It's Defense 2 and State 1 as far as experts who think Joel Bailey was probably insane when he killed his father Eugene and wounded his mother Dorothy, September 9, 2007.
Psychiatrist Dr. Jim Anderson of Lake Charles believes Bailey was having a psychotic episode when the shooting happened and that he didn't consciously murder his father. As far as why Bailey dumped the shotgun and shells in a creek, and then fled to Mississippi--implying guilt--Anderson says Bailey, at some point, realized something terrible had happened and responded.
Psychologist Dr. Charles Vosburg, from the state hospital in Jackson, says there is no doubt that Bailey suffers from schizophrenia and that it's more likely than not that he lacked the capacity to know right from wrong when the shootings occurred.
Neither expert was aware of Bailey expressing anger toward his parents which would suggest a motive. However earlier, psychiatrist Dr. George Seiden testified Bailey did tell him in an unrecorded interview that he did feel anger toward them.
Seiden testified that Bailey was sane at the time of the shooting and that Bailey told him he was angry at his father--angry enough to kill him and shoot his mother who was also at fault. That contradicts what Bailey told Beauregard Sheriff's deputies when they interviewed him as well as the testimony of Anderson and Vosburg.
Seiden, hired by the state, believes Bailey was sane when he shot his parents and did know right from wrong as dumping the gun, running to Mississippi and hiding under a bridge would suggest. Seiden says psychotic people can still be capable of knowing right from wrong.
Seiden also testified, in the past, Bailey told him he had fantasized about taking weapons from deputies that transport him and that he told Dr. Seiden he knew that was a bad thought.
The legal question that must be answered to decide if someone is insane at the time of crime is whether he suffered from a mental disease or defect, and whether it made him unable to distinguish between right and wrong.
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