What happens after an insanity verdict?

LAKE CITY — For the next two months, Amy Musselman will be constantly evaluated.

After being found not guilty by reason of insanity on an open murder charge, Musselman was sent back to the downstate forensic center where she’s been housed since shortly after shooting and killing her 7-year-old daughter on Sept. 13, 2006.

Along with Musselman will be Circuit Court Judge Bill Fagerman’s ruling about her insanity and his ruling that he believes she is responsible for the death of Alyssa Paige Musselman.

Once the 60-day period expires, Missaukee County Prosecutor Bill Donnelly can petition the county’s probate court to involuntarily hospitalize Musselman under the Michigan Mental Health Code.

T.J. Bucholz, spokesman for the Michigan Department of Community Health, said the person’s hospital stay depends on the criminal record, past convictions and recommendations from the prosecution and defense.

If Musselman is involuntarily hospitalized, and it’s highly likely she will be, Bucholz said there is a five-year period where Musselman will remain in a hospital while she is evaluated on her state of mind and course of treatment.

“These facilities are not prisons, the people that reside in them are patients with considerable mental illnesses,” Bucholz said. “Any not guilty by reason of insanity patient is treated very seriously.”

“Some people go through the process and are later released,” he said. “Some people stay in there the rest of their lives.”

Speaking on the process, Wexford County Probate Judge Kenneth Tacoma said a person can be voluntarily hospitalized if deemed a threat to his- or herself or others.

In insanity cases, Tacoma said there is a specific group at the forensic center that handles NGRI cases.

“Typically, they recommend a hospitalization program and an indefinite stay,” Tacoma said. “Not guilty by reason of insanity cases that involve violence are heavily scrutinized by the committee.”

About 20 years ago, Tacoma said there was an incident where NGRI patients were released before they were ready and it led to some consequences. Hence, NGRI cases are given the highest degree of scrutiny.

After some time, a patient has annual assessments that involve probate judges. The committee will review the treatment for the patient and make recommendations based on the person’s progress.

Victims or family members are notified but Tacoma said the focus of the hearing is on the current course of treatment.

Dr. William J. Winslade, a professor at the University of Texas Medical Branch and author on mental health and legal issues, said if the person is deemed dangerous, he or she can be hospitalized for a long period of time.

But it’s a tricky area.

“If someone has been ill and had not received treatment and is subsequently treated and done so successfully, she might not be dangerous anymore,” Winslade said. “Nobody takes lightly the evaluation of someone that’s killed another human being. In forensic evaluations, they do quite a lot of testing and use different techniques of evaluating.”

In the case of Andrea Yates, who was found NGRI after a second trial, she has been hospitalized for several years and Winslade believes she will remain involuntarily hospitalized for a long time.

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Not guilty by reason of insanity

Amy Musselman was found not guilty of murdering her daughter by reason of insanity.

So what does that mean?

Musselman will spend the next 60 days at a state hospital where she’ll be evaluated and a report will be given on her condition to the local court system.

At that point, the Missaukee County Prosecutor can petition the probate court to have her involuntarily hospitalized.

If granted, Musselman will remain in the hospital for a minimum of five years. At that point, she’ll be reviewed to determine if her condition has improved.

In not guilty by reason of insanity cases, a special committee oversees her condition and treatment. Those cases are subject to the highest scrutiny the hospital can give.

mwhetstone@cadillacnews.com | 775-NEWS (6397)