April 26,1996
Kurt confesses to shooting his father.He can provide no reason for the shooting,except to deccrobe the violent behavior he has exhibited since being prescribed PROZAC Thirteen days eariler.Kurt describes slapping his girlfriend, getting into a fight with his bestfriend, and purposely crashing his truck into a stone wall hours before the shooting.
After disabling his truck, Kurt wrote bizzare messages on his broken windshield with permanment marker.Kurt describes these messages as a physical representation of what it was like inside of his head at the time.
April 29,1996
Investigatiors contact Eli Lily Corporation, the manufacturers of PROZAC, with regards to obtaining information concerning the effects of PROZAC.The investigator is referredto an attorney, not a researcher or a doctor, who states that "the subject medication would not cause aggressive behavior"
July 5,1996
A psychiatrist, employed by the prosecution, issues a report stating" Numerous well contolled studies have been done toinvestigate the potiential for PROZAC contributing to violent behavior and these studies have not shown any valid correlation between the use of PROZAC and violent behavior"
February 7,1997
During a court hearing, witnesses decribe Kurt's violent behavioral changes while taking PROZAC.
October 9,1997
Kurts attorney Mr.Ackourey meets with Kurt at the county jail where Kurt has been incarcerated for 18 months. During this meeting Mr.Ackourey informs Kurt that there is no evidence avalable to support the claims that PROZAC could cause violent behavior and that Kurt should plead guilty to third degree murder. Kurt refuses.
Mr. Ackourey produces graphic crime scene photograhics. These photographics include images of Kurts fathers body at the scene of the crime and during autopsy. Kurt is left alone ina room with these images. When Mr. Ackourey returns, Kurt is sobbing. Mr. Ackourey informs Kurt that if he refuses to plead guilty his family will be forced to view these images at trial and that the only way he can aviod causing them the pain would be to plead guilty.
Kurt agrees to plead guilty and is immediately driven to the courthouse to enter a formal guilty plea.
In spite of being informed that Kurt is under the influence of two major tranquilizers (usually prescribed to schizophrenicpatients) , Kurts plea is accepted by the court.
November 20,1997
During his sentencing hearing, Kurt is permitted to address the court and his family. He uses the opportunity to express his remorse and apolizies to his family. He also holds steadfast to his assertion that he was not in control on the day of the shooting. He states "If I was in control that day , it would never have happened ". Kurt is sentenced to 22.5 to 60 years years in a maximum security prison.
April 20,2003
Kurt recieves an expert opinion from Daniel H. Marks,MD,PHD, informimg him that PORZAC can cause violent behavior, Dr. Marks also indicates that ELI LILY's statement to investigators and the report from the prosecutor's psychiatrists "are inaccurate statements and go against a wide body of scientific literature to the contrary.
May 23, 2003
Kurt files an appeal, Pro se, alleging newly discovered evidence, unlawfully induced guilty plea, and ineffective assistance of counsel.
July 22,2003
The same judge who sentenced Kurt to 22.5 to 60 years in prison denies Kurt's appel as "untimely" The court futher opines that a " Prozac defense " does not exist in the Commonwealth"
August 19,2003
The Supreme court of Pennsylvania notes that the defense of involuntary intoxication is available where " unexpected intoxication results from a medically prescribed drug" Commonwealth V Smith 831A 2d 636 (Pa. Super 2003)