The Judiciary Committee heard testimony Jan. 21 on a bill that would eliminate the defense of temporary insanity when the defendant is voluntarily under the influence of drugs or alcohol.<\/p>\n
Under LB100, introduced by Lincoln Sen. Colby Coash, those charged with committing a crime while intoxicated could no longer use intoxication as a defense, unless they can prove that they did not know that the substance was a toxicant when they ingested, inhaled, injected or absorbed it.<\/p>\n
\u201cThis defense does happen and it is a gap in our statutes,\u201d Coash said.<\/p>\n
He referred to a 2006 Lincoln case, in which Shane Tilley fatally stabbed a friend, Andy Lubben, after intentionally overdosing on cold medication. Tilley was found not guilty by reason of temporary insanity.<\/p>\n
Jeff Lubben, Andy\u2019s father, testified in support of the bill, saying it has been difficult to accept that someone can be found not guilty of a murder charge because they were high on cold medicine.<\/p>\n
Nebraska Assistant Attorney General Corey O\u2019Brien also testified in support of the bill.<\/p>\n
Insanity serves as a viable defense in our legal system, he said, but the state should hold people responsible for what they do while voluntarily intoxicated.<\/p>\n
Michele Belcastro, a propopent of the bill, said her mother-in-law was brutally beaten by her son, Patrick, who was on methamphetamine at the time of the crime.<\/p>\n
He was charged with two felonies of first-degree assault and assault with a deadly weapon, she said.<\/p>\n
The judge found Patrick competent to stand trial, she said, but he also was found to be temporarily insane at the time of the crime. He was sent to a treatment center, Belcastro said.<\/p>\n
\u201cThis shocking gap in the system is not protecting or helping anyone,\u201d she said.<\/p>\n
Chris Eickholt of the Nebraska Criminal Defense Attorneys Association testified against LB100.<\/p>\n
There is an ongoing debate in the medical community about whether drug-induced insanity should be treated as a mental illness, he said, adding that the law should not be changed without input from the mental health or psychiatric communities.<\/p>\n
The committee took no immediate action on the bill.<\/p>\n","protected":false},"excerpt":{"rendered":"
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