PCR granted in Christopher Pittman's case
Christopher Pittman, who was convicted in 2005 of the murders of his grandparents Joe and Joy Pittman, was granted post conviction relief in the circuit court today, based on his trial lawyers' failure to pursue a plea agreement where he could have pled guilty to voluntary manslaughter and potentially received a lighter sentence.
In 2004, a year after the trial, federal drug authorities began requiring Zoloft and other antidepressants to carry "black box" warnings — the government's strongest warning short of a ban — about an increased risk of suicidal behavior in children, but not about potential homicidal risks.In the hearing last year, Pittman took the stand for the first time, saying his chief attorneys — lawyers who specialized in suing pharmaceutical companies — told him they were convinced the jury would blame Zoloft for the killings. He also said they never told him jurors in South Carolina could both blame the drug and find him guilty of murder.
"I wasn't told even if Zoloft was a part in my crime, I still could be found guilty and I was looking at 30 years to life. With the plea bargain, I could have gotten a lot less," he said then.
Young agreed, citing Pittman's testimony and pointing out that defense attorneys also didn't tell a lawyer appointed as Pittman's guardian ad litem about the possibility of a deal.
"It is clear Pittman's Defense team did not appreciate how unlikely the 'Zoloft defense' would result in an acquittal of Pittman for the murders," Young wrote. "As a result, it is clear the Defense team did not seriously pursue negotiations for a plea to voluntary manslaughter."
If he had pleaded guilty to voluntary manslaughter, Pittman could have been sentenced to anything from two to 30 years in prison, at the judge's discretion. With a murder conviction, he faced a mandatory minimum of 30 years in prison, with no possibility of parole.
This case was a travesty because Pittman was not only suffering from mental illness, but was 12 years old at the time of the incident and yet he was tried as an adult - despite the horrible facts in the case, there is no real dispute as to whether a 12 year old's mind is fully developed. Waiver of juveniles from the family court to the circuit court is an area where the law lags woefully behind the available science.
PIttman's case became known as "the Zoloft trial," because his attorneys unsuccessfully pursued a defense which showed that the side effects of the anti-depressant Zoloft caused him to become manic and contributed to his actions.
The ruling of the PCR judge in the circuit court will probably be reviewed by the South Carolina Supreme Court - unlike a criminal trial, the state has the right to appeal the result of a PCR hearing.
More on Christopher's story can be found at christopherpittman.org and at the Juvenile Justice Foundation's website.
Comments
Question if the state appeals this as they claim they will what is the process? I am from Michigan but have followed Christopher's case for a long time and agree with the poster that this case was a travesty of justice from its outset.
Posted by: Steve Schofield | July 27, 2010 9:15 PM
The appeal goes directly to the S.C. Supreme Court. If they affirm the grant of PCR the case will be remanded to the original trial court. If they reverse the grant of PCR then the conviction stands.
Posted by: BFrederick | July 27, 2010 11:14 PM
It would absolutely sicken me if the Supreme Court of South Carolina overrules the circuit court judge of the PCR hearing. Who are the goons even appealing this?? It's barbaric. This kid will have served 10 years by the time he gets out. There are sex offenders who diddle children and get out after three years!! Come on South Carolina. It's bad enough your system gave this kid 10 years. You don't think he's had enough suffering? Heartless soul-less barbarians. We're watching this one all the way up in Canada.
Posted by: Lili Zwart | July 31, 2010 3:26 PM
They need to retrial him as a juv. or commute sentence to or drop it to time served
Posted by: David | August 14, 2010 12:22 PM
So many aspects of Christopher's case were unjust - he was questioned without a parent/adult representative/attorney present; he was 12 years old and tried as an adult; he was incarcerated for several years before he was tried then when he DID go to trial, the jury saw a tall teenager (about 16) instead of the small 12-year-old child who committed the crime, and the list goes on. The cards were stacked against Chris from the beginning. This young man deserves to either get a new trial or be set free with timed served as his complete sentence. It wasn't Chris who killed his grandparents, it was the drugs in his system which were given to him by adults. I live in SC and this whole ordeal leaves a black mark on this state.
Posted by: Candice Brown | September 4, 2010 12:27 AM
according to what I just read Chris took a plea deal earlier this month and as near as I can tell it has him serving 12 more years. However, the conviction in this case is for voluntary manslaughter not 2nd degree murder so I believe he would be eligible for parole.
