Court of Appeals of Indiana | Opinion 49A05-1704-CR-844 | December 19, 2017 Page 1 of 23

ATTORNEY FOR APPELLANT

Valerie K. Boots

Marion County Public Defender Agency

Indianapolis, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Larry D. Allen

Deputy Attorney General

Indianapolis, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Lori Barcroft,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff.

December 19, 2017

Court of Appeals Case No.

49A05-1704-CR-844

Appeal from the Marion Superior 

Court

The Honorable Lisa F. Borges, 

Judge

Trial Court Cause No.

49G04-1205-MR-33537

Najam, Judge.

Statement of the Case

[1] Lori Barcroft appeals her convictions, following a bench trial, for murder and a 

sentencing enhancement for the unlawful use of a firearm in the commission of 
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an offense. Barcroft raises one issue on appeal, namely, whether the trial court 

erred when it rejected her insanity defense and found her guilty but mentally ill. 

[2] We reverse and remand with instructions. 

Facts and Procedural History

[3] In 2007, Jordan Ashbury, one of Barcroft’s adult sons, became concerned about 

Barcroft’s deteriorating mental state, which he believed was caused because she 

was “demonically possessed.” Add. at 5. According to Ashbury, Barcroft had 

begun to see messages on the refrigerator and she had become obsessed with the 

colors of cars. Ashbury asked Pastor Jaman Iseminger, the pastor at the church 

Barcroft and Ashbury attended, to help Barcroft. Pastor Iseminger told 

Ashbury that Barcroft needed to be prayed over and also hospitalized. After the

ensuing death of her father, Barcroft deteriorated further, and Ashbury

attempted to hospitalize her, but she refused. At the time, Barcroft lived with 

Ashbury and his wife, Tamia. However, on the advice of Pastor Iseminger, 

Ashbury told Barcroft that she could no longer live with them, as Tamia was 

fearful for her life. Barcroft then moved in with her mother. 

[4] On the morning of May 19, 2012, Pastor Iseminger arrived at the church at 

approximately 6:45 a.m. in order to open the church kitchen for Jeff Harris, 

who was preparing to lead a workshop. Harris was in the kitchen when he 

noticed Barcroft walking around the outside of the church. Barcroft wore a 

black hooded sweatshirt with its hood up and dark jeans, and she carried a 

backpack. Harris went outside and saw Barcroft standing in an exterior 
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stairwell that led to the church’s basement, where Pastor Iseminger’s office was 

located, and looking in through a basement window. Harris asked Barcroft if 

he could help her, and Barcroft asked if Pastor Iseminger was there.

[5] Harris entered the church and went down the interior stairs to the basement, 

where he found Pastor Iseminger in his office. Harris told Pastor Iseminger that

a woman was there to see him. Although Harris was not aware of it, Barcroft

had entered the church behind him and was waiting near the top of the interior 

stairs. Pastor Iseminger followed Harris back up the stairs, and after Harris 

passed Barcroft, Barcroft shot at Pastor Iseminger. Barcroft turned, pointed the 

gun at Harris, and said “go, go.” Tr. Vol. II at 119. Harris ran outside and 

called 9-1-1. As he ran, he heard two more gunshots. Harris then saw Barcroft

leave the church and walk or jog along the building, cross the street, and go

between two houses. Pastor Iseminger came up the exterior stairs, yelled for 

help, and collapsed on the ground. Lisa Walden, an attendee of the workshop, 

had been asleep in her car in the church parking lot when she heard the 

gunshots. Walden saw Pastor Iseminger fall to the ground, and she saw a 

woman dressed in all black walk away quickly. Walden rushed to help Pastor 

Iseminger while Harris talked to the 9-1-1 operator.

[6] Officers from the Southport and Indianapolis Metropolitan Police Departments, 

along with paramedics, responded to the 9-1-1 call. After they obtained a 

description of Barcroft and learned the direction of her flight, Officers John 

Czankusch and Daniel Ryan used a police dog to search for her. The dog 

alerted to an area about a block from the church that was overgrown with 
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vegetation. Barcroft was hidden under a blanket of vegetation in such a manner 

that the officers could only see some red fabric from her clothing or backpack. 

