Guest guest Posted October 15, 2002 Report Share Posted October 15, 2002 http://www.courttv.com/trials/taped/brancaccio/background.html Fla. v. Brancaccio: Depression drug murder trial (Court TV) —Before he was released from a mental facility in May 1993, Victor Brancaccio allegedly begged his doctors not to release him. Suffering from depression, attention deficit disorder, alcoholism, and an assortment of other mental illnesses, Brancaccio had been placed on the antidepressant Zoloft. But according to Branaccio, the Zoloft was not helping him and causing changes in his personality. Hospital records showed that he became " very loud, " was showing " childlike behavior " and had become quick tempered. The following month the walking time bomb exploded. Victor Brancaccio allegedly killed a woman while on Zoloft. On June 11, 1993, Brancaccio had an argument with his mother over what they were having for dinner. To calm down, he grabbed his walkman and took a walk, a technique he had learned in the hospital to cope with his anger. Brancaccio also had a toy gun that resembled a .9 mm Beretta. As he began his walk, Brancaccio claims he was listening to Dr. Dre's " Stranded on Death Row " and began singing some of the song's lyrics aloud. Within a block of his house, Brancaccio encountered Mollie Mae Frazier. According to Brancaccio, the elderly woman asked him to stop rapping the vulgar lyrics aloud. Brancaccio told her to stop bothering him or he would hit her. However, she continued to lecture him and Brancaccio attacked her. Branaccio took Frazier to a secluded area behind a berm and started beating her. Frazier would ultimately die from the severe beating. Molly Mae Frazier was murdered after asking Victor Brancaccio to stop making noise in front of her house. At the end of the beating, a frightened Brancaccio ran home. He claims he initially considered telling his mother that he came upon the injured Frazier so that his mother could seek help for her. However, Brancaccio ultimately decided not to tell his mother about Frazier. Instead, when asked where he was for so long, Brancaccio told her that he went to Mc's. However, Branaccio did not lie to his friends. Around 9:00 p.m. that evening, he called his friend and told her he had just hit an old lady. She did not believe him. Later, picked up Brancaccio at his house and they went to see another friend, Stamatena " Tina " Panarites. There, Brancaccio told Tina how he had beat up an old lady. She, too, did not believe him. The next morning, Brancaccio saw an acquaintance, Angel Pellot, and allegedly told him about his encounter with Frazier. According to Pellot, Brancaccio boasted of the killing and showed him blood on his sneakers. That same morning, Brancaccio told Jack Zaccheo, one of his father's employees, that he killed someone the night before, but Zaccheo did not believe him. He even took Zaccheo to the crime scene but his friend did not see Frazier's body. However, Zaccheo grew more suspicious as Brancaccio began providing more details of the incident, Brancaccio, Zaccheo, and Zaccheo's girlfriend, Lynette Winchester, returned to the crime scene and this time Brancaccio revealed Frazier's body. Zaccheo allegedly asked Brancaccio whether he was concerned about police finding his fingerprints on the body, prompting him to return later that day and spray red paint on Frazier in an attempt to conceal the prints. Brancaccio would later attempt to burn the body. Two days later, Winchester took her brother Larry to see the body. Larry Winchester immediately called the police. The next day, police found Frazier. Although she died from blunt trauma to the head, Frazier's multiple injuries included at least four blows to the head, two black eyes, a broken nose, crushed chest, and defensive injuries to the upper extremities. She was also spray-painted red and burned in the pelvic area. At the crime scene, pieces of Brancaccio's toy gun were found under and around Frazier's body as well as under two feet of water in a nearby lake. On the morning of June 14, 1993, Brancaccio was a passenger in a pickup truck and was pulled over for questioning. A few hours after arriving in the police station, Brancaccio confessed to Frazier's murder on tape. Brancaccio was tried in the fall of 1995 for first degree murder and kidnapping with a weapon. His defense claimed that he was not responsible for Frazier's slaying because he suffered from involuntary intoxication caused by the side effects of his medication, Zoloft. Various experts testified that Zoloft made Brancaccio lose control of his actions and that the antidepressant had caused a change in the defendant's personality. The state argued there was no evidence of involuntary intoxication due to Zoloft because no