artworx
04-07-2006, 04:32 PM
AP) A woman accused of killing her 10-month-old daughter by cutting off her arms was found not guilty of capital murder by reason of insanity in her retrial Friday.
Police arrested Dena Schlosser in November 2004 after finding her baby Margaret dying in her crib and Schlosser covered in blood, holding a knife and listening to a hymn. Schlosser will be sent to the maximum security Vernon State Mental Hospital.
Schlosser, 38, didn't say anything as bailiffs led her away after the verdict.
"We have a just verdict in a just case, but yes, it is bittersweet." defense attorney David Haynes said. "She wanted to be sent to the state hospital in Vernon. She feels it is her best chance to get better."
A judge issued the verdict after brief proceedings. Defense attorneys and prosecutors agreed last week to have Judge Chris Oldner decide the case after a jury deadlocked in February, forcing a mistrial.
The case hinged on whether Schlosser had severe mental problems that kept her from knowing the wrongfulness of the crime, the Texas standard for insanity. Last week it was revealed that Schlosser had a brain tumor that defense attorneys said could have caused hallucinations before the killing, but neither the tumor nor any other evidence was discussed Friday.
Both sides waived closing arguments Friday, and the judge ruled based on evidence presented in the first trial.
Prosecutors didn't immediately comment, and jurors declined to talk about the case.
Schlosser will be sent to the Vernon hospital for 30 days, after which time the hospital will issue a report on her mental health and a judge will decide whether she needs to be recommitted. If she is recommitted, a judge will review another report after six months, then another each year she's hospitalized after that.
"My own expectation is that she will remain at the hospital for many, many years," Haynes said.
Bob Nicholas, Schlosser's former stepfather who helped raised her and the only relative in attendance Friday, said the verdict was the best possible scenario.
"This whole case, this whole situation with Dena, was a tragedy," Nicholas said. "We've got the loss of Maggie, who never reached her first birthday. We've got two little girls coping with the loss of their sister and of a loving, caring mother."
John Schlosser, Schlosser's husband, has filed for divorce and has custody of the couple's two other daughters.
Dena Schlosser's tumor was a new element in the defense's argument, which had focused on her psychological disorders. Several psychiatrists in her first trial testified that Schlosser lost touch with reality, suffered severe mood swings and experienced religious hallucinations and delusions.
While one witness alluded to a possible brain lesion, miscommunication between doctors delayed further testing until three weeks after the mistrial. A neurologist's confirmation of a brain tumor gave the defense another argument, which it presented at a hearing March 31.
During her first trial, one doctor said Schlosser told him she wanted to cut off her baby's arms and her own limbs and head and give them God. Other medical testimony referenced erratic behavior and hallucinations, including apostles rising out of blood-filled streets to herald the apocalypse.
Testimony in the first trial lasted seven days and also included police, acquaintances, family, social workers and Schlosser's preacher, Doyle Davidson.
The defense faulted Schlosser's husband for not getting her adequate mental health treatment and also blamed Davidson, who believes only God can cure mental illness.
The state argued the defense was trying to deflect responsibility from Schlosser. Prosecutors presented a methodical case, focusing on possible inconsistencies and behaviors that might indicate Schlosser knew killing her baby was wrong.
After 42 hours of deliberations, the jury deadlocked with 10 of the 12 agreeing she was insane. Oldner declared a mistrial Feb. 25.
Police arrested Dena Schlosser in November 2004 after finding her baby Margaret dying in her crib and Schlosser covered in blood, holding a knife and listening to a hymn. Schlosser will be sent to the maximum security Vernon State Mental Hospital.
Schlosser, 38, didn't say anything as bailiffs led her away after the verdict.
"We have a just verdict in a just case, but yes, it is bittersweet." defense attorney David Haynes said. "She wanted to be sent to the state hospital in Vernon. She feels it is her best chance to get better."
A judge issued the verdict after brief proceedings. Defense attorneys and prosecutors agreed last week to have Judge Chris Oldner decide the case after a jury deadlocked in February, forcing a mistrial.
The case hinged on whether Schlosser had severe mental problems that kept her from knowing the wrongfulness of the crime, the Texas standard for insanity. Last week it was revealed that Schlosser had a brain tumor that defense attorneys said could have caused hallucinations before the killing, but neither the tumor nor any other evidence was discussed Friday.
Both sides waived closing arguments Friday, and the judge ruled based on evidence presented in the first trial.
Prosecutors didn't immediately comment, and jurors declined to talk about the case.
Schlosser will be sent to the Vernon hospital for 30 days, after which time the hospital will issue a report on her mental health and a judge will decide whether she needs to be recommitted. If she is recommitted, a judge will review another report after six months, then another each year she's hospitalized after that.
"My own expectation is that she will remain at the hospital for many, many years," Haynes said.
Bob Nicholas, Schlosser's former stepfather who helped raised her and the only relative in attendance Friday, said the verdict was the best possible scenario.
"This whole case, this whole situation with Dena, was a tragedy," Nicholas said. "We've got the loss of Maggie, who never reached her first birthday. We've got two little girls coping with the loss of their sister and of a loving, caring mother."
John Schlosser, Schlosser's husband, has filed for divorce and has custody of the couple's two other daughters.
Dena Schlosser's tumor was a new element in the defense's argument, which had focused on her psychological disorders. Several psychiatrists in her first trial testified that Schlosser lost touch with reality, suffered severe mood swings and experienced religious hallucinations and delusions.
While one witness alluded to a possible brain lesion, miscommunication between doctors delayed further testing until three weeks after the mistrial. A neurologist's confirmation of a brain tumor gave the defense another argument, which it presented at a hearing March 31.
During her first trial, one doctor said Schlosser told him she wanted to cut off her baby's arms and her own limbs and head and give them God. Other medical testimony referenced erratic behavior and hallucinations, including apostles rising out of blood-filled streets to herald the apocalypse.
Testimony in the first trial lasted seven days and also included police, acquaintances, family, social workers and Schlosser's preacher, Doyle Davidson.
The defense faulted Schlosser's husband for not getting her adequate mental health treatment and also blamed Davidson, who believes only God can cure mental illness.
The state argued the defense was trying to deflect responsibility from Schlosser. Prosecutors presented a methodical case, focusing on possible inconsistencies and behaviors that might indicate Schlosser knew killing her baby was wrong.
After 42 hours of deliberations, the jury deadlocked with 10 of the 12 agreeing she was insane. Oldner declared a mistrial Feb. 25.