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The case of David Hari, convicted of first-degree murder, has been overturned by the Illinois Supreme Court for failure to inform the jury that the defendant was taking the antidepressant drug Zoloft at the time of his actions. 43-year-old David Hari was sentenced to 73 years in prison following the murder of Jeffrey Thomas and the attempted murder of his wife, Lisa Hari in February of 2002.
The Court has ruled that Judge Donald Bernardi was at fault in failing to instruct the jury regarding Hari''s mental state and the possibility that involuntary intoxication from the drug Zoloft was an issue. The Supreme Court''s ruling states that Hari should not be held liable for his deadly actions, because he was taking the toxic drug.
Dr. Robert Mitrione examined Hari''s mental health by request of the defense. He confirmed that Hari was in fact exhibiting symptoms of serious depression, accompanied by a series of other mental instabilities. Mitrione added that it is not unordinary for people taking the anti-depressant Zoloft to experience adverse reactions from the drug. He testified that Zoloft can cause a “toxic reaction” in some cases. Dr. Robert Chapman however, a witness on behalf of the prosecution, testified that he believed Hari was not in fact impaired by any viable mental illness and was conscious of his criminal actions at the time.
Defense attorney Jerry Roden was pleased with the outcome of the appeal. “The Supreme Court agreed with the defense position and the appellate defender''s belief that failure to give an involuntary intoxication instruction based on the facts in Dave''s case was a substantial error,” Roden commented.
Prosecuting attorney Tony Lee was not as pleased with the overturn of the case. His only comment thus far regarding the case was, “I can tell you the victims'' families are devastated”. The prosecution is entertaining the idea of retrying the case.
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