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Shotgun-Wielding Attorney May Avoid Prison

By CHRISTIAN NOLAN

On the surface, Eric Witlin was a successful attorney.

A solo practitioner, he specialized in trusts and estates and was admitted to practice law in Connecticut and New York. He had an office in Stamford and sublet a second office at the Empire State Building.

Then last May he snapped, apparently under the pressures of an impending divorce. Witlin, now 40, fired shots at another driver and brought a gun to an argument at his estranged wife's house.

Now it appears there's a good chance he won't serve time in prison. In a rare use of the not guilty by "reason of mental disease or defect" defense, he instead may be committed to a psychiatric facility.

"After I met with him, I was like, 'Whoa, this guy has some serious issues'," said Witlin's attorney, Wayne R. Keeney of Bridgeport.

Keeney acknowledged that bar members have been leery of Witlin for a while because he was in a precarious mental state before his arrest. In fact, Keeney said Witlin's behavior was so erratic that he really didn't have any clients left.

Witlin's license to practice is temporarily suspended. Once his criminal case is resolved, the Statewide Grievance Committee will make a final recommendation. If he is suspended for more than one year, Witlin would have to reapply to the bar.

Last May, Witlin was driving toward the home of his estranged wife and 10-year-old son in Stamford when he smashed into a minivan. He got out of his car, shotgun in hand and fired two shots at the other driver, whom he did not know.

One shot went through the van's driver's side window. The uninjured driver then bolted from the van and took cover in a nearby yard. Witlin returned to his car, sped to his wife's home, went inside and began arguing with his wife. A neighbor overheard the dispute and called police.

At the time, police said that Witlin threatened his wife with the gun. But Keeney, his lawyer, said two doctors have determined that Witlin was experiencing a paranoid delusion which led him to believe his estranged wife was in danger.

Witlin was arrested for assault, attempted murder and about 15 other charges. He initially paid the $1.2 million bond by using funds from a trust account he oversaw for his grandmother at his law office on High Ridge Road in Stamford. That money has since been returned, state officials said.

The night after his release from prison, Witlin was spotted by a patrol officer walking near his wife's home, which violated a court order of protection. This time bond was set at $10 million, an amount he could not pay. A judge later ruled that Witlin should be held without bond. He has remained in custody since.

Witlin faces up to 25 years in prison if convicted of attempted murder. However, Keeney thinks there's a good chance his client will likely be judged not guilty "by reason of mental disease or defect" at a hearing May 14.

Psychiatrists for the defense and the state evaluated Witlin. Both determined that "he was suffering from a psychotic episode at the time" he shot at the minivan and had an altercation with his wife, Senior Assistant State's Attorney James Bernardi told the Law Tribune.

Bernardi said that at the May 14 hearing he would explain why the state brought criminal charges against Witlin. Both doctors will likely testify and then the court will make its determination regarding Witlin's mental state.

Keeney predicted that Bernardi would be "a pro" and not pursue the conviction and prison time but instead accept a ruling of not guilty by reason of mental defect or disease. That would allow Witlin to be civilly committed. The state Psychiatric Security Review Board could review Witlin's case every six months and determine if commitment is still necessary.

To be eligible for a mental defect defense, Keeney said it must be proven that the defendant did not have the mental capacity to know that, at the time the illegal act occurred, his actions constituted a crime. He said defendants who have hallucinations have a better chance of being successful with the defense.

When Witlin was going through the divorce, Keeney said, a mental health professional prescribed Prozac, a common antidepressant. Keeney said Witlin's psychotic episodes were likely the result of a Prozac side-effect causing hyper-aggressive behavior.

Thomas Ullman, New Haven's public defender, explained that not guilty by reason of mental disease or defect is Connecticut's version of the insanity defense. Ullman said the defense is used infrequently because, for one thing, defendants who voluntarily ingest illegal drugs and have hallucinations are not allowed to use the defense. The situation is different for Witlin, because he was using a prescribed medication.

Ullman, who has no role in the case but is president of the Connecticut Criminal Defense Lawyers Association, cautioned that early release from civil commitment "is like a rare bird." He said most often times the civil commitment period extends far beyond what a maximum sentence would be if a defendant had been convicted.

Keeney, the Bridgeport lawyer, hopes that's not the case here.

He said when he first met his client, Witlin was "difficult to deal with," but since getting help and appropriate medications, he has had an "amazing turnaround." Keeney said Witlin has taken responsibility for what he did and feels fortunate nobody was injured.

"He's smart, a gentleman, a very nice guy with a wry sense of humor," said Keeney, a former prosecutor in San Diego and New York City police officer. "I like the guy. I'd make it a point to look him up after this is over."•