Insanity defense
planned in mom’s trialA Palolo woman is accused of
attempting to drown her son, 9
The attorney for a Palolo woman accused of attempting to drown her 9-year-old son in a bathtub has indicated he will raise an insanity defense.
Reports submitted to Circuit Judge Derrick Chan from three court-appointed doctors indicated that Marlene Mexia, 45, is not criminally responsible, her attorney, Victor Bakke, said yesterday.
The doctors had been asked to evaluate whether at the time of the incident Mexia was suffering from a mental illness, knew right from wrong and whether the illness prevented her from following the law.
"Based on the doctors' reports, the defense is going to be asserting the defense of not guilty by reason of insanity," Bakke said.
The defense had said earlier that Mexia had a history of mental illness and had been receiving treatment.
Prosecutors could not be reached for comment.
Mexia is set for trial May 3, charged with attempted second-degree murder, which carries life imprisonment with the possibility of parole. But Bakke said he hopes they can work out an agreement with prosecutors and avoid having the boy testify at trial.
Mexia allegedly called 911 on July 29 and told an operator she had drowned her son. Police found the boy floating on his back in the tub and near death. He was pale with red marks around his neck, and his breathing was strained.
The boy recovered from the incident and has been living with his father, who was not home at the time. He also has been having supervised court-ordered visits with his mother, Bakke said.
The defense has made a motion to have Mexia placed on supervised release at the Hawaii State Hospital or other treatment facility pending trial. A hearing will be held March 23.