Resentencing Court Agrees to Impose Lesser Sentence for Client with Mental Illness
Our client, who had no prior convictions, was involuntarily admitted to a psychiatric unit at a medical facility after he began to hear voices and display increasingly bizarre behavior. Shortly after an interview with staff, in which he appeared confused and responded to internal stimuli, he reported that he had been violated by another patient in the shower, and the staff then discovered the decedent’s body. Following a jury trial, the extreme emotional disturbance defense was rejected, and our client was convicted of second-degree murder and sentenced to a prison term of 17 years to life.
On appeal, the Appellate Division modified the verdict, finding that the extreme emotional disturbance defense had been established by a preponderance of the evidence, in light of the medical and psychiatric records and expert testimony. Accordingly, the conviction was reduced to first-degree manslaughter and the case was remitted for resentencing.
At the resentencing, the prosecution sought a 17-year sentence. Our office provided the sentencing court with Office of Mental Health and DOCCS guidelines mandating a comprehensive mental health discharge plan for our client upon his release, as well as studies confirming that individuals with serious mental illness are significantly less likely to re-offend when they receive stable and supportive housing, community support, and ongoing mental health care. The sentencing judge agreed with our request for an 11-year prison term. As a result, our client will be released from prison shortly and receive mental health services and supportive housing pursuant to the discharge plan.
De Nice Powell represented our client