evidence that Brancaccio even took his medication before the murder. While prosecutors conceded that Brancaccio suffers from depression but they argued that he was still able to form the intent to commit the crimes. Fla. v. Brancaccio: Depression drug murder trial The Verdict On Oct. 10, 1995, the jurors convicted Brancaccio of first degree felony murder and kidnapping. Although the State sought the death penalty, the jury recommended life without parole for 25 years. The judge later followed that recommendation but gave Brancaccio two life sentences. However, on appeal, Brancaccio's conviction was overturned and he was granted a new trial on the grounds that the court gave a flawed jury instruction on involuntary intoxication. The instruction the defense wanted was the following: " Involuntary intoxication relieves the criminality of an act committed under its influence. The test of involuntary intoxication is whether there was an absence of an exercise of an independent judgment and volition on the part of the accused in taking the intoxicant. " The instruction actually given by the trial judge was the standard insanity instruction: " An issue in this case is whether Victor Brancaccio was insane when the crime allegedly was committed. A person is considered to be insane when: 1) he had a mental infirmity, disease or defect; 2) because of his condition he did not know what he was doing or its consequences or although he knew what he was doing and its consequences, he did not know it was wrong. " Contact us ©2002 Courtroom Television Network LLC. . Terms & Privacy Guidelines " I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man. " Jefferson _________________________________________________________________ Send and receive Hotmail on your mobile device: http://mobile.msn.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 15, 2002 Report Share Posted October 15, 2002 http://www.courttv.com/trials/taped/brancaccio/background.html Fla. v. Brancaccio: Depression drug murder trial (Court TV) —Before he was released from a mental facility in May 1993, Victor Brancaccio allegedly begged his doctors not to release him. Suffering from depression, attention deficit disorder, alcoholism, and an assortment of other mental illnesses, Brancaccio had been placed on the antidepressant Zoloft. But according to Branaccio, the Zoloft was not helping him and causing changes in his personality. Hospital records showed that he became " very loud, " was showing " childlike behavior " and had become quick tempered. The following month the walking time bomb exploded. Victor Brancaccio allegedly killed a woman while on Zoloft. On June 11, 1993, Brancaccio had an argument with his mother over what they were having for dinner. To calm down, he grabbed his walkman and took a walk, a technique he had learned in the hospital to cope with his anger. Brancaccio also had a toy gun that resembled a .9 mm Beretta. As he began his walk, Brancaccio claims he was listening to Dr. Dre's " Stranded on Death Row " and began singing some of the song's lyrics aloud. Within a block of his house, Brancaccio encountered Mollie Mae Frazier. According to Brancaccio, the elderly woman asked him to stop rapping the vulgar lyrics aloud. Brancaccio told her to stop bothering him or he would hit her. However, she continued to lecture him and Brancaccio attacked her. Branaccio took Frazier to a secluded area behind a berm and started beating her. Frazier would ultimately die from the severe beating. Molly Mae Frazier was murdered after asking Victor Brancaccio to stop making noise in front of her house. At the end of the beating, a frightened Brancaccio ran home. He claims he initially considered telling his mother that he came upon the injured Frazier so that his mother could seek help for her. However, Brancaccio ultimately decided not to tell his mother about Frazier. Instead, when asked where he was for so long, Brancaccio told her that he went to Mc's. However, Branaccio did not lie to his friends. Around 9:00 p.m. that evening, he called his friend and told her he had just hit an old lady. She did not believe him. Later, picked up Brancaccio at his house and they went to see another friend, Stamatena " Tina " Panarites. There, Brancaccio told Tina how he had beat up an old lady. She, too, did not believe him. The next morning, Brancaccio saw an acquaintance, Angel Pellot, and allegedly told him about his encounter with Frazier. According to Pellot, Brancaccio boasted of the killing and showed him blood on his sneakers. That same morning, Brancaccio told Jack Zaccheo, one of his father's employees, that he killed someone the night before, but Zaccheo did not believe him. He even took Zaccheo to the crime scene but his friend did not see Frazier's