Man Who Fatally Beat Uncle Innocent by Reason of Insanity

A judge determined Friday that an Encino man committed second-degree murder when he beat his uncle to death with a baseball bat, and then ruled that he was not guilty by reason of insanity.

Douglas Hartman, 23, had pleaded not guilty by reason of insanity in the July 28, 1989, slaying of his uncle, Arthur Hartman, a 57-year-old Calabasas dentist.

The attack occurred when several members of Douglas Hartman’s family had attempted to persuade him to go to a psychiatric hospital for treatment of longstanding problems with manic depression.

Douglas Hartman had run away from the family’s Encino home when guards came to take him to the hospital. When he returned hours later, there was a confrontation in which he struck his mother, sister, aunt and uncle with the baseball bat, according to testimony.

In a two-part trial, Van Nuys Superior Court Judge Darlene Schempp first found Hartman guilty of second-degree murder, dismissing defense claims that the beating was unintentional or was committed in self-defense.

The judge, who heard testimony from psychiatrists who had treated Hartman, then ruled that Hartman was insane at the time of the offense.

In a third phase of the case, Schempp must now determine whether Hartman remains a danger to himself or others. Hartman was placed in a state mental hospital after the slaying but has since been released to his parents and takes medication to control his illness.

If Schempp decides Hartman is a danger, she can order him returned to the mental hospital. The judge scheduled a hearing for Thursday.

Hartman’s attorney, Mark E. Overland, was pleased with the verdict.

“In effect, he was acquitted in the killing,” he said.

A spokesman for the victim’s family said he, too, was pleased with the judge’s ruling because Schempp found that the attack on Arthur Hartman was unwarranted.

“That was very important for us to hear,” said Jeff Cukier, the victim’s son-in-law.

“We all agree that he was insane,” Cukier said. “We never wanted him to go to jail. We want him to get help and be locked up in a hospital.

“He is a very dangerous boy.”