Prosecution wants to block insanity claim in arson case
Toolbox
By Josh O'Gorman STAFF WRITER - Published: July 2, 2009
WHITE RIVER JUNCTION — The state is seeking to strike the insanity defense of a Sharon woman accused of arson and burglary whom psychiatrists say might have as many as 20 different personalities.
On Wednesday in White River Junction District Court, Judge M. Kathleen Manley heard arguments on a motion filed by Windsor County State's Attorney Robert Sand to strike the proposed insanity defense for Cheryle Potwin, 52.
Potwin is accused of entering homes in Hartland and Woodstock in 2006 and setting them on fire. She is facing charges of attempted first-degree arson, first-degree arson and two counts of burglary. She's been evaluated by several psychiatrists who agree she suffers from dissociative identity disorder — the preferred clinical term for multiple personality disorder — and has between nine and 20 different personalities.
Potwin entered the courtroom in a wheelchair, looking healthy and smiling as she whispered a greeting to a member of the gallery.
During a thorough PowerPoint presentation, Sand argued there are three approaches to considering the insanity defense when dealing with dissociative identity disorder. The first is to consider if the "host" — meaning Potwin — was aware of what her "alter" — her other personality — was doing and if she knew it was wrong and had the power to stop it.
The second approach is to consider if the alter who was in control at the time knew if her alleged actions were wrong and had the power to stop it. The third approach, the one endorsed by Sand, was to consider Potwin as a "whole person" and consider if she knew right from wrong and had the ability to control herself.
"The defendant is a whole person, composed of many mental states, as are most people," he said.
Sand argued that based upon conversations Potwin has had with psychiatrists who tried to judge her competency to stand trial, she knew what she allegedly did was wrong. She allegedly said her motivations to set the fire in Woodstock were anger and revenge and when she was discovered in the house, she fled, all indications she knew right from wrong.
Potwin's attorney Kevin Griffin said the question of whether or not his client was insane at the time of her alleged actions should be a question for a jury. For an insanity defense, Griffin argued, the burden of proof is on the defense. He called Sand's motion to strike the insanity defense before the trial started "Draconian."
While Judge Manley did not make a decision Wednesday — she said she would rule on the motion within two or three weeks — she did call the motion to strike the insanity defense "extreme" and said her first impression was that the decision was not legal but analytical and best decided by a jury.
josh.ogorman@rutlandherald.com
32