By Andy Furillo
It's official: the video-game-made-me-do-it defense doesn't fly in these here parts.
In an Oct. 14 published decision, the state's Third District Court of Appeal, which covers the Sacramento region, turned back the novel defense offered by Placer County man who was convicted of burglary, attempted robbery, evading the police and possession of a sawed-off shotgun.
Jaisen Lee Henning argued to the court that he should have been allowed to enter a plea of not guilty by reason of insanity for going sideways on July 7, 2007, after playing "Grand Theft Auto: San Andreas" for 10 hours. Adding to the equation: Henning's consumption over that time period of crystal meth, alcohol, Ecstasy, crack cocaine and magic mushrooms.
Henning argued to the appellate court that a "little green person" put a bug in his ear while he was at the "Grand Theft Auto" controls.
"It's time to do this," Henning imagined the voice telling him, according to the appellate court's decision that upheld his conviction in Placer County Superior Court. ""You can do this. Let's do this."
Henning then donned a black ski mask and stuck up a Days Inn motel. When an employee turned over his wallet containing $2, Henning noticed his car rolling down the motel's driveway, the 27-page decision said. He left the wallet, ran after the car and then got arrested after a high-speed chase.
Judge Charles D. Wachob sentenced Henning to17 years and four months in prison.
For the record, the three-judge appellate panel consisting of Acting Presiding Justice Cole Blease and Justices Ronald B. Robie and Rick Sims ruled that Judge Wachob blundered by not allowing Henning to enter the insanity plea and for refusing to get rid of the defendant's lawyer, who wouldn't enter the plea on Henning's behalf.
"However," the panel concluded, "both of these errors are harmless in light of abundant, uncontradicted evidence in the record demonstrating there was no factual basis for a finding of not guilty by reason of insanity."
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