DAYTONA BEACH — Defense attorneys for a pregnant woman accused of driving her minivan into the ocean with her three children aboard has filed a notice of intent to rely on an insanity defense.
Ebony Wilkerson, 32, has been charged with three counts of attempted second-degree murder and three counts of child abuse. Wilkerson was arrested on March 7, three days after videos showed the van driving into the rough surf and rescuers rushing to help. According to sheriff’s reports, Wilkerson tried to hinder rescue efforts and the children said their mother was trying to kill them and was “acting like a lunatic.”
Wilkerson expects to prove schizophrenia and psychotic disorder, according to the motion filed by the Public Defender’s Office.
Public Defender James Purdy said on Monday that he has experts that will testify Wilkerson had a mental disease or defect that prevented her from knowing the difference between right and wrong at the time she is accused of driving her van into the ocean.
He said also that just because they had filed the notice it does not necessarily mean defense attorneys will seek an insanity defense.
“It is one of the potential defenses we can use. Not guilty is number one,” Purdy said.
But public defenders must file the notice to be able to use the insanity defense later if they wish. Typically, what happens next is that prosecutors will have their own expert examine the defendant’s mental state, Purdy said.
The motion filed by Assistant Public Defender Craig Dyer lists three experts who will show Wilkerson’s insanity: Dr. Jeffrey Danziger, Dr. James Moore and Harry Krop.
The experts for the defense and the prosecution will testify at a hearing, said David Smith, chief of operations for the State Attorney’s Office. A judge will then rule on whether the defendant is competent to go to trial, Smith said.
“Proceeding with an insanity defense is business as usual in the criminal justice system,” Smith wrote in an email.
Purdy said last week that Wilkerson is now in her eight month of pregnancy.
She remains at Halifax Health Medical Center where she’s been since March when jail officers said she struck herself in the stomach.
Purdy also said that if there is any decision to send Wilkerson back to the Volusia County Branch Jail public defenders would receive 24-hour notice to argue for her $1.2 million bail amount to be reduced.
Wilkerson was arrested on charges of attempted first-degree murder, but prosecutors filed lesser charges of attempted second-degree murder, which gives defenders a stronger argument to reduce her bail.
“So I would think that a bond reduction would be appropriate when we reach that point,” Purdy said.