The 36-year-old Willowick man facing murder charges related to the death of his former spouse in Chardon earlier this year was denied an insanity plea Oct. 2, according to the Geauga County Court of Common Pleas.
The 36-year-old Willowick man facing murder charges related to the death of his former spouse in Chardon earlier this year was denied an insanity plea Oct. 2, according to the Geauga County Court of Common Pleas.
Matthew Bangerter, representing defendant Steven Kurzinger, filed to enter a plea of not guilty by reason of insanity Sept. 25, according to the court docket.
“As grounds for this motion, in talking with (Kurzinger) after the arraignment on the indictment counsel became aware of psychological issues involved in this case,” he said in the filing. “Just recently, counsel received discovery from the (Geauga County) Prosecutor’s Office. It is counsel’s belief based on the discovery and discussions with (Kurzinger) that this matter calls for a sanity evaluation.”
Kurzinger is facing charges of aggravated murder and murder, both unclassified felonies, and having a weapon while under disability, a third-degree felony, following his arrest in late June in connection with the death of Alexandra Kurzinger, who was shot and killed outside her Chardon residence.
Geauga County Prosecutor Jim Flaiz filed an opposition to the insanity plea Oct. 1.
Unless good cause is shown, a plea of not guilty by reason of insanity should be made at the time of arraignment, Flaiz said.
“A defendant in a criminal case is presumed at law to be sane and the burden of proof rests upon the defendant to prove, by a preponderance of the evidence, that he was insane within the meaning of the law at the time the act was committed,” Flaiz said, adding he has reviewed the discovery and has not seen evidence Kurzinger was not in his right mind at the time of the murder.
“In fact, the evidence points to the opposite conclusion, that (Kurzinger) planned out his crime during the preceding two weeks and did not exhibit any evidence of mental disease or defect before or after commission of the offenses,” he said.
Flaiz asked the court to deny the insanity plea, stating evidence must be offered to show good cause for it.
Geauga County Court of Common Pleas Judge Matt Rambo denied the plea Oct. 2 and said the proposed justification provided by Bangerter does not rise to the level required by the Ohio Rules of Criminal Procedure.
