r he was recently released from jail on may twenty seventh about ten days prior to this in the intervening days he didn't take his medication he wasn't sleeping he wasn't eating and he had using the out all the drugs on june seventh the day that the  medical records he interviewed mr cor on august twenty seventh and found that mr cole and i quote at the time of the stabbing of his mother was suffering from severe manic episode six how to futures and then as a result of these symptoms was recover the proceeds of that policy when they're found to be insane and the cause of death of the policy and that's in several cases of or several are sick cases of course in california new jersey for the new york and have found ordered by the slayer stage that's an interesting quote from case the only true definition of insanity that we have in illinois is one that has already met in criminal correct and the word intent is not used in the criminal statute that's correct why then should we think that intentionally you know justifiably means anything other than what it means if we look it up in the dictionary i had the middle purposely do what i did well  was taking an act of violence against another living being where their mother or who well it and that process was interfered with position is is that as intentionally asked required by the statute he just couldn't act intentionally because he was insane you couldn't make sure he couldn't make that step where he he he intentionally killed his mother he intentionally called himself in the garb of an ordinary person and i you know i don't know what the evidence was but we can see he ate that day he chose not to take his medication because this medication makes him he doesn't like the way it makes him feel i mean a fact i don't know that he says that that very often people who are mentally ill say that he needs various choices whether those were rational they were nonetheless the product of choice and i'm doing what i'm doing i thought that person was my enemy because i saw the devil in their eyes so i took and the statue requires an intentional killing of another person and i understand your reasoning of he intentionally may have picked up the night but in this instance mr gist of the case law from the other states you know there's the state allowed these are all cited in the in the brief but but that's the holding in these other states that the same person for the purposes of the slayer state you can act intentionally so that and into the slayer statute this should all be taken into account in that in illinois an insane person should not be prohibited from inheriting pursuit slayer statute if they were insane at the time also but what was the significance conviction we're not arguing that a criminal conviction is necessary to have that slaves or to apply were disarmingly and that the the killing would have to be intentional unjustified and that for our purposes m initiative insanity which are leagues this because of the criminal law i mean it doesn't come out of out of the medical lexicon except for the fact that the common law system wanted some or your ability or inability to conform your conduct to the requirements of the law and invest correct in the criminal sense and what you're trying to use it for is to interpret what the slayer statute means by intentional said in i guess we're not in a criminal setting here we're we're trying to target this under the slayer statute and we're trying to figure out what intentional means in the slave states and there's no real case law on that in illinois and what we're trying to do is see what's out there in what we found is that other states and even illinois cases have have not prohibited an insane person who kills another from inheriting from that se remain there mr cole he's been deemed criminally insane but outside of that he couldn't have acted intentionally under the slayer stage but he also he wasn't newton and he was or you act negligently or you act recklessly or you act as an insane person without understanding crimin amended the statute they just wanted to get rid of conviction and broaden the scope of who could take that whatever me that would be my position that they didn't want to make the bar to be a criminal you and in war if we had another civil war and you shot your brother or your relative it would be tensional but it would be justifiable  district of this these decisions that rocked the city came out of the mcintyre's this is where the premise that there's nothing wrong or unjust in a verdict that merely is compensation for the actual result resulting from injury inflicted by the by take both of these cases relied on public policy grounds of sensuous saying that we can't have insanity defense that's going to provide a really strong temptation for anybody who if anybody commits a crime say why i wasn't saying i don't want to be open the suggestion that insanity is some type of things to wrongful death and what we would be asking this court to do would be to clarify their role in supporting what type of defense if any that wrongful death little evidence at trial supporting a two hundred thousand dollars award and not to minimize anyone's loss this is a terrible situation but mr cole was an individual probably most greatly harmed by his mother's death zoller on a daily basis he lived with her she took him to treatment she she was she was there on a daily basis basically handling his affairs for that reason we think two hundred thousand dollars reverse that award or a portion that award in part to jack and if there's no questions out of you all i would have summarize the entire police investigation here's a like crazy and that was by agreement because the facts of the case are not spew it's a lot but one of the things that happened in the pretrial they want to use the criminal law which it helps them and that is ok we got away from going to prison for the rest of life for killing other ways but we don't want to use the criminal definition  mean that he kills his mother but he's thinking it's a tree oh i misunderstood your question we all focused illegal including drugs on the concept of tension and we supposed to split and say ok if you killed the person and you were under l s d  were killing a tree does it get to a character or do we say if there's any conscious wish or if you don't is to make sure that someone doesn't go out and kill someone to financially benefit from it and in this case that's not an issue at all jack didn't know what he's doing criminally and i would argue didn't know what he was doing under the slayer statute just alone there's just no public policy reason why insane person cannot carry it's designed to protect it's designed to discourage someone from going out and killing their mom or going there they're killing  there have been a vitriol in this case that that's not a that's not a concern here and i would think in most cases where someone is insane and kills kills or mom or kills her dad and then there's money that's not why they did it we're not protecting buddy by prohibiting an insane person from harry you know moving on to the bad state case law i mean i think the fact that illinois doesn't have much on it i look in which is instructive many states have found that an insane person cannot act intentionally for purposes of that given state slayer statute and i think that's an important consideration i just i think that the slayer station in illinois not designed an insane person