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Asperger Syndrome Finds Spotlight In Murder Cases

POSTED: 5:13 pm EST January 20, 2007
UPDATED: 5:24 pm EST January 20, 2007

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BOSTON -- Asperger syndrome has been used with some success by defendants like 16-year-old John Odgren, whose alleged fatal stabbing of a fellow student in a high school bathroom has shocked a suburban town.

Odgren is being held without bail, charged with first-degree murder in the death of James Alenson, a 15-year-old freshman who prosecutors said was stabbed at Lincoln-Sudbury Regional High School on Friday morning.

Odgren's attorney told a judge during arraignment Friday that his client has Asperger syndrome, a form of autism in which people can be quite intelligent but are unable to develop social skills.


"These kids with Asperger's, particularly in the teenage years, see themselves on the outside looking in, and they don't know why," said Milton Altschuler, a Houston psychiatrist who diagnosed New York real estate heir Robert Durst as having the syndrome.

A Texas jury acquitted Durst of murdering a neighbor in 2003. His attorneys told jurors about the Asperger diagnosis, and his case is among several in recent years in which Asperger syndrome has played a role.

Missouri's appeals court in 2004 overturned a first-degree murder conviction on grounds that jurors weren't allowed to hear about James Boyd III's struggles with Asperger's. Boyd, who was serving a life sentence, this month entered a no-contest plea to second-degree murder, and is scheduled to be sentenced in March.

The Autism Society of America said there have been 22 criminal cases in the United States since 2002 in which convictions were avoided in part because of an Asperger syndrome diagnosis, The Boston Globe reported. The group did not return calls on Saturday.

Jeffrey Denner, a criminal defense attorney, said such a condition is more likely to result in a reduced sentence, compared to acquittal.

"The only defense in a criminal case is lack of criminal responsibility," Denner said on Saturday. "Diminished capacity can take first-degree murder down to second-degree. It can generally reduce the crime itself to lesser crime."

Denner said he "probably" has represented a client who has the syndrome because it's "not an uncommon condition. Usually people have a variety of different things."

Odgren, of Princeton, pleaded not guilty. His attorney, Jonathan Shapiro, said Odgren has Asperger syndrome and has been taking medications for many years. Shapiro, who did not return a call Saturday, told the court on Friday that Odgren has a "serious disability."

"The defendant has a history of fairly serious psychological diagnoses and has also suffered from hyperactivity dysfunction for many years," Shapiro said.

A fight broke out at about 7:20 a.m. between Odgren and Alenson in a school bathroom and spilled out into the hallway, where the stabbing took place, Middlesex District Attorney Gerard Leone said.

Authorities have not commented on a possible motive.

Odgren allegedly blurted out, "I did it. I did it," a prosecutor said. A police report said that after the stabbing, Odgren also said: "Is he OK? I don't want him to die."

Assistant District Attorney Daniel Bennett said Odgren stabbed Alenson with a long knife in the abdomen and once in the heart. The knife was found inside the school bathroom.

Students and parents were invited to the high school Saturday afternoon for a "community meeting," where counseling was available. The school will be open Sunday afternoon, as well.

Robert Craig, a father of two who lives down the street from the Alenson family, said on Saturday that that town is stunned.

“One of the main reasons we came to Sudbury was the quality of the schools," said Craig, whose daughter, Emma, attends the high school.

The Alenson family, which has an unlisted phone number, moved to Sudbury from Natick last summer. Craig described the parents as "very nice people," but he hadn't met James, whom others described as quiet and mild-mannered. Neighbors have begun preparing meals for the family for the next few weeks, Craig said.

"You wonder why nobody picked up any warning signs," Craig said of reports that Odgren sometimes wore a trench coat -- reminiscent of the Columbine High School killers - and seemed fixated on weapons.

Odgren once participated in a "CSI" -- crime scene investigation -- class at a local community college, and the Sudbury police officer who arrested Odgren reported an oddity, as well.

"I told Odgren at least three times to not speak in regards to the incident," officer Nathan Hagglund wrote in his report. "I told him that he needed to be provided his rights per Miranda. He told me that he had a set of Miranda rights in his wallet."

A detective then arrived and read him his Miranda rights -- which inform of the right to remain silent.

The Centers for Disease Control and Prevention estimates that as many as 2 to 6 per 1,000 children have one of the autism spectrum disorders, of which Asperger syndrome is one. The cause is unknown but scientists suspect both genetic and environmental factors play roles, according to the CDC.

Grrrr....

Diminished capacity!?

We know just as well as an NT what's right and wrong! We might do things that annoy people without knowing it; but we don't cause deliberate hurt without being aware of what we're doing.

I can see if some Aspie got into meltdown mode and smacked somebody. I can see if a totally oblivious Aspie teen stalked somebody s/he was obsessed with, having no idea that the subject of the obsession was uncomfortable with what they were doing. I can see an Aspie getting in trouble for saying something that they didn't know was harassment, especially sexual harassment, when really it was a clumsy attempt to tell someone they like them.