Officer Czankusch later testified that Barcroft was so well-hidden that the 

officers probably would not have found her without the police dog or unless 

they had actually stepped on her. Officer Ryan ordered Barcroft twice to come 

out. Barcroft did not respond to the first command. When he made the second 

command, Officer Ryan told Barcroft that he would shoot her if she did not 

come out or if she did not show her hands. Barcroft then crawled out from 

under the vegetation and Officer Czankusch placed Barcroft in handcuffs. 

Officer Ryan asked Barcroft if she had a gun, and Barcroft said she did and 

informed him that the gun was in her jacket pocket. At the time of her arrest, 

Officer Ryan described Barcroft’s demeanor as “very quiet and calm” and 

cooperative. Id. at 65. Detective Michael Mitchell arrived at the scene, and 

Barcroft volunteered to him, “I’m the one you’re looking for.” Id. at 142. 

Detective Mitchell also described her demeanor at the scene as calm. Officers 

soon learned that Pastor Iseminger had been pronounced dead at the hospital

from a gunshot wound to his chest.

[7] Officers took Barcroft into custody and placed her in an interview room. 

Detective Mitchell entered the room, told Barcroft to have a seat, and informed 

her that he was conducting an investigation. Detective Mitchell read Barcroft

her Miranda rights. Detective Mitchell did not ask any questions, but Barcroft

gave a lengthy narrative in which she admitted that she had shot Pastor 

Iseminger. 
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[8] During her statement to Detective Mitchell, Barcroft disclosed a complex and 

extensive system of beliefs and delusions that experts later diagnosed as 

schizophrenia, paranoid type, or delusional disorder, persecutory type. 

According to her statement to Detective Mitchell, the delusions began around 

1999 or 2000, when Barcroft took in a pregnant woman from Colombia. When 

the woman’s baby was one year old, Barcroft traveled to Colombia for the 

baby’s baptism, where she met the baby’s father, whom she said was named 

Rafael Medina. She often called him “R” or “Rafa.” Add. at 7. Barcroft

believed that this man controlled most of the world’s cocaine and was the 

wealthiest man in the world. Barcroft said that in 2007, R asked her to marry 

him, which made her a “Class KK, uh, 9-9-5-5-7-7” in the Colombian mafia 

and also pitted Barcroft against his enemies, which included the family of 

Presidents George H.W. and George W. Bush. Id. According to Barcroft, the 

Bush family was allied with the Mexican mafia and was involved in cocaine 

and human trafficking. Barcroft thought the Bush family had asked Osama Bin 

Laden to commit the September 11, 2001, terrorist attacks and had tried to kill 

President Barack H. Obama in order for Jeb Bush to take over the White 

House. Barcroft stated she had twice intervened to save President Obama’s life. 

Barcroft also said that R had a network of spy satellites and that they were 

being watched at that moment. Barcroft further stated that President George 

W. Bush and Ambassador William Brownfield were “slaughtering the

handicapped in Columbia. They handicapped the babies[,] and they human 

traffic.” Id. at 8. They also put Barcroft up for an “electronic auction.” Id. 
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[9] Pastor Iseminger was an integral part of Barcroft’s delusional scheme in that 

she thought he was controlled by the Bush family and the Mexican mafia. In 

particular, in her statement to Detective Mitchell Barcroft stated that Pastor 

Iseminger was responsible for the death of her father in 2010. Although her 

father’s official cause of death was congestive heart failure, Barcroft claimed to 

have received a message that Pastor Iseminger had caused her father to be 

smothered to death. Barcroft also believed that Jeb Bush had killed her 

grandmother and that the Bush family and Pastor Iseminger had caused her 

grandson to be infected with Kawasaki disease. Barcroft further said that 

Pastor Iseminger had been lying about her to make people hate her and have 

her appear to be of a lower class than she was to get her killed. 

[10] During her statement to Detective Mitchell, Barcroft further stated: 

Ah, uh, what happened is, uh, Jaman, who I shot, he, um, 

basically is the cause of all of this. And he’s 4. Nobody else can 

do this but me. I’m 5. And what he’s been doing is uh . . . I’m 

not a killer, by the way, but I’m the only one (chuckling) that can 

do it. 

