What's this legal loophole verbiage? What nonsense. It's either a crime or it isn't, and it appears there's no law on the books that makes this a crime. End of fucking story.
http://www.southcoasttoday.com/article/20150824/NEWS/150829729/-1/breaking_ajaxThe defense lawyer for Michelle Carter, accused of encouraging a Mattapoisett teen to commit suicide, said she initially tried to get him help and suggested he join her at McLean Hospital, but then became "brainwashed" into assisting him with plans to take his own life.Carter, the 18-year-old Plainville teen charged with involuntary manslaughter, told Conrad Roy III, 18, to come and join her at McLean Hospital, a psychiatric facility in Belmont, where she was, according to Joseph P. Cataldo. He refused, Cataldo said."He ultimately persuaded a young, impressionable girl," the attorney told reporters in an interview."Eventually he gets her to endorse his plan."
I agree. On the other hand, this person could have taken actions to save him. She chose to encourage him to end his life instead.I have been pretty depressed before and felt like killing myself a couple times, I would never do it. I think he had his own mind no matter what she said, you cant make somebody do something they dont really want to do! IMO
Oh, good point, I hadn't thought of that. Now I want to know, cause it makes a big difference!Do we know if she was in the hospital herself as a patient? Can we confirm or disprove this? Because I thought it meant she was working there, or offering to meet him there for support.
He ultimately persuaded a young, impressionable girl," Joseph P. Caltado told reporters, according to South Coast Today. "Eventually he gets her to endorse his plan."
She was "brainwashed," Mr Caltado added. His client has pleaded not guilty, according to media reports.
Last month, Carter's attorneys filed a motion to dismiss the indictment against her. In addition to the "brainwashing" defense, they argued that her texts were protected by the First Amendment. They have also introduced other text messages that, they claim, show Carter initially tried to convince Roy to abandon his suicide obsession.
One text, allegedly sent by Carter, asked Roy to "promise" her he wasn't going to kill himself. "I wanna help you live again," said another text, also allegedly from Carter.
"It's a sad story, a tragedy, but it's not manslaughter," Mr Caltado told CBS in March. "What we have here is a young man who made a voluntary decision to end his own life. It was his voluntary decision. His death was not caused by Michelle Carter."
The attorney said the case, "where a person who is 30 miles away is charged with committing manslaughter by text," was unprecedented in Massachusetts. The state does not have a statute criminalising assisted suicide.
On Wednesday, juvenile court judge Bettina Borders rejected Mr Cataldo's motion to dismiss, effectively allowing the case to proceed to trial.
In a seven-page ruling citing the teens' 45-minute phone conversation just before Roy's death, MS Borders ruled that prosecutors had shown enough evidence of wrongdoing to override any First Amendment concerns.
"Even if the defendant did not understand the consequences of her actions, a reasonable person would have realised that telling a person to get back into a truck filled with carbon monoxide would pose a grave risk of danger to that person," the judge wrote, according to the Sun Chronicle.
Carter's attorneys said they plan to appeal Wednesday's ruling.
"I'm both surprised and disappointed," said Mr Caltado.
"I'm surprised the court didn't analyse the text messages that Michelle Carter sent to Conrad Roy throughout June (of 2014) asking him to get help," he said. "It seemed to have relied on the text messages the government put forward."
Carter is scheduled to appear in court on Nov. 30 for a pretrial hearing.
Read more: http://www.smh.com.au/world/manslaughter-by-text-teen-faces-charges-after-boyfriend-suicides-20150925-gjv9xk.html#ixzz3pQkKihAO
http://finance.yahoo.com/news/court-oks-trial-girl-texted-boyfriend-urging-suicide-150603008.htmlA teenager who sent her boyfriend dozens of text messages encouraging him to take his own life and told him to "get back in" a truck filled with carbon monoxide fumes must stand trial for involuntary manslaughter, the state's highest court ruled Friday.
The Supreme Judicial Court ruled Friday that a grand jury had probable cause to indict Michelle Carter, then 17, in the 2014 death of Carter Roy III, 18.
Carter's lawyer had argued that her texts were free speech protected by the First Amendment and didn't cause Roy to kill himself.
But the court, in a strongly worded decision, said the grand jury heard evidence suggesting that Carter engaged in a "systematic campaign of coercion" that targeted Roy's insecurities and that her instruction to "get back in" his truck in the final moments of his life was a "direct, causal link" to his death.
"In sum, we conclude that there was probable cause to show that the coercive quality of the defendant's verbal conduct overwhelmed whatever willpower the eighteen year old victim had to cope with his depression, and that but for the defendant's admonishments, pressure, and instructions, the victim would not have gotten back into the truck and poisoned himself to death," Justice Robert Cordy wrote for the court in the unanimous ruling.
The biggest problem this poor guy had was that his girlfriend was an evil, psycho bitch who'd trade his life for some attention and sympathy. And no, no painful illness etc. Just what seems to have been acute depression, which is treatable.Assisted suicide then ... still a crime. Did he have some incurable, painful illness?
