Michigan Criminal Lawyers Blog

Demonic. Depraved. Heinous. Those are just a few of the printable comments that the Blog has overheard in response to news of the assault on a 13 month baby in Commerce Township.

At first blush, the details are like a scene out of the Exorcist. Kirsty Leigh DeHuff , 26, her husband and their 13 month old son were sitting in the car in the residential driveway when, suddenly, Mrs. DeHuff exclaimed that she 'had something to do', and with that, dashed into the couples' home, clutching her son.

Mr. DeHuff followed and was no doubt aghast at the scene that met him upon entering the residence. Apparently, Mrs. DeHuff had picked up a knife and stabbed her own baby--puncturing his lung.

Understandably, the public tends to see such a defendant as an irredeemable monster. But after digging deeper into the facts, the Blog finds itself in complete sympathy with, and fully supportive of, the entire DeHuff family.

Our research reveals that, as far back as the 16th Century, the medical literature recorded incidents of otherwise loving new mothers killing their own babies.
In fact, the phenomenon has been noted worldwide, for thousands of years. Though it was an inexplicable mystery, even in ancient times it was met with a measure of sympathy. No doubt such a radical departure from the maternal instinct signaled sickness--not evil.

Modern medicine now knows that the phenomenon is an organic brain disorder. What drives the bizarre behavior has nothing to do with malevolence and everything to do with a chemical imbalance in the brain. And today, it has a name: Post-partum depression and post partum psychosis.

Hormonal fluctuations associated with pregnancy are what trigger the syndrome. Armed with that knowledge, many obstetricians now educate their patients about the condition. The hope is that the informed patient will turn for help at the first signs of symptoms. Nonetheless, when an adult stabs a baby, the police must be called in.

Ultimately, the Oakland County Prosecutor in Pontiac filed a criminal complaint against Mrs. DeHuff . The charge was Assault With Intent To Commit Murder, a serious felony punishable by up to life in prison.

Like all crimes, that particular offense is comprised of necessary elements. Under the law, if even one element lacks a factual basis, the entire charge must be dismissed. Because a mental condition may have played a role in the incident, the necessary element most vulnerable to attack in this matter would be the specific intent component.

That said, as a practical matter, the only possible defense under the circumstances would be legal insanity. In a nutshell, the defense is based on the reality that a mere act rarely, in and of itself, amounts to a crime. For example, a student accidentally walking into the neighbor's adjacent, identical dorm room has not committed the crimes of entry without permission or breaking and entering--because there was no criminal intent.

The averment of legal insanity can amount to a complete defense to a specific intent crime. The statutory definition of legal insanity is: "A substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life." Psychiatrists take that to mean psychosis.

Another related statute provides that, if the defendant lacked the capacity to appreciate the nature, quality or wrongfulness of his conduct, or to conform his conduct to the requirements of the law--due to a substantial disorder of thought or mood, then the Defendant must be found not guilty by reason of insanity.

DeHuff's East Lansing based criminal defense lawyer used expert psychiatric witnesses to provide the factual basis in support of the claim. In the absence of any prosecutorial counter evidence, the Pontiac trial judge was compelled to enter a verdict of not guilty by reason of insanity.

Consequently, the law requires that DeHuff be committed to the Center for Forensic Psychiatry in Ypsilanti for no less than 60 days. The ostensible reason for the commitment is examination, diagnosis and treatment. She must remain there (or at another facility), until her psychosis abates and/or she no longer poses a danger to herself or others.

Mom found insane in baby stabbing could return to
family soon, The Daily Tribune, January 5, 2010

Finally, the proof is in: Love really does conquer all. And in the case of Pontiac Lawyer Nina Backon it apparently conquered - SANITY.

The Criminal Defense Lawyer showed up at the Oakland County Jail in Pontiac, claiming to be the attorney for inmate Eric WIlimowski.

But alarm bells went off when Authorities noticed that, instead of leafing through legal pads, the Lawyer's hands were busy blowing kisses at the prisoner.

Deputy Sheriffs searched the attorney and seized her cache of controlled substances.

The attorney now faces serious felony charges that could land her in prison for up to 9 years. And with two prior drunk driving convictions, incarceration is likely.

All of which raises the question of legal defenses. One that virtually leaps right off of the page is legal insanity. Another which might at least mitigate the charges is an assertion that the contraband was not intended for her boyfriend - the prisoner.

