Terry Lenamon explains filicide

In Depth Look: Filicide is Different - 1


Filicide, the killing of a child by its parent, has unique characteristics making it different from other forms of homicide.[1] Filicide seems particularly horrifying and inexplicable, especially when the parent is the mother.
Remember first that, in the United States, a staggering number of children go missing each year. In 2001, 797,500 children under 18 were reported missing, resulting in an average of 2,185 children being reported missing each day.[2] Unfortunately, of these missing children, nearly 1,300 were victims of homicide.[3] Nearly half of these children were under the age of five, and a parent killed over half of these.[4] Of all the children under age five killed during the period 1976 to 2000, 31% were killed by fathers, 30% by mothers, 23% killed by male acquaintances, 7% by other relatives, and 3% by strangers.[5]
Maternal Filicide - The Profile of Mothers Who Kill Their Children
A general profile of mothers most at risk of committing filicide has developed. Typically, the mother is young, around 21 years of age. She is single and has had multiple unstable relationships with men. Either she is mentally deficient or an apparently normal young woman, forced to put off high school graduation, college, or career because of pregnancy. She is unemployed and has financial difficulties. She may have suffered from serious mental illness in the past, or only manifested undiagnosed personality changes after the birth of her child. Roughly, one fifth of these mothers have been victims of physical or sexual abuse.
Resnick’s Classification of Maternal Filicide: The Five Catagories (Altrustic, Psychotic, Unwanted, Accidental, Revenge)
The underlying reasons why some mothers kill their children are much more complex. Philip Resnick was an early pioneer in the attempt to understand this act. In 1969, Resnick developed the first filicide classification system based on the parent’s most apparent motive.[6] Five categories were established.
In altruistic filicide, the parent’s motive is to save the child from real or imagined present suffering, or in cases of parental suicide, the antici¬pated suffering from the parent’s suicide.[7] In the acutely psychotic filicide, the parent kills under the influence of severe mental illness. In unwanted child filicides, the murder occurs because the parent no longer desires the child for non-psychotic reasons such as illegit¬imacy or uncertain paternity. Accidental filicides are unintentional deaths that occur from child abuse. In spousal revenge filicides, the parent’s homicidal impulse transfers onto the child to punish the parent’s mate.
http://swartzlenamon.com/deathpenaltyblog/in-depth-look-filicide-is-different-1#more-99
In Depth Look: Filicide is Different - 2


Subsequent studies agree with Resnick’s Classification of Motives in Maternal Filicide Cases
Subsequent studies have agreed on a commonality of motives in cases of maternal filicide.[8] These motives are: (1) the mother’s mental illness, often seen as “pathological,” “acutely psychotic,” or “mentally ill” killings, (2) lack of bonding with the child, manifested as “neonaticide,” “unwanted child,” or “ignored pregnancy” deaths, and (3) inadequate parenting, resulting in “accidental,” “discipline-related,” or “neglect” deaths.
Recent Studies Look Not Only at Motive, but at the Nature of the Mother-Child Relationship
Recent studies focus on more than just the motive, but on the nature of the mother-child relationship. Forensic psychiatric evaluations of women criminally charged with the deaths of their children found the following characterizations of the mother-child relationship: abusive / neglectful mothers, psychotic / depressed mothers, retaliatory mothers, psychopathic mothers, and detached mothers.
Abusive, Psychopathic, or Retaliatory mothers
Abusive / neglectful mothers are unable to set normal behavioral bounds with their child, vacillating from excessive discipline to no discipline. Retaliatory mothers are similar to Resnick’s spousal revenge category. The psychopathic mother has an insensitive relationship with their children, using the child to fulfill their own needs.
The detached mother
The detached mother category reflects mothers that have not developed a bond with their child during pregnancy. Researchers talk about the “massive denial” of these women who kill their child. Typically, these mothers deny their pregnancy, often to the point where physical symptoms do not manifest until the actual “surprise” birth. The detached mother may deny the pregnancy out of resentment of the child, a lack of communication within her social network, or a fear of rejection by her family or friends. Interestingly, the families and support systems of these women do not notice the changes in the young woman.
The mother may actually have a dissociative event during childbirth, not remembering the birth or even killing the child at birth. [9] Neonaticide, the killing of a child in the first day of life, may occur if these women give birth in an isolated area or alone. These women were later horrified to find out what they had done.
The psychotic / depressed mother
The psychotic / depressed mother perceives her child through the lens of her particular illness. The illness may be a previously diagnosed clinical disorder, such as schizophrenia, depression, substance abuse, or bipolar disorder. The mother may be suffering from a personality disorder, defined as “an enduring pattern of inner experience and behavior that deviates markedly from the expectations of an individual’s culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and lead to distress or impairment.” [10] Three personality disorders relevant to filicidal mothers are dependent, antisocial, and borderline personality disorder. Impulsive actions, poor judgment, and instability in personal relationships and self-image characterized borderline personality disorder.
Just as the families did not notice the pregnancy of denial mothers, the families of young women suffering from clinical or personality disorders often ignore “the elephant in the living room” and deny the problem. [11] The result is that these young women are often at risk because they do not get the diagnosis, treatment, and help that they need due to unacknowledged or unrecognized mental disorders.
Mothers with Bipolar Disorder
One such clinical disorder that may go undiagnosed is bipolar disorder.[12] Bipolar disorder usually begins between ages 15 and 30, and some forms are more common in women. [13] Symptoms of bipolar disorder, also known as manic depression, are extreme mood swings ranging from manic highs to intense lows. [14] Because these mood swings are on a continuum, and may even not appear at times, some people may go undiagnosed because they don’t seek treatment, their condition is mistaken for depression, or because their symptoms don’t meet current diagnostic criteria. [15] Complicating the picture, bipolar disorder frequently is accompanied by other disorders. [16]
The mood swings may last for weeks, months, or even years. [17] In the manic phase of bipolar disorder, the signs and symptoms include: extreme optimism, inflated self-esteem, poor judgment, agitation, risky behavior, spending sprees, increased sexual drive, decreased need for sleep, and a tendency to be easily distracted. [18] During the depressive phase, it is easy to see how signs and symptoms of bipolar disorder may masquerade as depression: sadness, hopelessness, suicidal thoughts or behavior, anxiety, guilt, sleep problems, appetite problems, fatigue, loss of interest in daily activities, problems concentrating, irritability, and chronic pain without a known cause. [19]
http://swartzlenamon.com/deathpenaltyblog/in-depth-look-filicide-is-different-2

