::::::::::::: (I know my last comment was supposed to be the last, but...) The online legal dictionary defines murder as "The unlawful killing of another human being without justification or excuse."  Well, we can rule out justification.  The only recourse is then an excuse.  But so far, no evidence has emerged that Lubitz was out of touch with reality.  The only evidence we have seen is that he was badly depressed and suicidal.  There isn't any evidence presented that suggests that he had some kind of psychosis which would put him out of touch with the reality of what he was doing.  That is pure speculation.  The facts are only that he was depressed and suicidal, which as far as I have ever heard is not an insanity defense.