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On Mark Becker, Ed Thomas, Insanity, and Justice

This is not a fun topic. Laughs will commence tomorrow morning.

Beckerthomas_medium

As the Des Moines Register reports, Mark Becker was declared mentally competent to stand trial yesterday. This ruling from judge Stephen Carroll comes in the face of testimony from two different psychiatrists - one paid for by the defense and one from the prosecution - who disagreed on whether Becker could stand trial. Carroll's ruling prompted a FanPost with a headline that included the phrase "justice will be served." That much is likely true. But not in the way people generally interpret the phrase.

As I wrote for SbB earlier this morning, there's an important distinction between being declared mentally fit to stand trial and being declared sane at the time of the alleged crime. In other words, this ruling by Judge Carroll doesn't mean that Becker's not going to be able to escape a guilty verdict; he and his lawyer, Susan Flander, still plan to avoid a guilty verdict by reason of insanity at the time of the crime.

And now the hard part: if he's judged to have been insane, that too is justice.

Star-divide

Nobody's arguing that Becker didn't pull the trigger or that he didn't kill Ed Thomas, a beloved man who by all accounts did not deserve to die. In fact, the very unprovoked nature of the crime is going to be part and parcel of Flander's defense--why would Becker or any other sane man do this? Indeed, near the time of the killing, Becker had been admitted to a local hospital for psychiatric evaluation and should never have been released to the public afterward. Even the judge agreed that Becker had been suffering from schizophrenia and hallucinations, two horrific conditions you should pray never to experience. We have family friends who did; but for the grace of God (or, if you prefer, sheer luck), they ended up hurting nobody and are living better lives under better medication.

This is not to declare any sympathy for Becker, mind you. He did commit a most heinous act, even if the next step of labeling  it a "crime" remains to be seen. But that's just the point: it remains to be seen. And though our initial reactions were horror, revulsion, and anger, those are no substitutes for the rule of law and they do not ever trump the rights of the accused. This, too, is the unpopular but wholly necessary side of American freedom.

Indeed, aside from both the Becker and Thomas families, some of our greatest sympathies lie with Flander, whose job it is to defend, represent, and advocate for Becker. Though many would happily boast that they'd never defend someone like Becker, as a public defender, it's Flander's job to do so. Moreover, it's not Flander's job to determine whether Becker's guilty or innocent; it's up to her to provide as much evidence as possible that he may not be guilty, just as it's the prosecutor's job to argue otherwise.

By the way, even if Becker's declared not guilty by reason of insanity, that's not a free ticket home at all; criminal insanity is a ticket to institution, not freedom. Whether you'd like a ticket to a cell block instead of a psychiatric facility where they assume you'll kill if you have the chance is not a very fun choice, after all. An insanity verdict - essentially the only way out of the typical + / - legal dynamic - is hardly a better case scenario than prison.

It sounds simple and obvious to make that point, but if you assume that one side's good and one side's bad in a lawsuit (this is goes beyond simplistic and straight to stupid, by the way, but there's a point to it) someone still has to be the "bad" lawyer, and that distinction isn't determined by personal ethics. After all, it's not a lawyer's job to determine guilt or innocence. If every public defender chose their cases by the immediately obvious merits, it'd be a far greater miscarriage of justice than what normally takes place (and certainly an incentive to frame and blackmail).

And look. I too was devastated and horrified by the Thomas killing; I had saved the SI with the article from when he was named Coach of the Year, and I regret that various moves have removed it from my possession. I was mad enough about the killing to cover it fervently the day that it happened.

But what I want, what you want, and what every Iowan with an emotional to the slaying wants still takes a backseat to the law. After all, that's part of what makes our country great, and easy feelgood departures from the room of law are the domain of less-civilized countries. Perhaps those who want Becker to be put to death would feel better there. For us, we'll put this in the hands of our legal system, where justice is blind, and where dispassionate reasoning can tell us if the killer of one of the most beloved Iowans of the last half-century deserves to spend time in prison or psychiatric treatment. To put your own desires above that is simultaneously selfish, childish, and anarchic. Be better than that. Please.