Id. at 8 (ellipses in original). She went on to state that

I’m the only one that could take care of Jaman. That’s the 

reason why I did it. It wasn’t even vengeance for . . . I mean, he 

was gonna try to pick off my family one by one. Not himself, the 

people that, that act for him. And I was basically told that, uh, 

since he’s 4A . . . Bush family is 4A . . . [.] And he’s not Mafia 

O, by the way. He’s Z. Uh, and I’m Mafia O. I’m the only one, 

uh, I’m top “O” Queen. 
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* * *

They want me dead. So they lie, lie, lie, and lie. Jaman’s a big 

part of it. 

Id. at 11 (some ellipses in original).

[11] Near the end of her statement, Detective Mitchell told Barcroft, “you 

understand that you have to be arrested for this . . . .” Id. at 15. Barcroft

replied, “I do understand that.” Id. She further stated: “I actually planned on 

not getting caught[,] but I did.” Id. Barcroft continued, “And like I said, I’m 

not some sort of murderer or anything.” Id.

[12] Barcroft’s mental health records showed that she had been seen at Midtown 

Mental Health in Indianapolis intermittently between 2004 and 2006 and again 

between 2008 and 2010. At that time she was diagnosed with attention deficit 

hyperactivity disorder and prescribed Adderall, although the experts who

evaluated her in the instant case had reviewed her mental health records and 

believed that her symptoms were more suggestive of psychosis. Her records 

also reflected that, in 2007, Barcroft presented at Halifax Medical Center in 

Florida and was seen in the psychiatric ward where she claimed to have 

hitchhiked from Indiana. Barcroft was dehydrated, and she was afraid federal 

agents were pursuing her. Despite those paranoid symptoms, Barcroft did not

meet Florida’s standards for involuntary commitment and only stayed in the 

psychiatric ward for three days. After Barcroft’s arrest in the instant case, she 
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refused anti-psychotic medications and claimed that she did not suffer from a 

mental illness. 

[13] On May 21, 2012, the State charged Barcroft with murder and sought a 

sentencing enhancement for the use of a firearm. On August 29, 2012, Barcroft 

filed a motion for a competency and sanity evaluation. On December 14, the 

trial court found that Barcroft lacked the ability to understand the proceedings

or to assist in her defense, but the court subsequently reversed that 

determination. On November 16, 2016, Barcroft, who was represented by 

counsel, waived her right to a jury trial. The trial court held a bench trial on 

February 21 and March 1, 2017.

1

 

[14] During the trial, three expert witnesses testified: defense psychologist Dr. 

Stephanie Callaway, court-appointed psychologist Dr. Don Olive, and courtappointed psychiatrist Dr. George Parker. Dr. Olive and Dr. Callaway 

diagnosed Barcroft with schizophrenia, paranoid type, while Dr. Parker 

diagnosed her with delusional disorder. But each of the expert witnesses

concluded that Barcroft had a mental illness, and, based on that mental illness, 

she was unable to appreciate the wrongfulness of her conduct at the time she 

killed Pastor Iseminger. 

 

1

 The trial court held a bench trial on January 27 and March 5, 2014, and found Barcroft guilty but mentally 

ill on March 14. Barcroft appealed and this court reversed her conviction and remanded for a new trial. 

Barcroft v. State, 26 N.E.3d 641 (Ind. Ct. App. 2015).
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[15] Specifically, Dr. Callaway determined that Barcroft was mentally ill and could 

not appreciate the wrongfulness of her conduct. Prior to writing her report, Dr. 

Callaway did not review the medical records from the jail or the videotaped 

statement Barcroft made to Officer Mitchell. Instead, she relied on Barcroft’s 

medical and pharmaceutical records, an interview Dr. Callaway had with 

Barcroft, letters and notes that Barcroft had written, and an interview Barcroft 

had had with a social worker after the arrest. After she had written her report 

based on that information, Dr. Callaway then reviewed Barcroft’s videotaped 

statement to Officer Mitchell. In her testimony, Dr. Callaway testified that the

video “cemented my opinion.” Tr. Vol. II at 192. 

[16] Dr. Callaway testified that Barcroft’s delusions were driving Barcroft’s 

behavior. She stated that Barcroft had purchased a gun because “she [saw] a 

sign.” Id. at 208. Dr. Calloway also stated that Barcroft’s actions of hiding the 

weapon and not harming the witness were motivated by her delusion. Dr. 

