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Insanity Defense: John's Law Gives Vegas Mom Some Peace During Son's Murder Trial

By Yoka, published Oct 07, 2007
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Robbin Trowbridge Benko is delighted that her son's killer has a road map to freedom.

She won't be happy to see 24-year-old Michael Kane return to the streets. But after years of advocating for changes to Nevada's insanity defense laws, Benko finally saw passage of her bill in the last legislative session.

The law, which takes effect today, is expected to result in court supervision of Kane when he gets out of the state's facility for mentally ill offenders.

"This is going to make sure he is ready for society and society is ready for him," Benko, 45, said from her home in Chesterton, Ind.

Kane was charged with murder for killing Benko's son, 23-year-old John Trowbridge.

After taking the hallucinogen LSD, Kane repeatedly plunged an 8-inch dagger into Trowbridge during a video game session with friends. In September 2004, a jury found Kane not guilty by reason of insanity.

Kane was sent to the state's Lake's Crossing Center in Sparks. Nine months later, doctors there determined that he was no longer mentally ill as defined under state law. That meant Kane was eligible for release. A person found not guilty by reason of insanity can be held at Lake's Crossing only until they are determined to be no longer mentally ill.

Prosecutors were able to prevent Kane's release by bringing in other doctors who said Kane was still mentally ill. Still, Benko was horrified that Kane came so close to winning unconditional freedom so quickly.

Benko graduated from law school but put off studying for the Bar exam while she pushed to change Nevada's law. She recalled the day she learned in Indiana that Kane might be released: She compiled a list of Nevada lawmakers and the next day called every one.

"My strategy was first to let every legislator know that the law was flawed, the effect it was going to have on my case and the effect of future cases; but the biggest part of the strategy was to let them know, I'm not going away," Benko said.

Benko, an academic adviser and case manager for at-risk children in addition to being the mother of two other sons, ages 21 and 27, made about 20 trips to Nevada during her quest, starting with Kane's court hearings.

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