[W]ith treatment Mr. Carney's condition has slowly improved and he is
now more cooperative, coherent and rational. He has a lengthy history of
psychiatric treatment at numerous mental facilities. Our diagnostic
impression continues to be Schizophrenia, chronic, paranoid type now in
fair remission.
It is our opinion that Mr. Carney has regained competency to stand
trial. He now fully understands the nature of the proceedings against him
and is able to assist his attorney in preparing a defense.
On June 4, the court found Carney competent to stand trial. Following
arraignment on the charge of arson in the first degree, Carney entered a plea of not
guilty.
At the beginning of the jury trial on July 2, the State asked the court to enter a
plea of not guilty by reason of insanity on behalf of Carney. Carney did not object. The
court granted the motion.
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The State called a number of witnesses to testify at trial, including police officers
and two psychiatrists. At the conclusion of the State's case, the defense moved to
withdraw the plea of not guilty by reason of insanity. The court denied the motion.
Carney testified in his defense.
In answer to a special verdict form, the jury found Carney committed the crime of
arson in the first degree but found him "not guilty because of insanity existing at the time
of the act charged." The jury also found Carney was "a substantial danger to other
persons" and "presented] a substantial likelihood of committing felonious acts
jeopardizing public safety or security unless kept under further control by the court or
other persons or institutions."
At the sentencing on July 9, the court entered an order of acquittal by reason of