Judge Koester Takes Ruling in Schmitt Case Under Advisement

Judge Kimberly Koester Friday took under advisement the case of Effingham native Gary Schmitt.

Schmitt was ruled not guilty by reason of insanity in October 2012. He had been charged with the murder of his father, Jack Schmitt of Effingham, in June 2010 and with the stabbings of Jodi Harris and her daughter, Lauren Huntington, at their residence in Edgewood in January 2011.

Schmitt is being housed at the Andrew McFarland Mental Health Center in Springfield. The evaluations throughout his time there have been good and Schmitt's attorney filed a request last December asking that Schmitt be transferred to a group home setting in Springfield. At a hearing in June, Effingham County State's Attorney Bryan Kibler asked for an independent evaluation of Schmitt and that evaluation came back with basically the same findings as were being shared by the Department of Human Services, that Schmitt was ready for a less restrictive environment.

The medical professionals who testified that Schmitt has been a model patient said he has been in compliance since they began working with him. Testimony indicated that in the new program, Schmitt would have the potential to leave the facility on his own for up to six hours at a time. They also testified that Schmitt has maintained his medical treatment regimen without fail. The testimony was that the medication Schmitt takes is good for two weeks and would then wear off within four to six weeks if he didn't take it, but that Schmitt has never attempted to fight his need for medication.

The nature of Schmitt's crimes, though, are a chilling counterpoint, which is why Kibler Friday argued against Schmitt's transfer.

During the June hearing, Judge Koester made that same point, saying, "We know his failure to maintain his medicine regimen is the biggest factor in this case."