Judge Orders Preliminary Psychiatric Exam for Massip

The judge who declared that Sheryl Lynn Massip was temporarily insane when she murdered her infant son ordered Friday that she undergo a preliminary psychiatric review to help determine whether she should be confined to a state mental institution.

Orange County Superior Court Judge Robert R. Fitzgerald also used the opportunity to mount a public rebuttal of the attacks on his extraordinary decision 6 weeks ago to overturn the jury’s murderverdict in Massip’s case to find her not guilty by reason of insanity.

In his ruling Dec. 23, Fitzgerald said that the new mother was suffering from postpartum psychosis, a severe form of the “baby blues,” and thus was not responsible for her actions when she ran over her 6-week-old son with the family Volvo April 29, 1987. As a result, she could in theory spend up to 11 years in a state mental institution.

Fitzgerald’s surprise decision sparked an appeal, now pending, by county prosecutors and also fear from others in the legal community who worried that it signaled an unwarranted expansion of judicial power. The decision also brought the judge more than 60 letters, some of which sharply attacked his position and called for his removal from the bench.

On Friday, Fitzgerald answered his critics publicly for the first time. In an unusual statement from the bench, he broke from the legal questions before him regarding Massip’s future and lashed out in an occasionally caustic tone at those who have questioned his decision to acquit Massip.

In response to those who have challenged whether there is such a disorder as postpartum psychosis, Fitzgerald said, “it’s my belief that you’re simply not paying attention to the current medical knowledge.

“And to the people that think I should step down, I tell you a resounding ‘no.’ I won’t do that.” Fitzgerald, a Superior Court judge since 1980, is up for reelection in 1992.

The judge’s remarks drew applause from the friends and family of Massip. Alfredo Massip, her ex-husband, did not attend. Alfredo Massip served Sheryl with divorce papers shortly after her arrest and had urged that she be punished harshly for his son’s death.

Later in the proceedings, the judge ordered county health professionals to complete a preliminary review of Massip’s mental condition by the end of the month. But Massip’s attorney, Milton C. Grimes, persuaded Fitzgerald not to order Massip into custody, which is the standard procedure for such criminal insanity cases.

‘Able to Live My Life’

Massip, 24, has been free on $50,000 bail since shortly after her arrest. She was living in Anaheim at the time of the murder, but she now lives in La Palma with her mother.

Massip said after the judge made his ruling Friday: “I don’t see where (county health professionals) would find anything wrong at this time. . . . I’m able to live my life, and I don’t feel that I am a menace to myself or a menace to society.”

Fitzgerald agreed. He said in an interview after the session ended that in his view, Massip poses no threat to society. “I don’t have any concern of her going out and killing any children,” he said.

The decision to have county health professionals examine Massip brings her a step closer to finding out whether she will have to spend any time in a state mental institution.

Over the next several weeks, a team of psychiatrists and other medical personnel will review all material on Massip’s case and interview her on an outpatient basis, said Frank Madrigal, program manager for the county’s correctional mental health division.

Past, Current Health

In forming their recommendations to the court, Madrigal said, health professionals will take into account both Massip’s current mental state and her condition at the time of the killing.

One to three of every 1,000 new mothers are thought to be afflicted with the disorder, researchers say. Symptoms are said to include intense anxiety, delusions, hallucinations and even violent behavior.

Usually, when the county completes such a preliminary examination on a criminal defendant, the defendant is remanded to the state mental health system for a further examination of up to 6 months. At the end of that examination, it is determined whether further incarceration is needed.

Defense attorney Grimes has said he intends to argue upon Massip’s return to court March 10 that she should not have to spend any time in a state mental institution.

Grimes said after the hearing that Massip today is clearly sane. He made the same contention in his argument to Fitzgerald that Massip should not be in custody while the preliminary exam is conducted.

‘Bad Experience’ in Jail

In an interview after the ruling, Grimes said: “She had a bad experience in the Orange County Jail, so (the prospect of future incarceration) bothered her, and I know it’s been on her mind.”

Massip said that she believes that she is recovering well on her own and that she does not need to be incarcerated by the state. “I’ve learned to live with what happened on April 29, 1987.”

On that day, Massip tried to throw her infant son into oncoming traffic, then hit him over the head with a blunt instrument. She finally ran over him with the car, then stuffed his body into a trash can. She initially told police that the baby had been kidnaped at gunpoint by a mystery woman with red hair.

Massip appeared healthier and more composed Friday than she did when the court proceedings began more than 4 months ago. Although she is still depressed at times, Massip said, the psychiatric and hormonal treatment she is receiving has helped her and she is now eating and sleeping well.

Her stepmother, Cindy DeLano of Rowland Heights, smiled as she looked at Massip and said: “She’s a lot better than she was. . . . She’s getting well--she’s almost completely well.”