Marci Webber has been in Illinois state custody since a judge found in 2012 that she needed mental health services after she killed her 4-year-old daughter, Maggie, on November 3, 2010, and cut her own wrists. A judge is set to decide in November whether Webber can be released. The question comes after an earlier release order was reversed, a suicide attempt, and disagreement among medical professionals about whether she remains a danger to herself or others.
A One-Day Trial, No Jury
Webber was found not guilty by reason of insanity in DuPage County, Illinois, after choosing not to have a jury hear her case, according to court records. Her one-day trial relied on testimony from a forensic psychologist, according to The New York Times. The court entered the insanity finding on June 7, 2012, and on July 13 determined she needed mental health services, placing her in Illinois state custody, the court record shows.
The Times reported that Webber argues she no longer needs inpatient care and should be freed. In its account of the case, the paper said that at the time of the killing she believed satanists were following her.
Years of Litigation Over Release
Illinois law does not make commitment automatic after an insanity acquittal. Once a person is committed, however, the burden shifts: the person must prove by clear and convincing evidence that they no longer meet the criteria for confinement, according to the Illinois State Bar Association. Commitment can last as long as the prison sentence a conviction would have carried.
Release Litigation
A separate precedent involved a recommitment dispute. In People v. Jurisec, an Illinois Supreme Court decision filed February 22, 2002, the court considered a Will County recommitment dispute. Webber’s case concerns an initial release decision.
The Times reported that Webber had not been psychotic since withdrawing from medication in 2013. On August 22, 2017, she petitioned for discharge or conditional release. A DuPage County judge rejected the petition, finding she was not ready for discharge, according to the Times. The court filing states that Webber attempted suicide by ingesting 30 Fioricet pills.
Eleven Days of Freedom, Then Recapture
The Daily Herald reported that expert witnesses disagreed about Webber's condition in 2019 and that, in December, Judge George Bakalis found Webber would no longer benefit from in-person treatment and would not threaten herself or others if released.
Webber was out for 11 days before DuPage County prosecutors obtained an emergency appellate order returning her to a mental hospital, the Daily Herald reported. The appellate panel later concluded she had not provided clear and convincing evidence that she would not harm herself if released. Prosecutors have cited her suicide attempt, hostile behavior and rule infractions, and argued that her symptoms improve with medication and worsen when she stops, according to the Times.
A Medication History Under Scrutiny
Webber has said psychiatric medication caused her akathisia, an involuntary and sometimes severe restlessness. The Times reported that she had been prescribed antidepressants, antipsychotics and a beta blocker.
A Parallel Case in Massachusetts
The Times also reported on the Massachusetts case of Lindsay Clancy, whose trial on charges of killing her three young children ended in a hung jury after three weeks. Her defense argued she was insane; all but one juror favored a not-guilty finding. A prosecutor must decide whether to retry her, with a hearing on next steps scheduled for next month.
Webber has argued that planning does not rule out psychosis or insanity, and has criticized the conditions of institutional care, according to the Times.
A November decision will determine whether Webber is released.
