Mental Illness Affects Punishment of Would-Be Dallas Terrorist

November 20, 2010

Approximately one year ago, Hosam "Sam" Smadi parked a truck under Fountain Place office tower in downtown Dallas. He left the truck in the parking garage, walked away and entered a number into a cell phone. He expected the explosives in the truck to destroy the office building -- and kill approximately 2,000 people. Instead, he was arrested by the FBI and told that the explosives were fake.

In October 2010, Smadi was sentenced to 24 years in prison for attempted use of a weapon of mass destruction. Although the sentence may seem severe, it could have been longer if the judge had not accepted the plea agreement. The judge considered Smadi's mental state, among other factors, in accepting the agreement and determining the sentence.

Smadi's Story

As a teenager in Jordan, Smadi saw his father beat his mother; his father testified to this during his son's sentencing hearing. His father also recounted abusing his son, saying, "I used my hand, I used a stick, I hit him with a chain. I tried to choke him with my hands."

Tragedy continued for the young Smadi. His mother died in 2006 of brain cancer. When she passed away, he tried to hook her up to the hospital machines to revive her. After she was buried, he often slept on her grave.

At the age of 16, Smadi went to live in the United States. First he lived in California, then Texas. It was in Texas that he caught the FBI's attention by writing angry messages on an Internet message board.

Claims of Mental Illness

At Smadi's sentencing hearing, the defense presented Smadi's psychiatrist, who has diagnosed him with schizophrenia and dissociative disorder. The psychiatrist testified that Smadi has amnesia; out-of-body experiences; feelings that things aren't real; hallucinations; and delusions. Smadi's attorney argued that he was confused about whether the bomb plot was even real.

While living in Jordan, Smadi did not see any mental-health professionals. His father told the court that he did not seek psychological help for his son because of the social stigma.

Although the prosecution's mental-health expert testified that Smadi did not suffer from mental illness, Smadi has been medicated for schizophrenia and depression since his arrest.

What This Means for People Accused of Crimes

If you or a loved one has been charged with a crime, seek the assistance of an experienced attorney. This is exponentially more important if the accused suffers from mental illness. In Texas and other states, mental illness can be a defense to a crime or serve to mitigate a sentence.

People who suffer from mental illness bear a unique burden -- one that may seriously affect their behavior in ways they cannot control. Even previously undiagnosed mental illnesses can change criminal defense strategy, determination of guilt, and sentencing.

Article provided by Scott H. Palmer, P.C.
Visit us at www.scottpalmerlaw.com