Jury rejects Marshawn Giles' plea of insanity

MADISON, Wis. -- The jury in the trial of Marshawn Giles found the man guilty one final time Tuesday, unanimously rejecting a defense's plea of not guilty due to mental defect.

Giles' defense plead not guilty for reason of insanity (NGI) for some of the charges, effectively calling for phase two of the trial, in which the defense has the burden of proving to the jury that Giles cannot be held to the same legal standards as someone mentally sound.

In April of 2022, Giles sexually assaulted and killed a his now ex-girlfriend's 20-month-old daughter and physically abused her other children.

Witnesses brought to the stand by the defense testified that Giles spent time at Lincoln Hills Youth Prison years ago, before being admitted to Mendota Mental Health Institute due to reports of self-harm.

A recorded history of mental illness is a standard in NGI trials, in which the jury must decide if the defendant had a mental defect or disease at the time of the crime. If so, the jury must determine if the defendant was either able to understand the wrongfulness of their actions or change their actions to abide by the law.

Only five-sixths of the jury is required to decide on a verdict in an NGI trial. If successful, the defendant will serve time in a secure mental institution as opposed to a standard prison.

In Giles' case, however, the defense is only pleading mental defect on some of those 15 charges, meaning the man will likely face two separate sentencings.

In their closing argument, the defense alleged that Giles was acting strange during the time of the crimes, citing the ex-girlfriend's statement to police that the man was "tweaking" and a string of unusual behaviors leading up to the homicide.

"People act strange for all sorts of reasons," said the state's attorney during their closing argument, refuting the defense's implications that said strange behavior is evidence for insanity.

The state and the defense wrapped up closing arguments at 3:11 p.m. Tuesday and handed the case over to the jury.

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