a mess, a dog and failure' which the Kirk said amounted to "emotional and psychological abuse and bullying behaviour".

He embarrassed her in public by commenting on her "clothes, behaviour and stupidity."

During the investigation into the allegations, Dr Smith, who has a Doctorate from St Andrew's University, entered a special plea of being diagnosed with Asperger's syndrome.

He wrote in a blog post that the condition means: "All too often I misinterpret what I am told."

A man called police on two separate groups of black women at an apartment complex, and the ladies believe their race played a factor.

The encounters took place at the swimming pool inside of The Edition Apartments on East-West Highway in Hyattsville, Maryland this past weekend.

The incidents were recorded, in part, and posted on Twitter and YouTube.

On Saturday, Felecia Soso told her Twitter followers she and six of her friends were relaxing at the swimming pool when they were approached by a man complaining about glass bottles the group had with them.

The man was later identified as Nick Starr-Street, who is a resident at the apartment complex.

Starr-Street told WUSA9 he noticed the glass bottles from his apartment window and decided to go to the pool to get proof that the women were breaking a rule.

In the first video posted on Soso's Twitter account, you can see Starr-Street recording one of the women and telling her "glassware is not allowed at the pool."

The woman in the video agreed to get rid of the glass and ask, "What else do I need to do for you to be comfortable?"

Starr-Street responded in the video, "I'm going to report you to the leasing office."

Soso wrote someone from the leasing office came to speak to them, and then posted a video of what appeared to be Starr-Street calling the police.

The Hyattsville Police Department showed up to speak to the women. They shared their side of the story and eventually decided to leave the pool.

On Sunday, Gaëlle Claude posted a video on Twitter that showed Starr-Street following her and a friend while on the phone with 911.

Her caption read, "This white man literally stalked us from his apartment for damn near a mile just cause we were at the pool drinking wine and taking pictures. Called the police and all...I cannot make this up."

Starr-Street said that, similarly to the day before, he spotted the two women who he was recorded following with glass at the pool from his apartment window.

e posted a video on YouTube that shows him approaching the women at the pool.

As he approached the women, you can hear them say, "This is too much. Please get that camera out of my face."

Starr-Street said one of the women assaulted him by knocking the phone out of his hand and bruising his chest.

He claimed that he was only following the women because they were trying to leave before police could arrive.

According to the Hyattsville Police Department, "the women alleged the man had then followed them from the apartment building to a business. The man stated he followed them because one of them had slapped his phone from his hand during the initial argument."

Officers could not verify a crime occurred and called the alleged infractions isolated and misdemeanors, according to a statement on the police department’s Facebook page.

Claude and Starr-Street were allowed to go their separate ways without arrests, but both parties planned to press charges for alleged harassment and alleged assault.

Starr-Street shared his account of what happened with WUSA9 on Tuesday morning.

He claimed his reaction to call police on both groups of black women had nothing to do with race.

"My sense of right and wrong is 0 or 100. I don't care," Starr-Street said.

He explained that he called security on a group of white women at the pool on Monday, but admitted he never recorded them or called Hyattsville police.

"I'm autistic. I just see right and wrong," Starr-Street explained. "I don't see race. I don't see gender. I don’t see color. I don't see any of that."

According to Ambitious About Autism, a charity for people with autism, it is common for some people on the autism spectrum to become single-minded.

"It's one thing to have a 'special interest,' but it’s another to have a serious obsession," the website states.

"I think because of the way that my mind works, I don't always click with other people," Starr-Street told WUSA9. "I don't understand when people get upset over the things that I say or do. To me, that’s just how I feel."

This is not the first time Starr-Street has been at the center of a social media firestorm and controversy.

In 2016, he made an insensitive comment to a popular drag queen on Twitter days after the deadly mass shooting at Pulse Nightclub.

The tweet read, "Seriously @RoxxxyAndrews? Isn't she a has-been not a star? Where her people at? I thought they were all shot."

He later apologized for the comment.

WUSA9 discovered Starr-Street has a history of making racially-charged, anti-LGBTQ, and explicit posts on social media.

Starr-Street said he has been receiving death threats, the front door of his home has been vandalized, and said he currently does not feel safe living in his apartment.

On Thursday, Dutchess County District Attorney William Grady announced his office will move to dismiss arson charges against Vincent Carozza, in the interest of justice.

According to the indictment, Carozza attempted to start a fire and cause damage to a building knowing that other people were present while a resident at the Taconic Developmental Services in Amenia in October 2018.

Fox reports, Carozza told police he set a cookbook on fire and put a battery and fork in the microwave and turned it on to burn the place down.

After he was arraigned, at the request of his attorney, Carozza, who has autism, was found incompetent to stand trial and he remains confined at Sunmount, a state facility for people with Developmental Disabilities, officials say.

“During the pendency of this case I have both personally met with and later spoken to Mr. Carozza’s father to better understand his son’s needs and to explain how the criminal process works," Grady said. "In an effort to facilitate the competency process and an eventual disposition of the criminal case coupled with mental health programing, I requested and recommended placing Mr. Carozza in an 'outpatient status' under a rarely used section of the Criminal Procedure Law so that he could continue to receive the necessary 'competency' treatment at or near home with his family support system. This would then provide the beneficial environment consistent with our efforts to resolve this case. Unfortunately, I have today been notified by Deborah Chard-Wierschem, Director of the Bureau of Intensive Treatment Services for the New York State Office for People with Developmental Disabilities (OPWDD), that after a clinical review, my request and recommendation has been denied. Although Dr. Chard-Wierschem would not discuss the case any further, it was clear that Ms. Chard-Wierschem felt that Sunmount was better equipped to deal with Mr. Carozza’s developmental disability issues. In light of this decision and all of the other facts and circumstances surrounding this case, we feel that the New York State Office for People with Developmental Disabilities is the appropriate agency to address Mr. Carozza’s unique needs."

According to Grady, a dismissal in the interest of justice will allow OPWDD to determine what treatment or services are best for Carozza.

A man accused of threatening to commit a "Bourke Street-style" mass killing wants mental health support and hasn't been able to access enough of it in custody, his mother says.

Stephen Macras, 33, appeared by video link in the County Court of Victoria on Tuesday to make a fresh bid for bail.

He is charged with making a false bomb threat, stalking a police officer and harassing him via email, as well as assaulting two other officers and using a sword on the day he was arrested in April.

An earlier bail attempt by Macras in July fell flat when a magistrate was unconvinced that some of his alleged threats over email - including to "kill everyone" and commit a "Bourke Street-style" mass killing - were empty.

Macras' lawyer Nelson Brown argued his client should be considered for bail as he is a vulnerable person dealing with mental health issues and diagnosed with Aspergers.