Zoloft Defense Trial
South Carolina vs Pittman

TRIAL NEWS

Christopher Pittman was tried as an adult in a trial that ended on February 15, 2005. He was found guilty and given the minimum sentence allowed by South Carolina law -- 30 years. The defense team is made up of Andy Vickery, Henry Mims, Paul Waldner and Karen Barth Menzies.

The defense team filed a number of post-trial motions. One of the motions was to reduce the sentence so that Christopher is released when he turns 21. The basis for this motion was that it was unconstitutional under the 8th Amendment to sentence Chris as an adult to thirty years in prison. Chris was 12 years old at the time of the incident, and the second youngest child in American history to be tried as an adult (the youngest was eleven years old and tried for murder in 1999 under Michigan law). Judge Pieper denied this motion on April 11, 2005.

The defense team also filed a motion for new trial based upon juror misconduct discovered after the verdict. Despite acknowledging that the post-verdict testimony of the jurors revealed that one juror discussed the case with a third party while the jury was still deliberating; that another juror believed Chris was not guilty, but felt coerced and forced to vote guilty; and yet another juror misunderstood the law believing that the requirement of a unanimous verdict meant she had to vote with the majority, even though she believed Chris was not guilty, the judge denied the motion. Read the judge's opinion.

The defense team is continuing to fight for Chris by appealing the verdict to the South Carolina Court of Appeals and is raising the following issues:

• The violation of Chris' constitutional rights under the 8th Amendment of the United States Constitution by subjecting him to trial as an adult and thus to a mandatory, minimum prison term of 30 years;
• The denial of a speedy trial by incarcerating Chris for 3 years without a trial;
• The use of a confession obtained from a 12 year-old without parental or legal advice;
• Deprivation of both procedural and substantive due process regarding his “certification” as an adult;
• The failure by the Solicitor (the State) to meet its burden to produce any evidence whatsoever, much less enough evidence, that would rebut the South Carolina presumption that a child under the age of 14 is not capable of forming the criminal intent necessary to be convicted as an adult;
• Juror misconduct issues: (1) one juror discussed his potential vote with a third party during jury deliberations and before the verdict; (2) another juror believed Chris was not guilty, but felt coerced and forced to vote guilty; and (3) another juror misunderstood the law believing that the requirement of a unanimous verdict meant she had to vote with the majority, even though she believed Chris was not guilty.

These issues will first be raised in the South Carolina courts. Ultimately, if necessary, we will seek review by the United States Supreme Court and/or other federal courts.

In August 2005, the Supreme Court of South Carolina issued an Order, on its own motion, by-passing the Court of appeals and permitting a direct appeal to it. The rule cited by the Court provides for a direct appeal if a case involves significant legal issues and/or matters of public concern. In our opinion, this case has both. In February 2006 the Court agreed to give expedited consideration to Chris's appeal.

On March 23, 2006 a brief was filed with the Supreme Court of South Carolina. It raises eleven separate bases for reversal of Chris's conviction.

Other Recent SSRI-Antidepressant Murder Cases:

On the same day as the Pittman verdict, a judge in Detroit granted a new trial to Christopher Bernaiche, a 24-year-old man who was convicted of murder last year. He was under the influence of Prozac, another SSRI antidepressant and, like Chris Pittman, his dose was doubled shortly before the killings. According to news reports, the new trial order is based on the fact that, throughout the defense’s case, the prosecution ridiculed the defense that Prozac caused Bernaiche to commit homicide as one based on "junk science," while being in possession of a memo from their own expert witness which acknowledged the link between Prozac and other SSRI drugs and mania and other harbingers of violence. http://www.freep.com/news/mich/prozac15e_20050215.htm.

Another Zoloft murder case is currently being tried in North Carolina state court involving a mother who killed her son, almost killed her daughter and then almost killed herself. She was only on Zoloft a few weeks. The Defendant mother is facing a death sentence if convicted. Meanwhile, the link between SSRIs and violence has been acknowledged by another regulatory body, the European Medicines Agency (EMA). The EMA is recommending warnings about the increased risk of suicide attempts and hostility for children and adolescents prescribed an SSRI or SNRI antidepressant.

Media updates on the Pittman case:

Below is a portion of the hundreds of articles written about Christopher Pittman's trial.

The Post and Courier, March 29, 2006
Pittman's Case Going to High Court

Charlotte Observer, May 14, 2005
Pittman's bid for a new trial denied

CBS News: 48 Hours
Prescription for Murder?

Associated Press, April 13, 2005
Judge refuses to reduce sentence in Zoloft defense case

Associated Press, February 28, 2005
Judge to take up motions, Pittman supporters to gather

Associated Press, 24 February 2005
Attorneys ask for reduced sentence in Pittman case

The New York Times - February 16, 2005
Boy in Zoloft Case Is Convicted in Killings

The Herald, February 16, 2005
In days leading up to verdict, family's focus was on future, not conviction

The Herald, February 16, 2005
Zoloft defense fails in double-murder trial 15-year-old sentenced to 30 years

The Herald, February 16, 2005
Ruling brings mixed feelings for those who knew grandparents

The Herald, February 15, 2005
Pittman case wraps up dramatically

The Herald, February 11, 2005
Psychiatrist testifies for defense that drug can lead to violence, numb emotions

The Herald, February 11, 2005
Zoloft report reveals story of violent reaction - Attorney hopes to use document in Pittman double-murder case

The Herald, February 11, 2005
Timeline of Events

The Herald, February 8, 2005
Zoloft caused 'echoes' in boy's head, expert says

Special to CNN.com - February 7, 2005
Did Zoloft make him do it? Attorneys for boy on trial argue that he committed manslaughter

Court TV - February 7, 2005
Aunt, sister describe psychotic effects Zoloft had on boy accused of murder

The Herald, February 5, 2005
Expert says Zoloft drove Pittman to kill family

The Herald, January 31, 2005
Experts, supporters from across U.S. to be on hand for Pittman trial

The Herald, January 30, 2005
All eyes on teenager's day in court The State of South Carolina v. Christopher Pittman