Attorney for Fishers teen charged with murder plans to use insanity defense

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HAMILTON COUNTY, Ind. (Dec. 23, 2014)-- A Fishers teenager charged with murder appeared in court Tuesday afternoon.

Maxwell Winkler, 17, has been behind bars since November when he was charged with the murder of Henry Kim, 73, at a Fishers park.

The prosecutor’s office has requested life imprisonment without parole and firearm enhancement. The firearm enhancement request could add 5 to 20 years behind bars, if Winkler is found guilty.

Henry Kim

Henry Kim

Last week Winkler’s attorney, Jim Voyles, filed a notice of insanity or mental disease or defect defense. The document stated Winkler suffered from major depression and was diagnosed as a child with what is now known as autism spectrum disorder. In the document, it stated depression and autism spectrum disorder impacted Winkler’s perception of things.

Voyles did not comment about his client’s case after Tuesday’s hearing.

Indianapolis legal expert Jack Crawford, who is not involved in this case, spoke to FOX59 about how the insanity defense could shape the case.

“The defense is left with the option of insanity to try and say to a jury, ‘yes, he did the crime, but when he did it he didn’t understand the consequences of his actions’,” Crawford said.

The judge will appoint two psychiatrists or a psychologist and a psychiatrist to evaluate Winkler.

“This defendant will be examined again and again and again and again. The defense will bring in a psychiatrist and psychologist also to look at his mental state because that’s what the case is all about,” Crawford said.

Winkler has pleaded not guilty. He is scheduled to appear in court next month.

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