Jury to decide on man's sanity
Sean HarkinsA jury will have to decide whether a 36-year-old Alpena man was insane at the time he allegedly made false report or a threat of terrorism.
Last month, the Alpena County Prosecutor's Office did not accept a plea of not guilty by reason of insanity for Mitchell Tulgetske, even though a report from the state forensics center stated he was insane at the time of the alleged crime.
Tulgetske was arrested in March after threats he is accused of making were discovered on the Internet.
The threats stated he was going to interrupt the gas and water supplies to the City of Alpena. There were reportedly also threats toward local media outlets and other organizations.
During a police search of Tulgetske's house after the arrest, several assault rifles and large amounts of ammunition were found.
Judge Theodore Johnson bound Tulgetske over to 26th Circuit Court on Tuesday, where he had previously appeared before the prosecution refused the not guilty by reason of insanity plea.
The prosecution could have another psychological exam done on Tulgetske, though that is a costly option.
"We haven't made the decision of whether or not we are going to pursue a second opinion," Chief Assistant Prosecutor Judi Twarozynski said.
The state forensic center's report found Tulgetske was insane at the time of the offense but competent to stand trial.
On Tuesday, Michigan State Police Trooper Ed Adamiak and radio personality Mary Thurston testified.
Thurston had discovered the threats after Tulgetske's requested her to be a friend on MySpace, a social networking Web site. Upon viewing the page, she found alleged threats to the city's infrastructure and media outlets.
Defense attorney Michael Lamble said the threats were non-specific and do not constitute a threat of terrorism charge.
Lamble said the not guilty by reason of insanity verdict makes a lot of sense in the case.
"The state's own experts have determined that he should be not guilty by reason of insanity," he said.
He also said it is a misconception that if that verdict is reached the defendant is let free, when actually they are committed to a mental institution and stay for an observation period before a recommendation to release them or require them to stay for treatment is made.
"People have the assumption that person is turned out to the street... but that's not what happens," Lamble said.
No trial date was set, but an August date is possible, he said.
Sean Harkins can be reached via e-mail at sharkins@thealpenanews.com or by phone at 358-5688.