In Depth Look: Filicide is Different - 3


Progressive postpartum depression is one of the least recognized diseases suffered by young mothers despite the fact that almost 80% of women who give birth experience some form of postpartum upset. Although this symptom picture is well described in the research literature, postpartum depression is not recognized in the mental health professional’s legal “bible,” the Diagnostic Statistical Manual of Mental Disorders, fourth edition (“DSM IV”). [20] The symptoms of postpartum depression may masquerade as manic-depression (bipolar disorder). Periods of euphoria, agitation, sleeplessness, sexual promiscuity, and hyperactivity characterize the manic symptoms. Poor judgment is a result. [21]
Progressive Postpartum Depression and Psychosis
A common misperception is that the postpartum depression is nothing more than the “baby blues” and will disappear on its own shortly after childbirth. [22] However, if untreated, the disease can develop into a more severe form, progressive postpartum depression or even psychosis. When this happens, the mother suffers from continued episodes of mania or depression, each one progressively worse than the last. Rejections, separations, and losses often trigger subsequent recurrent episodes. Because of the episodic nature, the woman is often untreated or undiagnosed until a tragedy occurs.
Despite the common misconception that only newborns are at risk from this disease, mothers suffering from the more severe form kill older children. The case of Andrea Yates more than amply illustrates this point.
The Andrea Yates Case
Andrea Yates suffered from postpartum depression, which progressively deepened with each child she had. Andrea cared for her three young boys while her husband worked to support the family. Her husband became involved in a fundamentalist religious group and eschewed material possession, downsizing their home to a mobile home and then a bus. After the birth of her fourth son, she attempted suicide twice before being hospitalized. The birth of her fifth child, a daughter, caused her to become severely depressed and delusional. She was hospitalized and medicated, but Andrea hid her delusions from her doctors and family. She was having conversations with Satan and feared punishment if she told anyone.
On June 20, 2001, Andrea drowned all five of her children to save them from Satan while they were still innocent. She called 911 and then her husband, who had just left for work an hour before. Andrea told him all the children were hurt, and he needed to come home. When Andrea confessed to the murders, she said she loved her children, but not in the “right” way. Andrea thought she was a bad mother because her children were not developing in an academic or righteous sense.
Andrea Yates was charged with capital murder with possible penalty of death. Whether Yates believed she was saving her children from Satan or she was simply overwhelmed with caring for them, the jury found her guilty of murder after deliberating for three and a half hours. The prosecution then sought the death penalty. After only 35 minutes of deliberation, the jury elected a prison sentence for life. [23]
http://swartzlenamon.com/deathpenaltyblog/in-depth-look-filicide-is-different-3

PART 4 WILL BE ON NEXT FRIDAY...

