"He lost touch with the real world. He did not understand what he was doing and he could not control himself."Trial started today in Woburn, Massachusetts, in the case against John Odgren, a teenager who is accused of murdering 15 year old James Alenson three years ago. According to news reports of today's opening statements, Odgren's attorney is arguing an "insanity" defense based on Odgren's having Asperger's Disorder, a form of autism. Unlike some other defendants who have raised a defense based on Asperger's, Odgren had a diagnosis at the time the killing occurred and was a special education student.
-- Jonathan Shapiro, defense attorney
Under Massachusetts law, a criminal defendant can be found not criminally responsible by reason of mental illness or mental defect if, at the time of the criminal conduct, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. Commonwealth v. McHoul, 226 N.E.2d 556, 557-58 (1967).
This is exactly what Odgren's attorney is arguing when he says that Odgren didn't understand what he was doing and couldn't control himself.