But deliberate injury? No; an Aspie knows just as well as anybody else what they're doing. There's no diminished capacity there.
Oh, yeah, and who wants to bet the trench coat was a sensory thing? I wear my Renaissance-era cloak all the time; and that's definitely a sensory thing.
I agree with Callista on both terms.

The coat could have also been a coat Odgren himself thought was cool. Aspies don't follow trends and cliches.

They really need to get their head out of their asses and start looking for possibilities other than their severe disability story. They should really look into the victim's life as well, and interview Odgren himself.

I think that Odgren may have been bullied by his victim in the past. I also know that some people carry around a knife in order to feel safer in an environment they don't like, ant that could be why he was carrying a knife. Maybe here he went into severe meltdown mode (an NT would do this too) and stabbed him out of anger.

He shouted "I did it" because Aspies are honest people, and he knew he was responsible.

He said "I didn't want him to die" because he was feeling a "What have I done?" sort of thing. When people are angry or afraid, they may act blindly without thinking, and regret their actions after they have been committed. Odgren in his right mind probably would never kill another person, so this is evidently why he felt bad.
The issue is a lot more subtle than "diminished capacity."

If you are familiar with the legal system, you know that a lot of evidence is circumstantial evidence.  Inferences must be drawn by the trier of fact to determine the significance of those little factoids.

The prosecutors are shameless and argue anything.  If you are accused of, for instance, murdering your spouse and you are observed to seem not very upset about losing her/him, they will argue that this shows you killed her/him and that you did it in cold blood.  If you are very demonstrative, they will argue that you are such a great actor that you are a truly dangerous sociopathic killer who must be taken off the streets.

If Asperger's comes in to the trial, it takes away the prosecutor's ability to argue these ridiculous, illogical - but commonplace - conclusions from the behaviours observed.

I should think we would all want a trial based more on logic and fact than unwarranted inferences from irrelevant circumstantial "evidence."

The legal system is not designed for Aspies - so introducing evidence of Asperger's and educating about what Asperger's is and is not merely levels the playing field for us.

I think it is unfair to portray Asperger's as some sort of "get out of jail free" card.  It clearly is not.  But whenever others are going to judge Aspies' behaviour, they should understand what they are looking at before coming to a conclusion.
My least favorite quote: "These kids with Asperger's, particularly in the teenage years, see themselves on the outside looking in,..."

Ah. So they see themselves as being on the outside. So they're not actually on the outside at all. They have not been put on the outside because they are "different" -- they just see themselves that way.

And Maelstrom makes some excellent points.

"Diminished capacity" doesn't at all mean the person doesn't know right from wrong.
hmmmm.... but I would largely agree with Callista that this defense could be construed to set up some sort of "Aspies can't help roaming about stabbing people" idea.

This definition does make it sound like a "I can't help it! I'm CRAZY!" defense. It's a much more nuanced thing in an actual trial.

"Diminished capacity" plea differs in important ways from "not guilty by reason of insanity." "Reason of insanity" is an affirmative defense to crimes. That is, a successful plea of insanity will, in most states, result in a verdict of "not guilty" and commission of the defendant to a mental institution. "Diminished capacity," on the other hand, merely results in the defendant being convicted of a lesser defense.
This is because of the legal basis of the American criminal law system. Most crimes in the United States have an actus reus -- a guilty act -- and a mens rea -- or guilty mental state. For example, the New York Penal Code defines second-degree murder as causing the death of a person (guilty act) with the intent to cause the death of a person (mental state). N.Y. Penal § 125.25(1) By contrast, second-degree manslaughter is defined as causing the death of a person (guilty act) recklessly (mental state). N.Y. Penal 125.15(1).

The diminished capacity plea is based in the belief that certain people, because of mental impairment or disease, are simply incapable of possessing the mental state required to commit a certain crime. In the example of murder and manslaughter, diminished capacity states that a certain defendant is incapable of intending to cause a death, and therefore must have at most caused such a death recklessly. Thus, a successful plea of diminished capacity in a murder trial would likely result in the charge being reduced to manslaughter.
Aspergers, it's the new Schiophrenia
Good points, Max, both the legal and sociological.

It is unfortunate that the way the article was written puts the onus on the young accused. "He saw himself" assumes it was all his perception as opposed to his reality.

Sorry for stating the obvious, but that line got me too.

The other thing is we don't know what his co-morbids were.  While wearing a trenchcoat may be a sensory thing, it may also be a copycat thing, trying to be like the other kids who pretend to be outsiders and "too cool for thou."  Aspie teens who fall into certain groups also get exposed to ideas that they may not understand fully, and be easily manipulated.

I fell into that myself.

It'll be interesting to see how this case unfolds.

Metta, Jaye Cool
Well, I remember in school trying to pretend I was dangerous, so people wouldn't mess with me... It didn't work very well, but I did try it. I found that if you smiled while somebody was trying to mess with you, they thought you had something up your sleeve and often left you alone or at least got a little more unsure.
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