NGI (mental responsibility) cases can be difficult as the client bears the burden to prove that he/she was not mentally responsible for their crimes, it is twice as difficult when dealing with Child Pornography charges.
In this situation, the client was arrested after a search warrant was executed at his residence. Law enforcement ultimately searched all electronic equipment belonging to the client and located multiple images of child pornography on his phone and computer.
The client also suffered from a Major Depressive Disorder, that disorder was uncovered when he was evaluated by our expert to determine whether he was mentally responsible. Many people suffer from depression and convincing a judge or jury that that depression made the client unable to conform his behavior to those society expects was a tall task. The state had the client evaluated after our expert provided his opinion and the state's doctor found the client was able to conform his behavior.
The matter went to trial on the issue of mental responsibility. The first decision was to waive jury and let the judge decide the issue. We did this for many reasons, including the fact that the judge knew a finding of mental responsibility required the client spend at least the next three years in prison.
The matter was tried to the court and after hearing testimony from both experts, the court made the finding that the client was not able to conform his behavior and found the client not guilty by reason of mental disease or defect. The client ended up getting released on conditional release, getting a social worker to assist him while living in the community as opposed to the mandatory 3 years in prison.