Former U-M student involved in fatal crash ordered to trial, where he intends to argue insanity defense
A former University of Michigan student charged with murder for causing a fatal crash on US-23 last spring is heading to trial. Michael Kelly, 21, formally waived his right to a preliminary hearing during a recent appearance in Washtenaw County District Court.
Andrew Abood, Kelly’s attorney, said he did so with the understanding from prosecutors that Kelly intends to plead not guilty by reason of insanity when the case moves to circuit court for a pre-trial hearing next month.
Abood said Kelly, who is schizophrenic, was in the midst of psychotic episode when he drove his vehicle across the median and into oncoming traffic shortly after 4 p.m. on March 12 in Pittsfield Township. Brandon Rapp, 25, was driving one of the cars Kelly struck and died at the scene. Doctors at the Forensic Center of Psychiatry in York Township initially deemed Kelly incompetent to stand trial, but found his condition improved after further treatment.
Kelly, of East Lansing, was enrolled at the University of Michigan at the time of the crash. Abood said Kelly is doing well and remains at the center pending his next hearing.
Art Aisner is a freelance reporter for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
Awakened
Tue, Mar 1, 2011 : 1:54 p.m.
Someone who uses a car as a missile during a psychotic episode may not be deterred by the lack of a valid license. A court mandated regimen of treatment is neccesary. Failure to comply with the regimen MUST be cause for immediate hospitalization. Studies show that mentally ill people who engage in destructive or self-destructive acts are likely to repeat them if treatment ceases.
loves_fall
Mon, Feb 28, 2011 : 6:10 p.m.
From what I understand, you don't get your license revoked for having psychotic episodes, regardless of how frequently occur. They do temporarily suspend your license for 6 months following a seizure, and longer if there is any kind of recurrence.
RJA
Mon, Feb 28, 2011 : 5:18 p.m.
@ DF Smith, I agree with your comment.
DFSmith
Mon, Feb 28, 2011 : 1:42 p.m.
Well, if Mr Kelly is really mentally ill, and not merely faking it, I hope he gets the treatment he deserves. However, if he indeed is severely mentally ill, how will society be protected from him in the future?
Wolf's Bane
Mon, Feb 28, 2011 : 1:26 p.m.
Oh, insanity defense? I think it's actually more insane that we don't have driving restrictions for schizophrenic drivers that have episodes in the middle of highway traffic. Oh, but then again, this is Michigan, a car state.
DFSmith
Mon, Feb 28, 2011 : 8:48 p.m.
Malorie- since 1999, ihavent beenable to drive, am dealing with2 brain tumors one after the other. I have been told to not drive,and I dont, because I think i am a responsible adult. Life can be really difficult, if one is carless even in a place like Ann Arbor, and so, i know why some people who shouldnt drive decide to drive, even thouhg theyhave been told not to.
Wolf's Bane
Mon, Feb 28, 2011 : 6:08 p.m.
Regardless, I think we need to examine our state's driving laws in order to find the optimal balance between liberty and safety.
M.
Mon, Feb 28, 2011 : 3:37 p.m.
I'm pretty sure there ARE restrictions. A friend of mine had a seizure caused by a brain tumor, and she said she wasn't allowed to drive for a long time because she could have a seizure at any moment. Likewise, if he was taking his medications they probably have a warning about operating heavy machinery and driving since many medications for schizophrenia sedate you (but apparently he wasn't on his meds).