View Full Version : PTSD?
CoLawman
11-13-2008, 07:16
This homicide case now rests with the jury. The defense is PTSD. Cortez was a Marine medic with two tours to Iraq. The defense contends (with 7 experts agreeing to different degrees) that Cortez is not guilty by reason of insanity or he was unable to forumlate intent, which is a requirement for First Degree Murder. I will keep you posted.
http://www.greeleytribune.com/article/20081113/NEWS/811129934/1051&ParentProfile=1001&title=Attorneys%20present%20their%20closing%20argu ments%20in%20Cortez%20trial
Sounds like BS to me.
The criteria to be deemed Not Guilty By Reason of Insanity (NGRI) varies from state to state, but essentially one has to not be able to discern right from wrong or be able to adhere to the right.
The ability to plan a murder (get shotgun, load shotgun, drive to a specific location, sneak up, etc....) suggests a degree of forethought that demonstrates the defendant met the requirements for legal competency.
Severe PTSD can be incapacitating, but in those cases it is unlikely someone could plan and successfully execute a murder. From the article, there is no suggestion the defendant lost his ability to tell right from wrong. I suspect an argument could be made that he wasn't able to adhere to the right, that he acted on an uncontrollable impulse, but here again circumstances and his demonstrated forethought would argue otherwise. From the article's report, sounds like intent was there.
Jury might feel sympathetic though....
AngelsSix
11-13-2008, 18:17
If the jury fails to convict this guy on first-degree, it will be a shame. That young woman lost her life to a man out of control, and it had nothing to do with his tours in Iraq, there are plenty of men that have lived and seen much worse, and don't use that as an excuse to behave badly. You can overcome traumatic events, just ask Doc.
jcwhite2
11-13-2008, 19:09
If he had only been to that house once, I'd say some mental problem could be argued, considering psychiatrists findings, but he went there 3 different times. Someone acting out of their own self control doesn't go three times. They go once. He's guilty as sin IMHO.
CoLawman
11-14-2008, 00:22
Judge Jim Hartmann unleashed on the convicted during the penalty phase. The judge requested two hours to prepare for sentencing after the guilty verdict which was a shock. Normally sentence is imposed immediately.....then we found out why the Honorable Judge required two hours.
He unleashed his fury at not only the convicted but the convicted's attorney. He basically stated that the cowardly attempt to use PTSD as an excuse for his actions was an insult to all men and women who had served this great nation. He stated that soldiers return from war effected by what they had seen, effected by what they had experienced not to seek pity or use it as a crutch but to become this country's most productive and patriotic members of America's fabric.
Judge Hartmann reminded the packed courtroom that the law gives him no discretion on the sentence for First Degree Murder and in keeping with the law imposed life without parole. Judge Hartmann then remarked. You have been convicted of other crimes for which I have discretion. Although I realize the sentence I impose as a result of those convictions will have no bearing on the fact that you have already received a sentence that will result in your dying in prison. But on this day so close to a national holiday honoring our veterans I will receive personal satisfaction in handing down the sentences for the accompanying convictions. The judge went on to sentence Cortez on each additional count at the maximum range to be served consecutively.
I am proud to state that the young judge is a friend I have known since he was fresh out of law school.
I am also proud to say I have a friend who returned from the Vietnam war to lead a successful law enforcement career in our county. He was a faithful and loving husband and a doting father. The convicted, Mr. Cortez may never know anything about my buddy, Jim Hartmann Sr. But he will never forget his son, the Right Honorable Jim Hartmann Jr.
http://www.greeleytribune.com/article/20081113/NEWS01/811139993/1001&title=Cortez%20gets%20life%20plus%2080%20years
I can't say what he was thinking, I leave it to the experts. PTSD effects different people differently, it's not like there are rules that say, "well you've experienced X,Y, and Z therefore your PTSD is a level such and such" many factors are involved; propensity towards violence, childhood, physical fitness, fatigue, cigarette smoker, etc., are just some I've heard about in our PTSD death by power point briefings.
Leave it to the experts, they study this stuff, that's why they have letters behind their names.
This is why we have trials, so all the evidence can be laid out before the judge and jury an they can make the appropriate determination. If he is faking it, I'm sure a decent hard working prosecutor can demonstrate that. There are consequences for a nation at war, the mental health of war veterans is one of them. Not all war fighters are model citizens, if we were we'd be cops.;)
brianksain
11-19-2008, 09:07
Society just can't believe that people exist that have no qualm killing you for no good reason.
Therefore ... he MUST be crazy.
Not my job to psychoanalyze him ...
But God help him if he is wrongly hurting people and wanders into my reticle.
No matter his citizenship, service record or mental state.
Romans 13:1-4
Team Sergeant
11-19-2008, 09:27
Cortez had pleaded not guilty by reason of insanity to all charges saying his Post Traumatic Stress Disorder prevented him from forming the required mental state for such a crime. Cortez served two tours of duty in Iraq as a medic.
http://www.greeleytribune.com/article/20081113/NEWS01/811139993/1001&title=Cortez%20gets%20life%20plus%2080%20years
Most cases of PTSD I'm aware of the individual becomes much less agressive, not more.
This individual had the presence of mind to "double tap" his victim, knowing, IMO that one shot just may not do it. He also brought a shotgun to close the deal, not a handgun which would be much easier to conceal. I've little doubt he knew exactly what he was doing and how it would end.
IMO this moron got the sentence he deserved.
Team Sergeant
I think TS is correct. Problem with PTSD, is that this view comes from the Societal view of PTSD, which comes from Holly Weird, the media, etc which is BS.
A person needs to be careful where they pick up knowledge on PTSD.
The VA, and Veteran service groups along with state's Department of Veterans are the best choices.
A simple view of PTSD is, it is a very normal reaction to a very abnormal traumatic event. A person with PTSD may also have other problems. Don't confuse those other problems as being PTSD symptoms.
This defense has been used in past. In one case, on further investigation the defendant was never in combat, had not had traumatic event while in duty.
.... A person needs to be careful where they pick up knowledge on PTSD ....
I agree. There is a lot of misinformation out there. Hollywood has created an inaccurate image of PTSD. And as Hollis points out, PTSD is often associated with other psychologic co-morbidities.
PTSD is an evolving diagnosis. It was only formally recognized in 1981. Although, in hindsight, Shakespeare recognized it before anyone else (see Lady Percy's soliloquy in Henry IV Part I, Act II, Scene III (http://www.monologuearchive.com/s/shakespeare_051.html)). Keep in mind that this diagnosis just represents a collection of symptoms. The actual physiologic underpinnings of PTSD are poorly understood although theories abound.
Regardless, there is nothing to suggest that PTSD played a role in the commission of this crime. To suggest otherwise is a great disservice to those who still bear the mental scars of their service.