Appeals Panel Overturns Finding That Gateway Man Was Sane When He Murdered Niece

LOS ANGELES, CA - A state appellate court panel Friday reversed a jury's finding that a man was sane when he fatally stabbed his 5-year-old niece in Compton about six years ago.

The three-justice panel from California's 2nd District Court of Appeal agreed with the defense's contention that there was a prejudicial instructional error during the sanity phase of Julian Carter's retrial for the June 2010 killing of his niece, Mireya Nila McCall.

The appeals court panel noted in a 16-page ruling that jurors sent a note asking the judge if they could consider the lack of medical treatment Carter had received prior to the crime and how they should proceed if they could not come to a unanimous decision.

The judge responded that the panel could not consider lack of medical treatment prior to the crime and instructed jurors to continue their deliberations or to notify the bailiff if they could not reach a decision, according to the ruling.

"As phrased, 'prior to' the crime encompasses the period immediately preceding the murder. Thus the trial court's response effectively precluded jurors from considering, among other things, whether Carter was or was not medicated when he committed the killing, and any effect that the absence of treatment may have had on his mental state," the justices ruled.

"In sum, the evidence of prior treatment and medication was relevant, but the trial court's response to the jury's question potentially precluded the jury from considering it," the justices ruled. "We agree there was certainly sufficient, even persuasive evidence, supporting the jury's sanity finding. But that evidence was not necessarily overwhelming. Two experts opined Carter was sane at the time of the murder; two opined he was insane."

The appellate court panel noted that the jury rendered its sanity finding 10 minutes after the trial court responded to its question,"suggesting the trial court's response was quite significant to the jury's analysis."

"In light of the foregoing, we cannot say the error was harmless, in that it is reasonably probable the jury would have rendered a more favorable verdict had it been properly instructed. The jury's finding that Carter was sane when he committed the murder is reversed," the justices wrote, noting that the matter was being sent back to the trial court for "further proceedings."

"It's a little frustrating that we have to do it again," Deputy District Attorney Emily Spear said of the prospect of a third trial in the sanity phase of the case. "It's a heinous crime. Mireya deserves justice."

The jury that found Carter sane was the second to hear the trial's sanity phase. The first jury convicted him in February 2014 of second-degree murder for his niece's killing, but deadlocked 8-4 the following month -- with the majority of that jury voting for a finding that he was insane at the time of the crime.

The little girl had been reported missing June 13, 2010, by her mother.

Her body was later found stuffed in trash bag in a bedroom closet in the family's apartment in the 1100 block of East Peck Street. She had been stabbed in the throat.

The motive for the girl's killing was not clear.

Carter -- who had been living with his sister, niece and other family members -- was arrested the same day and has remained jailed since then. He was sentenced in October 2014 to 31 years to life in state prison.

--City News Service, photo via Shutterstock