body. However, Zaccheo grew more suspicious as Brancaccio began providing more details of the incident, Brancaccio, Zaccheo, and Zaccheo's girlfriend, Lynette Winchester, returned to the crime scene and this time Brancaccio revealed Frazier's body. Zaccheo allegedly asked Brancaccio whether he was concerned about police finding his fingerprints on the body, prompting him to return later that day and spray red paint on Frazier in an attempt to conceal the prints. Brancaccio would later attempt to burn the body. Two days later, Winchester took her brother Larry to see the body. Larry Winchester immediately called the police. The next day, police found Frazier. Although she died from blunt trauma to the head, Frazier's multiple injuries included at least four blows to the head, two black eyes, a broken nose, crushed chest, and defensive injuries to the upper extremities. She was also spray-painted red and burned in the pelvic area. At the crime scene, pieces of Brancaccio's toy gun were found under and around Frazier's body as well as under two feet of water in a nearby lake. On the morning of June 14, 1993, Brancaccio was a passenger in a pickup truck and was pulled over for questioning. A few hours after arriving in the police station, Brancaccio confessed to Frazier's murder on tape. Brancaccio was tried in the fall of 1995 for first degree murder and kidnapping with a weapon. His defense claimed that he was not responsible for Frazier's slaying because he suffered from involuntary intoxication caused by the side effects of his medication, Zoloft. Various experts testified that Zoloft made Brancaccio lose control of his actions and that the antidepressant had caused a change in the defendant's personality. The state argued there was no evidence of involuntary intoxication due to Zoloft because no evidence that Brancaccio even took his medication before the murder. While prosecutors conceded that Brancaccio suffers from depression but they argued that he was still able to form the intent to commit the crimes. Fla. v. Brancaccio: Depression drug murder trial The Verdict On Oct. 10, 1995, the jurors convicted Brancaccio of first degree felony murder and kidnapping. Although the State sought the death penalty, the jury recommended life without parole for 25 years. The judge later followed that recommendation but gave Brancaccio two life sentences. However, on appeal, Brancaccio's conviction was overturned and he was granted a new trial on the grounds that the court gave a flawed jury instruction on involuntary intoxication. The instruction the defense wanted was the following: " Involuntary intoxication relieves the criminality of an act committed under its influence. The test of involuntary intoxication is whether there was an absence of an exercise of an independent judgment and volition on the part of the accused in taking the intoxicant. " The instruction actually given by the trial judge was the standard insanity instruction: " An issue in this case is whether Victor Brancaccio was insane when the crime allegedly was committed. A person is considered to be insane when: 1) he had a mental infirmity, disease or defect; 2) because of his condition he did not know what he was doing or its consequences or although he knew what he was doing and its consequences, he did not know it was wrong. " Contact us ©2002 Courtroom Television Network LLC. . Terms & Privacy Guidelines " I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man. " Jefferson _________________________________________________________________ Send and receive Hotmail on your mobile device: http://mobile.msn.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 15, 2002 Report Share Posted October 15, 2002 amazing... involuntary intoxication due to Zoloft... > The state argued there was no evidence of involuntary intoxication due to Zoloft because no evidence that Brancaccio even took his medication before the murder. While prosecutors conceded that Brancaccio suffers from depression but they argued that he was still able to form the intent to > commit the crimes. > > Fla. v. Brancaccio: Depression drug murder trial > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 15, 2002 Report Share Posted October 15, 2002 amazing... involuntary intoxication due to Zoloft... > The state argued there was no evidence of involuntary intoxication due to Zoloft because no evidence that Brancaccio even took his medication before the murder. While prosecutors conceded that Brancaccio suffers from depression but they argued that he was still able to form the intent to > commit the crimes. > > Fla. v. Brancaccio: Depression drug murder trial > Quote Link to comment Share on other sites More sharing options...
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