Judge rejects use of Asperger's syndrome by defense in murder case

[kickysnana]

http://www.savagepacer.com/news/courts/judge-rejects-use-aspergers-syndrome-defense-murder-case-103

Scott County District Court Judge Mary Theisen issued her ruling Friday.

Attorneys for Michael John Anderson argued two weeks ago 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.

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.” Two weeks ago he asked the judge 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.

But in her ruling, Theisen said the argument by the defense was insufficient to show that the Asperger’s syndrome, which was diagnosed by defense psychiatrists, had any effect on the murder. The judge also said that testimony on the syndrome might compel jurors to determine Anderson had a diminished mental capacity or responsibility, a defense "not recognized in Minnesota.

[liberalhistorian]

1. Good. My teenage son is an aspie and

I am active in aspie awareness and promotion groups and in efforts to accept aspies for who and what they are and not try to "change" or "cure" them and other autistics. I have a MAJOR problem with attorneys attempting to use Asperger's as a defense. Not only is it wrong ethically, it gives the public the wrong impression and sets our cause back God knows how much. Aspies know very well the difference between right and wrong, maybe more so than a lot of people. When they commit a crime it has nothing to do with their "mental" status or sanity or whether they knew right from wrong. They aren't insane or mentally challenged and they certainly do know right from wrong. They need to be held to account like everyone else.