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aware of the nature and quality of the
act, or that he or she appreciate the
wrongfulness of the act.
When the insanity defense is em-
ployed, a different trial takes place.
According to Ralph Slovenko, a
professor of law and psychiatry at
Wayne State University and an expert
on the insanity defense, the insanity
plea in Michigan requires proof of men-
tal illness, and the existence of either a
causal relationship between the illness
and an act or proof that the illness af-
fected cognition or control.
"Therefore an individual who is cer-
tifiably psychotic and has delusions
about red Cadillacs could not be found
not guilty by reason of insanity if he'
stole a tractor. That's oversimplified,
but you can see the (relationship) is not
there," Slovenko said.
Also, Michigan is one of the few
states with a statutory definition of men-
tal illness - the threshold question in
any insanity defense.
In Michigan, mental illness is defined
as a significant, substantial impair-
ment of mood or thought.
Dr. Emanuel Tanay, a Detroit Foren-
sic psychiatrist who testifies
throughout the nation on insanity mat-
ters, said most psychiatric experts in-
terpret that statute to mean psychosis.
Premeditation is, Tanay says, "of it-
self no proof that the act was done with
sound mind. Premeditation could be
part of a plan or it could be the product
of a delusion."
Blunt testified towards premeditation
and said he found no mental illness in
Birmingham psychiatrist Dr. Ed-
ward Nol, however, testified that Kelly
experienced just such delusions at the
time of the crime and suffered a
"psychotic break" when he pulled the
Nol told jurors there was "no way"
Kelly could have appreciated the
wrongfulness of his actions during the
shooting. "During the psychotic
episode, we don't even recognize our-
selves. We're a different person, a dif-
ferent body we don't recognize."
In a recent interview, Nol reiterated
that Kelly was a paranoid
schizophrenic, and said Kelly under-
went a "suspension of operational
judgement" when he shot Siwik and
"To commit such wanton destruction,
one's state of mind cannot be normal.
We all could kill, but to go through with
his room after the shootings.
Nol said Kelly's "planning" before
the crime was all part of his delusions
- of an enourmous fantasy world he
Nol-includes the list in that fantasy,
though he said he had not been aware of
its existence at the time of his
examinations or testimony.
"If it was indeed a list in his writing
drafted before the shooting, I include it
in the whole fantastic build up of cops
and robbers - the macho image he
cast himself in.
"I do not think it could be taken for
premeditation. If a man has an enour-
mous gun collection, I think that's
similar: He senses some lack in himself
that he thinks the guns will make up for.
If that man goes out and commits a
violent act, I don't think the existence of
the gun collection suggests
Nol says every act of murder is in-
sane, though the actor need not be.
"There is no question Kelly was in-
sane," he says.
Tanay, who twice examined Kelly at
Waterman's request but was never
called to testify, says Nol's theory about
lack of judgement is inconsistent with a
methodical planning of the crime.
"You can't have a suspension of
operational judgement, whatever that
means, and then at the same time do
something in preparation unless you
say the person prepared this because of
some chronic psychosis," he says.
Tanay says he was not asked to
testify because his reports indicated he
had "no opinion" on Kelly's mental
state, but added "that is how I put it in
the report.. If you have no opinion and
you're asked as an expert, that means
your opinion is a negative opinion."
"I found no evidence of any overt
psychopathology," he said.
Unlike Nol, Blunt characterized
Kelly's memory loss as "pathological
"It might have been denial," Blunt
says. "He was denying in the face of all
evidence, but I think he could remem-
ber. That is not amnesia; that is
pathological lying to the pointtwhere
you actually believe it."
Harlan Stock, a clinical psychologist
at the forensic center who joined Blunt
in testifying for the prosecution, also
said Kelly's memory loss was feigned.
"The amnesia Kelly was talking
about was convenient amnesia," Stock
says. "He could have told us more than
each used the idea to reach a different
determination of his mental status.
