police tapeLast fall, when the two Krim children were stabbed to death, their nanny stabbed herself in the neck. The unofficial story from then on has been that Yoselyn Ortega is just plain crackers. But is she too crazy to stand trial? (YES, that's a thing. A person can avoid going to trial just because they're too mentally ill.) Could Ortega actually just walk away without answering to the charges of murdering two innocent children?

Today a court said no. Ortega was decalared mentally fit enough to stand trial. A Manhattan judge said, "Both psychiatrists find the defendant can in a meaningful way assist in her own defense and have found her fit to proceed to trial." But Ortega's lawyer is challenging the ruling. She describes Ortega as "pathetic," like that's an excuse for not having to answer to a crime.

I'll tell you what's pathetic -- claiming your client is too pathetic to stand trial. If we excused every defendant who seemed "pathetic" from standing trial no one would ever have to answer to anything. They're all pathetic.

And keep in mind, this is not a question of whether Ortega is not guilty of the crimes by reason of insanity. This is just a formality before the trial gets started. We're not even in the front door on this one!

I wonder if Ortega's lawyer feels like if she can't prove her client is too crazy to stand trial, she doesn't stand much chance of making that insanity defence work in the trial itself. Honestly, these people are just postponing the inevitable -- by several months. That's how long this appeal could take. And we Still. Haven't. Even. Gotten. Started.

Do you think anyone could be too "pathetic" to stand trial?

 

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