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Experts say Asperger’s defense likely
Boston Herald ^ | 1/21/07 | Marie Szaniszlo

Posted on 01/21/2007 6:30:44 AM PST by raccoonradio

Asperger’s syndrome has been used as a defense with some success in cases of violence, experts say, suggesting it may arise when the fatal stabbing of a student at Lincoln-Sudbury Regional High School eventually goes to court.

During an arraignment Friday in the death of 15-year-old James F. Alenson, the attorney for 16-year-old John Odgren said his client has Asperger’s, a mild form of autism that has helped win acquittals for defendants in 22 U.S. criminal cases since 2002, according to the Autism Society of America.

The neurological disorder is characterized by average or above-average intelligence but difficulty developing social skills or responding to interpersonal cues. Teens with Asperger’s can be misunderstood and bullied, said Jamie Freed, a social worker with the Asperger’s Association of New England. “This is not a group prone to violence,” he said. “If anything, they’re often the targets of violence.”

In 2003, a Texas jury acquitted a man with Asperger’s in the killing of a neighbor. A year later, a Missouri appeals court overturned a first-degree murder conviction on the grounds that jurors weren’t allowed to hear of James Boyd III’s similar diagnosis. Boyd, who was serving a life sentence, this month entered a no-contest plea to second-degree murder and is scheduled to be sentenced in March.

Jeffrey Denner, a defense attorney, said a disorder like Asperger’s is more likely to result in a reduced sentence than an acquittal.

Odgren’s lawyer, Jonathan Shapiro, said Odgren has taken medications for years and has a “serious disability,” adding: “The defendant has a history of fairly serious psychological diagnoses and has suffered from hyperactivity dysfunction for many years.”

After the stabbing, Odgren allegedly blurted out, “I did it! I did it!” a prosecutor said. A police report said that he also said, “Is he OK? I don’t want him to die.”

According to the Centers for Disease Control and Prevention, two to six children in 1,000 have one of the autism spectrum disorders such as Asperger’s. Scientists think genetic and environmental factors cause it.

Asperger’s is named after Dr. Hans Asperger, who wrote about the disease in 1944. But it was not officially classified as a psychiatric disorder until 50 years later.


TOPICS: Miscellaneous
KEYWORDS: aspergers; highschool; massachusetts; stabbing
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Whether or not Odgren sees prison, he will most likely live to a ripe old age while his victim never got to see his 16th birthday.

>>mild form of autism

What he did was anything but mild: brutal, fatal stabbing of a classmate

>>“This is not a group prone to violence,” he said.

So don't blame it on the Asperger's. Blame it on his interest in knives (this sounds like a "thrill kill"), a violent culture, or being just plain evil. Columbine, Massachusetts.

1 posted on 01/21/2007 6:30:46 AM PST by raccoonradio
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To: raccoonradio
According to the Centers for Disease Control and Prevention, two to six children in 1,000 have one of the autism spectrum disorders such as Asperger’s. Scientists think genetic and environmental factors cause it.

That's nice. They have no idea what 'it' is but it has allowed people to get away with murder apparently. We need to infect the judiciary with a 'do my job and punish the criminals' syndrome.
2 posted on 01/21/2007 6:36:23 AM PST by kinoxi
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To: kinoxi

Then perhaps people with Asberger's need to be locked up. Because if they cannot help it when they kill people, and should be excused, then WE are all at risk.


3 posted on 01/21/2007 6:39:17 AM PST by bboop (Stealth Tutor)
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To: raccoonradio

So now if you're Autistic you can murder people?

And that's okay?

Another abuse of a tragedy - autism. Autism is not an excuse to murder or stab people. Geesh!


4 posted on 01/21/2007 6:41:02 AM PST by nmh (Intelligent people recognize Intelligent Design (God) .)
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To: raccoonradio

I've Asperger's and these people need to be locked up for a long time. It's sickening that people get away with crimes such as these.


5 posted on 01/21/2007 6:42:21 AM PST by LtdGovt ("Where government moves in, community retreats and civil society disintegrates" -Janice Rogers Brown)
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To: raccoonradio

If people can use Asperger as an excuse for killing someone, then people with that disorder should be kept out of school in order to protect our children. Apparently, it would also reduce bullying in the schools which is also a good thing.


6 posted on 01/21/2007 6:45:19 AM PST by Tai_Chung
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To: LtdGovt

What's sickening is that Asperger's is being used as an excuse. The successful use of this defense puts everyone who has this syndrome under a cloud of suspicion. That's not fair to you and any others with this syndrome .


7 posted on 01/21/2007 6:49:27 AM PST by Clara Lou
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To: nmh
So now if you're Autistic you can murder people?

Well, in all fairness, the US Supreme Court has taken it upon itself to protect murderous " retards " from the death penalty.

Atkins v Virginia

8 posted on 01/21/2007 6:51:12 AM PST by csvset
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To: raccoonradio

Wow, what a misapplication. If anything, people with Asperger's are socially withdrawn and lack emotion -- not the types at all to engage in a sudden fit of murderous rage.


9 posted on 01/21/2007 6:57:26 AM PST by rightwinggoth
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To: csvset

So what if your "normal" and just having a bad day - feeling like a "retard" is there immunity for that too?
After all, not every day is stellar for a "normal" person?


