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TOP STORY: Defense witnesses in the Brian Fullhart murder trial Wednesday will testify about Fullhart's "diminished capacity." What does that mean?

Posted: Tue, Jul 23, 2019 1:53 PM
Judge Linda Fangman is presiding over the murder trial

Former Decorah resident Brian Fullhart faces a charge of first degree murder in the March 1, 2018 death of his wife, Zoanne Fullhart, in Cresco.  Brian Fullhart's murder trial resumes at 9:00 Wednesday morning in Howard County District Court with witnesses for the defense.

Fullhart's attorney, Matt Hoffey, is expected to provide testimony from psychiatrists about Fullhart's "diminished capacity" at the time of the shooting.  It's a phrase that's different from "insanity," for instance, according to legal sources.

The Cornell University School of Law, for example, states, "A 'diminished capacity' plea differs in important ways from 'not guilty by reason of insanity.'  ...a successful plea of insanity will, in most states, result in a verdict of 'not guilty' and commission of the defendant to a mental institution. 'Diminished capacity,' on the other hand, merely results in the defendant being convicted of a lesser offense."

In a case involving murder charges, a diminished capacity defense, according to Cornell University Law School, "contends that a certain defendant is incapable of intending to cause a death, and therefore must have at most caused such a death recklessly. Thus, a successful plea of diminished capacity in a murder trial would likely result in the charge being reduced to manslaughter."

If the jury of eight men and six women in Howard County (two of whom are alternate jurors) agrees with the defense arguments, Fullhart would still be convicted of a crime in connection with his wife's death, but the prison term would be shorter.