Florida’s Attorney General James Usmeyer, alongside local lawmakers, is advocating for the impeachment of a judge who acquitted a woman based on an unprecedented insanity plea linked to COVID-19.
Miami-Dade Circuit Judge Miguel de la O cleared Precious Brand of two manslaughter counts and one attempted murder charge. She was accused of drowning her 15-month-old daughter and attacking her husband and another child.
Brand’s defense argued that she was suffering from a mental disorder triggered by the pandemic, which impaired her understanding of her actions. They claimed she was hallucinating and thought she was meant to baptize her family.
During the distressing 2021 incident, Brand reportedly shouted about the impending apocalypse and its connection to the coronavirus, according to statements made by her husband to police.
The police report indicates that Brand instructed one of her children to grab a knife, but that child was unclear about why. Following a struggle with her husband, Brand fled with her other children, fearing for her safety. Police found her baby unresponsive in a bathtub when they arrived.
Judge de la O chose to side with the defense, ultimately acquitting Brand of all charges and allowing her to return home, pending further assessments. Usmeyer criticized the decision, finding it problematic.
“A judge, not a jury, accepted an insanity defense for a woman who drowned her baby, citing reasons tied to the coronavirus. This is not acceptable,” Usmeyer remarked in an interview, expressing his intention to collaborate with Congress on potential impeachment initiatives.
He also suggested reviewing the actions of other judges in Florida, indicating a broader concern regarding judicial accountability. “We need judges to exercise their authority responsibly. This ruling could set a dangerous precedent,” he suggested, claiming it part of a worrisome trend of judicial overreach.
Brand’s attorney, Larry Handfield, defended the ruling, suggesting it was a landmark case in recognizing the mental health impacts of the pandemic. He highlighted that Brand had served in the military and was leading a different life before the pandemic struck.
As the legal discourse continues, a forensic psychologist has been appointed to assess whether Brand’s condition necessitates involuntary treatment, with another hearing set for July 6 regarding her treatment options. The judicial circuit has refrained from commenting on the ongoing case due to ethics rules.
