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

Discussion in 'Trials' started by KayElJay, Sep 2, 2016.

  1. Trudie

    Trudie Well-Known Member

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  2. Gardenista

    Gardenista Well-Known Member

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  3. GarAndTeed

    GarAndTeed Well-Known Member

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    What the actual he*l??? Gotta go back through this thread.:eek:
     
  4. imamystery2u

    imamystery2u Member

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  5. Jax49

    Jax49 Florida Native

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  6. MsJosie

    MsJosie Well-Known Member

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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.
     
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  7. SeesSeas

    SeesSeas FLORIDIAN

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    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.
     
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  8. SeesSeas

    SeesSeas FLORIDIAN

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    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.
     
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  9. wildebeest

    wildebeest Well-Known Member

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    I tend to agree with you, Jax. I’ve heard a mental illness defense is very difficult to prove. To me, some sort of mind altering substance seems much more likely.

    IMHO
     
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  10. wildebeest

    wildebeest Well-Known Member

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  11. Jax49

    Jax49 Florida Native

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    Thanks for posting. From the article. bbm

     
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  12. MsJosie

    MsJosie Well-Known Member

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  13. wildebeest

    wildebeest Well-Known Member

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  14. Curious Me

    Curious Me Long-Time Member from back in the day

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    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?
     
  15. SeesSeas

    SeesSeas FLORIDIAN

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    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.
    [...]
     
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  16. Luckyzmom

    Luckyzmom Well-Known Member

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    Clinical lycanthropy delusions .. hmm
     

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