Murder Prozac 07/09/1990 Utah Man Shoots Young Woman Summary:

DEFENSE WILL BLAME MEDICATION
                                 
                                   Deseret News                            

Friday, September 7,  1990

TAG: 9009080286
EDITION: Metro
SECTION: News: PAGE: G22       
LENGTH: Short:      46 lines
HEADLINE: DEFENSE WILL BLAME MEDICATION
DATELINE: ST.  GEORGE  [AP]
TEXT:
   The defense attorney for a man charged with capital homicide in the
July 22 death of a local nurse said he plans to prove that a popular
antidepressant drug made his client commit murder.
   Alan Boyack said Joseph Charles Gardner,  32,  was taking the drug Prozac
when he fatally shot Janice Fondren last July.
   An arraignment scheduled before 5th District Judge J. Philip Eves was
continued after Eves granted a joint motion ordering Gardner to undergo a
60-day psychiatric evaluation at the Utah State Hospital to determine if he is
competent to stand trial or if he was influenced by the drug.
   "The hospital is going to see what effect the drug had on him at the time
of the alleged murder," Boyack said. "It's going to be an interesting
evaluation by the state hospital."
   Gardner, a former schoolteacher and one-time emergency medical technician, is charged with first-degree murder in the shooting death of Fondren. Her nude
body was found July 25 in a remote section of the Shivwits Indian Reservation
about 22 miles west of St. George.
   An autopsy found that she was shot in the chest with a 9mm weapon.
   Fondren,  30,  was the director of nurses at the St. George Care Center. She was reported missing the night of her death by Gardner's ex-wife, Nancy Snow.
  Snow earlier had driven Fondren to her apartment and later returned to find it in disarray. Court records showed police found blood in and around the residence.
   Gardner was arrested July 23 on misdemeanor charges of criminal trespass
and one count each of lewdness and telephone harassment. Those charges were
dropped after he was charged in Fondren's death.
   After the hearing, Boyack said there were other cases pending including
 those in Susanville, Calif., Flordia and Long Island, New York that will
attempt to use the so-called Prozac defense.
   He said the cases have not gone to trial.
  This is the second time in as many years that Eves has considered
prescription drugs as evidence in murder cases.
   In 1988, Ilo Grundberg of Hurricane was charged with killing her elderly mother while using the sleeping pill Halcion.
   Eves eventually dismissed the murder charge and Grundberg has filed a federal court suit against Upjohn, the maker of Halcion.