Annette Rose Blayk - "A M'Naghten Case Study" (and PEN 40.15)


NY Penal Code §40.15 sets forth the standards applying to the
"insanity plea" in New York State
(which employ the M'Naghten Rule)
and NY CPL §330.10, and holds that
a successful plea raised as a defense
results in an acquittal, not a conviction.


N.Y. PENAL LAW §40.15 

            NY Penal Code - Section 40.15: Mental disease or defect

  In  any  prosecution for an offense, it is an affirmative defense that
  when the defendant engaged in the proscribed conduct, he lacked criminal
  responsibility by reason of mental  disease  or  defect.  Such  lack  of
  criminal  responsibility  means  that  at the time of such conduct, as a
  result of mental disease or defect, he lacked  substantial  capacity  to
  know or appreciate either:
       1. The nature and consequences of such conduct; or
       2. That such conduct was wrong.1

Note: On the 25th of July, 1997, I agreed to pay for the damages caused by the act of arson which I committed on 2/6/97 while suffering from delusions and auditory hallucinations, and confronted with bizarre circumstances which led me to believe that this was the only way to respond to a threat to use a biological warfare agent (based on anthrax) against the general population as a weapon of mass destruction.

Why was I aware of this threat at that time?2
Before 2001, when everyone became aware of it?
Here's a listing of a portion of my personal library:
Personal Library Holdings on War and Espionage - 3/20/97

The mobile home which was destroyed by the fire had a value of $14,500; the possessions in the trailer and the car parked next to it (hence, "Two Counts Arson" were charged) were claimed to have a value of $75,000, which claim I did not care to contest.

— Annette Rose Blayk, COMETMONGER

(F/K/A "Kevin Eric Saunders a/k/a bonze blayk")

N.Y. CPL §330.10 

                  NY Criminal Procedure Law - Section 330.10: 

      Disposition of defendant after verdict of acquittal

1.    Upon a verdict of complete acquittal, the court must immediately
      discharge the defendant if he is in the custody of the sheriff,  or,  if
      he is at liberty on bail, it must exonerate the bail.
2.    Upon a verdict of not responsible by reason of mental disease or
      defect, the provisions of section 330.20 of this  chapter  shall  govern
      all subsequent proceedings against the defendant.

acquittal (noun): a judgment that a person is not guilty of the crime with which the person has been charged.



1. Under the law in New York State, the judge in a case where the sanity of the offender is brought into question is obliged to include this statement as part of the instructions to the jury:

"… with respect to the term 'wrong', a person lacks substantial capacity to know or appreciate that conduct is wrong if that person, as a result of mental disease or defect, lacked substantial capacity to know or appreciate either that the conduct was against the law or that it was against commonly held moral principles, or both."

2. I finally came across the source of my acute awareness of the extent of the threat involved from anthrax, which I read sometime back in the 1980's... in my "Aphorisms" file!

"Judged by today's standards, anthrax is a crude weapon. It not only destroys populations wholesale, it renders the cities in which they live uninhabitable for generations. The conquerors would inherit little more than a poisoned desert. According to the Director of Porton Down [the UK's research center for biological warfare], speaking in 1981, if anthrax had been used against Berlin in the war, the city would still be contaminated today."

A HIGHER FORM OF KILLING, The Secret Story of Chemical and Biological Warfare. Robert Harris and Jeremy Paxman. (1st pub 1982)

… I read it after checking it out of our local library sometime back in the 80's.

Some might question whether my repeated statements affirming that the source of my terror was caused not merely by the impact of the hallucinogen mCPP (as a byproduct of Trazodone) on my state of mind, but also by the appearance of a number of references to anthrax in the text of Thomas Harris' novel "Silence of the Lambs." Truth is, my disquiet set in powerfully on reading the quotation from John Donne's poem "A Feaver" very early in the book, since it prompted me to think of the possibility that Hannibal Lecter had poisoned Jack Crawford's wife? 

                              O wranging schools
                              That search what fire
                              Shall end the world
                              Had none the wit?
                              Unto this knowledge to aspire,
                              That this, her fever, might be it. 
 
                                  - So sorry about Bella, Jack - Hannibal Lecter

And thereafter… these, as displayed in a search performed within Adobe Acrobat:


"Plum Island" is ANTHRAX ISLAND


Annette Rose Blayk, COMETMONGERk



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