Passing the Buck for Homicide to the Guy in Diapers

You've got to love anyone with a new idea.  After all, that's the entrepreneurial spirit, the spirit of invention and discovery.  It's what makes America great, right? 

This article is about just such a person with a cutting edge idea (Minneapolis Star-Tribune, 10/28/09).  Now, as with all new ideas, it didn't work out so well the first time.  I'm sure the first steam engine blew up too.  But like all great ideas, there will doubtless be others who refine and perfect it.

In this case, it was Betsy Hanks who had the new idea.  It comes in the field of criminal law.  Hanks, it appears had a lengthy, er, "discussion" with her husband Matthew Albert in the wee hours of the morning, about his stated belief that she was stepping out on him.  Hanks, it's been charged, then waited until he was asleep and shot him in the head.  He died a few hours later at a local hospital. 

But did Hanks do what so many murderous wives have done in the past - hide behind the Mary Winkler defense?  Did she claim domestic violence as the reason why she murdered her sleeping and defenseless husband?  Perhaps a lesser woman would have, but not Hanks.  No, it fell to her to advance the cause of gender equality by claiming an all-new defense - the three-year-old did it. 

Or maybe it was the 18-month old.  The article isn't clear on that, saying that the three-year-old was with Hanks elsewhere when the killing happened and only the 18-month-old was at home with Albert.  So it's not apparent how the three-year-old could have pulled the trigger from miles away.

Hanks has owned up to the shooting herself, even leading police to the swamp where she tossed the murder weapon.  She's in jail on $1.5 million bond charged with second-degree intentional murder.  But as I said earlier, every great idea has to have the bugs worked out of it at first. 

In this case, the advantages of the toddler defense should be clear.  Even better, just think of pinning the rap on a child who's too young to talk.  I can imagine entire fields of legal expertise required to ascertain the mental capability of children who've not yet said their first words.  Surely the potty training drove them to it.  Or the mashed peas and carrots. 

Mashed peas and carrots?  Hey, even I'd believe that one. 

Thanks to Charlie for the heads-up.

Help for Florida Dads Neil Leavitt, PA helps Florida dads defend their relationships with their children during divorce or separation. Leavitt specializes in family law and has practiced law for nearly three decades. The Law Office of Neil Leavitt can be contacted by phone at (954) 989-5858.

This entry was posted on Thursday, October 29th, 2009 at 6:54 pm and is filed under blog. You can follow any responses to this entry through the RSS 2.0 feed. | 247 views | Trackback | Print this page |

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