Mother can't be charged in slaying of second child
Simultaneous deaths prevent new trial; DA wants new insanity law
11:03 PM CST on Friday, November 10, 2006
By TIARA M. ELLIS and MIKE JACKSON / The Dallas Morning News
Prosecutors can't seek a new trial against a Plano homemaker who drowned her two daughters and was released from a mental hospital after two years.
Lisa Ann Diaz Lisa Ann Diaz, 36, was released from Big Spring State Hospital in West Texas on Friday. She was sent there in 2004 after a jury found her not guilty by reason of insanity in the killing of her daughter Briana, 5.
The Collin County district attorney's office didn't present a second murder case for the other child, Kamryn, 3. Prosecutors commonly reserve a charge in multiple deaths in case they want to pursue a new trial.
But that option is not available, said Collin County District Attorney John Roach, because Kamryn's death occurred at the same time as Briana's and a jury has already found Ms. Diaz not guilty by reason of insanity.
None of the jurors could be reached Friday because their names are sealed in court records.
Kamryn Diaz "The jury has made an affirmative finding of insanity," Mr. Roach said. "That is an operative fact that we can't get around. Since both murders took place at the same time during the same episode, we cannot prosecute her again."
He said his office was shocked to learn that Ms. Diaz was being released so soon. She has been ordered to meet daily with a caseworker.
This case, he said, is a prime example of the insanity defense allowing a murderer to go free.
Mr. Roach said he plans to meet with other North Texas prosecutors next week to discuss changing the insanity defense system.
"I, for one, will certainly urge the Legislature to change the law so that people who intentionally kill are not allowed to go free in our communities," he said.
Mr. Roach suggests that a jury be allowed to find a defendant guilty but insane, a verdict that would send the person to a prison hospital for treatment. Once it is determined that the person is no longer mentally ill, he or she would then be admitted into the general prison population, he said.
Ms. Diaz's attorney Robert Udashen said the system works as it is and his client's case was handled correctly.
While in the hospital, Ms. Diaz was found to have schizophrenia.
Briana Diaz She now lives with her mother. At least once a month, she will see a psychiatrist, who will monitor her medication and blood testing "to make sure she is taking her medication," Mr. Udashen said.
Adapt of Texas, a company that provides services to mentally ill people, will administer her care. Administrators there did not return phone calls Friday.
State District Judge Mark Rusch, who signed the order releasing Ms. Diaz, will re-evaluate the treatment plan regularly.
"There's a whole team that will work with Lisa," Mr. Udashen said. "This has all been ordered by the court. So it's a real intensive outpatient treatment."
Learning to cope
Dr. Joel Feiner, a psychiatrist who teaches at UT Southwestern Medical Center, said Ms. Diaz will need regular doses of anti-psychotic medication and the help of a team of therapists to help her reacclimate herself to society.
"Simply keeping her out of the hospital is not sufficient," Dr. Feiner said.
Therapists should monitor Ms. Diaz's condition, Dr. Feiner said. They should also teach her about schizophrenia to help her cope with it. They should teach her to live normally, such as how to keep a budget and make friends.
"Provide her with constructive activity during the day so she's not on the couch channel surfing," he said.
Ms. Diaz's family has strongly supported her, Mr. Udashen said, adding that they are part of the reason she was released this soon. Members of her family could not be reached for comment. Her husband, Angel Diaz, has divorced her. But he continues to be supportive, Mr. Udashen said.
"I suppose if you don't like the results, you could always question if the judge is doing the right thing or if
will monitor her properly," Mr. Udashen said. "At some point, you have to trust the legal system, trust that the jury made the right choice, trust that if does something wrong, report it back to the court."
Mr. Roach agrees that the monitoring can work when everyone is doing his or her job.
"The whole system is based on trust; trust that will do what they say they will do in a professional capacity," he said.
Faults in the system
One highly publicized case raised questions about the monitoring system.
Kenneth Pierott of Beaumont, who was found to have schizophrenia and paranoia, bludgeoned his sister to death in 1996. He was found not guilty by reason of insanity and hospitalized for less than four months.
Seven years later, he suffocated his girlfriend's 6-year-old son with a pillow. The boy's body was found in the couple's oven. Mr. Pierott was convicted and sentenced to 60 years in prison.
At the time, his attorney, Raquel Galle, said state officials failed to adequately supervise Mr. Pierott and pointed out the breakdowns in the system.
Mr. Pierott was ordered to continue his treatment with the county's mental health authority, which he did for some time. Eventually, he was referred to a private psychiatrist but never sought one out.
E-mail tellis@dallasnews.com and mjackson@dallasnews.com
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