His attorney, Richard Houser, argued Wednesday that Lotz, a 69-year-old Barrington man, qualifies for the insanity defense because he was experiencing a dissociative episode, in part triggered by post-traumatic stress disorder, when he fired four shots at his wife.
The Court of Appeals of Virginia says evidence of involuntary intoxication cannot be used as a "back-door way" to prove a defendant's mental state outside of a formal insanity defense.
(9) On the one hand, when defendants have insight into their disease and "voluntarily" choose not to take medication, allowing them to plead the insanity defense seems counterintuitive.
Attorneys on both sides need to know what circumstances will trigger the insanity defense, and how the military justice system and forensic psychiatry handle this inadequately understood area of the law.