While competent, arson case defendant's sanity questioned
Toolbox
By Josh O'Gorman STAFF WRITER - Published: May 12, 2009
WHITE RIVER JUNCTION — Windsor County State's Attorney Robert Sand has filed a motion seeking to strike the insanity defense of a Sharon woman charged with arson who psychiatrists say might have as many as 20 different personalities.
Cheryle Potwin, 52, is still facing charges more than two years after her arrest for allegedly entering an occupied home in Woodstock in September 2006 and setting it on fire. She was also charged with setting fire to a Hartland home that killed several pets and damaged the building's basement.
Friday, those separate cases were joined for the purposes of a possible trial, and Potwin now faces charges of attempted first-degree arson, first-degree arson and two counts of burglary.
Potwin's sanity and her competency to stand trial, which are two separate issues, have been points of contention for more than two years. In November 2006, she was declared competent to stand trial, meaning she understood the charges against her and could aid in her defense. However, in early 2007, a judge ordered a second psychiatric evaluation following her behavior in court. In November, she was once again declared competent to stand trial.
Meanwhile, several psychiatrists have weighed in Potwin's sanity, with most agreeing she suffers dissociative identity disorder, the preferred clinical term for multiple personality disorder. Potwin reportedly claims to have at least nine different personalities, one of whom might lead the state to request a change of venue for a possible trial in the future.
Friday, Judge M. Kathleen Manley gave Sand until May 26 to file a motion requesting a change of venue. While most changes of venue are requested because of publicity surrounding the trial, Sand's motion could be different.
"An issue has arisen in this case about Ms. Potwin's reaction to train whistles," he said.
In 2007, a psychiatrist testifying for the prosecution said the sound of trains will prompt the emergence of one of Potwin's personalities, an 8-year-old boy named Buddy. When Potwin hears a train whistle, she will often respond with train sounds, according to one frequent court observer. White River Junction District Court is located within earshot of tracks that are frequently busy with train traffic during the day.
Potwin's attorney also has until May 26 to respond to the state's request to strike the insanity defense.
josh.ogorman@rutlandherald.com
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