Callaway further testified: “it also speaks to there’s [sic] a witness standing in 

plain sight, and she does this anyway. So to me, that speaks more to the fact 

that she doesn’t think it’s wrong versus . . . anything else.” Id. at 211. Dr. 

Calloway testified that Barcroft’s behavior when she fled and hid after the 

shooting was important. She stated that Barcroft “described being fearful that 

[Pastor Iseminger] was coming after her.” Id. Finally, she testified that 

Barcroft’s calm behavior after her arrest was consistent with her delusions

because “she thought it was absolutely legal, and she had the right to do what 
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she did. And so being calm and cooperative fits with that.” Id. at 212. Dr. 

Calloway testified that there was no evidence of malingering. 

[17] Dr. Olive also concluded that Barcroft did not appreciate the wrongfulness of 

her conduct at the time she shot Pastor Iseminger. In order to make this 

determination, Dr. Olive reviewed the videotaped statement to Detective 

Mitchell, the probable cause affidavit, records from the Marion County Jail, Dr. 

Callaway’s report, medical and pharmaceutical records, notes from the social 

worker, and Barcroft’s letters. In addition, Dr. Olive interviewed Barcroft, but 

she did not provide much detailed information to Dr. Olive. During trial, Dr. 

Olive testified that there was no reality-based explanation for why Barcroft shot 

Pastor Iseminger. He also testified that it is part of his training to look at an act 

that might appear rational to somebody who can appreciate the wrongfulness of 

her conduct and to put those actions in the eyes of somebody who acts under a 

delusion. He stated that nothing he had heard about Barcroft’s demeanor had 

changed his opinion that she could not appreciate the wrongfulness of her 

conduct. Dr. Olive also testified that he looked for signs of malingering, but 

even after he was told that Barcroft had almost obtained a degree in 

psychology, his opinion did not change. 

[18] Dr. Parker also determined that Barcroft could not appreciate the wrongfulness 

of her conduct at the time she shot Pastor Iseminger. Prior to writing his report, 

Dr. Parker reviewed the probable cause affidavit, jail mental health records, Dr. 

Callaway’s report, letters Barcroft wrote to the court, medical records, and a 

summary of meetings between Barcroft and the social worker. He also 
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interviewed Barcroft. Dr. Parker testified that he was “almost certain [Barcroft] 

was actively delusional at the time of the alleged offense” and “it is clear that 

Miss Barcroft’s delusions obviously affected her overall functioning, and in fact 

her behavior on the day of the alleged offense,” such that she could not 

appreciate the wrongfulness of her conduct at the time of the offense. Tr. Vol. 

III at 22. Dr. Parker further testified that Barcroft believed she was “justified 

and that she was not doing a wrong thing.” Id. at 24. 

[19] Barcroft’s counsel asked Dr. Parker about her behavior on the day of the 

shooting. In response, Dr. Parker testified as follows:

Well, you . . . have to understand that her behaviors are all 

driven by the delusions themselves. So if she’s convinced with 

complete certainty, absolute certainty, that she is the nexus of 

this complex grandiose delusional scheme which involves 

Columbian cartels, Mexican mafia, the Bush family, satellites in 

the sky, her family being at risk of being killed, herself at risk, 

well, then taking actions to keep yourself safe, to prevent harm 

from coming to you or your family, that becomes rational in that 

context. And so what looks like planning and preparation shows 

not that she’s disorganized; she’s organized. But it’s all driven by 

the delusional system. There is not a rational reason to do all 

that because she’s preparing for something that might involve 

shooting somebody. 

Tr. Vol. III at 46-47. Dr. Parker further testified that the evidence of Barcroft’s 

calm demeanor with police did not change his opinion as to her mental state at 

the time she shot Pastor Iseminger. He also stated that he saw no evidence of 

malingering. 
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[20] In addition to the expert witnesses, several lay witnesses testified, including 

Officer Ryan, Officer Czenkusch, Detective Mitchell, Harris, and Walden. 

None of these witnesses knew Barcroft prior to the day of the shooting and 

none of them testified as to whether she understood the wrongfulness of her 

conduct when she shot Pastor Iseminger. 

