LEXAPRO: Murder: Defense of Involuntary Intoxication: Louisiana

First two paragraphs read:  “A Baton Rouge man is not
criminally responsible for the murder of his ex-fiancée and attempted murder of
one of her neighbors in 2008 because he was involuntarily intoxicated at the
time,
one of his attorneys told a jury Wednesday.”

Defense lawyer
Tommy Damico argued in his opening statement that Frederick Dominique Reed
Jr. had a violent reaction to the prescribed anti-depressant

Lexapro, which he began taking in early August
2008.”

http://www.2theadvocate.com/news/82864837.html?showAll=y&c=y

Murder trial defense: Intoxication

  • By JOE GYAN JR.
  • Advocate staff writer
  • Published: Jan 28, 2010 – Page: 2B

A Baton Rouge man is not
criminally responsible for the murder of his ex-fiancée and attempted murder of

one of her neighbors in 2008 because he was involuntarily intoxicated at the
time, one of his attorneys told a jury Wednesday.

Defense lawyer Tommy
Damico argued in his opening statement that Frederick Dominique Reed Jr. had a
violent reaction to the prescribed anti-depressant Lexapro, which he began
taking in early August 2008.

But a prosecutor countered that Reed was
“very calculated’’ in hunting down Mia Reid and shooting her at her
Scotlandville apartment while she slept next to her 10-year-old daughter on Aug.
23, 2008.

Assistant District Attorney Melissa Morvant also noted in her
opening statement that Reid’s request for a temporary restraining order against
Reed was denied Aug. 12, 2008, and that a hearing on a permanent protective
order was to be held Aug. 26, 2008.

East Baton Rouge Parish sheriff’s
deputies arrested Reed on a count of domestic abuse battery in March 2008, but
Reid dropped the complaint, her temporary restraining order petition
stated.

At the end of July 2008, Reid and her daughter moved out of an
apartment near Siegen Lane that they shared with Reed to a new apartment in
north Baton Rouge, friends and relatives have said.

Reed, 39, is charged
with second-degree murder in the killing of Reid, 31, and attempted
second-degree murder in the wounding of Richard Kuti.

A second-degree

murder conviction carries a mandatory sentence of life in prison.

State
District Judge Tony Marabella is presiding over the trial, which will resume
today.

Morvant told jurors that Reed first entered apartment 23 at the
Ashley Oak complex on Rosenwald Road and shot Kuti three times while he slept,
then went to apartment 33 and shot Reid.

“While Mia Reid is sleeping on
an air mattress with her 10-year-old daughter, he shoots her twice,’’ Morvant
said.

Later, as authorities closed in on him on Villa Drive, Reed tried
to commit suicide by shooting himself in the chest, she said.

Kuti and
his roommate, Courvasier Jones, testified they did not know Reed or Reid. Jones
said he heard shots and Reed appeared in his room asking for Reid. He said he
told Reed that he did not know Reid or where she was, and Reed
left.

“When I was wrapping up his (Kuti’s) arm with an Ace bandage, I
heard more shots,’’ Jones testified.

Meghan Green, who said Reid was her
best friend, testified she raced to Reid’s apartment complex after Reid’s
daughter called her.

“When (she) jumped into my arms, she had Mia’s
bloody cell phone,’’ Green testified.

Damico asked the jury to “keep an
open mind’’ and not have an “emotional or gut reaction’’ to the tragic events
that he argued were “not the legal fault’’ of his client.

“This is not a
case about who did it or how it was done,’’ he said. “It is about why it
happened and what caused it.’’

Damico added that Reed’s involuntary

intoxication was the “direct cause’’ of the shootings.

“The drug did not
interact with Frederick Reed as it was prescribed to do,’’ he said. “Some people
are affected in very dangerous ways.’’

“But for the involuntary
intoxication, Frederick Reed would not have committed these acts,’’ he
added.

Louisiana law says an offender is exempt from criminal
responsibility if intoxication is involuntary and the circumstances indicate the
condition was the direct cause of the commission of the
crime.

