A killer found criminally insane in 1971 should be released from a state mental hospital while the Idaho Supreme Court considers whether he remains a threat to society, his lawyer contends.
Court-appointed attorney David Parmenter told 6th District Judge Lynn Winmill on Tuesday that Kermit Nielson no longer is mentally ill, although he still has an anti-social mental disorder.
“There’s a bunch of people running around with that diagnosis,” Parmenter said. “It’s not that big of a deal.”
But Bannock County Deputy Prosecutor Deb Lantermo and state Deputy Attorney Brent Asay argued that it was in the best interest of “judicial economy” to let the Supreme Court rule before considering any other release requests.
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