[21] The trial court found Barcroft guilty but mentally ill and convicted her of 

murder and the firearm sentencing enhancement. While, the trial court found 

that Barcroft “clearly” had a mental disease or defect, the court concluded that 

she appreciated the wrongfulness of her conduct at the time she shot Pastor 

Iseminger based on the following demeanor evidence: she had a motivation to 

commit the crime outside of her delusion because Pastor Iseminger advised 

Ashbury to have Barcroft move out of their home; she told a witness to leave 

the scene of the shooting; she planned the offense in advance; she waited for 

Pastor Iseminger; she found a place to hide after the offense that was so wellhidden the officers could only find her with the use of a police dog; and she told 

Officer Mitchell that she did not intend to get caught. Tr. Vol. III at 104. 

Thereafter, the trial court sentenced Barcroft to an aggregate term of fifty-five 

years in the Indiana Department of Correction with five years suspended to 

mental health probation. This appeal ensued. 

Discussion and Decision

[22] Barcroft asserts that the trial court erred when it rejected her insanity defense

and found her guilty but mentally ill based on its conclusion that she 

appreciated the wrongfulness of her conduct. To be convicted of a criminal 
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offense, the State must prove each element of the offense beyond a reasonable 

doubt. See Ind. Code § 35-41-4-1(a) (2017). Criminal responsibility can be 

avoided if the defendant can successfully raise and establish the “insanity 

defense.” Galloway v. State, 938 N.E.2d 699, 708 (Ind. 2010); see also I.C. § 35-

41-3-6(a). To successfully assert that defense, an individual must prove by a 

preponderance of the evidence: “(1) that he or she suffers from a mental illness 

and (2) that the mental illness rendered him or her unable to appreciate the 

wrongfulness of his or her conduct at the time of the offense.” Galloway, 938 

N.E.2d at 708. “Thus, mental illness alone is not sufficient to relieve criminal 

responsibility.” Id.

[23] We note that Barcroft asserted an insanity defense, but the trial court found her 

guilty but mentally ill. “A successful insanity defense results in the defendant 

being found not responsible by reason of insanity.” Kelley v. State, 2 N.E.3d 

777, 783 (Ind. Ct. App. 2014); see also I.C. § 35-41-3-6(a). However, “a 

defendant who is mentally ill but fails to establish that he is she was unable to 

appreciate the wrongfulness of his or her conduct may be found guilty but 

mentally ill.” Galloway, 938 N.E.2d at 708 

[24] Barcroft’s argument on appeal is that there was insufficient evidence in the 

record from which the trial court could have inferred that she was sane at the 

time she shot Pastor Iseminger, contrary to what the three experts determined. 

In particular, Barcroft asserts that the State failed to present sufficient evidence 

to show that she understood the wrongfulness of her conduct at the time of the 
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offense. As our Supreme Court has explained, we review such appeals as 

follows: 

Whether a defendant appreciated the wrongfulness of his or her 

conduct at the time of the offense is a question for the trier of 

fact. Indiana Code [S]ection 35-36-2-2 provides for the use of 

expert testimony to assist the trier of fact in determining the 

defendant’s insanity. Such expert testimony, however, is merely 

advisory, and even unanimous expert testimony is not conclusive 

on the issue of sanity. The trier of fact is free to disregard the 

unanimous testimony of experts and rely on conflicting 

testimony by lay witnesses. And even if there is no conflicting 

lay testimony, the trier of fact is free to disregard or discredit the 

expert testimony.

Because it is the trier of fact’s province to weigh the evidence and 

assess witness credibility, a finding that a defendant was not 

insane at the time of the offense warrants substantial deference 

from reviewing courts. A defendant claiming the insanity 

defense should have prevailed at trial faces a heavy burden 

because he or she is in the position of one appealing from a 

negative judgment. A court on review will not reweigh evidence, 

reassess witness credibility, or disturb reasonable inferences made 

by the trier of fact (even though more reasonable inferences could 

have been made).

Although this standard of review is deferential, it is not 

impossible, nor can it be. The Indiana Constitution guarantees 

“in all cases an absolute right to one appeal.” Ind. Const. art. 