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It matters not if this man is found to be insane. He needs to be locked up for the rest of his life. He is a danger to society, sane or insane. If he is found to be insane, I hope he gets treatment while incarcerated.

by hawkdevil on Oct 7, 2009 12:36 AM CDT reply actions   0 recs

Good stuff

Anything I would say on the subject, you just said.

"Jack Trice Stadium - Easily one of the Top 10 Stadiums in Central Iowa"

by Not Marv Cook on Oct 7, 2009 6:34 AM CDT reply actions   0 recs

Good Post

I live in Texas, where the prevailing sentiment is, “Hang ‘em high, cuz…shut up, that’s why.” I need to be reminded there are still places in this country where sanity and decency still have a hold.

"Sweet lady fate, why dost thou piss on me so?"

by bluearmadillo on Oct 7, 2009 7:30 AM CDT reply actions   0 recs

I am not a lawyer

So I’ll be completely upfront about not fully understanding the nuances of the system. That being said, one of the problems I have with the legal system as it stand in this county is the ruling of not guilty by reason of insanity.
Everything you say is true, however, the legal system is built on semantics. Words matter, each word matters. I do not understand why this system stands on the “not guilty” part when a person was ruled to not have control of their actions.
If the trial shows that the crime was committed by the accused, then the ruling, in my opinion, should be “guilty”. After “guilty”, there should be a further modifier that contains the phrasing of insanity, to make it clear that the person is to be moved along the path that requires treatment and hospitalization and not the path of the crime being a deliberate action. it can’t be forgotten that it happened, and could happen again.
It’s a small thing, but to tell the victim and the friends and family of the victim of a crime that someone is not guilty is a punishment to them, where guilty with an asterisk acknowledges both the crime and understanding that the punishment is different and is a step towards the victims reaching closure.
Words matter. Call it what it is.

It never gets to be easy

by chitownhawkeye on Oct 7, 2009 7:47 AM CDT reply actions   0 recs

Interesting point.

It seems as if, if the person who did actually commit the crime is found “not guilty by reason of insanity”, then nobody is guilty of the crime. As if, no one can be blamed for it… because, you know, the person is insane and had no control of their actions and one can’t really be blamed if one’s actions if they can’t control them. I guess that is the semantics of it, yeah? I don’t know.

We say people aren’t guilty because they were under duress. If someone is “forced” to kill another person so that, say, their kidnapped daughter isn’t killed, we wouldn’t blame that person, right? What is the difference? We don’t seem to blame people for getting physical diseases…. but some we do. Is mental illness categorically different? I don’t know. It’s something we’re still learning about, and I think progress will help illuminate the situation. It’s… I don’t know. Hmmm….

People should remember that while they have the right to their opinion, they are not entitled to be taken seriously. --Bruce Bartlett

by tyger1147 on Oct 7, 2009 8:42 AM CDT up reply actions   0 recs

Because crimes are more than just actions

In criminal law, to be “guilty”, one must meet two elements: the accused must have both the guilty action (actus reus) and the mental state, or “guilty mind”, to bring about this action (mens rea). Except in very limited circumstances, the accused must generally desire to bring about the outcome of his actions and be in control of his own actions. As tyger kind of hints at below, there are instances where the actions of the accused can be forced, and the varying degrees of a crime (e.g. 1st, 2nd degree murder, manslaughter, etc.) reflect that difference in mental states/outcome the accused desired to bring about.

At issue in this case is whether Becker, because of his mential disorder, was capable of rational thought at the time of the crime and thus responsible for his actions. Becker’s actions were unquestionably horrific and terrifying and the fact of them are not in question, but it is up to the jury to decide whether Becker was in control of his actions. As OPS notes, even if he is found “not guilty by reason of insanity”, Becker will not be “free”, he will most likely spend the rest of his life in a psychiatric facility.

I ate the blue ones ... they taste like burning.

by HoyaGoon on Oct 7, 2009 8:58 AM CDT up reply actions   0 recs

Also malice aforethought

You needn’t possess the mental state to bring about death to be guilty of, say, involuntary manslaughter.

