Jul 3, 2006 8:17 pm US/Eastern
Court: Man Not Ready For Release After Stabbing
PHILADELPHIA (AP) ―
A man acquitted by reason of insanity in the stabbing of a woman in a New Jersey post office should not be released without court supervision, a federal appeals court ruled Monday.
The ruling upholds a district court order denying Anthony Stewart's release to a cousin's care more than seven years after the stabbing.
Stewart, 44, appealed under a statute that allows only for his unconditional release or his continued custody, the 3rd U.S. Circuit Court of Appeals said. The appeals court agreed that while Stewart's mental health has improved with medication and therapy, there was no guarantee that he would remain compliant without court supervision.
Authorities said Stewart walked into a post office in Harrison, N.J., on April 29, 1999, and stabbed customer Elizabeth Higgins with a pocketknife, leaving a 10-centimeter gash in the back of her head. He then calmly walked out but was apprehended later that day.
Stewart's history includes hospitalizations for schizophrenia and an escalating criminal record since his 20s, the ruling said.
Under federal law, people found not guilty of a violent crime by reason of insanity are sent to a psychiatric facility until they demonstrate that they are not a substantial threat to the community, the ruling said. The facility director must review each person's case annually.
Assistant U.S. Attorney George S. Leone declined comment Monday, saying he had not yet seen the ruling. Assistant federal public defender Andrea D. Bergman did not immediately return messages seeking comment.
Stewart has since appealed under a separate law that would allow a judge to set conditions for his release. He has been treated at a federal medical prison in Devens, Mass.
(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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