Robert Derderian ruled incompetent

Suspect won’t talk to adults:

One of the many recurring themes here at TTRR is it really hacks me when slimy defense lawyers and even slimier criminals try using legitimate conditions like Autism and Asperger’s as criminal defenses. In the annals of this website that defense has never been successful until now.

If you’ve been reading this site for a while you may remember the case of Robert Derderian. He’s the then 18-year-old from Concord, New Hampshire who was accused of repeatedly molesting a 10-year-old and molesting a 12-year-old and video taping himself molesting the 12-year-old. You would think that with such damning evidence it would be an open and shut case. Not so.

Derderian refused to assist in his own defense. He refused to speak to his own defense attorney. It was claimed that Derderian had Autism and Asperger’s so bad that he could only talk to children and not adults. The state bughouse he was sent to in order to determine his competency even said that he has selective mutism, a crippling anxiety that keeps the subject from speaking to certain people. Eternal coward and mass murderer Cho Seung Hui allegedly had selective mutism as well.

Here’s the thing though. There’s no pee on a stick type tests to determine if Derderian has any of these disorders. In my opinion it all could be that Derderian is nothing more than a child molester who happens to be a good actor. Such a good actor in fact that he partially put one over on the judge. Derderian has been ruled incompetent to stand trial but has been ruled a danger to the community and ordered back to the bughouse.

Like I’ve said before if someone has the mental capacity to molest a girl over a series of months and not get caught and the ability to videotape another assault I tend to doubt that he’s incompetent to stand trial.

Anybody that has a friend, relative or child that has any of these conditions, or if you have any of these conditions, should be appalled at what this scumbag has pulled and the fact that the judge is letting him get away with it.

Alleged autistic ruled competent to stand trial

Competency test result withheld:

I’ve posted about Robert Derderian before. He’s the 19-year-old supposed autistic from New Hampshire who allegedly sexually assaulted a 12-year-old girl and videotaping the assault. He’s also accused of sexually assaulting a 10-year-old girl several times.

He’s not speaking to his attorney which she claims is because of autism, Asperger’s, ADHD, and, as the article puts it another unspecified learning disorder that limits his speaking abilities. That’s very convenient. The prosecution thinks he has a case of faker-itis and I tend to agree.

Anyway since I last posted about this it seems that he’s had top mental competency tests. The first report found him to be mentally competent. The second one is under review as we speak.

Like I’ve said previously if he had the mental capacity to videotape a sexual assault I’m pretty sure he can talk to his lawyer.

Robert Derderian arraigned and still faking it

Student arraigned on more sexual assault charges:

I originally posted about Robert Derderian here. He’s the 18-year-old accused of sexually assaulting a 12-year-old girl and video taping the assault. The wrinkle in this case is that Derderian allegedly has autism and isn’t talking to his attorney.

At a hearing on those charges last week, public defender Tracy Scavarelli asked a judge to allow Derderian’s parents to make phone calls confirming that he is following his bail conditions because her client isn’t speaking. The lawyer has said Derderian may not be competent to stand trial because he has autism.

So he has the wherewithal to record a sexual assault that he allegedly committed and now all of a sudden he’s a window licker? I’m not buying it and neither is the prosecution.

Prosecutor George Waldron accused Derderian of exaggerating his illness. He says he thinks Derderian can speak and is just faking it.

Which again does a great disservice to people who actually have autism. As far as I’m concerned the only thing this kid has is I’m-a-big-faker-itis. Which the only known cure is a lengthy stay in a penitentiary.

Asperger's as a criminal defense

I first heard of Asperger Syndrome when I was blogging about the case of William Freund. Freund was a 19-year-old from Aliso Viejo, California who donned a paintball mask and a cape,armed himself with a shotgun, and went on a neighborhood shooting spree. He entered the unlocked home of Vernon Smith and shot and killed Smith and his 22-year-old daughter Christina before turning the gun on himself and committing suicide.

