Tuesday, March 25, 2008

FREEDOM FOR NGRI DEFENDANT

Some twenty years ago, my client Frederick Revels, in a drug induced psychotic rage, killed three members of his family. Initially, his mental condition made him incompetent to proceed. After he recovered, he was found not guilty by reason of insanity and placed in a mental institution. He has been there ever since! However, for at least 15 years, he has not received any psychiatric treatment. His doctors agree that his mental illness is in remission, and he is not dangerous. However, under Missouri law, Mr. Revels must prove not only that he is not dangerous, but that he will never again be dangerous. In a decision earlier this month, the Eighth Circuit Court of Appeals held this requirement unconstitutional. A motion for rehearing will likely be filed, but assuming this decision holds, Mr. Revels will likely be released after a new hearing.