FL - Michelle Mishcon, 53, & John Stevens, 59, brutally murdered, Tequesta, 15 Aug 2016 - #2

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IF he is found insane at time of the murder and now is considered sane....I have the following questions

What made him insane at that time?
Why is he sane now?
If found insane at time of murder, will he walk free?
OR found guilty by reason of insanity ?
What could his sentence if any be?

IMO, he had drugs still in his system, which the drugs or the withdrawal from the drugs, caused him to murder. IMO he is guilty.

Thanks.
 
https://www.flsenate.gov/Laws/Statutes/2018/775.027
2018 Florida Statutes
775.027 Insanity defense.—
(1) AFFIRMATIVE DEFENSE.—All persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. Insanity is established when:
(a) The defendant had a mental infirmity, disease, or defect; and
(b) Because of this condition, the defendant:
1. Did not know what he or she was doing or its consequences; or
2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.

Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection.

(2) BURDEN OF PROOF.—The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
History.—s. 1, ch. 2000-315.
 
Chapter 916 Section 15 - 2018 Florida Statutes - The Florida Senate
2018 Florida Statutes
916.15 Involuntary commitment of defendant adjudicated not guilty by reason of insanity.—
(1) The determination of whether a defendant is not guilty by reason of insanity shall be determined in accordance with Rule 3.217, Florida Rules of Criminal Procedure.
(2) A defendant who is acquitted of criminal charges because of a finding of not guilty by reason of insanity may be involuntarily committed pursuant to such finding if the defendant has a mental illness and, because of the illness, is manifestly dangerous to himself or herself or others.
(3) Every defendant acquitted of criminal charges by reason of insanity and found to meet the criteria for involuntary commitment may be committed and treated in accordance with the provisions of this section and the applicable Florida Rules of Criminal Procedure. The department shall admit a defendant so adjudicated to an appropriate facility or program for treatment and shall retain and treat such defendant. No later than 6 months after the date of admission, prior to the end of any period of extended commitment, or at any time the administrator or designee shall have determined that the defendant no longer meets the criteria for continued commitment placement, the administrator or designee shall file a report with the court pursuant to the applicable Florida Rules of Criminal Procedure.
(4) In all proceedings under this section, both the defendant and the state shall have the right to a hearing before the committing court. Evidence at such hearing may be presented by the hospital administrator or the administrator’s designee as well as by the state and the defendant. The defendant shall have the right to counsel at any such hearing. In the event that a defendant is determined to be indigent pursuant to s. 27.52, the public defender shall represent the defendant. The parties shall have access to the defendant’s records at the treating facilities and may interview or depose personnel who have had contact with the defendant at the treating facilities.
(5) The commitment hearing shall be held within 30 days after the court receives notification that the defendant no longer meets the criteria for continued commitment. The defendant must be transported to the committing court’s jurisdiction for the hearing.

Chapter 916 Section 16 - 2018 Florida Statutes - The Florida Senate
2018 Florida Statutes
916.16 Jurisdiction of committing court.—
(1) The committing court shall retain jurisdiction over any defendant involuntarily committed due to a determination of incompetency to proceed due to mental illness or a finding of not guilty by reason of insanity pursuant to this chapter. The defendant may not be released except by order of the committing court. An administrative hearing examiner does not have jurisdiction to determine issues of continuing commitment or release of any defendant involuntarily committed pursuant to this chapter.
(2) The committing court shall retain jurisdiction in the case of any defendant placed on conditional release pursuant to s. 916.17. Such defendant may not be released from the conditions of release except by order of the committing court.
 
I'm still following this case, too. I agree with many here that drugs may have contributed to his "psychosis". We need to know if there was something chemical contributing to his mental illness. I remember his videos denying the need to do steroids. Now this talk of mushrooms has me even more convinced of chemicals. Why would his Defense be so concerned that drugs not be mentioned?
 