Attorney Busted For Smuggling Goods To Boyfriend In Jail, Fox 2 Detroit, May 12, 2010

MEMO to the the Meridian Township Police Officer who was allegedly assaulted by former Judge Beverly Nettles-Nickerson during a not-so-routine traffic stop: When Judges FLIP OUT you'd better WATCH OUT! Because - as demonstrated by Miami Judge Marilyn Milian in the video (above) - whether it be with a Judge's Gavel, an armed courtroom bailiff or a clenched fist - an angry Judge can pack a powerful wallop in more ways than one!

If the arresting Officer in the Lansing area fracas is to be believed, Nettles-Nickerson's weapon of choice in this case was bare knuckles - which led to a charge of Resisting and Obstructing a Police Officer, a felony.

Every felony defendant is entitled to an initial hearing called a Preliminary Examination. That is an adversary, evidentiary proceeding where the Prosecutor must produce evidence in support of each of the necessary elements of the charge. Where every element is supported by evidence, the Presiding Judge must transfer the case to the Circuit Court for trial. Where even one element lacks an evidentiary basis, however, the entire charge must be dismissed.

In this case, a visiting Judge from Jackson, Michigan conducted the hearing. The examining judge found sufficient evidence to support the charges and passed the case on to the Lansing trial court.

The elements of this particular crime are (1) Knowingly and willfully; (2) Obstructing; (3) Any authorized officer; (4) In the performance of his duty.

Under the circumstances, potential affirmative defenses to this charge include the following: (1) The Defendant's action was a mere reflex; (2) Due to a psychotic loss of contact with reality, the Defendant did not comprehend that the victim was a Police Officer (i.e., legal insanity), and possibly; (3) Self defense.

Formerly, a citizen could use reasonable force to resist an illegal arrest, but the Legislature in Lansing abrogated that defense in 2002.

As we know from prior RLG blogs on the topic of legal insanity - society at large views that defense with cynicism. Often the only way for a Criminal Defense Lawyer to overcome that attitude is to present the Jury with a provable history of bizarre or psychotic behavior.

In this case, the Defendant's lawyers may be able to mine that critical evidence out of the ex-Judge's mountain of previous legal troubles. Though that strategy may not be the ex-Judge's preferred way out of her newest legal mess, the defense of legal insanity may be her only realistic hope of avoiding a felony conviction.

Former Ingham County Judge Nettles-Nickerson To Stand Trial, Lansing State Journal, April 17, 2010

For the second time in less than two months, security was breached at Detroit Metro Airport in Romulus, Michigan.

Though the methods differed in each incident, both seem to involve a common theme: Mental illness. Statements by close family members support that evidence.

Post arrest comments by Michigan Criminal Defense Lawyers in both cases strongly hint that the issue of Legal Insanity will be in play in both criminal trials.

It almost goes without saying that a criminal defense lawyer should explore the defense of Legal Insanity, where the criminal defendant displays psychotic behavior. Where the elements of the crime committed also require proof of specific intent, however, the Defense Team may have a formula for acquittal.

On many levels, though, the defense of legal insanity is a steep mountain to climb. First, societal attitudes toward mental illness and the Defense of Legal Insanity are filled with skepticism and even cynicism. Second, Lawmakers have reacted to those attitudes by raising the bar and imposing formidable obstacles. For example, the Michigan Legislature tinkered with the 400 year old principle of American Criminal Procedure which required the Prosecutor to prove his allegations 'beyond a reasonable doubt'. Lawmakers in Lansing, Michigan simply moved the goalpost by shifting the burden of proof to the Criminal Defendant, when raising the Defense of Legal Insanity.

Third - the law forbids the Defense Lawyer from informing the Jury that an acquittal on grounds of Legal Insanity will not result in the Criminal Defendant walking out of the Courtroom a free man. Since many cases involving the Defense of Legal Insanity include heinous crimes and homicides - the lack of information about post-trial disposition raises the danger that the jury will reject the Defense on purely emotional grounds.

Finally - the most daunting hurdle facing the Criminal Defense Lawyer is often the seriously mentally ill client himself. That is because a hallmark of the disease is lack of insight. That blind-spot commonly hampers the Defendant's ability to participate in his own defense. To counter that deficit, the Defense Lawyer's team must include sympathetic family members and highly trained mental health professionals.

Because in the end, often the only way to answer the ill-informed Jury's concerns is to convince them that the Defendant is not the cause of the incident - the cause of the incident is the mental illness.

Airport security breach suspect suffers mental problems, family says, The Detroit News, February 10, 2010