Is Defendant Sane Enough to Waive Insanity?

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During a trial readiness hearing, a murder defendant, who a DC Superior Court judge said was diagnosed with schizoaffective disorder, refused to plead insanity.

El Hadji Alpha Madiou Toure is charged with felony murder while armed for allegedly stabbing Corrina Mehiel, 34, in an apartment on the 600 block of 14th Street, NE in 2017. According to court documents, Toure, 30, also stole thousands of dollars from Mehiel after her death.  

Toure is also charged with first-degree murder, first-degree sexual abuse, kidnapping, burglary one while armed, robbery while armed, first-degree theft, unauthorized use of a vehicle and credit card fraud.

Toure was deemed incompetent to stand trial in April of 2017. However, after undergoing court ordered treatment, Toure was ruled competent in September of 2017.

During a previous hearing, the prosecution motioned for a Frendak inquiry, which doesn’t allow the judge to order a defendant to use an insanity defense if the defendant voluntarily chooses not to do so.

On Aug. 15, Judge Juliet McKenna noted that Toure was taking medicine for schizoaffective disorder, but stopped taking the medicine after he was hospitalized in October of 2017. She then questioned Toure about his decision to forgo an insanity defense.

Judge McKenna said her intention in questioning Toure was to make sure the defendant’s choice to assert or forego an insanity defense was an “intelligent, sane decision.”

The judge then granted Toure’s request to forego an insanity defense based on previous reports, case facts and Toure’s behavior in court.

Toure is scheduled for a trial readiness hearing on Oct. 12. A trial date is set for Feb. 19, 2019.