THE GAZETTE
Page A-10
Wednesday, January 29, 2014 o
Observers say women face challenges if they seek insanity defense Plea requires medical evaluations, high threshold of evidence n
BY ST. JOHN BARNED-SMITH STAFF WRITER
The two women accused of slaying two toddlers in an attempted exorcism in Germantown face charges of first-degree murder and attempted first-degree murder, but haven’t been arraigned yet. Lawyers for the women, Zakieya L. Avery and Monifa D. Sanford, said it is too soon to discuss their clients’ cases in detail, including the possibility of them pursuing a “not criminally responsible,” or insanity, defense. During bail hearings for the two women this month, prosecutors said both women have a history of mental illness. According to Montgomery County State’s Attorney John McCarthy, Avery told police that she once was involuntarily com-
FARQUHAR Continued from Page A-1 and that 20-acre property will become parkland. Dependent on funding, construction is expected to begin this summer, and the new school is expected to open for the 2016 school year. “Everything is on schedule, and as of now is expected to open on time,” said Montgomery County Public Schools spokesman Dana Tofig. “Now that we have the preliminary plan approved, we will move forward with the final design.” Troy Kimmel, Farquhar modernization chairman for both the Farquhar and Brooke
BRANSON
Continued from Page A-1 son (D-Miss.). In a statement Tuesday, she said she was honored to be nominated, and pledged to work hard to represent the voters of District 5, which includes Silver Spring, Takoma Park and Burtonsville. Branson said she was familiar with many of the issues facing the district, but would work to quickly get up to speed on other issues. Branson will retain members of Ervin’s staff, who can help in her transition. In an interview earlier this month, she said she thinks her experience as a congressional aide will help her get started quickly on the council. It has also taught her the importance of compromise in getting things accomplished, she said.
mitted for psychiatric care. Sanford told police she has tried to commit suicide twice. “The state’s attorney’s statements present a pretty compelling case for a lack of criminal responsibility,” said David Felsen, Sanford’s attorney, before declining to discuss his client’s case further. Byron L. Warnken, a University of Baltimore law professor, said that obtaining a “not criminally responsible” verdict is a “very difficult hurdle” for defendants. In Maryland, if a jury finds a person guilty, and the defendant’s lawyers can establish “not criminally responsible,” or NCR, the defendant cannot be punished, he said. “You can put me away, where you put other involuntarily committed people ... and I might get out in one-tenth of the time, or 10 times longer, [than a convicted criminal]. It has nothing to do with punishment. It has to do with, ‘Do I pose a danger to myself, to others and to the property of others?,’”
Warnken said. In a 911 call on the evening of Jan. 16, a neighbor told police that Avery left one of her children in her car for about an hour. During the call, Avery came out of her house and accosted him. In the call, which police released to the public, the caller told dispatchers Avery was “responding to internal stimuli.” The caller explained that Avery appeared to be talking to herself. During Avery’s bail review, McCarthy said the women told police they had seen demons possessing the children and turning their eyes black. Avery has been transferred to a secure psychiatric hospital. Before her case can go forward, mental health experts have to evaluate whether she is legally “competent,” or understands the charges against her and can assist in her defense. A similar evaluation has been ordered for Sanford. Dr. Neil Blumberg, a forensic psychiatrist at the University of Maryland School of Medi-
cine, said that when defendants might have mental illnesses, health officials check if there’s a history of mental illness or drug abuse, and learn about their early development. In cases in which mothers kill their children and there’s no history of being abused or abusing children, most are psychotic or responding to hallucinations and delusions, he said. If Avery and Sanford are found not competent, they will go through a process to “restore” them to competency, lawyers said. That would involve medication and other treatment. Judicial proceedings would continue after they finally reached competency, McCarthy said. The length of that process varies widely, possibly taking months or years, said Steven D. Kupferberg, a local attorney. Once restored to competency, the women would be evaluated by a state psychiatrist to determine whether they were “not criminally responsible” when the accusations took place.
In that case, their defense attorneys would need to prove that their clients are either unable to appreciate the criminality of their conduct or unable to conform their conduct to law, said Paul Kemp, a local defense attorney. Then, they would plead guilty, but not criminally responsible. “The only cases where the defendant is usually found to be NCR is where they are separated from reality, or psychotic,” Kemp said. Waging an NCR defense requires a defendant to admit to the facts of the case. “The initial burden is on the defendant. ... You have to come in with an opinion [of NCR] from a psychiatrist,” Kemp said. Cases requiring an NCR defense are usually so serious, people look at them with a “finetooth comb and magnifying glass,” Kupferberg said. “And their sympathies won’t be with the defendant. They will be with the victim, and generally, that’s what makes the most difference,” he said.
Grove Elementary School PTAs, said the organizations are pleased with the design. “MCPS worked long and hard to make it fit with the community and rustic rural setting,” he said. “They tried as hard as they could to please everyone, and I think they did a great job.” Batchellors Forest Road is designated by the county as a Rustic Road. The program includes county roads that exemplify the rural and agricultural character of the area, and provides a system for evaluating, protecting and enhancing these scenic roadways. In keeping with the Olney Master Plan and the Rustic Road guidelines, the existing entrance
in front of the current school will be used for the new school, the athletic fields and tennis courts will be placed adjacent to Batchellors Forest Road, and the building will located toward the rear of the site. This site plan allows the majority of parking areas for both cars and buses to be screened from adjacent neighbors by the new building and the existing trees. The Hyde family, who own the property adjacent to the new school site, has expressed opposition to the project. They declined comment to The Gazette. The capacity for the new school will be 796 seats, with a planned core capacity for 1,000
students, if expansion is needed in the future. The capacity for the new building is reduced from the existing school’s capacity of 906, but enrollment projections show a decline, from 577 students this year to 547 students in the 2019-2020 school year. The revitalization/expansion project will provide the required teaching spaces and support spaces. Opportunities will increase for students with cognitive disabilities to be taught in integrated settings with their non-disabled peers as much as possible, with classrooms located in close proximity to the general education population.
