Skyler M. HartungSAGINAW, MI — A 20-year-old now awaiting a jury's decision on charges that he sexually assaulted three of his young relatives is "a child in a man's body," his attorney said today.
Saginaw attorney James F. Piazza, delivering his closing argument this morning in Skyler M. Hartung's trial, told a jury that Hartung is legally insane and should be found not guilty as a result.
While Saginaw County Assistant Prosecutor Jennifer Barnes told the jury that she agrees that Hartung is “mildly mentally retarded,” she argued that he did not lack the capacity to determine what he is alleged to have done was wrong or to conform his actions to meet the standards of the law.
Hartung is charged with six counts of first-degree and one count of second-degree criminal sexual conduct against someone under the age of 13. His trial before Saginaw County Chief Circuit Judge Robert L. Kaczmarek began May 10 and wrapped up today with closing arguments.
The jury began deliberating after 12:30 p.m. If convicted of first-degree criminal sexual conduct, which involves penetration, Hartung would face up to life in prison.
Dr. Donna Kelland-Rinnas, who works at the Center for Forensic Psychiatry in Ypsilanti, where all defendants who request psychiatric exams are sent, testified that she determined that Hartung is mentally retarded but not legally insane. Dr. Jeffrey Wendt, who at one point worked at the forensic center, conducted an independent psychiatric exam and testified on Hartung's behalf that he determined that he is legally insane.
Barnes argued to the jury that Hartung's defense amounted to, “I didn't do it, but if I did, I'm legally insane.” She urged the jury, “don't fall for it.”
“This kid couldn't stop preying on children,” Barnes said. “I'm asking you to stop that.”
Barnes said that the alleged victims — two girls, then ages 5 and 10, and one boy, then age 11 — testified that Hartung sexually assaulted them between late 2005 and 2009. The girls testified that the assaults happened at a home in Jonesfield Township, while the boy said he was assaulted in Saginaw Township.
Barnes said that Hartung assaulted the younger girl twice during a game of hide and seek.
“Skyler has used a game, a children's game, to separate her from the people who could protect her,” Barnes said.
Barnes said that Hartung first assaulted the older girl, but that he began when he was younger than 13. Hartung only is on trial for crimes alleged to have occurred when he was 14 or older. Barnes argued that when Hartung assaulted the older girl and realized he could get away with it when she didn't tell anybody, that he could do it to the younger girl.
Barnes said the alleged boy victim “had a lot of trouble talking” before the jury but testified that he wanted Hartung to stop sexually assaulting him and that Hartung didn't stop.
Piazza, who said the case was “heart wrenching” for all sides, argued that Hartung is legally insane but urged the jury, “Just don't gloss over” the actual accusations. Piazza poked holes in the alleged victims' testimony as well as the testimony of two other younger children who saw things that circumstantially supported the alleged victims' testimony.
While Barnes argued that Hartung's confession to Saginaw County Sheriff's Detective David Kerns — in which he at first denies the allegations, admits to some, admits to all of them, and then says the victims “asked for it,” in Barnes words — shows his “abilities,” Piazza said the interview was irrelevant because it happened about 18 months after the last alleged assault occurred.
The burden of proof for legal insanity is on the defense, but the burden is different, Piazza told the jury. Whereas Barnes has to prove her case “beyond a reasonable doubt,” Piazza only has to prove his defense “by a preponderance of the evidence” — a burden “ever so slightly” above “50/50,” Piazza said.
To prove the defense, Piazza had to show one of two things: that Hartung did not lack the capacity to determine what he is alleged to have done was wrong or to conform his actions to meet the standards of the law.
Piazza said Hartung's IQ is 65 — as determined by Wendt, the independent psychiatrist, and not by Kelland-Rinnas, who did not conduct an IQ test — and that he “operates at a second- or third-grade level.” Piazza said Hartung had difficultly in school counting change to pay for food.
“The government is prosecuting a mentally retarded kid for something that may or may not have happened,” he said.
Barnes reminded the jury that Wendt testified that Hartung's mental retardation “impaired” his decision-making ability. She argued that Hartung only would be legally insane if he “lacked” such an ability.
“This is not legal insanity,” she said. “It's calculated.”
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