Posted by kazoo on March 3, 2000, at 0:50:43
Prozac Defense Brings Acquittal
By COLIN POITRAS
The Hartford Courant
February 25, 2000MILFORD - In an extraordinary ruling believed to be the first of its kind in
Connecticut, a judge found Thursday that a high dosage of Prozac drove a
Wallingford man to commit a 1997 bank robbery.Superior Court Judge Richard E. Arnold acquitted Christopher DeAngelo, a
28-year-old insurance agent, because the defendant was unable to appreciate
that his actions were wrong.``This is not a case of somebody pulling a fast one,'' said defense attorney John
R. Williams, who argued that his client suffered from temporary insanity.
``These are hard, indisputable facts. This was someone who was driven to
commit crimes because of prescription drugs.''Arnold's 21-page ruling, which found DeAngelo innocent by reason of mental
defect or disability, appears to be rare nationwide. Claims based on Prozac use
have been raised but rejected in Kentucky, New York and Minnesota courts over
the past decade.DeAngelo was taking 60 mg of Prozac and a tranquilizer called Xanax to treat
depression and an obsessive-compulsive disorder, which one psychiatric
evaluation suggested may have been caused by Lyme disease.Williams claimed DeAngelo was taking two to three times the amount of Prozac
normally prescribed for a person in his condition when he robbed the First Union
Bank in Derby on Dec. 2, 1997.Three psychiatrists - including one hired by state prosecutors - backed up the
claim.The doctors agreed that DeAngelo's mental state probably was influenced by
the impairments brought on by Lyme disease coupled with an adverse reaction
to his medication. The psychiatrists said DeAngelo's mental state may also
have been affected by his family history of bipolar disorder and his abuse of
alcohol at the time he was taking the drugs.While Prozac and Xanax are commonly used to treat depression, psychiatrists
said the drugs, when taken together and in high doses, can have ``manic-like''
side effects.Had DeAngelo not been prescribed Prozac and Xanax, ``he would almost
certainly never have committed these crimes,'' said Dr. Peter Breggin, a
pyschiatric expert hired by the defense.Assistant State's Attorney Kevin Doyle praised the judge for issuing a clear and
thorough decision in a difficult case.``The issue here was that the defendant was overmedicated and because of his
unique history, that led him to have a manic attack,'' Doyle said.Doyle stressed that DeAngelo is not walking free after his acquittal Thursday by
reason of mental disease or defect.Arnold ordered him committed to the state Department of Mental Health and
Addiction Services for further evaluation. DeAngelo, who was previously free
after posting bail of more than $200,000, was taken to the Whiting Forensic
Division of Connecticut Valley Hospital in Middletown pending his next court
appearance on April 6.Based on further evaluation, DeAngelo could be committed to Whiting, the
state's maximum-security mental hospital, for more than 20 years, housed in a
community- based treatment program for a lesser amount of time or discharged
on his own recognizance.DeAngelo's legal troubles didn't end Thursday. He still faces charges in
connection with the robberies of a bank, department store and gas station in
Wallingford a week before the Derby robbery.But those charges may become academic. Williams said New Haven
authorities have been waiting for the Milford ruling before deciding what action
they will take.Williams said the crime spree was an extraordinary departure for DeAngelo,
who had no prior criminal history.``This guy is so squeaky clean. He's one of those people who wouldn't even
jaywalk,'' Williams said.Attorneys on both sides of the case stressed that it was DeAngelo's
``involuntary intoxication'' from the medication that led to the unusual acquittal.Unlike a person who may voluntarily use cocaine and then commit a crime,
DeAngelo was following his doctors' orders and taking his prescribed medication
in prescribed doses, unaware of the potential side-effects, Williams said.Prozac is a widely used antidepressant that has been prescribed for more than
17 million Americans and is available in more than 100 countries, according to
the Indianapolis-based Eli Lilly and Co., which manufactures the drug.Company spokesman Blair Austin said Thursday that it is not unusual for
criminal defendants to use any excuse to avoid prosecution. He denied Prozac
was to blame for DeAngelo's crimes.``Prozac did not in any way cause Christopher DeAngelo to commit these acts,''
Austin said. He called the judge's decision ``at odds'' with previous attempts by
defendants to use the so-called ``Prozac defense.''Indeed, DeAngelo is not the first person to try to use Prozac as a defense in a
criminal case.* In 1997, a Minnesota man claimed ``involuntary intoxication'' caused by a
mixture of alcohol, methamphetamine and Prozac led him to shoot his
estranged wife 11 times. A jury rejected the claim and Brad Voorhees was
convicted of first-degree murder and sentenced to life in prison.* In 1996, a man accused of two firebombings in the New York City subway
system blamed his behavior on a toxic combination of Prozac and other
prescription drugs. But Edward J. Leary's defense also failed and he was
convicted of 18 counts of attempted murder, assault and possession of a
weapon.* And in 1994, a Kentucky jury rejected a lawsuit in which survivors and victims
of a 1989 shooting rampage at a Louisville printing plant claimed Prozac caused
a former plant employee to turn homicidal. Joseph Wesbecker shot eight former
co-workers to death and wounded 12 others before killing himself.Eli Lilly and Co. has successfully defeated more than 70 complaints attempting
to link Prozac to violent behavior, according to past reports. Austin would not
say Thursday whether Arnold's ruling was a first.
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