Judge hears testimony from experts

Lucci to weigh on not guilty by reason of insanity motion for man accused of intentionally causing a fatal crash

In the coming weeks Lake County Common Pleas Court Judge Eugene A. Lucci will determine whether a plea of not guilty by reason of insanity will be heard before a jury in the case of a Cleveland man accused of intentionally causing a fatal crash.

Michael B. Davis was driving westbound on Route 6 in Willoughby Hills July 4, 2017, when he allegedly went left of center for unknown reasons, striking a car driven by 26-yearold Gregory Morawski, according to Willoughby Hills police. Morawski’s car was pushed off the road, and he was pronounced dead at the scene.

Davis and Morawski’s 26-year-old passenger were transported to Hillcrest Hospital in Mayfield Heights.

The defendant was indicted last year on three counts of murder, one count of attempted murder and four counts of felonious assault.

In early February, Davis’ attorneys filed a motion asking Lucci to permit a plea of not guilty by reason on insanity.

In the motion filed with the court, the defense attorneys wrote that they’ve “consistently encountered challenges in communicating” with Davis since the beginning of the case.

Attorneys Richard J. Perez and Ian N. Friedman wrote that communication with the defendant has “deteriorated to the point where counsel relies on his parents to exchange and receive information.”

“This decline is plainly due to Mr. Davis’ mental health and not from any lack of effort by counsel.”

Lucci heard from two of the defense’s experts at a March 12 hearing and is expected to hear from the third in the coming weeks.

The purpose of the hearings is to determine whether the experts are using the appropriate standard for not guilty for reason of insanity by Ohio law.

To be found not guilty by reason of insanity, the defense must prove to a jury that “at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person’s acts,” according to Ohio law.

Prosecutors are arguing that the defense’s experts are basing their determinations on a former standard of irresistible impulse or an impairment. If they are basing their decision on either of those then it’s not proper to go in front of a jury on a not guilty by reason of insanity, Lucci said.

“I’m not weighing their credibility, I’m taking them at their word, but I’ve got to make a determination whether they rise to the level sufficient to actually present that to a jury,” Lucci said.

Davis was allegedly having auditory hallucinations before the crash. He also allegedly took 15 or more pills of Seroquel, an antipsychotic drug, some time before the crash.

The defense’s experts were Houston, Texas-based psychiatrist and addictionologist Dr. George Glass as well as Dr. Daniel Bluffington, a Tampa, Floridabased pharmacologist.

Prior to their testimonies, court psychologist Jeffrey Rindsberg was called to the stand by the prosecution, despite some protestations from Perez, who argued that his testimony is not relevant to the hearing.

Lucci could hear from the defense’s third expert as early as March 18.

A trial in the case is schedule to begin April 15.

Davis