[doublepost=1491531776,1480709531][/doublepost]This just keeps dragging on. Trial delayed again.The inner workings of the modern-day teenager’s mind will be on display in the case of Michelle Carter, and her defense team appears poised to show why a teen’s jumbled thoughts and impulsive decisions should lead to a not-guilty verdict at her involuntary manslaughter trial.
March 23, 2017The trial of Michelle Carter has been pushed back to June, more than two and a half years after she allegedly encouraged her boyfriend to kill himself.
Following a lengthy legal battle, Carter was scheduled to go on trial on March 6. But her defense attorneys filed for a 90-day continuance in the case, pushing the trial date to June 5, an official with the Bristol County Juvenile Court said.
"Additional evidence and time was needed," Carter's defense attorney Joseph Cataldo wrote in an email.
Carter was charged with involuntary manslaughter in February of 2015. In September Taunton Juvenile Court Judge Bettina Borders rejected Cataldo's motion to dismiss the charge, allowing the case to move forward. Free speech, Borders ruled, does not extend to encouraging suicide.
Cataldo then filed an appeal to a single justice of the state Supreme Judicial Court and the district attorney's office filed a response in November. The full court announced it would hear the case in February, and earlier this month ruled that the charges were proper and the case can proceed.
In the defense's appeal brief, Carter's attorneys wrote that prosecutors had overcharged Carter to compensate for a lack of applicable law against encouraging suicide in Massachusetts.
"Charging her with manslaughter was a transparent effort calculated to circumvent the fact that the legislature has not criminalized words that encourage suicide," the brief argued.
Prosecutors allege that Carter led a campaign of encouragement that directly led to the death of Roy, who had graduated from Old Rochester Regional High School that June.
"Carter assisted Conrad's suicide by counseling him to overcome his doubts," the indictment reads. "Her counsel took the form of positive direction, where she told him he was 'strong' enough to execute the suicide plan and would be happy once he was dead."
The text messages included in court filings show Carter, in between professions of love, advocating for suicide as Roy's best option after an extended period of depression.
"It's painless and quick," she wrote in one text. "Everyone will be sad for a while but they will get over it and move on," she wrote in another. She urged him not to delay the act, and advised him to find alternative methods of producing carbon monoxide when it became clear his truck's diesel engine would not work.
She also allegedly cajoled him back into the truck over the phone after he had second thoughts in the middle of the act, the prosecution said.
The prosecution has portrayed Carter as an active participant in Roy's death -- one who, after the fact, pretended to have no knowledge of the plan. She texted with Roy's relatives, asking where he was in the hours before his body was found in the Kmart parking lot.
A psychiatrist has claimed that a Massachusetts teenager who allegedly encouraged her boyfriend to commit suicide was ‘involuntarily intoxicated’ by prescribed antidepressants she was taking at the time she acted.
Psychiatrist Dr Peter Breggin has been hired by Carter’s defense team and appeared at Taunton Juvenile Court this week so a judge can determine whether he should be allowed to provide expert testimony in Carter’s forthcoming trial.
Dr Breggin – who is regarded as controversial having been banned from testifying in other cases – told the court that Carter loved Mr Roy but was not responsible for his death because she was being treated with the antidepressant Celexa in 2014. This would have altered her brain and meant she wouldn’t have understood the impact of her texts, he stated.
According to WPRI.com Dr Breggin said: ‘She had no notion of wrongfulness on what she was doing. The impairment of being on the drugs while you are growing up, while your brain is maturing, while your frontal lobes are developing, you’re talking about being inundated with neurotoxic effects.’
During cross-examination, prosecutors questioned Dr Breggin’s credentials and accused him of being an ‘extremist’ who was critical of antidepressants.
Assistant District Attorney Katie Rayburn pushed him to admit he only reached his conclusion about Carter based on medical records and the text exchange between her and Mr Roy.
Carter’s defense team was granted a request late last year for funds to hire an expert to examine the antidepressant she was taking at the time. Her attorney Joseph Cataldo has said that Celexa could be the key to her defense because it can increase suicidal thoughts.
The judge did not immediately rule on whether Dr Breggin can testify.
- One of the allegations involves Carter communicating with Roy as he was trying to asphyxiate himself with vehicle exhaust.
“He allegedly walked out of the car where he was committing suicide, was having second thoughts about it... Was scared about the whole thing... And she allegedly encouraged him to step back in,” said Ellikan.
Carter's attorneys will likely argue the Plainville woman broke no law and was exercising her right to free speech. Plus, she was a juvenile at the time.
But Ellikan says the toughest task facing the defense is to change the perception of Michelle Carter.
“I think the main challenge for the defense is to make this person, so unlikable in the public, to somehow show a human side to her and show something about her that is, indeed, likable,” said Ellikan.
I only wanted to sleep when I was on antidepressants, never mind involuntarily intoxicated, I was involuntarily napping or looking like I was hypnotized in the corner. i didn't have enough energy to talk someone into suicide. So I call bullshit.delusional after becoming "involuntarily intoxicated" by antidepressants,