The building will be in compliance with the Americans with Disabilities Act and the project will be designed to achieve Leadership in Energy and Environmental Design Silver certification or higher by the U.S. Green Building Council under the LEED for Schools rating system. There also will be opportunities for learning to take place outside the classroom, with flexible spaces and an outdoor courtyard and plaza areas. The design of the building provides access to the cafeteria, media center, gymnasium and other central spaces while securing the rest of the building for after-hours community use.
The next step comes on Feb. 13, when the issue goes before the Montgomery County Planning Board. Carol Rubin, associate general counsel for Park and Planning, said that there are three items on the Feb. 13 agenda relating to this project. First is a mandatory referral for a change in use, as the school system is abandoning the use of a public building. Second is a release of dedication from the original park site, and third is the release of the Rural Open Space easement of the park site.
GRAD
Northwest’s 3.7 points. Wheaton High School saw the greatest decline in its graduation rate, dropping to 68.6 percent in 2013 from 76.1 percent in 2012 — about 7.5 percentage points. Sixteen high schools saw an increase from 2012 to 2013 among black students and 12 high schools saw an increase among Hispanic students. Of the high schools that showed an improvement among special education students, several school saw significant rate increases, including Paint Branch with a jump of 21.8 percentage points and Quince Orchard with a jump of 19.2 points. School board President Philip Kauffman said he is encouraged by the improved graduation rates but also wants to learn more about how ready students are for college or a career after they leave high school. Addressing ESOL students’ data, Kauffman pointed to recommendations in Superintendent Joshua P. Starr’s proposed operating budget that direct more resources to ESOL services. “I think that’s something we need to do,” he said. School board member Christopher S. Barclay (Dist. 4) said the school system needs to “take ownership” of its responsibility
to help prepare ESOL students for the future. “We can’t do that if we’re not helping ensure they get all the way through (high school),” he said. Barclay said he thinks the school system needs to be as “aggressive” and “intentional” as possible to produce signficant changes in student performance, including those of black, Hispanic, and free and reducedprice meals students whose graduation rates are below those of their white and East and South Asian peers. “We’ve got to make larger leaps in those groups really to deal with those gaps that we see,” he said. Rockville High Principal Billie-Jean Bensen said that, while this academic year marks her first at the school, she has seen the continuation of recently started efforts that she thinks have helped students reach graduation. Among other work, the high school has used team meetings — which pull together counselors, resource teachers, administrators and others — to talk about each student’s individual needs, she said.
Branson had previously served on the county’s Charter Review Commission and the Commission on Redistricting. Branson was nominated by Councilwoman Nancy Navarro (D-Dist. 4) of Silver Spring, who said she thinks Branson would make an excellent addition to the council. Council Vice President George Leventhal (D-At large) of Takoma Park moved that the nomination by acclimation, a suggestion the other council members supported. Branson was one of 18 candidates who applied for the open seat, 14 of whom were interviewed by the council. Councilman Hans Riemer (D-At large) of Takoma Park complemented the people who applied. “It was really a testament to a great tradition of citizen engagement here in Montgomery County,” Riemer said. Branson will serve out the
remainder of Ervin’s term, which ends Dec. 1. Candidates for the appointment were asked to agree not to run for re-election in November. The race for the new term has drawn plenty of speculation among Montgomery political observers. Silver Spring Democrat Jeffrey Thames was the only candidate to file as of Tuesday, according to the state Board of Elections. Evan Glass, chairman of the Silver Spring Citizens Advisory Board has expressed his intention to run, while Del. Tom Hucker (D-Dist. 20) of Silver Spring and Board of Education member Christopher S. Barclay are among those who have said they’re considering running for the seat. rmarshall@gazette.net
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Continued from Page A-1 percentage points to a 78.1 graduation rate. The graduation rate of ESOL students declined about 1 percentage point after an increase of 3.9 percentage points from 2011 to 2012. The county school system also saw a slight decrease from 2012 to 2013 in the dropout rate, which fell about 0.5 percentage point to 6.3 percent. Since 2011, the dropout rate has decreased by about 1 percentage point. Montgomery’s dropout rate stands about 3.1 percentage points below Maryland’s 9.4-percent rate. Among the school system’s 25 high schools — 16 of which saw graduation rate increases from 2012 to 2013 — the highest increases from last year include Rockville’s 4.8 percentage points, Springbrook’s 4 percentage points, and Clarksburg’s and
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Continued from Page A-1 The women, who lived on Cherry Bend Drive in Germantown, have been charged with two counts of first-degree murder and two counts of attempted first-degree murder in the deaths of Avery’s 1-yearold son and 2-year-old daughter on Jan. 17. Police also have charged the two women with attempting to kill Avery’s two other children, ages 5 and 8. Police found the two toddlers washed and wrapped in blankets on Avery’s bed. Avery and Sanford were arrested Jan. 17, and have been held without bail since. sjbsmith@gazette.net
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