The murder trial of David Tarloff, accused of killing psychologist Kathyrn Faughey on February 12, 2008, was ruled a mistrial today, as the jury informed the presiding judge,Justice Edward McLaughlin, thatthey were at a deadlock.
Tarloff, who is a diagnosed schizophrenic, attacked the Upper East Side psychologist five years ago in the office she shared with his former psychiatrist, Kent Shinbach, who had not treated him in 17 years.
The jury had previously insisted they were at a deadlock on two separate occasions, and both times McLaughlin directed them to continue deliberating.
On Tuesday, however, McLaughlin announced, "I'm willing to say we're finished," the New York Times reported.
The Manhattan District Attorney's Office has already vowed to retry the case.
If convicted, Tarloff would face up to life in prison. If the insanity defense is accepted, he would be taken to a secure psychiatric facility, possibly for the rest of his life.
Court-appointed defense attorneys did not challenge that Tarloff killed Faughey, but maintained that hewas not mentally well enough on the day of the attack to comprehend that it was wrong.
Tarloff has been in psychiatric care intermittently since 1991.
Evan Krutoy, an attorney at the Manhattan District Attorney's office, said the robbery was meticulously pre-meditated, and that the fact that Tarloff attempted to hide what he had done and escape proved he knew he had done something wrong.
Tarloff intended to rob Shinbach for money to take his mother from a nursing home to Hawaii, where he wanted to care for her himself.
The defense argued that he believed God wantedhim to do it.
Tarloff reportedly told police that he was surprised to see Faughey when he arrived at the office.
He beat her in the head with a mallet and stabbed her repeated in thechest with a knife.
When Shinbach went to help Faughey, Tarloff attacked him as well.
Faughey died on her office floor.
After listening to three weeks of testimony at theState Supreme Court inManhattan, the jury was unable to come to a conclusive decision on the insanity defense.
Jurors sent McLaughlin notes on two separate occasions insisting they were deadlocked; the judge ordered them to keep on both times.
The first note, sent last Thursday, was seven days into jury deliberations.The Times reported that yelling could be heard anytime the door to the jury room door opened.
At that time, McLaughlin read the jury an Allen charge: a script directing them to continue deliberating and set aside opinions held for pride or other unsound reasons.
Jurors were reportedly visibly angry; some even rolled their eyes.
McLaughlin expressed empathy over the difficulty of the task.
But, he said, "it was not intended to be any other way."
Forensic psychologist, lawyer and professor Charles Ewing told the Times he was surprised that cases involvinginsanity defenses didn't result in hung juries more often, as the jurors are charged with the challenge of gauging the testimony of conflicting experts.
"A hung jury may simply mean that the jurors could not agree on the morality of punishing someone who is clearly mentally ill, regardless of whether he meets the high legal standard for insanity," Ewing explained.
The jury had at one point asked tohave expert testimony reread, and spent almost a full day hearing expert opinions for a second time.
They had also previously asked McLaughlin to repeat his explanations of the requirements to prove insanity, and of the consequences of hung jury.
One juror had asked to go home on account of "negative attitudes" among the other jurors. She ultimately stayed.
To prove insanity, it is not enough for the defendant to have been under psychiatric care for a lifetime; the jury must be persuaded that Tarloff did not understand that his actions would kill Faughey and that it was wrong to attack her.
The Times pointed out that this defense is used very infrequently: out of 5,910 murder cases in New York state in the past decade, only seven defendants have been found at trial not responsible for reason of mental disease or defect.
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