Jury rejects insanity plea from child rapist
By Laura Rillos KVAL NewsEUGENE, Ore. -- A 12-person jury returned a guilty verdict Wednesday night after deliberating whether or not a California man was insane when he kidnapped and raped a 10-year-old Santa Clara girl in January.Malcolm Michael Gerlach had admitted to the crimes but was pleading guilty except for insanity. Defense attorney Rebecca Davis and prosecutor Erik Hasselman gave their closing arguments Wednesday afternoon. The jury went into deliberations just before 3 p.m. and returned a verdict by 5 p.m. The jurors had to decide if Gerlach suffered from a mental disease or defect that either prevented him from understanding what he was doing was wrong or preventing himself from abusing the girl. At least 10 jurors had to agree on the verdict. If Gerlach had been found guilty except for insanity, he could have been sent to a state psychiatric hospital. The jury's decision will send him to prison. The jury found him guilty on all 12 counts, including four that fall under Jessica's Law. Those each carry a minimum of 25 years in prison, which means he could face more than a century in prison. Gerlach faces sentencing by a judge Jan. 12. |
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