The lawyer representing the Horsham Township mother who six months ago allegedly strangled her 11-year-old son to death with a belt while he slept is considering mounting an insanity plea in her defense at trial, according to The Mercury.
Defense attorney Eugene P. Tinari is considering "waging an insanity or mental infirmity defense” for Ruth DiRienzo-Whitehead, 51, he told The Pottstown Mercury at her arraignment Wednesday in Montgomery County Court of Common Pleas on charges of first- and third-degree murder in the alleged April 11 incident that resulted in the strangulation death of Matthew DiRienzo-Whitehead.
DiRienzo-Whitehead, supported by at least six friends and relatives, waived her arraignment and entered not guilty pleas to all charges, per the report.
Her trial is set for Feb. 12, 2024.
Ruth DiRienzo-Whitehead, accused of using belt to fatally strangle her 11yo son, declines to comment on homicide charges or her defense strategy as sheriff’s deputies escort her from #MontcoPa courtroom after her formal arraignment hearing. pic.twitter.com/NvNYhJuCce
— Carl Hessler Jr. (@MontcoCourtNews) October 18, 2023
"As I said from the beginning of this case, this has always been about why this happened, not any other issue as far as the facts of the case are in dispute,” Tinari told The Mercury. "It’s always been about mental health, and it will continue to be that going forward at the trial.”
In the eyes of the Commonwealth, someone is diagnosed insane when that person suffers from "a mental defect that prevents them from knowing right from wrong” or not realizing the consequences of their actions.
According to The Mercury:
A person who is determined to be not guilty by reason of insanity at trial initially would be committed to a mental health facility for treatment and receive periodic evaluations.
Once that person is deemed "cured” of mental illness they would be released from supervision with no requirement to serve any jail time. Under state law, a person found guilty but mentally ill at a trial lacks substantial capacity either to appreciate the wrongfulness of their conduct or to conform their conduct to the law as a result of a mental disease. Such a conviction recognizes the incident was a product of criminality but also serious mental illness.
A person found guilty but mentally ill is sentenced to prison but is evaluated to determine if they suffer from mental illness and if so the offender receives treatment. When that person is deemed to have the mental illness under control, the offender must serve the balance of any sentence in prison in the general population.
According to the report, prosecutors will not seek the death penalty if DiRienzo-Whitehead is convicted of first-degree intentional murder, as confirmed by Assistant District Attorney Lauren Marvel.
The accused faces life in prison if convicted at trial of first-degree murder; if convicted of third-degree murder, one acted with malice, she faces 20 to 40 years in prison. Read more on the arraignment here.
Tinari told FOX29 in April that DiRienzo-Whitehead "snapped under the weight of mental illness.”
"I am now fully convinced that this is a tragedy solely as a result of her mental health and illness," Tinari said in the FOX29 report. "There is no other explanation, a sane person would never do this."
The father of the victim discovered Matthew’s body inside of the master bedroom of their home around 7 a.m. on April 11. The door to the bedroom had been locked, and his wife — identified as DiRienzo-Whitehead — was no longer on location and her vehicle was missing, according to investigators.
Police said the body of the boy showed ligature marks on the front and rear of his neck, indicating he had been strangled to death. An autopsy listed the boy’s cause of death as ligature strangulation and his manner of death as homicide, according to officials.
The investigation revealed the boy had gone to bed with his mother around 9:30 p.m. on April 10, which the father noted was not an uncommon occurrence, police said. Once the boy fell asleep, DiRienzo-Whitehead allegedly killed him then drove her SUV to Cape May, NJ, where she proceeded to drive the vehicle into the ocean just off Beach Avenue, according to investigators.
DiRienzo-Whitehead then began walking towards Wildwood Crest, where she was taken into custody and interviewed by police, according to the release.
In an interview with Montgomery County Detectives, DiRienzo-Whitehead stated her son had been crying off and on all day over financial difficulties that their family was facing. She then allegedly confessed to strangling him with her husband’s belt in order to spare him from growing up with financial struggles, according to charging documents.
Tinair told FOX29 that there was no history of child abuse or neglect, and he believed his client had snapped.
"If she were not mentally ill, you and I would not be having this discussion right now," Tinair said in the FOX29 interview.
See also:
Judge Orders Mental Health Evaluation for Horsham Mother Accused of Killing Son
Mother Accused of Killing Son in Horsham was Suffering from Mental Illness, Attorney Says
Horsham Mother Charged with Murder in Death of 11-Year-Old Son
Police Investigating After Father Finds 11-Year-Old Son Dead in Horsham Tuesday Morning