Virtual tour of Florida's death row

http://www.dc.state.fl.us/oth/vtour/deathrow.html

Update -3: The FACDL Death is Different 15th Annual Death Penalty Seminar


FACDL Death Penalty Seminar, Day 3:
On Day 3 of the FACDL Death Penalty Seminar, it was my turn to speak on “Creative Motion Practice,” which more accurately should be described as “Courage Under Fire.”
Courage is what we, as death penalty attorneys, must muster in the face of horrible facts, a judge who loathes the client, a prosecutor who is determined to kill the client, the blood-lust of some members of society, and even the media-induced witch hunt against a client.
This is the type of courage that lawyers like Adam Tebrugge and Jose Baez demonstrate on a daily basis: Adam in the face of horrible evidence against his client, and Jose in his fight for his high-profile client.
In the face of all this, we must find the strength to file even those motions that we know will not be granted. We must do this, not only for the sake of due process and justice, but because sometimes, just sometimes, those motions are granted, and we win.
When the odds seems insurmountable and the outlook is bleak, we need to reach down deep inside and find the courage to write and argue one more time.
http://swartzlenamon.com/deathpenaltyblog/update-3-the-facdl-death-is-different-15th-annual-death-penalty-seminar

Another lesson from the Casey Anthony case ….


Last week, I wrote about mercy as being a lesson in the Casey Anthony case coverage. Here’s another one that I’m pondering. Filicide. It’s been around for centuries, it happens with alarming frequency in the United States today, and yet it is still one of those elephants in the room that no one wants to talk about.
Filicide? What’s that?
Filicide is Susan Smith and Andrea Yates and Ellen Feinberg and Diane Downs. Filicide – maternal filicide — is the name given to the particular kind of homicide where mothers kill their children. (Paternal filicide happens too, and more on that, later.)
You know about maternal filicide.
1. Meryl Streep won an Oscar for Sophie’s Choice. What was that choice? Filicide.
2. Oprah Winfrey produced and starred in Beloved, based upon the novel by Toni Morrison, where the character Sethe killed her daughter Beloved to keep her from being a slave.
3. Medea (remember, Euripides?) killed her children all because Jason left her.
4. Lois (with Peter) killed son Stevie on an episode of TV’s Family Guy.
In this country today, it’s much more common that we like to recognize. Every community has had its newborn baby found dead in the dumpster or trash can, left there shortly after birth – and lots of those stories reveal a teen mom who tells authorities she didn’t even know she was pregnant. Sure, you’ve read one of those.
What you need to know about maternal filicide is WHY.
Perhaps we’d all be better served if the reality that filicide exists weren’t such a taboo subject. Because then maybe it would be easier for post partum depression sufferers to ask for help. Maybe teen moms might give their newborns to someone rather than dump them.
And, maybe the fixation and for some, obsession, about the Casey Anthony case in the media wouldn’t outweigh every other news story in this country for the past year (except for hurricanes, according to Yahoo!).
For more on filicide, look for an upcoming series of posts (Friday’s Legal Memo) studying the topic in detail and titled “Filicide is Different.”
http://swartzlenamon.com/deathpenaltyblog/another-lesson-from-the-casey-anthony-case-%e2%80%a6#more-39

In Depth Look: Death in Florida - 3


As stated earlier, a separate multi-step process exists between conviction and the imposition of the death penalty. After a defendant is found guilty of a capital offense subject to the death penalty, the first step is a second trial to determine whether death will be imposed. At this trial, the jury hears evidence concerning aggravators, circumstances that weigh toward death, and mitigators, which weigh in favor of mercy. The trial judge performs the next step by actually determining the sentence. Although the trial judge gives great weight to the jury recommendation, the trial judge is not bound by the jury’s recommendation.
A trial judge has more experience in both the criminal process and facts of crimes themselves. What the average person, inexperienced in crimes, thinks is incredibly significant or especially heinous, may not in balance be so significant or heinous. The cool reasoning of a judge also serves to counterbalance any overly inflammatory prosecution.
Then the trial judge must justify a sentence of death in writing. This step is necessary so that the sentence is open to judicial review to ensure that the issue of life or death was decided according to the rule of law.
The final safeguard before imposing death is that the Supreme Court of Florida must review all death sentences. The court reviews the sentence for proportionality to ensure that the application is not unreasonable or inappropriate when compared to other cases. Thus, the defendant has one last opportunity before a court of law to argue against the most severe and final of all punishments.
http://swartzlenamon.com/deathpenaltyblog/in-depth-look-death-in-florida-3

DR. PHILIP RESNICK IS ONE OF THE NATION'S MOST FAMOUS FORENSIC PSYCHIATRIST....HE WAS AN EXPERT DEFENSE WITNESS IN THE ANDREA YATES TRIAL...HE WENT UP AGAINST DR. PARK DIETZ. HE HELPED IN THE PROSECUTION OF JEFFEREY DALHMER AND HE CONSULTED FOR THE SUSAN SMITH TRIAL IN HER DEFENSE, BUT CONCLUDED HE COULD NOT BE HELPFUL TO THE DEFENSE WITH REGARD TO AN INSANITY DEFENSE IN THAT CASE OF CHILD KILLING.....HE DID NOT FEEL SUSAN SMITH SUFFERED FROM MENTAL DEFECT AS ANDREA YATES DID......HMMMM ....JUST MY OPINION...BUT I DON'T THINK CASEY FITS INTO THE CATEGORY OF MENTAL DEFECT EITHER.