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Man Held in White House Gunfire Incident to Use Insanity Defense

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From a Times Staff Writer

The young Colorado man accused of spraying the White House with automatic rifle fire last October will assert a defense of insanity when he goes to trial in March, his lawyers said in court papers filed Friday.

Francisco Martin Duran, 26, is facing 15 federal charges, including attempted assassination of President Clinton, even though officials said the President was inside his living quarters and never was in any danger. The attempted assassination charge carries a maximum penalty of life imprisonment.

Duran’s lawyer, Leigh A. Kenny, an associate public defender, did not disclose details of Duran’s intended defense. However, under revised federal law following the acquittal of John W. Hinckley Jr. for attempting to assassinate former President Ronald Reagan in 1981, the defense now bears the burden of proof for showing that the defendant was insane.

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Kenny said only that she “intends to introduce expert testimony relating to a mental disease or defect” at the time of the alleged offense.

Duran has been held without bail since the Oct. 29 shooting, in which he fired more than 25 shots from the sidewalk in front of the executive mansion before being subdued by nearby tourists and Secret Service officers.

At the time of Hinckley’s trial, prosecutors had the burden of showing Hinckley was sane, that he could determine right from wrong and that he could control his behavior.

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