Summary:

The fifth & sixth paragraphs read: "Baumgartner, 41, a nurse, confessed to killing Germantown resident Daniel Morgan, whose body was found in his apartment April 9 last year with more than 100 stab wounds. They had met several days earlier at a music store."

"Doctors say she has been treated for a variety of mental illnesses, including schizo affective disorder, and that she was given the wrong medicine - an anti-depressant instead of an anti-psychotic - three months before the stabbing."

http://www.gomemphis.com/mca/local_news/article/0,1426,MCA_437_1430581,00.html

Judge to review ruling freeing killer
Waived holding woman for mental tests
By Lawrence Buser
buser@gomemphis.com
September 21, 2002

A judge said Friday he will reconsider his recent controversial decision to waive the mandatory commitment of a woman he found not guilty of first-degree murder by reason of insanity.
Criminal Court Judge John Colton Jr. said he would rule next week whether to grant a motion by state prosecutors to commit Sandra Baumgartner to a mental facility for a 60- to 90-day evaluation.
The law calls for a mandatory commitment but Colton agreed last week with defense attorney Seymour Rosenberg that it can be waived because several doctors say she is not commitable and because she is enrolled in an outpatient treatment program.
"The type of evaluation the legislature intended is the type of evaluation that Sandra Baumgartner received,'' said Rosenberg. "It's not a form of punishment.''
Baumgartner, 41, a nurse, confessed to killing Germantown resident Daniel Morgan, whose body was found in his apartment April 9 last year with more than 100 stab wounds. They had met several days earlier at a music store.
Doctors say she has been treated for a variety of mental illnesses, including schizo affective disorder, and that she was given the wrong medicine - an anti-depressant instead of an anti-psychotic - three months before the stabbing.
State prosecutors did not contest the finding of not guilty by reason of insanity, but urged Colton to have Baumgartner committed and, if released, to be placed on a strictly supervised outpatient program with periodic reviews by the court.
"We want this woman to be supervised for the public safety,'' said state prosecutor James Wax. "We don't want to find out that the first time she's off her medication she's hurt someone else.''
Rosenberg said having Baumgartner committed to a mental institution would put her at risk of being harmed by other patients and also would be unnecessarily costly to taxpayers.
"Does your honor want to be known as the elected official who saved taxpayers $30,000 to $45,000 dollars or the one who cost the taxpayers $40,000 to $45,000 that was unnecessary?'' Rosenberg asked Colton.
Wax countered that Rosenberg's argument would place money issues over lives and the public safety.
The victim's sister, Marilissa Morgan, read a statement in the brief hearing in which she asked the judge to reconsider his waiver of commitment.
"This is an excruciatingly painful time for me, my family and I'm sure the Baumgartners as well,'' said Morgan, who discovered her older brother's body in the apartment they shared. "The defendant desperately needs help for herself and for the safety of society.''
Baumgartner, who remains free on $100,000 bond, hopes to resume her nursing career, according to her family and her attorney.
- Lawrence Buser: 529-2385