In order to be guilty of murder, which is a specific legal term, you must a) want to kill someone, and b) commit an act c) knowing that it will kill them.

Brunettes not fighter jets

by rockyh on Oct 7, 2009 12:50 PM CDT up reply actions   0 recs

From what I know...

Becker is truly mentally ill—not some bogus “Twinkie defense” like Dan White, but actually truly probably bat-shit crazy. And that makes a difference.

They say that the insanity defense rarely “works” (whatever “works” means), but in this case, it most likely is appropriate.

But here’s the rub: when he did the crime, I do not think he was on his meds. Now that he’s on the meds, is he still a danger? Will they lock him up indefinitely if he’s no longer the “person” who did the killing, so to speak?

THAT’S the question of the day. It is entirely possible, if not probable, that Becker will be found “not-guilty by reason of insanity”, yet may not spend anywhere near the rest of his life in an institution.

Just a thought—a sobering thought, I’m sure, for some to ponder.

If it's not too much trouble, search your soul--and then ask yourself if maybe I might have a point.

by The Director on Oct 7, 2009 6:16 PM CDT up reply actions   0 recs

Well said, OPS.

And, as a clarification of sorts, I’d hate for the title of my fan post to insinuate that Becker should be sentenced to death. I probably should have been more to the point and simply stated that Becker had been declared competent for trial.

by The Mexican't on Oct 7, 2009 7:49 AM CDT reply actions   0 recs

Well said

I think you perfectly summed up the competing and contradictory emotions/thoughts many of us share on this tragedy.

I ate the blue ones ... they taste like burning.

by HoyaGoon on Oct 7, 2009 9:00 AM CDT reply actions   0 recs

Not a lawyer here.

But I can’t fathom proving intent here. Just reading the careful comments by the presiding judge, it would seem ‘diminished capacity’, at a minimum, is in the cards. The guy’s current lucidity will be ascribed to his meds being doubled since his arrest. His incarceration and treatment since arrest seem to show clearly, if not ‘prove’ his illness at the time of the killing. If he was lucid as of the event, why did the State need to radically alter his treatment protocol?

Isn’t some sort of plea deal very likely here? I don’t know how he can be successfully prosecuted.

Mr. Boh Knows ...

by Bellanca on Oct 7, 2009 9:23 AM CDT reply actions   0 recs

Thank you OPS.

That was beautifully written, and I appreciate the logic, humanity and respect for justice you present. And all the other posters here too; it’s refreshing and reassuring to see so many reasonable, well-though out, compassionate responses, especially considering the sheer unspeakable horrific nature of the crime itself.

One of my best friend’s older brother is schizophrenic – really bad, too. I watched him change from a (relatively) normal, amazingly artistic and mucial guy at age 23 or so to… a walking nightmare by age 27. I can’t imagine the heartache and the horror he and his family must go through every day as a result.

Anyway, I hope, as you so eloquently say above, that justice is indeed served, and that both families directly affected by this and their communities will find peace and comfort.

by Bucketochicken on Oct 7, 2009 9:52 AM CDT reply actions   0 recs

Well thought out

Our opinions often change when we simply step away from something and look at the big picture and whether we want to or not, see both sides a little more clearly. We, as humans, are emotional and impulsive creatures and sometimes our judgment is clouded when we are caught up in these emotions. It’s when the dust starts to settle and we are able to remove ourselves from the hate and confusion that we can make rational decisions.
  
I am NOT a death penalty proponent, but I know that if Ed Thomas was a close family member of mine my first instinct would be to want the murderer dead. Not in jail, not in a mental institute, dead. I feel like I am an otherwise rational human being, but I understand that I am not above having my decisions clouded by anger and grief. This is, by definition, what it means to be human. And, of course, therein lies the problem.

No self-respecting man from Iowa goes anywhere without beer

by Hayden Fry's Moustache Ride on Oct 7, 2009 11:14 AM CDT reply actions   0 recs

Agree with most everything here
We have family friends who did; but for the grace of God (or, if you prefer, sheer luck), they ended up hurting nobody and are living better lives under better medication

Just one small contention (even if its not the main thrust of the piece):

I believe in neither god nor luck. I would venture to say that your family experience could be explained by a certain measured, clinical, compassionate, supportive approach taken by your family to ensure to the best of its abilities that something like this did not happen. It seems to me this is exactly what the accused lacked, in the very least from the hospital under which his care was being administered.