Now before we go any further I’ll give you just the briefest of rundowns on Asperger’s. There are many who argue about the precise definition of Asperger’s but it is believed to be a mild form of autism in which the afflicted have an extremely hard time with social interaction. For example an AS patient may have a difficult time detecting sarcasm or reading a person’s body language and may take everything as fact. AS patients may also have an obsession with one particular subject or pastime. I realize this is just barely scratching the surface of Asperger’s but it will do for now.

William Freund’s obsession was more than likely guns. On the Asperger’s forum Freund often spoke of wanting a real friend, being suicidal, and threatening to start a terror campaign. On the site he asked what kind of buckshot was the best for home protection. He stated that on Halloween he was going to wait out on his porch with his shotgun and shoot anybody who tries to vandalize his pumpkins. That was possibly the worst site that he could have posted that on. The SomethingAwful community is not known to be kind to any user who posts such outrageous statements and I’m sure his Asperger’s didn’t help. The moderators of WrongPlanet tried to reach his family to tell them of the terror plot he was allegedly planning but they could not. Since Freund committed suicide no trial was ever held but at the time I commented that Asperger’s would be eventually used as a murder defense. At the time not knowing that it already had been tried.

The next time I heard about Asperger’s was from the case of John Odgren. He is the 15-year-old student from Lincoln-Sudbury Regional High School in Massachusetts who stabbed and killed another student by the name of James Alenson in a school bathroom. Alenson was stabbed in the heart and abdomen and slashed across his face and neck with a 13-inch kitchen carving knife. Odgren is alleged to have two obsessions, forensics and his knife collection. He had a penchant of bragging to classmates that he could pull off the perfect murder. After the murder took place Odgren ran into the school hallway and admitted what he had done to school officials and police. By all accounts he didn’t act like someone who had just committed a murder. Some reports say that he was joking with police and when Crime Scene Services arrived he excitedly offered to assist them. While the case has not yet gone to trial his defense attorney was quick to offer up Asperger’s as a defense to the media.

While blogging about the Lincoln-Sudbury murder I asked some blogging doctors I know what they thought about using Asperger’s as a medical defense. One medical doctor explained to me that Asperger’s patients can sometimes have explosive episodes and that AS patients can have a lack of impulse control. A surgeon told me that since the explosive outbursts are a part of the disease he doesn’t think the suspect should be sent to prison but should be under constant supervision and a controlled environment. I asked a PhD who has a son with autism what her opinion was but I’ll get into that a little later.

Both crimes that I’ve mentioned so far do not seem like explosive episodes. Freund had been threatening to go on a rampage for a while. In my opinion John Odgren had his crime planned out very far in advance as he had the day of the murder circled on his calendar.

Yesterday I read about the story of Robert Derderian. He’s an 18-year-old who is accused of sexually molesting a 12-year-old girl and videotaping what basically amounts to rape. He has also been charged with sexually assaulting a 10-year-old girl several times over the course of last summer. According to his defense attorney he may not be competent to stand trial because he has Asperger’s and autism and will not speak to his attorney. I find this claim hard to believe. One of the symptoms of autism and Asperger’s is for many sufferers is an extreme dislike of physical contact. That’s not to say that is the case for all AS and autism patients but it is rather prevalent among them.

My point is this. Any criminal defense attorney who has an iota of integrity should not use Asperger’s as a criminal defense. The PhD whose opinion I asked about this told me the following. Using autism/Asperger’s as a criminal defense is seen as having a very negative effect on the public perception and understanding of autism and Asperger’s as it suggests a direct link between autism/Asperger’s and violence.

If this becomes standard practice among defense attorneys it could lead to a sort of witch hunt against Asprerger’s patients. AS patients are probably having a hard enough time as it is without this kind of social condemnation. A few bad apples, so to speak, should not let society cast a bad light on a group of people who are already misunderstood.