Niagara Gazette — LOCKPORT — Niagara County Court Judge Matthew J. Murphy III will rule on Wednesday on whether the defense in the Isabella Tennant murder case will be able to use a so-called "insanity defense."
Prosecutors argued Wednesday that the lawyer for John Freeman Jr. should be barred from presenting the defense to a jury because he hasn't specifically indicated what mental illness his client suffers from.
"(The motion for an insanity defense) fails to identify a specific psychiatric (illness)," Assistant District Attorney Holly Sloma argued.
Sloma said reports, submitted by experts who have examined Freeman, have suggest between six and eight possible psychiatric disorders that he may have.
"It's not our task to figure out what (Freeman's) defense is," Sloma said.
Defense attorney Robert Viola argued he has proposed a defense, claiming Freeman killed Tennant during an "extreme emotional disturbance."
"We are not proposing a defense of not guilty by reason of mental disease or defect," Viola said. "Any psychiatric evidence would be for the limited purpose of showing emotional distress."
Viola told Murphy prosecutors were asking for an "impossibly high" pre-trial explanation of his psychiatric defense. Murphy seemed to disagree.
"I don't think the people are bending the rules in psychiatric cases beyond recognition," the judge said.
Freeman, 17, faces charges of second-degree murder and tampering with physical evidence in the slaying of Tennant on Aug. 26.
In late December, Viola filed paperwork with the court that would allow him to present an insanity defense in the case. Jury selection for a trial in the case is set to begin on Aug. 19.
Police and prosecutors have maintained that Freeman killed the 5-year-old little girl and was then helped by his best friend, Tyler Best in disposing of her body in a garbage tote. Investigators have said that Best led them to Tennant's body after he showed up at police headquarters, appearing shaken and remorseful, on the morning of the little girl's disappearance.