Mother of 23-year-old man killed by Kane calls on lawmakers

Monday, Aug. 8, 2005 | 9:27 a.m.

The mother of the man killed by Michael Kane stood on the courthouse steps Friday and asked Gov. Kenny Guinn and the Legislature to "call a special session and show you care about your citizens."

Robbin Trowbridge-Benko made her plea after District Judge Jennifer Togliatti ordered doctors at the state's mental facility to review the testimony delivered by experts during Kane's trial.

Kane was on LSD and had used methamphetamine in October 2001 when he fatally stabbed 23-year-old John Trowbridge several times while the two were listening to the radio and playing fighting video games.

In September 2004 a Clark County jury acquitted Kane of the murder charge by reason of insanity. Under state law, Kane was ordered to undergo treatment at Lake's Crossing, the state mental facility in Sparks, with the understanding that if he recovered, his case would be reconsidered by the court.

Two months ago doctors at Lake's Crossing said Kane was no longer mentally ill, resulting in Friday's hearing, the first of its kind in Nevada.

Togliatti is to determine whether to release Kane back into society. She could decide to reject the findings of Lake's Crossing and order Kane to undergo continued treatment and be evaluated again in six months.

After hearing the testimony of both Dr. Elizabeth Neighbors, the director of Lake's Crossing, and her colleague at the facility, Dr. Howard Henson, Togliatti realized neither had reviewed the testimony delivered by experts during Kane's trial.

Togliatti subsequently ruled both doctors should review the transcripts.

Togliatti scheduled a status check for Sept. 2 to see if the doctors have reviewed the trial testimony and set a date for them to return to court and testify about the trial experts' findings.

The judge said she wanted to know what effect if any the testimony of the trial experts would have on Neighbors and Henson's finding that Kane was no longer mentally ill.

Although Trowbridge-Benko said she appreciated Togliatti trying to make sure all avenues were explored before issuing a ruling, she blamed the Legislature for forcing the judge to "legislate from the bench."

Trowbridge-Benko said the Legislature failed to acknowledge the possibility of Kane's situation when it reinstated the plea of not guilty by reason of insanity plea the 2003 session.

The Legislature had abolished the plea in 1995, but in 2001 the Nevada Supreme Court ruled the law violated the due process rights of the defendant.

The Legislature, however, failed to include a mandated monitored release program for those individuals such as Kane who are found not guilty by reason of insanity and later determined by doctors to be no longer mentally ill and fit to re-enter society.

Nevada is currently the only state in the country in which a person who is found not guilty by reason of insanity and is ultimately released does not have to enter a court mandated monitored release program.

In such programs individuals who are found not guilty by reason of insanity go to a mental facility and are deemed no longer mentally ill are released back into society and kept track of via monthly meetings, phone calls and often counseling.

Kane's attorney, Scott Coffee, said a monitored release program is something "that might make sense."

Trowbridge-Benko said she was "trying to stay calm" and would soon be in conversations with Assembly Majority Leader Barbara Buckley, D-Las Vegas, and Assemblyman William Horne, D-Las Vegas, about changing the statute.

"Maybe with all the help of the people of Nevada, the people of Las Vegas and the media, we will get out the word out," Trowbridge-Benko said. "There are a lot of Michael Kanes in Nevada."

Horne, who attended the hearing Friday, said after Togliatti issues her ruling on the case he would put the issue before an interim legislative committee in September. He said revisiting the insanity plea would "be on the top of our agenda."

Horne said the committee would then prepare a report and issue it to the 2007 Legislature. He said a special session was "highly unlikely."

While Trowbridge-Benko and Horne were discussing the future of the not guilty by reason of insanity plea, Coffee talked about Kane.

"I've spoke with him (Kane) a few times in the last six weeks and he doing well. He's like a normal 21-year-old,"Coffee said. "As well as he is doing now, there is no question that this is a kid that was mentally ill at the time of the stabbing."

During their testimony Friday, Neighbors and Henson, said Kane had undergone a "complete remission in a controlled setting."

Both doctors said Kane suffered from an "emphetamine induced psychotic disorder," but neither could predict Kane's fate if he was to be released.