Georgia appeals court says woman who argues mental illness caused crash can use insanity defense

ATLANTA (AP) — A Georgia appeals court has ruled a woman who was suffering from a psychotic break stemming from mental illness when she caused a fatal car crash can use an insanity defense at trial.

Michelle Wierson was speeding through the streets in DeKalb County in her Volkswagen Tiguan in September 2018 when she hit a Toyota Corolla stopped at a traffic light, forcing it into the intersection, where it collided with another car. Miles Jenness, a 5-year-old passenger in that car, sustained a traumatic brain injury and a severed spine and died from his injuries.

That Wierson caused the wreck was not in dispute, but defense lawyers and prosecutors disagreed on what arguments should be allowed at trial.

Wierson’s attorneys argued that her mental state at the time of the crash absolves her of criminal liability, and she pleaded not guilty by reason of insanity to charges including vehicular homicide and reckless driving. Prosecutors argued she should not be able to use the insanity defense but argued if it was allowed, they should be allowed to to introduce evidence they say shows that she was not taking all of her medication.

A three-judge panel of the Georgia Court of Appeals on Tuesday sided with Wierson, ruling she can use the insanity defense and that the state cannot introduce evidence of alleged medication noncompliance.

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