GALVESTON — A man charged with burning his infant daughter in a microwave oven will seek to plead not guilty by reason of insanity.
Sam Cammack III, attorney for Joshua Mauldin, has filed notice of intent to plead insanity.
Under state law, a person can be found not guilty by reason of insanity if a jury finds the defendant did not know that his or her actions were wrong. It is a defense that worked in the cases of Andrea Yates and Deanna Laney, two Texas women who killed their own children.
Mauldin, a 20-year-old Arkansas resident, is accused of burning his 2-month-old daughter in a hotel-room microwave oven, critically injuring the child, in May.
Mauldin later told police he and his family had just arrived in Galveston, where he had hoped to enter the ministry. Left alone with the infant, he reportedly punched the child, placed her into the hotel-room safe and then into the refrigerator before putting the baby in the microwave for at least 10 to 20 seconds.
Under Cammack’s motion to have Mauldin examined, Dr. Michael Fuller, a professor of psychiatry at the University of Texas Medical Branch, would evaluate Mauldin. Fuller would act as an independent examiner. If Fuller finds Mauldin was legally insane at the time of the child’s injuries, prosecutors could opt to appoint their own psychiatrist to examine him.
A finding by Fuller that Mauldin was not insane does not bar the defense from continuing to seek that defense. The jury in Mauldin’s trial, which is set for March, would ultimately determine whether to exonerate Mauldin on insanity grounds.
The girl has been recovering from her injuries and is living with relatives. Mauldin and his wife, Eva Mauldin, are barred from contacting them.
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