Cross posted from the Frederick Leatherman Law Blog

Despite his claim of having suffered 40 to 50 blackouts, Craig Michael Wood probably cannot successfully claim insanity.

Insanity is a legal definition, not a medical or psychological definition. You won’t find it in the DSM.

The insanity defense focuses on a defendant’s mental state and requires him to admit committing the acts he is accused of committing.

Section 552.030 (1) of the Missouri Revised Statutes states:

A person is not responsible for criminal conduct if, at the time of such conduct, as a result of mental disease or defect such person was incapable of knowing and appreciating the nature, quality, or wrongfulness of such person’s conduct.

Contrary to the fearful, delusional and fact-free claims of the right-wing-hate-machine, the defense is rarely successful because even so-called crazy and delusional people usually attempt to conceal the crime they committed and/or deny that they committed it.

Their actions speak louder than their words because their behavior demonstrates that they knew they were doing something wrong even if, for example, they thought God commanded them to do it.

Wood’s behavior would not likely satisfy the insanity defense because the circumstantial evidence of his premeditated intent and knowledge that he was committing crimes is so overwhelming as to leave no doubt in a reasonable mind that he was in full command of his faculties, if not his urge to rape and kill a child.

Even though Mr. Wood is unlikely to prevail on a claim of insanity, a claim of impaired mental functioning might still be available to use in mitigation.

One of the first tasks for defense counsel will be to put together a mitigation team with a lawyer and mitigation investigator knowledgeable about mental disorders and the best forensic experts available to test Mr. Wood’s brain functioning and diagnose his condition.

They will be looking for what death-penalty lawyers refer to as “a hole in the brain,” meaning an organic brain disorder or injury (as opposed to a personality disorder) that inhibits his ability to function normally and causes him to act out in a violent, unpredictable and uncontrollable manner.

It’s difficult for a juror to sentence a defendant to death for behavior he cannot control, even if he knows that his behavior is wrong and violates the law.

The problem for Mr. Wood and his defense team is that the Hailey Owens kidnapping and murder shows someone who appears to have planned what he did knowing that it was wrong and illegal. He carried out his plan during a period of approximately 3.5 hours, including an attempt to eliminate evidence and evade capture by executing his victim, cleaning up the crime scene and disposing of her body before the police arrived.

And then there is the child pornography and God only knows what may be recorded on his videos and dvds.

Difficult to imagine that he did not intend to do everything he did to Hailey Owens before he saw her walking home and kidnapped her.

I do not see any evidence of involuntary or unconscious behavior, such as one might expect to see if he has a hole in the brain.

Finally, when confronted by police when he arrived home, he tossed the roll of duct tape that he was carrying into the bed of his pickup truck.

That act suggests that he knew why they were there and he did not want them to notice or question him about the duct tape and what he intended to do with it.

Unfortunately for Mr. Wood and his defense team, his conduct and state of mind do not appear to mitigate what he did. Instead, they appear to aggravate it.

We will have to wait and see how this case works out.