A visitor accused of stabbing his wife will rely on a mental disorder defense

Defense attorneys for an 83-year-old Canada visitor accused of stabbing his wife more than 100 times plan to argue that Tadeusz Zygmunt "Ted" Jandura is not guilty because of a mental disorder.

Jandura's lawyers filed a notice of their intent to rely on the mental disorder defense on Nov. 16, a spokesman for the city Prosecuting Attorney's Office said yesterday.

The judge will select three psychiatrists and psychologists to sit on a panel to evaluate Jandura's mental fitness. The process can take up to three months, said spokesman Jim Fulton.

According to Hawaii law, a person is not responsible for his conduct if he lacks substantial capacity to either appreciate the wrongfulness of his actions or to act within the law because of a mental disease, disorder or defect.

To be successful, the defense must prove that the defendant suffered from a mental disorder, but more importantly cannot distinguish between right and wrong.

Even if found not guilty because of insanity, defendants do not go free. They are normally committed to the Hawaii State Hospital, until they can prove it is safe for them to be released.

On Feb. 25, police responded to a call of an argument at the Janduras' 13th-floor room at the Ilikai in Waikiki. Jandura answered the door and allegedly said: "My wife is dead. I kill my wife."

Police found 82-year-old Ingeborg Jandura covered with dried blood on a bed inside the unit.

Jandura was indicted for second-degree murder. He is believed to be the oldest person accused of murder in state history and is being held without bail at the Oahu Community Correctional Center.

Family members said in a statement that Ingeborg Jandura had been abused and stalked by her husband but ended efforts to divorce him last year and reconciled with him.

In another high-profile case, the defense for accused Tantalus shooter Adam Mau-Goffredo also is attempting to establish that he is unfit for trial because of a mental disorder. Mau-Goffredo is facing multiple murder charges for allegedly killing three people at Tantalus on July 6 last year.

Three mental health experts gave initial impressions that he was fit to stand trial, but in September, those experts reversed their assessments, and Mau-Goffredo was ordered to be evaluated again.

Defense produces mixed results Other recent cases involving the insanity or mental disorder defense: » In perhaps the most high-profile case involving the insanity defense, a Circuit Court jury decided Byron Uyesugi understood right from wrong and found him guilty in 2000 of first-degree murder for killing seven Xerox co-workers in 1999. » Micah White was acquitted last year on first- and second-degree murder charges because of mental illness for stabbing his mother and aunt multiple times and setting them on fire in April 2004.