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“I have examples of horrific cases where people
committed horrific crimes, but once medicated they were perfectly
fine and safe to be in society,” Drake said. “I think it’s
absolutely appropriate for mental health professionals to be the
ones taking responsibility for those decisions.
Months before he allegedly killed a family friend in Harford
County, eating his heart and parts of his brain, Alexander Kinyua
was suffering from paranoid schizophrenia and believed reptilian
aliens were coming to destroy Earth, a judge said Wednesday.
The revelations about the slow but steady deterioration of
Kinyua's mind came as Baltimore Circuit Judge Gale E. Rasin
accepted his plea of guilty but not criminally responsible on
separate allegations that he attacked a fellow Morgan State
University student with a baseball bat wrapped in barbed wire.
Kinyua had been detained in a state treatment center for
months. At the hearing, he entered his own plea and apologized for
the May beating that left Joshua Ceasar legally blind.
"My deepest apology and sympathies will not be able to cover up
what happened," said Kinyua, 22.
By accepting Kinyua's guilty plea to attempted first-degree
murder along with the clinical assessment that he didn't
comprehend what he was doing when he attacked Ceasar, Rasin
committed him indefinitely to a psychiatric hospital. A team of
doctors and an administrative law judge would have to agree to his
release.
"The evidence is overwhelming that Mr. Kinyua was suffering
from a mental illness at the time of the offense," Rasin said.
Harford County prosecutors say they will now push forward with
a charge of first-degree murder that had been delayed by
competency questions. Kinyua is accused of dismembering Kujoe
Bonsafo Agyei-Kodie, a 37-year-old Ghanaian national staying in
Kinyua's family home, just days after he was released on bail in
Ceasar's attack.
Explaining her decision to Ceasar, Rasin offered the most
detail made public to date about Kinyua's mental illness. She also
said Kinyua had sought student counseling at Morgan State after
exhibiting episodes of bizarre and violent behavior, meeting with
a counselor for an hour but leaving without any follow-up or
recommendations.
Rasin said she couldn't predict whether Kinyua would ever be
released from medical treatment, but the possibility disturbed
Ceasar.
"I don't agree with the court system that he has a chance to be
let go," Ceasar, 22, said through tears and thick, black-rimmed
glasses. "He shouldn't see the light of day."
Still, he said, he forgave Kinyua.
When it was his turn to speak, Kinyua, who takes two
psychotropic drugs, rose to his shackled feet.
"I don't forgive myself," he said.
Until 2011, Kinyua, an electrical engineering student and son
of a Morgan State physics professor, was an ordinary student.
Reading from a 23-page psychiatric report that included
educational records, mental evaluations and witness statements,
Rasin said Kinyua began hallucinating and eventually created a
delusional universe.
He believed he was a prophet with secret powers. He wrote a
manuscript about the history of mankind. He talked about a
"Reptilian agenda" from outer space. His stories featured African
slaves and the Bermuda Triangle, Rasin said.
Kinyua stopped going to school and church, developed his own
spiritual beliefs and started spending time as a spiritual medium.
He said he was a shaman. He burned incense and brought home animal
parts — once a dead fox — that he told his father and others he
used in religious exercises.
Deeply affected by the 1998 Kenyan embassy bombing, 9/11 and
Hurricane Katrina, he worried whether his family had an escape
plan. Kinyua began stashing extra food at home. His mother
eventually got hold of his manuscript and found it to be
"gibberish," Rasin said. He became quiet and secretive.
In December 2011, released from ROTC, he believed people had
sabotaged his computer records and had conspired to get him drunk,
causing him to miss a football game. He punched holes in an office
wall, prompting an ROTC official to call him a "Virginia Tech
waiting to happen."
In January, his mother urged him to seek counseling for anger
management problems, Rasin said. Kinyua saw someone in student
counseling who the judge said didn't follow up.
Morgan State spokesman Clinton Coleman said information about
the meeting would be considered private student records.
"Whether or not there's a follow-up or a referral depends a
great deal on what they find in the evaluation," he said. "But in
the particular case of Mr. Kinyua, I'm not able to comment on
that."
Steve Silverman, an attorney for Ceasar, said Wednesday that he
plans to explore the circumstances of the meeting in more detail.
"The school had a number of telltale signs," Silverman said.
In hindsight, Ceasar said he recognizes that Kinyua displayed
troubling changes in behavior. When women met Kinyua, they found
him strange.
"Why are you friends with him?" Ceasar recalled them saying.
"He's a creeper."
But Ceasar said he never judged Kinyua and found him smart —
able to find parts at Home Depot for inventions Ceasar only
thought of in concept. They played PlayStation together. Did
push-ups together.
But then Ceasar noticed Kinyua kept a variety of weapons that
included a machete and brass knuckles, authorities said. Ceasar
said he watched Kinyua get a tattoo of a "portal" on top of his
bald head.
On May 19, Rasin said, Kinyua took a nap and heard voices
telling him Ceasar was a police snitch who was going to give him
up on made-up charges. When Kinyua awoke, he waited for Ceasar
inside his campus apartment. When Ceasar arrived, Kinyua surprised
him. Caesar said the attack left him with cognitive issues and
traumatic optic neuropathy caused by barbed wire striking a nerve.
Kinyua had believed Ceasar was involved in "domestic
terrorism," Rasin said.
While Kinyua was on bail after arrest, Harford County
authorities said, he killed and dismembered Agyei-Kodie in
Kinyua's family home in late May or early June.
