Judge Accepts Insanity Plea Deal for Man in Face-Biting Case
A number of family members of the slain couple expressed anger at the decision and made victim impact statements directed at Harrouff, his family, the defense team and prosecutors.
November 29, 2022 at 11:47 AM
4 minute read
A judge accepted a plea deal Monday for a man who randomly killed a Florida couple in their garage six years ago and then chewed on one victim's face that will send him to a mental hospital for treatment.
Austin Harrouff, 25, pleaded not guilty by reason of insanity to two counts of first-degree murder and other charges for the 2016 slayings of John Stevens, 59, and his wife, Michelle Mishcon Stevens, 53. He also seriously injured a neighbor who tried to help them.
Harrouff, who attended Florida State University before the attack, will be committed to a secure mental health facility until doctors and a judge agree that he is no longer dangerous. If the trial had gone forward, Harrouff could have faced life in prison.
"Austin must also contend with the pain he has caused the families," defense attorney Nellie King said in a statement. "Upon learning of the events of that night, Austin has sought answers for the grief and anguish caused by his actions. Austin is extremely remorseful for all that has occurred; for being at the center of this episode which has caused such unthinkable pain and devastating loss."
A number of family members of the slain couple expressed anger at the decision and made victim impact statements directed at Harrouff, his family, the defense team and prosecutors.
Cindy Mishcon, the sister of Michelle Mishcon and an attorney, laid out a methodical case of why she does not believe that Harrouff was insane when the killings occurred.
"You can't even look at me?" she asked Harrouff, who was sitting at the defense table, wearing a red and white striped prison uniform and glasses. She said that she had begun writing her victim impact statement when she was "naive enough" to think there would be justice.
Cindy Mishcon said that reality set in for her as she listened to tapes of Harrouff's jailhouse phone calls with family members and the reading of pages of text messages in the year prior to the killings, which were part of the court record. The text messages with his friends outlined the life of a student who was smoking marijuana, taking other drugs and abusing alcohol during the year before killing the couple.
She said she realized "you don't care about anyone but yourself" and that "the only victim you and your family see is you, and the Harrouff name."
"Is it really so hard for you to understand that you are a cold blooded murderer and not a victim," she asked.
Other family members echoed her sentiments.
The agreement worked out between the defense and prosecution avoided a trial that had been scheduled to start Monday before Circuit Judge Sherwood Bauer and had been expected to last three weeks.
The judge said Harrouff will remain in the Martin County Jail until he is taken to a secure mental health facility monitored by the Florida Department of Children and Families. Bauer said he will not be allowed to leave the facility without a court order.
Two mental health experts, one hired by the defense and another by prosecutors, examined Harrouff and found he suffered an acute psychotic episode during the attack, and couldn't distinguish between right and wrong.
The trial had been delayed by the pandemic, legal wrangling and Harrouff's recovery from critical injuries suffered while drinking a chemical during the attack.
Defendants are presumed sane under Florida law, meaning that Harrouff must show he had a severe mental breakdown that prevented him from understanding actions or that they were even wrong by "clear and convincing" evidence.
He has claimed he was fleeing a demon when the attack happened.
Craig Trocino, a University of Miami law professor, said that finding Harrouff not guilty by reason of insanity would effectively be a life sentence because "it's highly unlikely" that they would risk releasing a killer as notorious as Harrouff.
Harrouff's parents and others said he had acted strangely for weeks. His parents had set up an appointment for him to be evaluated, but the attack occurred first.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllClimate Disputes, International Arbitration, and State Court Limitations for Global Issues
Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
4 minute readTrending Stories
- 1'Largest Retail Data Breach in History'? Hot Topic and Affiliated Brands Sued for Alleged Failure to Prevent Data Breach Linked to Snowflake Software
- 2Former President of New York State Bar, and the New York Bar Foundation, Dies As He Entered 70th Year as Attorney
- 3Legal Advocates in Uproar Upon Release of Footage Showing CO's Beat Black Inmate Before His Death
- 4Longtime Baker & Hostetler Partner, Former White House Counsel David Rivkin Dies at 68
- 5Court System Seeks Public Comment on E-Filing for Annual Report
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250