"Delusional, paranoid and unpredictable": Defense in Marshawn Giles trial plead not guilty by reason of insanity

Last Updated: April 29, 2024 at 11:07 a.m.

MADISON, Wis. -- The second phase of the trial of Marshawn Giles began Monday.

The Madison man was found guilty Friday for killing and sexually assaulting a toddler in 2022. Giles pleaded not guilty by reason of insanity.

“It’s clear that something was off with Marshawn… making him delusional, paranoid and unpredictable," said Giles' defense during opening statements.

On Friday, after almost a week of emotional testimony and approximately an hour and a half of deliberation, the jury found Giles guilty on 15 counts including first-degree intentional homicide, first-degree child sexual assault, child abuse and several counts of battery.

For the jury to find Giles not guilty by reason of insanity (NGI), it would need to determine that at the time of his crimes, Giles lacked capacity to either appreciate the wrongfulness of his conduct or conform his conduct to the requirements of the law.

In the state's opening statement, the council recounted statements Giles made to police the morning of April 25, 2022, the day the toddler died.

"Every dog has his day, the tables always turn," the state's attorney alleged Giles stating, arguing that the statements were made by someone with complete awareness of their actions.

Five-sixths of the jury must agree to the verdict of not guilty by reason of mental defect. If agreed on, Giles will be admitted into a psychiatric institution as opposed to a standard prison. If not, he will serve a typical prison sentence for his 15 charges.

When an NGI defense is involved in a trial, the trial is split into two phases as the defendant must first be objectively proven guilty before the jury may speculate about mental status.

The toddler's mother took to the stand again Monday, this time to testify not about the actions that resulted in her daughter's death, but about the nature of Giles' behavior leading up to his crimes.

Judge Mario D. White anticipates handing the case to the jury by Tuesday or Wednesday.

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