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ANTIDEPRESSANT: Murder: Man Kills Wife: Has No Memory of it: Trial: Cal…

THE MEMORY LAPSES IN THESE CASES ARE FAR TOO COMMON. HOW DO YOU RECALL KILLING SOMEONE IN AN ANTIDEPRESSANT-INDUCED SLEEP STATE-THE REM SLEEP BEHAVIOR DISORDER??????? (www.drugawareness.org)

Paragraphs 13 & 14 read: “Throughout the case and repeatedly during the trial, Doud has said he has no memory of killing his wife. He has said the memory lapse is similar to one he experienced in December 2002 when he was missing in the Sierra Nevada wilderness near Yosemite for several days. When he was located that time, Doud said he had no idea how or why he ended up snow camping in the mountains.”

“During the trial Tuesday, small details about the case surfaced, including that Doud has been taking anti-depressant medication for anxiety since before his disappearance in 2002 and that, after his wife’s death, he wrote a letter to his children asking them if they believed he killed their mother.”

http://www.mercurynews.com/centralcoast/ci_13039336

One witness left in Marshall Doud murder trial

By Jennifer Squires

Posted: 08/11/2009 07:42:28 PM PDT
Updated: 08/11/2009 07:44:11 PM PDT

SANTA CRUZ – After four days on the witness stand, accused murderer Marshall Doud stepped down Tuesday afternoon and his attorney rested his case.

Doud was the only defense witness to testify during the jury trial, which began Aug. 4 and could send the 43-year-old to state prison for the rest of his life. He is accused of allegedly smothering his wife, Morgana, 42, early on Sept. 4, 2007.

Doud, whose testimony was interrupted by hours of video-taped footage of his interviews with police, testified that he does not remember killing his wife. He claims he suffered a blind spot in his memory around the time his wife died.

Prosecutor Andrew Isaac plans to call Dr. James Missett, a psychiatrist, as a rebuttal witness Wednesday. Missett, a San Francisco Bay Area-doctor, likely will be the last person to testify and closing arguments are expected Thursday.

Outside of court, Isaac said Missett will address the psychiatric validity of the claims Doud has made. The doctor has reviewed the case file and Doud’s testimony in preparation for Wednesday’s court appearance.

Isaac added that the District Attorney’s Office has consulted with medical experts from the onset of the case because investigators suspected Doud would use a mental health defense.

The defense did not utilize any expert witnesses, but Doud testified at length about his mental health history and his experiences on the day his wife died.

Doud told jurors that he woke up around 1:30 a.m. that day to use the bathroom, then walked downstairs in his Mentel Avenue home to check on his children, who were all asleep, and watched the creatures in the family’s saltwater fishtank.

But then he suffered some sort of blackout, Doud testified. He “woke up” on the top of the staircase terrified and unsure of what time or day it was. Doud testified that he lost about two hours of his memory.

“It’s scary. It’s difficult to describe,” Doud told the jury Tuesday. “It’s like turning around and not seeing anything.”

Overwhelmed with fear, Doud got dressed and fled his house in the middle of the night, he testified. He drove to his Scotts Valley office, then into the Santa Cruz Mountains, where he passed the day sitting on a rock in the woods trying to make sense of the thoughts in his head. At dusk, he walked back to his pickup and decided to contact his therapist, he testified.

The effort to reach his doctor brought Doud to Santa Cruz police headquarters, where he was able to meet with the therapist but was arrested on suspicion of killing his wife.

Throughout the case and repeatedly during the trial, Doud has said he has no memory of killing his wife. He has said the memory lapse is similar to one he experienced in December 2002 when he was missing in the Sierra Nevada wilderness near Yosemite for several days. When he was located that time, Doud said he had no idea how or why he ended up snow camping in the mountains.

During the trial Tuesday, small details about the case surfaced, including that Doud has been taking anti-depressant medication for anxiety since before his disappearance in 2002 and that, after his wife’s death, he wrote a letter to his children asking them if they believed he killed their mother.

Monday, the prosecution introduced a letter written the night of Morgana’s death by one of Doud’s sons in which the teenager stated his father was going to kill the whole family.

Two of the couple’s three teenage children, who found their mother dead on her bed, have been called to testify against their father.

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