State v. Fetters

562 N.W.2d 770 (1997)

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Nature of the Case

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Facts

Fetters (D) was a resident of Orchard Place, a facility for psychological and emotional treatment of children. While there, D began planning to run away and in order to do so would kill Arlene Klehm, take her truck and money. D hatched this plot with a Tisha Versendaal. Tisha testified that D planned to kill Klehm by stabbing her and cutting her throat while Klehm was sitting in a chair. D then packed a bag with her suitemate, Jeanie Fox, and told Fox that she planned to kill her aunt. At trial testimony was entered by others present on that day that D seemed to know what she was doing and that when joined in conversation, she appeared to understand what she was doing. The two girls made their way to a home of a friend of D and obtained a small paring knife. D even joked about killing Klehm before leaving that home. The two were then dropped off near Klehm's home and concealed themselves outside the house near a fence and waited for a van parked in front to leave. D repeated her plan to kill and explained that Satan had given her the power to do so. The van left, and they entered the home as Klehm let them in. D pulled Fox into a side room and again informed her that she was going to kill her aunt. D then returned to the room Klehm was in and struck her on the head with a kettle, struck her again as she got up to find out what was happening. D then got on top of Klehm and attempted to slit her throat with the paring knife that Fox gave her. D then got a bigger knife and stabbed Klehm in the back. Klehm pleaded for help from Fox and even attempted to reach the phone, but D removed the phone from the hook. After the attack, D then removed her bloody clothing and attempted to rob the premises but failed to locate the keys to the truck or the safe, so D and Fox left the scene. D thought she heard sirens and they both started running and pounding on neighborhood doors until they found someone to call the police. When the police arrived, D confessed and cried. The State presented evidence that D was fully capable of understanding the nature and quality of her acts and was fully capable of distinguishing right from wrong and there was no evidence of any diagnosable psychiatric disorder but that she did suffer from a personality disorder. The precise planning and deception in the execution of her plan and statements made after the killing reflected that she knew what she had done. D presented evidence that she was in a psychotic state and that the Prozac prescribed to D and her treatment at Orchard Place may have had a toxic effect on her. D's expert also pointed out that her ability to function seemingly normal just prior to the killing and to understand the nature of her act just afterward did not alter his opinion that D experienced an 'affective storm' which totally overwhelmed all other operations of her brain leaving her in a limbic psychotic state before murdering Klehm. Fox also testified that D was repeating the word 'Anthony' while killing Klehm and that shortly thereafter D was experiencing hallucinations. The Prosecution expert expressed skepticism as well as two other professionals that D was experiencing hallucinations. D was found guilty. D appealed on the sufficiency of the evidence and the failure to include her proposed jury instruction to inform the jury of her insanity or diminished capacity defense.