Facing an extraordinarily troubling set of facts, a California appeals court decided to err on the side of an emotionally damaged killer whose life came spiraling down, culminating in a frenzied murder.

Richard Arce Herrera had been sexually abused regularly throughout his life. He grew up in a household where his strict, disciplinarian father would often hit him after periods of drinking. When Herrera was eight, he was sexually molested by his dance teacher. When he was fifteen, he was forced into sex by an older man he met on the school bus. Between episodes of depression, drugs and regrettable sexual encounters, he attempted suicide three times.

A Critical Issue of Mental State

The most material issue before the jury was Herrera’s mental state during the moments he killed his friend. The defense had wanted to present expert testimony as to Herrera’s mental state by doctors who assessed Herrera’s mental health but were parried by the prosecution who relied on California Penal Code’s sec 28 and 29 prohibitions on any expert testimony opinion as to whether or not a defendant did or did not have the requisite mens rea for a crime. The jury returned a guilty verdict for murder.

Appellate Reversal

But the appeals court reversed, finding that the trial court extended the reading of sec. 28 and 29 too far.

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