Jump to content
RemedySpot.com

Zoloft murder

Rate this topic


Guest guest

Recommended Posts

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

Link to comment
Share on other sites

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

Link to comment
Share on other sites

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

>  

Link to comment
Share on other sites

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

>  

Link to comment
Share on other sites

Join the conversation

You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...