Three years later, Austin Harrouff case still puzzles many
Posted Aug 15, 2019 at 2:22 PM
Austin Harrouff is facing first-degree murder charges in the Aug. 15, 2016, deaths of John Stevens III and Michelle Mishcon at their home near Jupiter.

On Aug. 15, 2016, Martin County Sheriff’s Office deputies found 19-year-old Austin Harrouff on top of the bloodied 59-year-old John Stevens III, gnawing on his face and making growling sounds. Inside the garage of the home on Southeast Kokomo Lane, just north of the Palm Beach County line, deputies found 53-year-old Michelle Mishcon, beaten, bloodied and unresponsive.

As the Jupiter teen was taken that night to St. Mary’s Medical Center in West Palm Beach, he said he ate something bad. When asked what it was, he replied, “Humans.”

In the weeks, months and now years that have followed, the case garnered international attention, a couple of first-degree murder charges and a diagnosis of clinical lycanthropy delusions, also known as werewolf syndrome.

Now, on the third anniversary of the deaths of Stevens and Mishcon, there is a trial scheduled for Nov. 4, but it remains unclear whether Harrouff, his attorneys and prosecutors will put on their case for a jury before the end of the year.

Here is a timeline of events in the case of Austin Harrouff as they have unfolded since 2016:
[...]
March 28, 2019: A 38-page report by forensic psychologist Dr. Phillip Resnick says Austin Harrouff believed he was “half-dog, half-man” the day he brutally beat Stevens and Mishcon to death and was found biting one of their faces in Martin County. He wrote Harrouff suffered from “severe mental disease,” in particular bipolar disorder and acute manic episodes with psychotic features and “clinical lycanthropy delusions,” also known as werewolf syndrome.
[...]
 
wildebeest said:
What happened to the trial date of Nov. 4?
Click to expand...
Martin County judge moves trial date of double murder suspect Austin Harrouff to May
NOV 6, 2019
Austin Harrouff, accused of murdering Tequesta couple Michelle Mishcon and John Stevens III in August 2016, appeared in court for a hearing in front of Martin County Circuit Judge Sherwood Bauer, Jr. on Wednesday, Nov. 6, 2019, at the Martin County Courthouse in Stuart. Initially, Harrouff's double murder trial was set to begin Nov. 4, but is now scheduled to start May 18, 2020.

[...]
Prosecutors hired Hobe Sound psychologist Gregory Landrum to conduct a mental health exam after a defense expert concluded Harrouff was suffering from a severe mental disease that caused him to not know his actions were wrong at the time he killed Stevens and Mishcon, which would meet Florida’s definition of insanity.

In court Wednesday, Assistant State Attorney Nita Denton said Landrum is working to complete his report and recently received a transcript of his evaluation of Harrouff conducted at the Martin County Courthouse.

Stuart defense attorney Robert Watson, who told Bauer “everyone wants to get this case resolved,” asked for a trial date in April or May.

“Because what’s going to happen is, obviously, if the state’s expert comes back finding that there was insanity at the time, the case is over,” Watson said.

“But if it comes back with a different opinion, then obviously we’re going to have to take his deposition … and we’re going to have to review it with our expert and does everybody really want to be doing that during the holidays?”

Bauer agreed to the delay and set a status hearing for March 5.
[...]
 
Thanks, SeasSees!

I’m sorry it’s been delayed, again. Can’t imagine what the survivor and victim’s families are going through.

I’m skeptical that AH was mentally ill at the time. What do you think?
 
I was here at the time this went down and followed it for awhile. Have been gone for a long time but wanted to check some cases that haunt me. Now that we know there were no drugs and from other reported behaviors, it was clear he was mentally ill and was not being treated. If he were not of age I would accuse his parent's of neglect. Yes, I believe he was psychotic, extremely psychotic, very shockingly so. And now those parents are tertiary victims also.
 
I still want to see all the test result and hear from the prosecutors state hired psychologist, Gregory Landrum. I feel there is more to this story. We are hearing mostly from the defense side. I need to hear from both sides before making a final decision. Will be checking back. May is not too far off.

