Why are we still arguing with people about the definition of “Not guilty by reason of insanity” on yet another thread? I think we pretty much answered all those questions and theories on the other threads.
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There are a ton of generalities out there about NGRI and what comes next. And a lot of those come from Hinckley’s case.
It’s important to note that back in 1975 (pre-Hinckley) the state of NJ, through their state Supreme Court, sought to eliminate those generalities in their decision in Krol. There’s even a part of that decision that specifically addresses that a person could be considered “dangerous” when encountering a single person or situation. So the key to safe release would be eliminating or minimizing exposure. NJ has said repeatedly since 1975 that commitment should not be punitive and it is imperative to restore rights and liberties to the acquitted patient.
Which is why it’s curious, for lack of a better word, that MB is still incarcerated with his first mandatory hearing rapidly approaching and no eval done.
What I want to know is, what can Mr B and Mr D do to force the issue? I understand the lack of beds at that specific facility is an issue. I also understand the despicable state of mental health care in general in the US. But surely there’s an alternative? So how do they get that in front of the court?
The State got to make the first recommendation, which clearly isn’t working yet. Is it on Mr B and team to find an alternative? How does this part work, so MB can get on with getting on?
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Especially when there are so many alternative facts available. /s
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I just want to say, this unbiased and fact-based post is totally unwelcome!
Thanks for the background re: Krol. I’m quite shocked that he can just be left to sit in jail like this given the legal status of his case. I mean, are we at writ of habeas corpus for unlawful detention or imprisonment level yet? He’s halfway through his civil confinement period as ordered after the verdict and it’s as if he’s still awaiting trial. Literally nothing has changed for him despite his verdict.
Seems super violation of civil rights-y to me at this point.
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It does me too! In an absolutely unbiased way.
I think the absolute rarity of a jury acquittal like this has kind of caught everybody with their pants down, so to speak. It’s so out of the realm of the normal process.
I wonder if Mr B and Mr D will file anything this week to try to force it. Something has to give here pretty soon. Krol is pretty clear, as lazaret has stated, that the patient is not to be incarcerated. Yet, here we are.
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Can the ACLU of New Jersey offer any assistance to the attorneys to help get MB released?
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I honestly don’t know? I really have no idea what anyone can do. My gut tells me Mr B and Mr D are exploring all the options. But I’m not sure anyone knows what the options are, as this seems to me to be unprecedented in NJ.
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I hope they find a solution for him. Poor guy!
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He’s a middle aged rich white man who took a gun and went and shot a woman. I’m fairly certain this is not a case the ACLU is going to dive into
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Does being wealthy and white means he gives up his civil rights?
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Perhaps, but he was found NGRI and is still being held. Maybe the media attention that this case is getting can be used to fight for rights of others too who are in similar situations.
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Lol, I love when people post without understanding the breadth and depth of the situation.
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I wonder if somebody in the background figures, “Eh, he’s been sitting in jail for the last 2 1/2 years when he was not guilty, what’s another month?” 
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For his sake, I hope not. In following the Krol directives in NJ, I also can’t see that being an acceptable thought for the court, either.
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It certainly shouldn’t be.
And yet, there he sits.
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Much like the rest of this case, it just seems very wrong.
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I’m way behind in posts but doesn’t the fact that the states witness Dr. already testify that they, the state, doesn’t think he’s insane? Dr. Stache testified to that. Said he was lying.
Doesn’t the fact… What?
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LOL. That’s having it both ways. Defense expert says he’s delusional, so NGRI. But the opinion of the state’s expert (rejected by the jury) is he’s not delusional, so spring him now!
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Lol. I mean their Dr. already sd he’s lying, so what? They find another Dr. to say he’s insane? Weird how this works.
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