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The case was set to be
decided last month by the state Court of Appeals. But the appellate
court sent it back to King County Superior Court, which originally
decided Hoge could not inherit money from Kissinger. The appellate
court said the King County court made a mistake in its original
determination and must reconsider the case. No date has been set.
The ruling puzzled
attorneys on both sides.
"The Legislature has
made it very clear that they don't want people who kill people to
profit from it," said Mark Leemon, who represents Hoge's uncle, the
executor of his sister's estate.
Kissinger's family
wants all the money to go to her third son in Oregon, who is also
mentally ill and will need lifelong care, Leemon said.
But many of the details
surrounding the case rest on complex legal definitions of what it
means to be a killer, and what type of killer Hoge is.
The Slayer Statute is
designed to prevent those guilty of two key things — a "willful" and
"unlawful" killing — from profiting from their crimes. So, for
example, a person who accidentally hit a family member with a car
wouldn't necessarily be prevented from collecting life insurance
because, although the killing could have been unlawful, the killer
didn't necessarily intend to do it.
Hoge's attorney, Jean
O'Loughlin, argued that the June 23, 1999, slayings of Pamela and
Zach Kissinger, Hoge's 49-year-old mother and 19-year-old brother,
weren't legally unlawful because Hoge was found
not guilty. Therefore, the Slayer Statute
should not even apply, she said.
John Strait, a Seattle University associate
professor of law, agrees.
"For all intents and purposes, there is no
crime. We don't punish people for being really sick. We don't impose
criminal culpability on people who are mentally ill," he said. "It's
nutty logic."
But the appeals court said that while Hoge
might not be criminally responsible under the law because he was
insane, the killing was still unlawful.
Whether the killing was "willful" — the second
point required under the statute — is murkier.
The appeals court sent the case back to King
County because the judges said the wrong standard was used when
determining that Hoge's act was willful.
O'Loughlin could also ask for consideration by
the state Supreme Court — a tactical move she is not sure she'll
take.
Wherever it lands, the case will rest heavily
on Hoge's tortured mental history.
Long, troubled history
Long before the slayings, Hoge's behavior and
beliefs caused alarm among his family members and earned him a
series of diagnoses, commitments and heavy drug prescriptions,
according to court documents describing his medical history.
A mental-health summary says he was physically
abused as a young child and began sleeping with a knife at age 9. He
used alcohol and drugs and got into criminal trouble as a teen and
was finally diagnosed with schizophrenia while in juvenile
detention.
Hoge often heard
voices, lived on and off with his mother or father, and did not hold
a job.
When he was
hospitalized, he often threatened to kill staff and had threatened
his mother and brother, according to court documents and medical
reports.
Hoge was eventually
diagnosed with Capgras delusion, whereby he believed family members
were replaced by identical impostors. He believed he could use magic
and fly into space to prevent people from harming him and that
others were trying to use their magic on him, according to his court
documents.
Two days before he
killed his mother and brother, Hoge went to Northwest Behavioral
Services, a King County-contracted clinic where he was an
outpatient, and requested a prescription for an antipsychotic
medication, according to court records. The nurse practitioner told
Hoge he could not have the medication until June 30 and wrote him a
postdated prescription.
On June 23, 1999,
Walter Williams, Pamela Kissinger's boyfriend, returned to the
Renton-area home he shared with Pamela Kissinger to find Hoge waving
an ax. Hoge chased Williams and hit him in the head with the ax.
Williams made it back outside the home and called police.
When officers arrived,
they found Zach Kissinger lying under a pile of clothes and covered
with stab and head wounds. Pamela Kissinger's body was downstairs,
stabbed and wrapped in a comforter. She had been positioned holding
a photo of her sons.
After his trial, Hoge
was sent to Western State, where he could spend the rest of his life
unless it is proved to the court that he is not a danger to the
community.
If that happened, he
could get a conditional release, starting out in a separate,
independent-living facility at the hospital before moving into the
community, O'Loughlin said. At that point, she said, the estate
money would be useful to pay for continuing therapy and treatment.
Is it fair?
Though it's not part of
the legal determinations, one might wonder whether it seems fair, or
moral, for Hoge to inherit money from the mother he killed.
It is, O'Loughlin says.
Hoge's mother, though
burdened by her son's mental illness, loved and supported Hoge, said
his attorney.
"She knew how disabled
he was, how his life was basically a living hell," O'Loughlin said.
"Think of your worst nightmare. That's what it's like for people
with mental illness, but they're awake. Morally, it's not their
fault.
"But I guess everyone
would have to decide that for themselves."
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