Double murder suspect Austin Harrouff won't go on trial until May
 
Austin Harrouff: Psychologist says face-biting killer was legally insane at time of murders
Austin Harrouff set for trial in May for 2016 killings
Posted: 9:26 PM, Mar 04, 2020 Updated: 9:35 PM, Mar 04, 2020
[...]
In his report, Dr. Landrum says Harrouff was suffering an “acute psychotic episode” when John Stevens and Michelle Mischon were killed in their Tequesta home.

Dr. Landrum also wrote that because of that, Harrouff was “unable to distinguish right from wrong.”
[...]
There is a status hearing on this case Thursday afternoon. As of right now, the trial is still slated for May.

Psychologist says accused face-biting killer was legally insane when he murdered couple
Wednesday, March 4th 2020
STUART, Fla. (CBS12) — Austin Harrouff, the 23-year-old Florida State University student accused of brutally killing a couple in Tequesta in 2016, was legally insane at the time of the murders.

Gregory Landrum, a psychologist hired by the state, conducted a five-hour forensic psychological evaluation on Harrouff, according to court papers. He concluded by saying that Harrouff meets the state's criteria of legal insanity.

"It should be understood that the manifestation of Mr. Harrouff's psychiatric illness resulted in a psychotic episode so acute that two innocent people were killed and another fatally wounded," Landrum wrote. "Such an event is highly unusual as people with mental illness are no more likely to commit crimes than ordinary members of the public. Research, however, has shown that violence risk is increased in individuals with bipolar disorder who also engage in substance abuse."
[...]
Because he meets the criteria for legal insanity, Landrum recommends Harrouff be involuntarily committed to a secure forensic state hospital.
[...]
 
I just read the news. I feel for the victims families. I know they said he did not know right from wrong, but from the comment posted below, I feel he did know what he did is wrong. (’Shoot me now; I deserve to die.”)

The other thing that bothers me is he was known to take many drugs even though only marijuana was found in his system. Drugs can mess up a person, even later. The marijuana could have triggered something in his brain. I won’t go into it but my BIL was a mess and still is....not the same situation but similar.

I really hope all this and other issues are really considered at the hearing.

I am worried he will be sent to a hospital and 10 years later released because he is “cured”. Then there is a good possibility another incident happens. IMO If he is released from a hospital, he needs to serve time in prison. Never getting out. He is a danger to the public.

There are so many what ifs....again I feel bad for the victims families and friends.

JMOO


He begged deputies to kill him after they pulled him off Stevens, according to the records.

'Shoot me now; I deserve to die,' Harrouff said.

Harrouff has a history of alcohol and drug abuse, including cocaine, methamphetamine and other stimulants and hallucinogens like mushrooms, but blood tests only found marijuana in his system in the hours after the killings.

Landrum wrote that Harrouff in an October interview told him that in the weeks leading up to the killings he had begun to feel 'go go go' and experienced grandiosity during the day and paranoia at night.

Home | Daily Mail Online
 
I’ve followed this since this start. Prior to that horrid night his friends and roommates no longer lived with him bc he was acting bizarre. Originally before I knew everything I just really thought someone had drugged him at the restaurant but then when more was presented it seemed very clear there was a mental break . I definitely feel terrible for everyone involved . When DP did that interview it drove me crazy bc I just couldn’t fathom why the dad thought was okay to do it made zero sense . I believe that Austin definitely was in a psychosis leading up to that and then after he went to the hospital was treated meds were started. Now the psychosis could have been caused by many things . I think Austin will need medication and medical supervision for the rest of his life but I don’t think he’s dangerous to others on medication and therapy . I do think he could be a danger to himself based solely on the fact that for the rest of his life he will have to live with what happened that night even if it was beyond his control. I think Austin is a victim as well. I know there’s a lot of people who will disagree and be upset with that thought process. That doesn’t change how I feel or what I think happened .
 
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