VII, § 6. An impossible standard of review under which 

appellate courts merely “rubber stamp” the fact finder’s 

determinations, no matter how unreasonable, would raise serious 

constitutional concerns because it would make the right to an 

appeal illusory. As such, this Court has long held that where the 

defendant claims the insanity defense should have prevailed, the 
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conviction will be set aside when the evidence is without conflict 

and leads only to the conclusion that the defendant was insane 

when the crime was committed.

Galloway, 938 N.E.2d at 709-10 (footnote, citations, and quotation marks 

omitted).

[25] Here, the three mental-health experts unanimously agreed that Barcroft’s

mental illness made her incapable of appreciating the wrongfulness of her 

conduct at the time of the offense. There was no lay opinion testimony to the 

contrary. Nonetheless, where, as here, there is no conflict among the expert 

and lay witnesses, the trial court can still find a defendant sane at the time of the 

crime if there is probative demeanor evidence from which an inference of sanity 

can be drawn. See Galloway, 938 N.E.2d at 712. 

[26] Nevertheless, while demeanor evidence is often useful, “there are limits to its 

probative value.” Id. As our Supreme Court has made clear:

[D]emeanor evidence is of more limited value when the 

defendant has a long history of mental illness with psychosis. As 

the Court of Appeals previously explained[:] 

While the jury is the ultimate finder of fact, we fail to 

see how evidence of a defendant’s demeanor before 

and after a crime can have much probative value 

when a schizophrenic defendant is involved . . . .

* * *
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The proposition that a jury may infer that a person’s 

actions before and after a crime are “indicative of his 

actual mental health at the time of the” crime is 

logical when dealing with a defendant who is not 

prone to delusional or hallucinogenic episodes. 

However, when a defendant has a serious and welldocumented mental disorder, such as schizophrenia, 

one that causes him to see, hear, and believe realities 

that do not exist, such logic collapses . . . . 

Id. at 713 (quoting Moler v. State, 782 N.E.2d 454, 458-59 (Ind. Ct. App. 2003)) 

(omissions original to Galloway). Further, our Supreme Court stated that “as a 

general rule, demeanor evidence must be considered as a whole, in relation to 

all the other evidence.” Galloway, 9387 N.E.2d at 714. 

[27] Here, the trial court concluded that Barcroft appreciated the wrongfulness of 

her conduct at the time she shot Pastor Iseminger based only on demeanor 

evidence. In particular, the court’s conclusion was based exclusively on the 

following demeanor evidence: she had a motivation to commit the crime 

outside of her delusion because Pastor Iseminger advised Ashbury to have 

Barcroft move out of their home; she told a witness to leave the scene of the 

shooting; she planned the offense in advance; she waited for Pastor Iseminger; 

she found a place to hide after the offense; and she told Officer Mitchell that she 

did not intend to get caught. 

[28] On appeal, Barcroft contends that the trial court failed to consider the 

demeanor evidence in relation to all other evidence. She further contends that,

when the demeanor evidence is properly considered in relation to all other 
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evidence, in particular the unanimous opinions of the expert witnesses, the 

demeanor evidence does not support a reasonable inference that she was able to 

appreciate the wrongfulness of her conduct at the time of the offenses. In 

essence, Barcroft asserts that the evidence is without conflict and leads only to 

the conclusion that she was unable to appreciate the wrongfulness of her 

conduct at the time of the offense. We must agree. 

[29] In Galloway, the Indiana Supreme Court reversed the defendant’s guilty but 

mentally ill conviction for murder. The defendant in that case had a long 

history of mental illness. At his trial, the experts unanimously agreed that the 

defendant was insane at the time of the murder, and the testimony of the lay 

witnesses did not conflict with the testimony of the expert witnesses. In its 

opinion, our Supreme Court stated:

[The trial court] found as probative of sanity the fact that, over 

the course of an hour, the defendant shopped, ate, and filled a car 

with gasoline without incident. It also found as probative the fact 

that the defendant cooperated with police after the fact. Viewed 

in isolation, each of these events may indeed represent the 

normal events of daily life. However, when viewed against the 

defendant’s long history of mental illness with psychotic 

episodes, the defendant’s demeanor during the crime, as testified 

to by three eyewitnesses, and the absence of any suggestions of 

feigning or malingering, this demeanor evidence is simply neutral and 

not probative of sanity.

