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News (Media Awareness Project) - US MT: MacGregor Claims Involuntary Intoxication
Title:US MT: MacGregor Claims Involuntary Intoxication
Published On:2010-08-03
Source:Helena Independent Record (MT)
Fetched On:2010-08-05 15:00:50
MACGREGOR CLAIMS INVOLUNTARY INTOXICATION

A Helena man accused of shooting his wife and the couple's nanny told
a District Court judge Monday he was mentally incapacitated at the
time of the assault because he unknowingly ingested an intoxicant.

While Jeremy Steven MacGregor did not go into specifics during a
motions hearing, he did reference cookies laced with marijuana. It
was noted in the courtroom that those cookies did not come from
within the home.

"Is it going to be your defense that you were involuntarily
intoxicated?" asked Judge Jeffrey Sherlock.

"Yes," MacGregor responded.

MacGregor, 31, is now representing himself after dismissing his
public defenders. He submitted evidence to the court saying he tested
positive for marijuana when he was tested after the shooting. He also
has filed a motion of defense stating he was "not having a particular
state of mind."

MacGregor has not elaborated on his defense in the motions he has
filed in court. A jury trial for the two felony charges of attempted
deliberate homicide filed against MacGregor is slated for Aug. 16. A
jury may be drawn today if MacGregor can schedule a DNA expert to
examine evidence before the trial.

MacGregor had previously told the court he intended to bring forth
evidence of self-defense.

Since the April 15 shooting, MacGregor's 25-year-old wife, Jennifer,
and the couple's nanny, 63-year-old Betsy Mart, have both been
released from hospitalization. Court documents note both women
suffered life-threatening injuries in the shooting, which occurred
following a loud argument between the MacGregors.

Also during the hearing, prosecutors argued in support of allowing
testimony from the MacGregors' 6-year-old daughter, who was in the
house at the time of the shooting, to be held outside of the
courtroom. Making the girl come face-to-face with her father and
having him question her about the incident would cause the girl
trauma, according to Kathleen Shea, licensed clinical social worker.

Sherlock did not rule on the girl's testimony on Monday afternoon.

MacGregor remains in Lewis and Clark County jail in lieu of $100,000.
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