Kelly began at the University
following a pre-medical curriculm but
was dismissed from school for poor
grades in 1980. After a year working in
Texas, Kelly returned to the University
in January, 1981 and declared a
Though his academic record was
never made public, both prosecution
and defense indicated Kelly's grades
during his last term were rather poor.
"Kelly's parents had big plans for
him" Blunt says. "They were very nice
people, and it was a real tragedy all the
way around. They wanted him to be a
doctor, but he was just a screw-up.
"That's why I thought Siwik was an
ideal candidate, an ideal victim: He
'To commit such wanton de
state of mind cannot be norn
'He meant to take out as many people as
possible, perhaps all, and escape.'
-Dr. Lynn Blunt,
psychiatrist for the prosecution
represented exactly what was angering
him, bringing out Kelly's sense of
failure and frustration.
"I saw the conflict being between
success and non-success. Don't get the
idea I'm saying he just meant to take
out Ed Siwik, though. He meant to take
out as many people as possible, perhaps
all, and escape."
Nol combined Kelly's frustration with
the system of delusion he said Kelly had
built. "Leo Kelly was engaged in an
argument with himself over his feeling
of failure," Nol says. "If we look at
Kelly and carry that metaphor through,
it's obvious he had been losing the
argument for a long time."
Nol also said racial tension at the
University exacerbated Kelly's
frustration and made him especially
susceptible to psychosis.
Racial division of another sort
plagued the trial and, Waterman con-
tends, constitutes grounds for appeal.
Blacks accounted for only 4 percent
of the original pool of jurors even
though Wastenaw County's black
population is considerably larger than 4
percent. These few black jurors were
easily disqualified by the prosecution's
use of . peremptory challenges -
dismissing jurors without having to
Mackie and Noah insisted they were
not excluding jurors based on race, but
in the end the jury ended up all-white;.
several black jurors were removed
peremptorily by the prosecution.
As a basis for appeal the use or abuse
of peremptory challenges is probably
not viable: High courts have upheld the
peremptory challenge in the past.
In the Kelly case, the defense was
allowed 20 peremptory challenges to
the prosecution's 15.
Waterman says the jury selection
process itself is discriminatory because
it relies on voter, registration to form
the jury pool. Since blacks do not vote in
representative numbers, he says, get-
ting even one black juror is impossible
given the peremptory right.
Not only the selection, but the final
jury angered Waterman because it was
conspicuously white. "The jury will be
asked to focus on the history and at-
titudes and reactions of a black defen-
dant, and it is almost impossible for
people who have never lived under that
circumstance to evaluate the state of
mind of an individual who has,"
to take it.
In a st
of the pa
and the tr
It is te
of my lif4
of what h
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the act requires a suspension of
judgment," Nol says.
Nol also told jurors that Kelly's ap-
parent loss of memory about the events
surrounding the trial was an act of
psychiatric denial - a mental defense
mechanism to prevent the recall of
thoughts that are too threatening.
"Leo Kelly was clearly delusional,"
Nol says. "The incident occurred after
he had read considerably and heard a
great deal about terrorist acts
throughout the world. His social history
indicates a great deal of stress -
relationship stress particularly -
which is what we find at the base of
most terrorist activities."
Testimony showed that before the
shooting, Kelly bought shells for the 12-
gauge shotgun he used in the slayings,
gasoline for the Molotov cocktails, and
a gas mask, all of which police found in
Stock disagreed with Blunt, however,
that Kelly targeted any particular vic-
tim. Instead, he said, the victims were
simply in the wrong place at the wrong
Though Nol says many people have
fantasies and make elaborate plans to
carry them out - but don't act - Stock
says this condition is not particularly
common. "At least I hope not," he says.
"Someone can plan a murder
carefully and still be insane. The dif-
ference is when the murder was the
result of a crazy idea."
Tanay says the "hallmark of being
mentally well" is not acting on one's
fantasies. "Though not having the
ability to fantasize would be sick."
The psychiatric experts invariably
mentioned Kelly's frustration and
failure as a University student, though
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