Id. at 715 (emphasis added). 
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[30] Galloway is on all fours with Barcroft’s case. Here, the trial court found as 

probative of Barcroft’s sanity the fact that she had a motivation to commit the 

crime outside of her delusion; that she told a witness to leave; that she planned 

the offense in advance; that she waited for Pastor Iseminger; that she found a 

place to hide after the offense; and that she told Officer Mitchell that she did not 

intend to get caught. “Viewed in isolation, each of these events may indeed” 

represent sanity in a person with no history of serious mental illness. Id. 

However, when viewed in light of Barcroft’s long-standing and complex 

delusional system, the unanimous opinions of the three experts, each of whom 

took Barcroft’s behavior during the incident into account, and in the absence of 

any evidence of malingering, the demeanor evidence relied on by the trial court 

simply had no probative value on the question of her sanity.

[31] Our opinion today is also consistent with our holding in Kelley, 2 N.E.3d at 786, 

where this court reversed the defendant’s guilty but mentally ill conviction for 

criminal confinement, three counts of battery resulting in bodily injury, and 

resisting law enforcement. In that case, the defendant had a documented

history of mental illness, there was no evidence of feigning or malingering, and 

both expert witnesses testified that the defendant was unable to appreciate the 

wrongfulness of her conduct. The defendant also had made a statement to the 

psychiatrist that she had told the victim’s father that he “knew what would 

happen.” Id. at 781. Following the incident, the defendant was originally calm, 

but she then began yelling for water and said she did not do anything. There 

was no lay witness testimony. 
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[32] The trial court based its judgment only on the demeanor evidence, namely, the 

defendant’s interaction with police after the incident and her statement to the 

victim’s father. On appeal, we held that the statement to the victim’s father that 

he knew what would happen may have indicated that the defendant understood 

the conduct, but it did “not necessarily indicate that she appreciated the 

wrongfulness of that conduct at the time of the action.” Id. at 786 (emphasis in 

original). Further, we held that the experts had already explicitly considered 

the statement to the victim’s father when they had unanimously determined 

that the defendant was insane at the time of the offense. Id. 

[33] As in Kelley, the experts in the current case had taken into consideration 

Barcroft’s demeanor when they unanimously determined that she was unable to 

appreciate the wrongfulness of her actions at the time she committed the 

offense. Specifically, Dr. Callaway testified that Barcroft purchased the gun 

because of “a sign” in her delusion, that she did not harm the witness because 

he was not a part of her delusion, that she fled and hid because she was fearful 

of Pastor Iseminger, and that she was cooperative with police because she 

believed she had done nothing wrong. Tr. Vol. II at 208. Based on that 

evidence, Dr. Callaway believed Barcroft’s behavior confirmed that she did not 

appreciate the wrongfulness of her conduct because she believed it was legal to 

shoot Pastor Iseminger. 

[34] Dr. Olive likewise testified that there was no reality-based explanation for 

Barcroft’s actions. He testified that the additional evidence of her behavior at 

the time of her arrest did not change his opinion that she did not appreciate the 
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wrongfulness of her conduct at the time of the offense. And Dr. Parker also 

testified that he was “almost certain she was actively delusional at the time of 

the alleged offense” and she thought she was “justified and that she was not 

doing a wrong thing.” Tr. Vol. III at 22, 24. He further testified that her 

behaviors were driven by the delusions themselves and that her behavior 

immediately after the shooting did not change his opinion about her mental 

state at the time of the offense. 

[35] The demeanor evidence relied on by the trial court was of no probative value 

due to Barcroft’s lengthy history of a mental illness, which includes complex 

delusions, and because the expert witnesses took into consideration the

demeanor evidence when they concluded that she could not appreciate the 

wrongfulness of her conduct at the time of the offense. The evidence that is of 

probative value is without conflict and leads only to the conclusion that 

Barcroft was unable to appreciate the wrongfulness of her conduct and, 

therefore, was insane at the time of the offense. Accordingly, we reverse the 

trial court’s judgment that Barcroft is guilty but mentally ill and remand for the 

trial court to enter a finding of not guilty by reason of insanity. 

[36] Reversed and remanded. 

Kirsch, J., concurs.

