For two weeks, the “cleaver slay” jury struggled for consensus on one question, their shouting often audible through the closed door of their cramped Manhattan jury room: was the madman too crazy to convict?
But by the 10th day, only three jurors were still calling cleaver-swinging schizophrenic David Tarloff a murderer, one of those jurors told reporters after today’s mistrial.
The remaining nine believed Tarloff was not responsible, by reason of insanity, for bludgeoning and stabbing a 56-year-old psychologist to death in her Upper East Side office five years ago.
Tarloff’s insanity defense in the botched-robbery killing of Dr. Kathryn Faughey must now be presented to a new jury, a process that begins anew with Tarloff’s next court date, May 21.
“He’s obviously mentally ill,” one of the three pro-conviction holdouts said today in a post-deadlock interview in a hallway of Manhattan Supreme Court.
“There were times in this man’s life when he was psychotic, and he’d be taken away. But there was just so much evidence that he had planned this out,” said the juror, Brian Ferrari, 44.
“Dr. Faughey was just an obstacle that got in his way.”
Ultimately, the majority of jurors lost sight of the very high standard of proof for a successful insanity defense, Ferrari said — proof that Tarloff did not realize his actions were wrong when he plunged a boning knife to the hilt into his victim’s chest.
For that majority, Ferrari complained, it was proof enough that Tarloff was very seriously mentally ill, despite the repeated arguments by pro-prosecution holdouts that Tarloff clearly knew his actions were wrong regardless of his illness.
Tarloff had given a false name when he arrived at Faughey’s E. 79th Street office, was able to flee home afterward despite being soaked in blood, and then three days later taped a police confession in which he tried to minimize and apologized for his actions — all proof of knowledge of wrongdoing, prosecutor Evan Krutoy had argued.
“To just say ‘not responsible,’ you’re doing a disservice to people who are schizophrenic and can lead everyday lives, because there are a lot of people out there who have mental illness and are able to control it, to the best of their ability,” Ferrari said.
Meanwhile, defense lawyers found vindication in what they saw as their near win.
“Nine to three in our favor certainly demonstrates what we’ve been saying all along – that David Tarloff is severely mentally ill and is not responsible by reason of insanity,” said one lawyer, Bryan Konoski
“He belongs in a secure mental hospital not a prison,” Konoski added.
All six of Faughey’s surviving siblings — three men and three women, ranging in age from 62 to 50 — were in the audience as the bad news was revealed.
“This is devastating to us,” said Owen Faughey, 60.
Added Mike Faughey, 53, “We are prepared to do whatever it takes to see justice. If that means we do this again a year from now, then we do it a year from now.”
“Until we get justice in this case for our sister, we’ll be back,” Owen added.
“We’ll be back,” his brother agreed.