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Sunday, January 21, 2007 - 10:20 pm ET
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A Serious Disability: Asperger's to be used as defense by Odgren's attorney

“This is not a group prone to violence. If anything, they’re often the targets of violence.”

Says Jamie Freed, a social worker with the Asperger’s Association of New England. Freed is quoted in an article in today’s Boston Herald in which attorney James Shapiro noted at an arraignment that his client, 16-year-old John Odgren, has Asperger’s Syndrome. On Friday morning, Odgren fatally stabbed 15-year-old James F. Alenson at Lincoln-Sudbury Regional High School. The Boston Herald article notes that Asperger’s is “a mild form of autism that has helped win acquittals for defendants in 22 U.S. criminal cases since 2002, according to the Autism Society of America. Two cases are mentioned, that of a man with Asperger’s who was acquitted in the killing of his neighbor in Texas in 2003 and of James Boyd III of Missouri, whose conviction of first-degree murder was overturned due to jurors’ not being allowed to hear of his Asperger’s diagnosis.

Shapiro further noted that Odgren has taken “medication for years,” that Odgren’s Asperger’s is a “serious disability,” and that “‘the defendent has a history of fairly serious psychological diagnoses and has suffered from hyperactivity dysfunction for many years.”

Hub Politics refers to the use of Asperger’s as “The Twinkie Defense”—a reference to this case—and a reference that is inaccurate and unfortunate, and suggests a lack of understanding of what Asperger’s is.

Sunday, January 21, 2007 - 10:20 pm ET
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8 Comments

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  1. Regan

    My sincere apologies.
    The victim was James ALENSON.
    That was an unintended irony.

  2. Cliff

    Being an autistic, I have no such reservations. Bullying is no excuse for murder.

    Cliff

  3. Regan

    John Odgren is scheduled to appear at trial Feb. 11.

    I’m not going to prejudge this trial, but I think in the focus on the accused that sometimes the victim is forgotten. I don’t know this case, and I don’t know John Odgren or James Ahlgren.

    This site has collected news on both:
    http://www.caica.org/Stabbing_suspect_expressed_worry_1-20-07.htm

  4. david L.

    If the murder by an autistic was done in response to bullying, then I would have a hard time not wanting to acquit.

  5. Kristina Chew, PhD

    @adam76,

    That’s an interesting topic—-could you explain something more about what you mean by “cases in which autism was a factor”?

  6. adam76

    I am a third year law student in Albany NY. My little brother has autism and in my last semester here I would like to write a paper, that if good enough, could get published. I am looking for criminal cases in which autism was a factor. Living with my brother for 18 years I learned much about the affliction. We understand very little about what autism is. I am sure that the courts are just as confused.

  7. Crimes and Diagnosis

    [...] topic of an autism or Asperger Syndrome diagnosis in those accused with and/or convicted of crimes is a sensitive, and potentially touchy, subject. Had the Japanese teenager and Hampton received [...]

  8. SIMBA222

    I have that exact same disability [I just don't like the sound of it's name], neither is IT an excuse for murder nor is lack of medication, the kid is G-U-I-L-T-Y!!!!!!!! I’m sure someone will say “Well, he has it worse than you”, well, maybe so, but while I couldn’t get myself to take someone elses life, if someone was much worse off than me, I don’t think they would have the physical capacity to do it… try him as an adult and put him away for the rest of his life!!!!!!!! If the diease is serious enough to be considered for an insanity plea, I think I would have had a much better experience in Middle School [of course who am I to throw stones at my classmates, all of whom are my friends and acquaintances now] anyway the point is, the disease is not serious enough to excuse murder, period.

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