“Where she belongs,” James piped up.
Michael nodded, agreeing with James.
“Instead of the initial trial that would have been used to determine if she was guilty and if a sanity trial would be needed, this plea jumps them right ahead to the sanity trial.”
“Okay, that makes sense. So her legal team already knows she’d be found guilty and moved ahead to the next stage,” I recited what I thought I understood.
“Exactly. Elise admits guilt of the offense by pleading insanity in defense. The insanity plea is a way of her saying, ‘yes, I did it, but I didn’t understand what I was doing,’” Michael explained.
“What happens at the sanity trial?” I asked.
“This is where those psychiatrists come into play. They need to show that Elise either didn’t know the act was wrong, or she didn’t understand the nature of the stabbing. Meaning, the doctors would need to show that Elise didn’t know that stabbing someone with a knife could potentially kill them.”
“What happens if they’re successful?” I asked.
“Then she will be found not guilty by reason of insanity. A jury can’t determine someone to be guilty of something they didn’t think was wrong or understand the nature or possible outcome of. That’s why it would be a finding of not guilty by insanity.”
“Got it.”
“If that is the verdict, then Elise would be sentenced to a state mental hospital. Not a private one, but one run by the state. This is done for a couple of obvious reasons. One, it protects society from her, and two, they will try to rehabilitate her.”
“Isn’t this somewhat of a stretch?” I asked. I didn’t understand how Elise could even say she had no idea stabbing me was wrong, or that it could have killed me.
“Sadly, it’s a way to play the system and avoid real prison time. These are very serious charges that come with lengthy prison terms.”
“How long would she stay at the mental facility?” James inquired.
Michael’s lips formed a tight line, and he held his hands up, unable to commit to an answer.
“It’s difficult to say for certain. She would need to stay until the hospital rehabilitates her and she regains her sanity. That could be six months, a year, two years.”
“For the rest of her life?” Even though I couldn’t imagine her going away for life, I still asked.
“Yes. It could be. The attempted murder charge comes with the price tag of up to life in prison. The assault and battery charge could be up to five years. Both of these charges are felonies. There are seven documented stab wounds on your chest, back, and abdomen. So, by using the insanity card, she would be sentenced to a mental facility and would remain there until she’s either regained sanity or the equivalent to the max term of the sentence. In this particular charged case, Elise is facing five years to life in prison. For example, say she’s sentenced to twenty-five years. If at ten years in, she’s determined to be sane, she would be set free. If sanity is never reached, at the end of her sentence, if she’s still in the hospital, she would be set free.”
I nodded as I tried to absorb everything and the order in which things would take place.
“Do I need to do anything?” I asked. I wondered if I would have to testify.
“Not likely. Since there won’t be a trial to determine guilt, that has possibly severed the need for you to testify. Had the case gone to trial, then you possibly would have. However, the sanity trial will only be to determine if she understood the depth of what she was doing or not.”
“Okay.” I sighed and looked at James. I thought I was straight on all the info and understood what was going on. Actually, I understood it much better than before the appointment.
James and I were quiet on the way to his car. My mind was busy replaying a lot of what Michael had talked about. Occasionally, my thoughts drifted to the early morning hours when Elise had stabbed me. After I pulled my seat belt on and clicked it into place, James spoke up.
“How is everything sitting with you?”
I had no idea. I took as deep of a breath as I could and then exhaled loudly.
“I don’t know.”
When I realized he hadn’t started the car yet and was waiting for me to elaborate, I pulled my thoughts together.
“I guess it’s fine. I mean, it’s out of our hands… or my hands. I suppose the weird part is hearing that she’s pleading insanity.” I took another deep breath. “It makes me wonder how much she and I had shared where she might not have been aware of what she was doing. How many of the other times were when she was insane? Had she been selectively insane? When she threw my book in the fire? Or all the times she ignored my safe word? Or—”
“Andrew, had there been more than the one time she ignored it?”
I sighed and closed my eyes. I couldn’t handle hearing the disappointment in his voice or seeing it on his face. I should have known better after the first time. I should have. James had taught me better.