Brown, J., dissents with separate opinion.
Court of Appeals of Indiana | Opinion 49A05-1704-CR-844 | December 19, 2017 Page 21 of 23

I N T H E

COURT OF APPEALS OF INDIANA

Lori Barcroft,

Appellant-Defendant,

v.

State of Indiana,

Appellees-Defendants.

Court of Appeals Case No.

49A05-1704-CR-844

Brown, Judge, dissenting. 

[37] I respectfully dissent from the majority as to its finding that the evidence of 

probative value leads only to the conclusion that Barcroft was insane, or unable 

to appreciate the wrongfulness of her conduct, at the time of the offense. 

[38] The Indiana Supreme Court has noted that a “finding that a defendant was not 

insane at the time of the offense warrants substantial deference from reviewing 

courts.” Myers v. State, 27 N.E.3d 1069, 1074 (Ind. 2015) (citing Galloway v. 
Court of Appeals of Indiana | Opinion 49A05-1704-CR-844 | December 19, 2017 Page 22 of 23

State, 938 N.E.2d 699, 709 (Ind. 2010) (citing Barany v. State, 658 N.E.2d 60, 63 

(Ind. 1995))). Thus, when a defendant claims that an insanity defense should 

have been successful, the conviction will be set aside only “when the evidence 

is without conflict and leads only to the conclusion that the defendant was insane 

when the crime was committed.” Id. (quoting Galloway, 938 N.E.2d at 710 

(quoting Thompson v. State, 804 N.E.2d 1146, 1149 (Ind. 2004) (emphasis added 

in Galloway))). “[T]estimony regarding behavior before, during, and after a 

crime may be more indicative of actual mental health at [the] time of the crime 

than mental exams conducted weeks or months later.” Id. at 1076 (citing 

Thompson, 804 N.E.2d at 1149 (citing Barany, 658 N.E.2d at 64)). Even if there 

is no conflicting lay testimony, the factfinder is free to disregard or discredit the 

expert testimony. Galloway, 938 N.E.2d at 709 (citing Thompson, 804 N.E.2d at 

1149).

[39] Though it is undisputed that Barcroft is mentally ill, her demeanor, behavior, 

and statements before, during, and immediately after the crime, are probative 

and supportive of a reasonable inference of sanity. The trial court observed that 

she planned the murder and attempted to avoid culpability: Barcroft “lay in 

wait for [Pastor Iseminger],” “found a place to hide after the offense by the fact 

that it was so quick from the time that – and the police arrives at like one 

minute after the 911 call,” “scoped that out and knew there was a good place to 

hide,” and “talked to the detective,” stating “I had to take him out.” Transcript 

Volume 3 at 105-106. More importantly, the trial court determined that 
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at the same time, there exists a big separate and conflicting 

motivation to commit this crime. [Barcroft] was well aware of 

[Pastor Iseminger’s] ability to talk with her family and that – that 

– that [Pastor Iseminger] knew about what her family thought. 

And I believe the actions that she took that day were in response 

to that motivation. The motivation to avoid having to be 

somehow under an immediate detention to be reviewed for any 

sort of a problem that she was having. . . . [S]he’s well aware of 

the things that are oaky [sic] to do and things that aren’t okay to 

do. I think she just had an alternative mot – motive. And I’m 

persuaded by the alternative motion [sic]. . . . I think it’s easy for 

her to co-op [sic] things in reality into that delusion.”

Id. at 104, 106-107. This Court should not invade the factfinder’s 

determinations, and accordingly I would conclude that the trial court did not 

err in finding that Barcroft failed to prove her insanity defense. See Carson v. 

State, 963 N.E.2d 670, 678 (Ind. Ct. App. 2012) (holding that the evidence 

supported a reasonable inference that defendant appreciated the wrongfulness 

of his conduct and “therefore the evidence is not without conflict and does not 

lead only to the conclusion that [defendant] could not appreciate the 

wrongfulness of his actions,” and reviewing “a number of Indiana cases” where 

the appellate court has upheld the guilty but mentally ill convictions of 

defendants “claiming that he or she should have been found [not responsible by 

reason of insanity] on the basis of nonconflicting expert testimony”), trans.

denied. 

[40] For the foregoing reasons, I respectfully dissent and would affirm the trial 

court’s finding that Barcroft was guilty but mentally ill.