The Insanity Plea

The Insanity Plea by Larry D. Thompson

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Authors: Larry D. Thompson
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Still, far too many are like Dan. If only the National Institutes of
Health or someone would put another few hundred million toward research. Let’s
just hope the one I started Dan on today works.”
    “Doctor Adashek, let me ask a
question as my brother’s lawyer, is he insane?”
    Dr. Adashek drummed his fingers on
his desk, then pulled at his goatee. “Mr. Little, schizophrenia is madness. Those who have the chronic
disease act bizarrely. They are possessed by unknown and unseen forces who
direct their actions. Most of us in the mental health professions know that
they can’t be held accountable for their actions. Yes, Mr. Little, Dan is mad.”
    With that, Dr. Adashek let out a
whooshing breath and slowly shook his head in obvious recognition that modern
medicine had failed Dan.
    Wayne stared at the books behind the
doctor while silence filled the room. The only sound to be heard was the
clicking of an old clock on the wall as the second hand made its perpetual
journey. Duke started to get up and lead Wayne out the door when Wayne spoke.
    “Doctor, I knew the answer to that
question, but I had to hear it from his treating psychiatrist. You know Dan has
been charged with murder. Will you testify for him in court?”
    This time the physician put away his
frustrations and responded promptly. “Absolutely, I will. Medically, he is
insane. I’ll so testify. But you guys are lawyers. You know how difficult it is
to get someone off on an insanity defense in this state. Medical insanity is
not the same as legal insanity.”
    “Yeah, Doc, we damn sure know,” Duke
replied. “But it may be our only choice.”

CHAPTER 24
     
     
    Wayne and Duke walked in silence back
up 18 th toward Duke’s car.
    “Dog, we need to go by and talk with
my mother. She doesn’t even know what we’ve been doing. I think we know enough
now to tell her what’s going on and discuss a game plan.”
    “No problem, Wayne. I got the whole
afternoon. Since I’m going to be spending time down here, I need a better
understanding of the territory. Why don’t you take me on a little walking tour
of where Dan hung out? Didn’t we pass the Salvation Army on the way over here?”
    By then they were in front of the
courthouse, where clusters of people talked in low voices and a couple of winos
slept on park benches, their faces covered with newspapers. Wayne pointed in
the direction they were walking. “Good idea. Two blocks up is Broadway. A couple
of blocks back to the right is the Salvation Army. We’ll start with it since we
know Dan hung out around there a lot.”
    As they walked, each man stripped off
his suit coat, flung it over his shoulder and loosened his tie. They turned the
corner on Broadway and could see the Salvation Army on the right. A few street
people were wandering aimlessly as they approached.
    When they got to the building, Wayne
opened the door to a second-hand store. They entered a world of junk and
hand-me-down clothes stacked on floor to ceiling shelves. A gray-haired woman
wearing a multi-colored shawl sat in a wheelchair, and asked if she could help
them. Wayne said no thanks. Duke walked over to a shelf full of hats. He picked
out a snap-brim fedora, checked himself out in the mirror and said, “I’ll take
this ma’am. I can always use another good looking hat.”
    The woman said it was five dollars. Duke
smiled and gave her a twenty, asking her to donate the rest. When they walked
away, Duke said, “I didn’t really need the hat. Just wanted to leave a little
something.”
    Out on the street, Wayne said, “Come
on. We’re close to the Old Galveston Cemetery. You can learn something about
the ancestors of the folks who will serve on our jury.”
    “Lead on, my man,” Duke replied as he
adjusted his new hat.
    Wayne pulled a handkerchief out of
his pants pocket and wiped his forehead while they walked, then said, “Okay,
Duke, in my three years as a prosecutor down here I never ran across a case
involving the

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