Attorneys for Michael John Anderson argued Thursday (Feb. 26) that he would be denied due process in his first-degree murder trial if the jury was not allowed to hear information about Asperger’s syndrome.
The trial is set to start March 16, with jury selection taking a week and opening arguments set for March 23.
Anderson, 20, of Savage, is accused of killing Katherine Ann Olson, 24, of Cottage Grove in his parents’ home at 12649 Kipling Ave. in October 2007. Police say Anderson used a fake Craigslist ad to lure Olson to the home and subsequently shot her in the back. He then put her body in the trunk of her car and drove it to the nearby Rudy Kraemer Park Preserve and also disposed of her purse and broken cell phone, plus a bloody towel with his name written on it to cover up the crime.
Defense attorney Alan Margoles said in an omnibus hearing in November 2008 that Anderson has been diagnosed with Asperger’s syndrome and was “laboring under it” so that he “didn’t know the nature of his actions or that they were wrong.”
In his arguments this week to allow the introduction of information into Anderson’s trial about Asperger’s, Margoles maintained the average person is not familiar with the developmental disorder, which is a form of autism. “It is pervasive and difficult to comprehend,” Margoles argued, and does not fall within a legal definition of diminished mental capacity as allowed for in Minnesota law.
Margoles likened Anderson’s mental capacity to that of Mr. Spock in Star Trek.
He said Mr. Spock had analytical reasoning, but no emotion. “He operated on pure logic. He had no sympathy, no empathy, no regret, no remorse. He was civil, but not kind. He was cold, but not bad or evil. He thought differently than others on the ship.”
Anderson is much the same as Mr. Spock; except that his condition is not voluntary, it is genetic, Margoles continued. “But the difference is that Mr. Spock knew of his reliance on logic and that he was different from the others,” he said. “Mr. Anderson does not know that.”
Not guilty
Before making his arguments to Judge Mary T. Theisen about Asperger’s syndrome, Margoles informed the court that Anderson was withdrawing a motion to allow for a mental illness defense. And he was pleading not guilty to the charges against him – first-degree and second-degree murder.
Margoles also stipulated to the court that Anderson was the only person involved in the case. What’s more, Anderson held the gun that killed Olson when it went off, but due to physical-coordination issues associated with his Asperger’s syndrome, her death may have been accidental.
The judge requested Anderson agree to the stipulations for the record, so Margoles sat down and asked his client if he wanted to drop the mental illness defense; if he held the gun when it went off and when Olson was shot and killed; and if he agreed to wave his right to challenge that someone else shot Olson.
Anderson solemnly answered “yes” to each question.
Those not hearing his answers in the courtroom were members of either the Anderson or Olson families; both families were absent from the pre-trial hearing.
Before this week’s pre-trial hearing, both the prosecutors and defense presented written arguments to the court about Anderson’s Asperger’s diagnosis and the mental illness defense.
http://www.chaskaherald.com/news/courts ... -trial-102
A jury should know that mild autism is responsible for a murder suspect's apparent lack of remorse for killing a woman who responded to his online ad for a babysitter, his lawyer argued Thursday in Scott County court.
Defense attorney Alan Margoles stopped short of saying that Michael John Anderson's Asperger's Syndrome was responsible for his decision to shoot Katherine Ann Olson in October 2007. But it is the cause of his demeanor and apparent lack of remorse, including a statement made to police shortly after his arrest that he thought the killing "would be funny," Margoles said. If that evidence is not presented to a jury, Anderson will be denied his due process rights, Margoles said.
Scott County prosecutors said the defense should not be allowed to make assertions about Anderson's mental state during his upcoming trial. Under Minnesota law, determinations about mental state can only be made in a separate trial following a conviction.
Anderson looked on as Margoles compared him to Mr. Spock, the iconic character from the "Star Trek" films and television series.
"While Captain Kirk had the full gamut of human emotions, Mr. Spock had none," Margoles said. "He operated purely on logic. No sympathy, no empathy. Regret, but no remorse. Mr. Spock was civil, but not kind. Thoughtful and distant but not cold. He thought differently than others on the ship, but he did not have diminished capacity."
According to Mayo Clinic, Asperger's Syndrome, also known as Asperger's Disorder, is classified as a mild form of autism characterized by obsessions with complex topics, odd mannerisms, and problems with social skills and communication.
Whether Anderson has Asperger's is in dispute. A doctor hired by the defense diagnosed him as having Asperger's. Two doctors for the prosecution said he does not.
District Court Judge Mary Theisen is expected to rule on the motion before jury selection begins March 16 in Anderson's first-degree murder trial.
Anderson, 20, allegedly lured Olson, 24, to his home in Savage on Oct. 25, 2007, by posing on Craigslist as a woman needing a babysitter. When Olson answered the ad, he shot her in the back before hiding her body in the trunk of her car, which was found parked in a Burnsville park.
After his arrest, Anderson made statements to police including, "I thought it would be funny" and "I didn't kill her, the bullet did."
During the hearing Thursday to address several motions before the trial, Margoles withdrew a motion for a mental illness defense and entered a plea of not guilty. In entering the plea, Margoles acknowledged that Anderson held the gun when it went off, killing Olson, but would not say it was intentional.
He argued that Asperger's was directly related to the accidental firing of the weapon, because those with the disorder are often physically clumsy. It also affected Anderson's demeanor afterward and in court, he said.
Scott County prosecutors contended at the hearing that Asperger's is considered a diminished capacity defense, meaning that though a defendant is not insane, the person could not fully comprehend the nature of his or her act.
Assistant County Attorney Michael Groh argued that not only does Anderson not have Asperger's but that the defense is simply trying to skirt the law through giving diminished capacity another name.
"It goes to the very nature of diminished capacity, i.e., 'I didn't know what I was doing, I didn't know it was wrong,'" Groh said. "It's a diminished capacity definition no matter which way they want to talk about it. You're insane or you're sane, there's no in between. And anything like that allowed in this court would be contrary to Minnesota precedent."
Margoles countered the prosecution's argument by saying that those with Asperger's are not of diminished capacity, and are of average or higher intelligence. Instead, he said, Anderson was of "different capacity."
Judge Theisen did not yet rule on the motion, but expressed doubts about Margoles' argument as a whole. She mulled aloud whether the portion of the argument that physical symptoms caused Anderson to accidentally pull the trigger could be admissible.
"You can be sure I'm not going to act contrary to Minnesota statutes, but where I'm having that question is where that line is drawn -- where is the line between diminished capacity and this testimony, especially as it pertains to physical ability?" she said.
http://www.startribune.com/40399472.htm ... DEh7P:DiUs
_________________
For time has imprisoned us,
In the order of our years,
In the discipline of our ways,
And in the passing of momentary stillness.
We can see our chaos in motion.
27 Feb 2009, 4:07 pm
