Post by Anja Nieser on Sept 14, 2006 11:59:32 GMT -5
Is the man accused of killing two women delusional?----Lawyers ask judge
to rethink ruling
Over the past several months, the man accused of killing his grandmother
and ex-girlfriend has slipped further into a paranoid, delusional state,
distrusting his lawyers and making it unlikely he can assist with his
defense, according to his lawyers.
Defense lawyers for 34-year-old Rosario "Russell" Miraglia have asked
Superior Court Judge Paul F. Chaiet to reconsider his determination that
Miraglia is mentally fit to stand trial in his death penalty case.
The judge ruled in November that while he believed Miraglia suffered from
paranoid schizophrenia, the defendant could cogently explain what happened
to his attorneys, understood the legal process and could participate in
his defense. 5 mental health experts had testified at the competency
hearings - 3 saying Miraglia was faking mental illness and two diagnosing
him as paranoid schizophrenic and delusional.
On June 8, 2004, Ocean Township police discovered the bodies of Miraglia's
88-year-old grandmother Julia and 31-year-old ex-girlfriend Leigh Martinez
in an Ocean Township house after he called 911. Miraglia decapitated both
victims, then systematically severed their hands and feet, prosecutors
said.
Miraglia has said he killed them on a directive from God. He has since
told psychologists that the devil's agents made him believe God was
speaking to him.
Prosecutors have maintained that Miraglia is faking symptoms of mental
illness. Miraglia's lawyers, Carl J. Herman and Joseph Krakora, are
planning to use an insanity defense at his trial, scheduled to start Sept.
25.
To provide evidence of Miraglia's decline, Krakora called Lois Nardone, a
social worker hired to prepare a social history of Miraglia for the
penalty phase of the trial if he is convicted.
Nardone said that in recent months, it became increasingly difficult to
discuss anything with Miraglia about his history other than his beliefs
about the CIA, a distrust of his attorneys and a conspiracy involving
corrections officers and inmates.
"I am unable to talk with him about anything except his delusions now,"
she said.
Elliot Atkins, a psychologist who had previously diagnosed Miraglia with
paranoid schizophrenia and delusions, also said an August evaluation
showed that Miraglia had deteriorated mentally.
"His delusions are interfering with his ability to trust his attorneys and
work with them in his own defense," he said.
But Philadelphia-based psychiatrist Timothy Michals, who also met with
Miraglia in August, said Wednesday he stood by his initial diagnosis that
Miraglia is faking and exaggerating mental illness symptoms. He said
Miraglia, who he described as "a calculating, clever person," is competent
to stand trial.
Chaiet in November ordered appropriate psychological treatment in jail for
Miraglia. Miraglia was seen on 3 dates; on 2 of the occasions, the reports
noted there was no urgent need for treatment.
The hearing will be completed Tuesday when Miraglia will testify. If
Chaiet determines Miraglia is competent, he said he'll hold a hearing to
decide whether Miraglia had the mental capability to voluntarily waive his
rights when agreeing to speak to authorities.
(source: Asbury Park Press)
to rethink ruling
Over the past several months, the man accused of killing his grandmother
and ex-girlfriend has slipped further into a paranoid, delusional state,
distrusting his lawyers and making it unlikely he can assist with his
defense, according to his lawyers.
Defense lawyers for 34-year-old Rosario "Russell" Miraglia have asked
Superior Court Judge Paul F. Chaiet to reconsider his determination that
Miraglia is mentally fit to stand trial in his death penalty case.
The judge ruled in November that while he believed Miraglia suffered from
paranoid schizophrenia, the defendant could cogently explain what happened
to his attorneys, understood the legal process and could participate in
his defense. 5 mental health experts had testified at the competency
hearings - 3 saying Miraglia was faking mental illness and two diagnosing
him as paranoid schizophrenic and delusional.
On June 8, 2004, Ocean Township police discovered the bodies of Miraglia's
88-year-old grandmother Julia and 31-year-old ex-girlfriend Leigh Martinez
in an Ocean Township house after he called 911. Miraglia decapitated both
victims, then systematically severed their hands and feet, prosecutors
said.
Miraglia has said he killed them on a directive from God. He has since
told psychologists that the devil's agents made him believe God was
speaking to him.
Prosecutors have maintained that Miraglia is faking symptoms of mental
illness. Miraglia's lawyers, Carl J. Herman and Joseph Krakora, are
planning to use an insanity defense at his trial, scheduled to start Sept.
25.
To provide evidence of Miraglia's decline, Krakora called Lois Nardone, a
social worker hired to prepare a social history of Miraglia for the
penalty phase of the trial if he is convicted.
Nardone said that in recent months, it became increasingly difficult to
discuss anything with Miraglia about his history other than his beliefs
about the CIA, a distrust of his attorneys and a conspiracy involving
corrections officers and inmates.
"I am unable to talk with him about anything except his delusions now,"
she said.
Elliot Atkins, a psychologist who had previously diagnosed Miraglia with
paranoid schizophrenia and delusions, also said an August evaluation
showed that Miraglia had deteriorated mentally.
"His delusions are interfering with his ability to trust his attorneys and
work with them in his own defense," he said.
But Philadelphia-based psychiatrist Timothy Michals, who also met with
Miraglia in August, said Wednesday he stood by his initial diagnosis that
Miraglia is faking and exaggerating mental illness symptoms. He said
Miraglia, who he described as "a calculating, clever person," is competent
to stand trial.
Chaiet in November ordered appropriate psychological treatment in jail for
Miraglia. Miraglia was seen on 3 dates; on 2 of the occasions, the reports
noted there was no urgent need for treatment.
The hearing will be completed Tuesday when Miraglia will testify. If
Chaiet determines Miraglia is competent, he said he'll hold a hearing to
decide whether Miraglia had the mental capability to voluntarily waive his
rights when agreeing to speak to authorities.
(source: Asbury Park Press)