JD13.pdf

Violent Predators Hide Behind the Insanity Defense But They Know the Difference Between Right

and Wrong

Angel Maturino Resendiz, the so-called Railway Killer, has admitted killing nine people in two

years. His victims were bludgeoned, raped, beaten, stabbed, clubbed or shot. Some were hacked

into pieces.

In his death penalty trial for the Dec. 17, 1998, murder of Dr. Claudia Benton, Maturino Resendiz

has entered a plea of not guilty by reason of insanity. His attorneys have stated that he committed all

the murders he's accused of, including Benton's, but insist he was "insane at the time."

What does that mean? I may not be the most objective person to ask, as you'll see. I have a realist's

view of the insanity defense, built by years of face-to-face experience with violent, predatory

criminals, especially serial killers.

In short, the insanity defense is an assertion by the attorneys for the defendant that he did not

understand the difference between right and wrong when he committed the crime with which he's

charged, due to mental illness or mental defect. Because of this, the defense argues, the defendant

should not be held criminally responsible for, i.e. found guilty of, the crime.

Making choices

Jurors in a case in which the insanity defense has been employed are asked to decide whether the

defendant had the capacity to differentiate right from wrong. Psychiatric experts from both sides

testify, and their opinions might completely contradict those of one another. So how does the jury

decide? I think that would be an awfully difficult distinction to make.

But here's my personal problem with the plea: These serial killers and serial rapists all make

choices. We can debate and ponder whether they understood the morality of their choices, that

murky right-or-wrong issue. But I can't imagine many instances in which, for example, a violent

criminal bludgeons an elderly woman with a pick ax without understanding that he's causing her to

die.

Maturino Resendiz allegedly did this to one of his victims, a 73-year-old woman. Did he know that

what he was doing was wrong? After more than 25 years in criminal justice, I'm still not entirely

sure how that can be determined. What I'm more interested in is whether he knew he was hurting

her very badly and, finally, killing her.

Defense gambles on plea

Clearly, he did. Serial killers know what they're doing. They don't accidentally kill people. They

don't have a problem understanding what death means, and that they have the power to kill. That's

what excites them -- the act of frightening, controlling, hurting, dominating and ultimately, in a few

minutes or days, killing their victims.

Maturino Resendiz's attorneys admit that he meant to kill his victims. He apparently thinks they

were all "evil" and that -- as some sort of an avenging angel of God, with an apocalyptic message

for the world -- he was sent to kill them. Does this mean he's "not guilty by reason of insanity"?

If the jury thinks so, he won't be put to death. He'll be committed to a mental institution, probably

for a very long time, maybe the rest of his life. Knowing this was an option, a gamble the defense

might win, Maturino Resendiz and his attorneys chose to enter the insanity plea to try to save his

life.

Serial killers deserve to die

I argue that his victims never had a choice, so why should he? If I had one case to cite, one instance

where a violent criminal at Maturino Resendiz's level was treated successfully and rehabilitated into

a healthy human being, I might feel differently. But I know this: Serial killers cannot be

rehabilitated. I'd stake my life on it.

So if he spends his life in a mental institution instead of being put to death, it will be because the

jury feels that due to whatever debilitating, impairing mental disorder the defense will claim he has,

they must act mercifully toward him and spare his life.

Serial killers don't deserve our mercy. For the murders they've committed, I believe they deserve to

die. To prevent them from killing again, I believe they deserve to die. I don't apologize for those

statements. I've looked into the eyes of so many serial killers and seen not just an utter lack of

remorse but a frightening truth: If you let me out, I'll do it again.

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