By Janice Morse
The Cincinnati Enquirer

Tom West

Jay Fisher said he thought an insanity defense was likely in the case of shooting-spree suspect Tom West.

"That's probably the only option left to the man," said Fisher, just days after West was arrested on charges that he fatally shot two men, including Fisher's son-in-law, Donald Haury, 50, and wounded three others at Watkins Motor Lines in West Chester Township.

Fisher of Miamisburg knows little about Ohio's "not guilty by reason of insanity" standard. But common sense, he said, tells him "anybody who shoots somebody is insane to some degree - period. So can they all claim 'not guilty by reason of insanity'?"

West faces the death penalty if convicted, but his lawyer filed a "not guilty by reason of insanity" plea for him last week.

Under Ohio law, West will have to prove he had a mental illness that prevented him from knowing right from wrong at the time of the shooting. If West were found not guilty by reason of insanity, he would be sent to a mental institution - with no specified minimum time and with no subsequent prison time, if he is later deemed sane.

INSANITY CASES

2003: Tonda Ansley, Butler County: A judge found her not guilty by reason of insanity in the 2002 slaying of Sherry Lee Corbett, a 55-year-old Miami University professor. She was sent to a mental hospital. 2002: Bridget Stovall, Hamilton County: A three-judge panel found her not guilty by reason of insanity in the drowning of her two children in the bathtub of their Evanston apartment in 2001. She was sent to a mental hospital. 2000: Jeffrey Bornhoeft, Warren County: A jury found him not guilty by reason of insanity in the shooting death of his ex-wife's husband, Jamey Johnson, 23, the first such verdict anyone can recall in a capital case in the county.

That's wrong, says Rep. Greg Jolivette, R-Hamilton.

"It just doesn't seem right that Mr. West or any other person could commit a capital crime but find himself free in two years if a doctor says he's cured," Jolivette said. "There should be some extra penalty that goes along with that."

Jolivette and Rep. Gary Cates, R-West Chester, are working with Butler County Prosecutor Robin Piper to craft a law that would allow a combination of prison time and mental health treatment for some criminal defendants.

A number of states, including Indiana and Kentucky, have laws of this type. Prosecutors in Indiana and Kentucky say their states' "guilty but mentally ill" laws offer a middle ground, providing for treatment and punishment. That verdict is reserved for defendants whose mental illnesses influenced them to commit acts they knew were wrong at the time.

Piper's not sure that type of law would resolve his concerns.

"We've got to do something - and we can't be afraid to make a change. There needs to be some bite in the law that requires some accountability at some point in time," he said.

"How can somebody cut off somebody's head, and three or four years later be kicked out of the institution because they're 'fine?' " he said. "I think the public feels that's an injustice - and I feel that's an injustice."

Piper was referring to the case he worked as an assistant prosecutor: the Valentine's Day 1990 decapitation of Maria Barker Tanner. Her husband, Raymond Tanner, was found not guilty by reason of insanity. Tanner was released after spending seven years in a mental institution. Now he's trying to persuade a judge to halt his court-ordered monthly visits to a psychologist; a hearing is set for Feb. 12.

Tanner is required to spend 30 minutes with a psychologist each month. But the Fairfield man contends he no longer needs therapy because he is no longer insane. He has already had two mental evaluations and each has determined he still needs supervision.

On Friday, a judge granted Tanner's request for a third independent mental evaluation.

Advocates for the mentally ill protest against people being held responsible for crimes if the mental illness keeps them from knowing right from wrong or from controlling their actions.Jolivette acknowledged that long-held principle of American law, but said he thinks there's a way to strike a balance among both sides.

"We want to make sure a person gets help - but they also should be held accountable for their actions and receive some kind of consequence from that."

E-mail jmorse@enquirer.com