10 posted on 01/21/2007 6:59:15 AM PST by nmh (Intelligent people recognize Intelligent Design (God) .)
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To: raccoonradio
Why was this boy even allowed to attend a public high school? If the court system won't hold him accountable, then perhaps they should put the entire Massachusetts educational system, and it's attendant minions, disability advocacy, NEA, special ed concept, and the administrations on trial.

Who is "celebrating diversity" at Lincoln--Sudbury Regional High now? Certainly not the family of the dead boy.
11 posted on 01/21/2007 7:00:15 AM PST by ishabibble (ALL-AMERICAN INFIDEL)
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To: Tai_Chung

So the answer to bullying is to remove all the potential victims from school? Bullies will always find someone weaker. Bullies are the ones who need to be removed or controlled; as the psychologist says, Asperger's people are usually less violent than average. Many bullies are junior sociopaths and future violent criminals. The growing incidence of bullying in schools is a severe problem, which hurts many children. Don't engage in "blaming the victim."


12 posted on 01/21/2007 7:03:49 AM PST by hellbender
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To: raccoonradio

bump for later


13 posted on 01/21/2007 7:08:31 AM PST by jamaly (I evacuate early and often!)
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To: raccoonradio
Modern legal theory says that you only punish those who can be considered morally accountable for their actions. This is why we don't bring animals to trial when they cause a death or serious injury. However, we do euthanize them in recognition of their uncontrollable nature, their continuing danger to humans and other animals, and out of our reluctance to permanently house and feed them in close confinement until they expire naturally

This 16 year-old boy has a mental defect that cannot be controlled even with medication and has proven, in the most horrific way, that he cannot be free within the general population without endangering others. Death, in this case, is a punishment disallowed by his mental incapacity. Permanent confinement removes him from the general population but imposes the cost of confining him on society. It would be appropriate if the people who had responsibility for monitoring and supervising him - and who failed to respond vigorously to his fascination to killing and knives prior to the event (i.e., the physicians, special education teachers and parents) - had to pay for his confinement in a secure mental institution. If he were to miraculously recover from this syndrome, Odgren should be transferred to a penitentiary for the remainder of his natural life.

Personally, I hope the parents of the slain boy sue the a** off of everybody that had a duty to monitor and supervise Odgren and failed to act. Those accountable persons can and should be punished both for themselves and for the fire it will light under the behinds of others in similar positions of responsibility who take their duties lightly.

Anyone know (or have a links to) the status of the lawsuits arising from the Columbine, CO school massacre?
14 posted on 01/21/2007 7:08:38 AM PST by Captain Rhino ( Dollars spent in India help a friend; dollars spent in China arm an enemy.)
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To: raccoonradio

More fallout from the mandate to mainstream sped kids.


15 posted on 01/21/2007 7:16:05 AM PST by pabianice
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To: Captain Rhino

I know kids with Asbergers. They surely do know right from wrong. It's ALWAYS a crock to say "He couldn't help it." I believe even Muslim Jihadists know that it is against God's law to murder.


16 posted on 01/21/2007 7:17:27 AM PST by bboop (Stealth Tutor)
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To: Captain Rhino
Personally, I hope the parents of the slain boy sue the a** off of everybody that had a duty to monitor and supervise Odgren and failed to act.

I missed the part in the article that said this boy had a history of violent or uncontrollable behavior. Without that history, I don't see the culpability of the school administration.

"Normal" people can commit violent crimes without warning too, yet the school administration is not always responsible.

17 posted on 01/21/2007 7:20:07 AM PST by GOP_Party_Animal
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To: raccoonradio
I do not believe that being bullied or having Asperger's entitles people to get away with murder.

On the other hand, people with Asperger's have trouble with the jerks who work and attend public schools.

Home schooling is the best option for children with Asperger's. The private Christian schools are a distant second option. Bullying takes place in class rooms where teachers are using social pressure to make students who stand out conform.

Ironically the more unique children are the more pressure the parents will receive to put them in a public school.
18 posted on 01/21/2007 8:19:53 AM PST by perseid 67
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To: perseid 67

I don't know whether bullying was a factor in this case, but I do know that no one who hasn't been seriously bullied, stalked, or harassed over a long period has the slightest clue of what this does to the victim. It is utterly ruinous. I could easily imagine bullying leading to justifiable homicide.

Also, bullying has nothing to do with teachers punishing people who "stand out," nor is it likely to happen in classrooms. It is more likely to happen in hallways, stairwells, bathrooms, locker rooms, etc. As I said before, many of the perpetrators are junior sociopaths who are headed for a life of violent crime. They are the ones who should be rooted out of schools--not the Asperger's types, assuming the latter are able to behave in class.


19 posted on 01/21/2007 9:13:18 AM PST by hellbender
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To: raccoonradio; Captain Rhino

"Blame it on his interest in knives "




I always carried a knife in elementary school, I shared a big interest in fighting knives with my fellow soldiers (American and foreign), I always have at least two knives on me as an adult, and I belong to two knife forums.

I hope there isn't some new trend to start attacking the natural male interest in knives.


20 posted on 01/21/2007 9:18:10 AM PST by ansel12 (America, love it ,or at least give up your home citizenship before accepting ours too.)
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