Suspect in ABC-13 shooting undergoes mental health evaluation

HOUSTON (KTRK) -- Michelle Burks, the woman accused of firing multiple shots into the front of ABC-13 Studios, has been found insane at the time of the offence by a state psychologist. The finding is part of a comprehensive mental health evaluation requested by her defense attorney.

"They actually found she was competent to stand trial, but insane the time of the offense," said Skip Cornelius, the court appointed defense attorney for Burks.

Burks has remained behind bars since March 27th, when she allegedly fired multiple shots that hit the faade of the station, as well as several parked cars. Her mental health evaluation detailed some of the mental health concerns:

In a departure from standard defense attorney procedure, Cornelius asked the psychologists usually used by prosecutors to conduct this evaluation. It is a calculated risk, says ABC-13's legal analyst, but one that paid off.

"It's rare because most of the time the psychologists that are employed by the state will find people most of the time sane, it's rare they find people insane," said ABC-13 legal analyst Joel Androphy. "She has not only convinced a state psychologist she's insane, but most importantly, these are the people that the state relies upon."

We do not yet know whether prosecutors intend to get a separate mental health evaluation, and fight the insanity defense. However, both Cornelius and Androphy doubt that would occur.

"They found she's competent to stand trial. She understands the legal system and she can talk to me, but her thinking about what happened is not sane or rational," said Cornelius.

The likely scenario, says Cornelius, is that the state will accept this mental health finding and the legal process will go forward. If that indeed happens, then Burks will plead not guilty by reason of insanity then ask for a trial in front of a judge.

"This will go to a judge trial, it will be a quick trial, it will be a couple of hours, it would be a finding that she's not guilty by the reason of insanity, and she'd be immediately taken to a psychiatric facility," predicted Androphy.

After that, how long Burks will stay in a mental health institution will depend on how she improves, and whether the judge deems she could ever return to society.

"The judge would retain jurisdiction over her," said Cornelius, "It's going to depend on how she does in a mental institution. I think she really does need some help."

For now, Burks remains behind bars. Her attorney says he will advise her that the best place for her is behind bars, in jail, until she goes to trial. There is a hearing scheduled for Thursday morning, though for now, defense attorneys are uncertain if anything will happen at that hearing. The bottom line is this; neither her own attorney nor legal experts expect Burks to be out of custody any time soon.