If this is not the case in your’s or the accused’s instance, as I am speculating, then the outcomes may have been left to chance. But there is, in my opinion, an important distinction between chance and luck.

Nice piece, though.

by Eubanks on Oct 7, 2009 12:17 PM CDT reply actions   0 recs

No, some shit went down, but it didn't result in injury.

And, well, it could have.

(also, perhaps I didn’t word it well, but it happened in a family close to ours. Not sure why that matters, but it does.)

Anyway, end digression.

I got more rhymes than Wade Lookingbill's got dunks

by Adam Jacobi on Oct 7, 2009 12:26 PM CDT up reply actions   0 recs

Schizophrenia is often a black hole.

Two members of my immediate family are chronically afflicted with this disorder. I have been the primarily responsible party for one, and secondarily for the other (and, soon, for the other as well).

One of the realities of schizophrenia is that, owing to the degree of difficulty (or, seeming impossibility) of treatment, hospitals (resource constrained as they are) will turn their schizophrenic patients loose. (It’s not hard for me to believe that Becker was doped up and cut loose. It wouldn’t surprise me if that hospital treated a dozen Beckers, year after year. And what is the likely outcome if they are held liable now? They will seek to not treat ANY individual projecting Becker’s disorder.) They will choose to assign beds and resources to people with lower-order disorders simply because they can be more easily helped. I have experienced this as the responsible party for an ill family member, with both private and public facilities. I have been in an emergency situation where the managing physician has said, “This patient is too ill for us to dedicate more treatment to her care. We need the bed.”

Further, U.S. laws protecting the ill from the forcible commitment of adults tie the hands of the very people — healthy family members, acting in good faith — who know the impact, effect and outcomes that are reasonably predictable absent medical intervention. Laws further require the patient, if successfully hospitalized, to explicit approve of any treatment. Try getting a severely paranoid schizophrenic adult to sign commitment authorizations, or affirm any pharmacological regime. It’s a nontrivial task when the ill person is seeing and talking to people, and things, that do not exist. It doesn’t get easier with experience either, when the patient knows what the medicine is about to do to her alertness, weight, ability to function professionally. (For example, a patient might be a classical musician, and know that the medicine in all likelihood will destroy the dexterity in her fingers required to play.)

I mention these things not to be melodramatic, self-centered or to deflect the impact or gravity of a murder, and certainly not to argue. However, I am not in the camp that views compassion and care by family members as any match for this disease. Sure, it’s all that can be attempted. But this particular disease exists at the intersection of civil liberties, civil society, public policy and personal health imperatives, and presents few optimistic scenarios.

Mr. Boh Knows ...

by Bellanca on Oct 7, 2009 12:58 PM CDT up reply actions   0 recs

This would be my experience as well

as a total 3rd (or even 4th) party observer of my aforementioned friend and his family. It’s tragic, all the way around.

by Bucketochicken on Oct 7, 2009 1:34 PM CDT up reply actions   0 recs

Bellanca, I’m sorry for your experience. Small solace, I know, but speaking from limited experience where my Dad tried to help a nephew (my cousin) through similar issues, I have a small inkling of the burden. Sympathies -

by txhawkeye on Oct 7, 2009 5:01 PM CDT up reply actions   0 recs

No worries, I just appreciate these BHGP guys taking a break from

our usual hijinks to raise a few social issues of note. They’re not doing it in the Register, to be sure. There are no perfect lives or families.

Mr. Boh Knows ...

by Bellanca on Oct 7, 2009 5:15 PM CDT up reply actions   0 recs

Well put, OPS.

Will justice further be served by an inquiry into how the heck he was released without the proper authorities being notified, as requested? Maybe nothing criminal was done there, but in the very least there should be judicial/political pressure to get some new procedures established.

by YouCanPutYourEddsInIt on Oct 7, 2009 4:28 PM CDT reply actions   0 recs

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