Tuesday, December 6, 2011

Canton, OH: Murder suspect's sanity questioned in report

CANTON —
County prosecutors want a second opinion on the sanity of an Alliance man accused of killing his girlfriend and mutilating her body.

Stark County Common Pleas Judge Frank Forchione listened to arguments on both sides of the issue Monday without ruling. The defense opposes a second evaluation.

Jeremy L. Stutler, 32, beat 36-year-old Danette Simmons Loy to death on Aug. 8 and tried to dismember her body at his home at 491 W. Oxford St., according to court papers.

He has pleaded not guilty by reason of insanity to charges of murder, tampering with evidence and gross abuse of a corpse.

A psychological examination by Psycho-Diagnostic Clinic in Akron concluded that Stutler suffered from a severe mental defect or disease that caused him not to know the wrongfulness of his actions.

Such a determination usually leads to a finding of not guilty by reason of insanity.

After reviewing the report and consulting with the victim’s family, prosecutors are seeking a second opinion.

Assistant Stark County Prosecutor Hope Konovsky questioned the sincerity of Stutler’s claim that God directed him to kill the victim.

Stutler suffered a head injury in 1999 and has been treated for anxiety, depression, insomnia and attention deficit hyperactivity disorder, but nothing in his history mentions bipolar disorder or odd thoughts of a religious nature, Konovsky said.

Stutler didn’t start showing bizarre behavior until a day or two before the victim was killed, and he took steps to hide his actions — he threw the murder weapon into a pond and tried to dismember the victim — indicating that he knew he had done wrong, Konovsky said.

Stark County Public Defender Tammi Johnson opposed a second evaluation on the grounds that it would delay the case and waste county resources. The trial is set for Dec. 12.

If a second opinion contradicts the first, Johnson said, she will ask for a third evaluation, which will lengthen the delay and increase costs.

The defense also objected to Konovsky’s assertion that Stutler started acting strangely just days before the killing, although Johnson conceded it was recent development.

Each side has suggested an expert to conduct a second evaluation, if the court so orders.

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