Defense May Seek Second Opinion
Discussion over the sanity of Steven Kurzinger, accused of fatally shooting his former spouse outside her Chardon residence last year, continued in the Geauga County Court of Common Pleas March 30.
Discussion over the sanity of Steven Kurzinger, accused of fatally shooting his former spouse outside her Chardon residence last year, continued in the Geauga County Court of Common Pleas March 30.
While a recent court-ordered sanity evaluation found Kurzinger was not suffering from severe mental disease or defect at the time of the offense, his attorney may seek a second opinion.
Kurzinger faces unclassified felony charges of aggravated murder and murder, as well as a third-degree felony for having weapons while under disability.
His attorney, Matthew Bangerter, originally filed a plea of not guilty by reason of insanity in September, citing psychological issues in the case. The plea was ultimately denied.
Under Ohio law, a person is not guilty by reason of insanity if it is proved they, at the time of the offense, did not know the wrongfulness of their acts “…as a result of a severe mental disease or defect.”
Bangerter filed a supplement to the plea in January, outlining Kurzinger’s recently obtained mental health records.
“These records indicate diagnoses of mood disorders, seizure disorders, borderline personality disorder, PTSD, intermittent explosive disorder, delusions and other issues,” Bangerter said. “Most concerningly, these records indicate ‘a history of ‘rage blackouts’’ that are often brought on by his mania,’ sometimes happening as frequently as ‘every other day’ and often accompanied by loss of memory.”
He said Kurzinger’s providers had been attempting to diagnose and treat the causes of the episodes before his incarceration.
“These issues appear to have a direct relationship to the alleged events for which the defendant was indicted in this case,” he said.
Bangerter requested a court-ordered sanity evaluation, which Geauga County Court of Common Pleas Judge Matt Rambo approved during a Jan. 28 hearing.
A Feb. 2 order directed that Kurzinger be examined by the Psycho-Diagnostic Clinic of the Summit County Court of Common Pleas.
A competency hearing addressing the clinic’s findings was held March 30.
“The state did receive the report last week after the defendant’s not guilty by reason of insanity plea and a referral to a psycho-diagnostic clinic,” Geauga County Prosecutor Jim Flaiz said. “It is a 13-page report and it concludes, upon a reasonable psychological certainty, that Mr. Kurzinger was not suffering from severe mental disease or defect at the time of the offense charged and he did know the wrongfulness of his actions.”
Bangerter requested additional time to speak with Kurzinger about whether he would like to seek a second opinion.
Rambo granted a continuance to April 27, expecting Bangerter to submit either a request for a second opinion or a trial schedule by that date.
