Hearing Due Mother Who Slew Children : Killings: Judge to rule in 90 days on future of Laguna Niguel woman declared insane after shooting two daughters in 1991.

A Laguna Niguel woman who was found insane after she shot and killed her two daughters in 1991 must remain in a state mental hospital for at least 90 days, a judge ruled Monday.

“I don’t think you’ll need to stay at Patton forever,” Orange County Superior Court Judge James A. Jackman told Kristine Marie Cushing, 41, whom he described as “a nice lady, an intelligent one,” who requires more counseling to identify and treat her mental problems.

Cushing was a Brownie troop leader and Sunday school teacher who by all accounts was devoted to her daughters, aged 4 and 8. She was seemingly a model mother--until she used a .38-caliber handgun to shoot the girls before turning the gun on herself and causing a minor wound to the head.

After being found not guilty by reason of insanity in February, 1992, Cushing was sent to Patton State Hospital. Despite conflicting recommendations by doctors, she was released to an outpatient program in Ventura County last July, Deputy Dist. Atty. Carl Biggs said.

In December, Cushing became delusional and was sent back to Patton after authorities feared she could be a danger to herself or others. Cushing maintains that she is no longer delusional and is ready to begin the transition to normal life.

Jackman ruled Monday that Cushing should remain at Patton for at least 90 more days, and said he will review her case in May.

He said the court must proceed carefully to move Cushing “back into the community in a productive way, because she and the community would benefit.”

Outside of court, Biggs said the case is a tragic one. He said the case underscores the difficult line the legal system must walk to ensure public safety while also trying to protect the rights of the mentally ill.

“It’s just a sad case all around,” he said.

The slayings shocked the community and revealed a side of Cushing that had been hidden from neighbors and friends.

Court records revealed that Cushing was under stress because of a heart condition and pending divorce from her husband of 17 years, Marine Lt. Col John P. Cushing Jr., a Gulf War veteran and commander of an El-Toro-based fighter jet squadron. He was away on a fishing trip at the time of the slayings.

She was also concerned about losing all health benefits after the divorce, and possibly even custody of her children.

Her defense attorney said Cushing suffered from a “psychosis” and “living in another dimension,” in which she believed her children faced torture and mutilation from a man she had imagined. She believed her children’s death at her own hands preferable.

After the shooting, Cushing called 911 and said: “I’m crazy, I shot my daughters, They’re upstairs,” and also told a nurse that she shot her daughters, Amy Elizabeth, 8 and Stephanie Marie, 4, because she was depressed.

Cushing’s defense attorney expressed concern that the antidepressant drug Prozac might have contributed to her actions. The drug has been cited in numerous civil lawsuits involving murder and suicides.

In a rare move, prosecutors at the time agreed to accept an insanity plea from Cushing, saying it would be an “injustice” to send her to prison. Biggs said Monday that prosecutors must now ensure that Cushing remains in a state mental hospital until she is no longer a threat to herself or others.