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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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To: chargers fan
Kids with Asperger's can be helped. When my parents found out when I was young that I had Asperger's my parents worked with me and gave me all the support I needed. It worked as I'm now able to interact normally with people socially and have reached the top of my class both in high school and college.

I am so glad to hear that you are doing well. It gives me encouragement and comfort. Good luck to you and your parents. I'm sure you have a very bright future ahead of you.

41 posted on 02/14/2007 8:59:05 PM PST by jamaly (I evacuate early and often!)
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To: freespirited

"So, IOW, he had no trouble understanding that if you stab someone you just might kill him."

One trait of Asperger's is an inability to feel or express the normal range of human emotion. There is an inability to "read" emotions in others (lack of empathy), and the person with Asperger's attempts to express emotion may seem forced - or inappropriate to the situation.

Last year we had our son tested as he displayed some of the symptoms, but when it came to expressing emotion and judging emotion in others - he was able to do this, so Asperger's was ruled out.


42 posted on 02/14/2007 9:13:39 PM PST by Scotswife
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To: Dionysius

"He chooses to disregard it like a true sociopath which is his real pathology. IMHO, Asperger's (like Tourette's, ADD, ADHD, etc.) is simply an alibi for bad parenting and a consequence of a permissive society."

Asperger's is very real.
Your limited adecdotal experience does not negate what is being learned about Asperger's.
There are many good parents who have Asperger's children.


43 posted on 02/14/2007 9:16:09 PM PST by Scotswife
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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.

More and more forms of mental retardation are being diagnosed as autism, I guess because there is less stigma attached to autism.

44 posted on 02/14/2007 9:17:29 PM PST by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: jamaly

"If they are allowed to stay home and "hide from the world" they will quickly become house bound and very hard, if not impossible to change by junior high. At least that is the advice we were given. It certainly isn't easy; but, so far it works."

While my son was not diagnosed with Asperger's, he displays some Asperger-like social symptoms.
Your post rings true about not allowing this type of child to hide from the world.

One thing that has helped my son immensely is that we have a large family.
He is forced to socially interact with his siblings every day - they are his best therapy.

If he were an only child I don't think he'd be doing as well.


45 posted on 02/14/2007 9:21:18 PM PST by Scotswife
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To: jamaly

Have you heard of "Brainman" ??

I thought you'd like to read about this guy if you haven't already.
He gives a fascinating peek inside the brain of a person with Asperger's.

http://www.cbsnews.com/stories/2007/01/26/60minutes/main2401846.shtml


46 posted on 02/14/2007 9:35:03 PM PST by Scotswife
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To: Scotswife

I actually saw that segment of 60 Minutes when it aired. We watch anything we hear about on Autism or Asperger's. Every little bit of information we get helps.


47 posted on 02/15/2007 7:18:28 AM PST by jamaly (I evacuate early and often!)
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To: jamaly

We started reading alot about Asperger's this time last year when we were convinced our son had it.
Now it appears that he may have a "central auditory processing disorder" - which can lead to similar symptoms, but the cause of the problem is different.


48 posted on 02/15/2007 7:55:36 AM PST by Scotswife
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To: raccoonradio
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.

Dr. Hans also coined the term autism a year before the American who usually gets the credit. His research kept a number of his patients out of the gas chambers. When the disability cops showed up, Hans explained that some folks were truly brilliant because they reallocated their cognative resources in such as way as to support their areas of giftedness while stinting other aspects of personal development. Despite their awkwardness and incompetence in some areas, these were still people of value.

Running across the term "Asperberger's Syndrome" a few years ago connected a number of dots for me. Such as -- why does life seem to be so full of invisible trip wires and picket lines? You open your mouth, and the room goes suddenly silent ...

And yes, such people are frequently the targets of bullies.

49 posted on 02/15/2007 8:07:02 AM PST by TomSmedley (Calvinist, optimist, home schooling dad, exuberant husband, technical writer)
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To: rightwinggoth
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.

IMHO (speaking from the inside) they are more likely to be afraid of emotion, since their impulsiveness has so often led to painful consequences. The "flattening of affect" is a fear-driven clamping down upon one's emotional life.

50 posted on 02/15/2007 8:10:16 AM PST by TomSmedley (Calvinist, optimist, home schooling dad, exuberant husband, technical writer)
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To: jamaly

Unless a conscience is infused into a child by age ten, he/she will NEVER have a conscience. In my anecdotal experience, the kid in question was diagnosed with Asperger's by a single obliging practitioner at fifteen, therefore the malady has replaced the missing conscience and he is absolved from every misdeed. As the diagnosis is purely subjective (no blood test), it seems to me that the little darling might just as easily be a classic sociopath than a true sufferer. I don't know about you, but the thought of a sociopath running around with a "get-out-of-jail-free-card" is extremely frightening to this particular Neanderthal.


51 posted on 02/15/2007 8:35:08 AM PST by Dionysius
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To: bboop
I believe even Muslim Jihadists know that it is against God's law to murder.

They believe it's ok to kill "Monkeys and Dogs".

52 posted on 02/15/2007 8:41:56 AM PST by Dan(9698)
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To: jamaly
Given the right support from parents, family, school and doctors children with Asperger's can lead productive lives. If the problems aren't recognized or ignored they have little chance of a normal life.

You omit the possibility of divine intervention through conversion. Even then, the "way of the cross" can take decades to humanize the disciple! Painful, but worthwhile.

53 posted on 02/15/2007 8:51:09 AM PST by TomSmedley (Calvinist, optimist, home schooling dad, exuberant husband, technical writer)
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To: kinoxi

I agree with most. My son has Asperger's and his reaction many time is to physically 'lash out'; followed immediatly by being very sorry and depressed over what he did (hitting, scratching, maybe bite.) He's 3 years old.

You do NOT plan out an attack if you have Aspergers.

That defense is total nonsense.


54 posted on 02/15/2007 8:55:32 AM PST by Hammerhead
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To: jamaly
Asperger's flourish in schools which are well organized and disciplined. Most of our public schools and many private schools aren't stuctured enough for such students to become successful. If the normal students are modeling bad behavior, Asperger students will pick up on it and model it with sometimes disastrous results.

You are right about team sports and other social activities. If the Asperger student is talented in sports the public schools will help. If not, it is up to the parents to involve the Asperger kid in sports teams out side of school.
55 posted on 02/15/2007 9:41:16 AM PST by perseid 67 (A bleeding heart does nothing but ruin the carpet.)
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To: bboop

Watch it. I have Asperger’s too. And if were going to use that logic, why not lock up everybody preemptively? This is just lawyers using whatever they can to shield there client. Just because he has it doesn’t mean he can get away with killing people. He’s still in control of himself.


56 posted on 10/21/2007 5:15:09 PM PDT by quiet
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To: quiet

I think I was joking. It is of course no excuse. We can all muster up many excuses, but in the end they are all pretty lame.


57 posted on 10/21/2007 9:03:57 PM PDT by bboop (Stealth Tutor)
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To: raccoonradio

Yet schools continue to “include” Asberger’s kids in classes. In my son’s former school which intergrated them, the 3 worst kids were all “Asberger’s” kids.


58 posted on 10/21/2007 9:07:39 PM PDT by montag813
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