Because Kinyua's acceptance of the plea on Wednesday required
that he be found competent to participate in court proceedings,
delayed hearings in the Harford County case will likely proceed in
January, Harford County State's Attorney Joseph I. Cassilly told
The Baltimore Sun.
Cassilly said his office is paying a private psychiatrist to
review the findings of the state's psychiatrists, because he
questions whether Kinyua lacked criminal responsibility at the
time he allegedly murdered Agyei-Kodie.
Cassilly said he wonders why Kinyua would dispose of parts of
Agyei-Kodie in a dumpster, as he is alleged to have done, if he
didn't understand his actions at the time.
"That somebody would take the time to dispose of the body?"
Cassilly said. "Where does that act fit in terms of not being
criminally responsible?"
A finding that Kinyua was not criminally responsible in the
Harford case could open the door for a potential release back into
the community — an outcome Cassilly said he is strongly against.
Byron Warnken, a criminal law professor at the University of
Baltimore School of Law, said it is unlikely that a private mental
health evaluation will reach a different conclusion.
"Another psychiatrist isn't just going to say, 'OK, fine, if
you want him to be [criminally responsible], we'll go that way,'"
Warnken said. "I assume that a psychiatrist is going to have
enough professional integrity that they're not going to do that."
After Kinyua was admitted in June to the Clifford T. Perkins
state psychiatric hospital, medical staff recorded him putting
buttons in his mouth and claiming he was being fed rotten meat,
Rasin said. He believed the police were tapping his phones and
talked about inventions he was making.
Alexander Kinyua, the college student accused of killing a
family friend and ingesting his heart and brain, has been declared
incompetent to stand trial, according to court records.
Harford County State's Attorney Joseph I. Cassilly said in an
Aug. 13 letter that prosecutors had reviewed a report from Clifton
T. Perkins Hospital, the state's maximum-security psychiatric
hospital, and agreed to the designation without a court hearing on
the matter.
Kinyua, 21, has pleaded not criminally responsible on charges
of first-degree murder and use of a dangerous weapon in connection
with the May killing of Kujoe Bonsafo Agyei-Kodie, a Ghanaian
national who had been staying with his family in their Joppatowne
home.
Police said Kinyua told investigators that he killed
Agyei-Kodie and ate his heart and part of his brain. Some of his
remains were found in tins in the home, police said.
The finding that Kinyua is not competent to stand trial means
the court has decided that he cannot contribute to his defense,
and will be treated at Perkins. If he is found competent, the
court would consider his plea that he is not criminally
responsible, Maryland's equivalent of an insanity plea.
Donald Daneman, Kinyua's attorney, has not responded to
requests for interviews since the arrest and an employee who
answered the phone at his law office Thursday said he would not
comment.
Dr. David Helsel, Perkins' superintendent, could not comment on
specifics of Kinyua's treatment. But he said that a large majority
of patients — particularly those with a psychiatric disorder
rather than an intellectual disability — eventually receive
treatment that allows them to face trial.
"In some instances it's simply a knowledge deficit about how
court works," Helsel said. "More commonly, the issue is that the
persons may be having difficult with distinguishing fantasy from
reality, or may have delusional thoughts about what the judge's
role is or who the judge is. We treat the underlying illness that
is causing them to have distorted beliefs."
Helsel said that is generally accomplished through medication
and various forms of therapy such as psychotherapy, group
therapyor family therapy.
He pointed to the case of Jared Lee Loughner, the Arizona man
charged in the shooting that injured U.S. Rep. Gabrielle Giffords.
Arrested in January 2011, he was found incompetent to stand trial
in May 2011, and a judge ruled he could be forcibly medicated with
antipsychotic drugs. More than a year later, in August of this
year, he was deemed competent to stand trial and pleaded guilty to
19 counts.
Cassilly said he had no reason to dispute the findings of
Perkins staff and will continue to await word on Kinyua's mental
state.
He said he has challenged such findings in the past, such as
the case of child murderer Jamaal K. Abeokuto, who prosecutors
believed was "faking" his mental illness after being accused of
killing his girlfriend's young daughter. He was found competent to
stand trial, and received the death penalty. The verdict was later
reversed by the Court of Appeals, and Abeokuto was sentenced to
life without parole.
Kinyua has been at Perkins since June 20 after being moved
there from the Harford County Detention Center.
Perkins functions as a hospital but has the security features
of a prison. Some lower-risk patients share rooms, while those
believed to be the most dangerous have private bedrooms and may be
assigned a staff person to watch them around the clock, Helsel
said.
The private bedrooms are about 10 feet by 10 feet, with a
window, a bed and a dresser, he said. Some have bathrooms.
Patients are able to unlock their doors to move from their room to
a day room, the gym, or therapy areas.
Kinyua, an electrical engineering major at Morgan State
University, had been displaying erratic behavior in the months
leading up to the killing, according to classmates and police
reports.
In May, he was charged with attacking a fellow student with a
baseball bat wrapped in barbed wire. In January, he stood up at a
university forum and made a reference to "blood sacrifices," and
in December, he was accused of punching a hole in the wall of a
computer lab.
An ROTC instructor described Kinyua as a "Virginia Tech waiting
to happen" in a university police report about the computer lab
incident. But throughout the incidents, officials did not seek a
mental evaluation. No charges were filed in the computer lab
incident.
Kinyua is facing attempted murder charges in Baltimore Circuit
Court in connection with the baseball bat incident. He is
scheduled for an Aug. 30 arraignment in that case.