Posted by: Steve Schofield | December 18, 2010 1:25 PM
To say that anti depressants do not cause adverse reactions in a youth is a lie. I was put on anti depressants in high school because of severe depression by a doctor. They would give me a roller coaster of emotions sometimes I would be perky and normal and feeling fine. Then times I wanted to lash out and harm anyone near me. Then be crying my eyes out and feeling like my soul was black and I was death. I wrote much of my feelings in poems which would show my mind view. Some of "death" where I would talk about causing harm or how "it" following me. It shocked my parents to find out what was really going on in my head when I finally spoke of it. But many times I had violent thoughts. Could I control them? Not always. One counselor at the school realized I had issues and gave me a phone number for crisis control and I tell you I used it more than once. I thought I was a freak and that perhaps it was all my fault. Over time the doctors said "we just have to find the right one for you" and would swap me from anti depressant to anti depressant. Increase dosages to decrease them. It can happen to adults to. I think the drug makers would honestly fight to say "the drug does not do that" because they do not want a lawsuit for not giving proper warning. But lets put it this way. Why would a normal kid go suicidal, to where she fights people just because she can't feel pain? That would be me back then. I wanted to fight.. I would hunt for people to fight.. I wanted a reason to fight and I did not feel pain. I was not on drugs, the anti depressant was the only thing I had been taking. I remember things were like a dark dream to me. Even nights I would look into the mirror and see a dark face glaring back like a silouette. It seemed "unreal". I was 15 when I started taking the anti depressants and I am 41 today. I still take anti depressants. But I honestly feel they are not geared for kids, but geared for adults. I don't see the dark shadows anymmore. I don't hunt for people to fight anymore. I don't feel the numb pain like I did where it was like the dark dream. But that did not start changing right away.. not till I was in Mid 20's before it stopped playing on my mind and I felt I had control of ME again. I know I did not have control before then and to be honest I feel very lucky when I was in my "hurting others" frame of mind that I did not commit murder. I probably could have. I carried knives and whips, a metal bat I had removed the end to and filled the tip with cement so it would come down harder and even held a broken bottle at someone wanting to gouge their eyes out of them. They never turned me in.. none of those I hurt ever turned me in. I think they were scared and frankly in my dark dream state, I was scared too too. I was scared of me, but I could not control me and I could not stop. I wish I could tell those I scared how sorry I am for my behavior back then but I don't even remember who all I did it to. They are just shadows in my mind but I know it happened because friends would tell me I did it. The drug manufacterers need to be accountable for this medicine reaction. I am sure there are more like Christopher and myself out there. I did not murder but I had it in me to do so when I was in High School and on those meds. I thought I was just a freak of nature.. but it later came out that the medicine I had been on, that over half the population could not take it. That either it helped or you'd end up in phsycotic episodes. Well I was one it did not help. And when I would describe how it made me feel they would say "It just needs to build up in your system. Just keep taking it" Now I see more and more "problems" coming up with them such as causing birth defects in pregnacies, to side effects being added to as more appear. Well this is a side effect on youths. Did they factor in the HORMONE factor?? Kids bodies are changing at that age and emotions are tied largely into hormones. Christopher would have been going into puberty and his hormones would be going haywire around then..Add that to a drug with side effects and you got a deadly mix. My emotions were darkest when my hormones were their highest. Which for a girl was PMS. For a boy I would not know when his run rampant but it seems the experts certainly have not factored that, have they? I hope this helps. I know he will have more control of himself as he gets older and the hormones settle but giving a child or youth the anti depressant without proper tested on "youth hormones and their reaction to the drugs" and saying nothing like that would happen is a crock on the part of the manufacturer. I would be curious to know how many children they have tested this on and in what stages in their lives. Far as I know they usually test adults not the minds, bodies and hormone fluxes of a child or youth. Otherwise why would they have allowed a child like me PROZAC at 15. Knowing 50% of the population could not handle it. So they think "Let's give it to a hormone ridden youth with suicidal tendacies" I was put on WELBUTRIN it left me on the rollercoster too. Paxil started working but by then I was in college and my hormones were in check and my body able to accept anti depressants. This factor needs deeper study and as for Christopher, He is not the only youth to ever feel the fog from anti depressants. You have a mindset to know you did it.. but you don't have the ability to stop it because you feel like its a dream. Things were foggy..at times I tried to convince myself I did not do it. And yes.. I heard the "voices" tell me to hurt and inflict pain. I felt invincible. I never heard voices before the medicine. But I would talk outloud to them when I was on it. The voices went silent to me in College. I don't have them now. I am not on a anti-psychotic. Never have been. I have never been diagnosed Schitzo. I was diagnosed as chronic depressive. I don't know who is working on Christopher's case but I can certainly say with no doubt that in my youth it did not give me "control" of my emotions it would shoot a roller coaster of reactions and all of them would be unpredictable. I only just learned of Christopher and his case by seeing his story otherwise I'd have come forth sooner. I hope this helps. I am not proud to tell of my past but I also know I am not that person anymore too.
Posted by: Dawn Nash | March 18, 2011 7:13 PM