Insanity verdict in slaying of Bartlett man

Planning a murder and lying in wait for the victim. Handling bullets with a cloth so as not to leave fingerprints. Disassembling the murder weapon, an SKS semiautomatic assault rifle, and throwing its parts and ammunition into Lake Michigan and a Wisconsin river. Wiping down the inside of the van used in the commission of the killing and disposing of the clothes he wore at the time.

It all suggests a level of cognition only a sane person could effect, some would say, and James Masino did all those things on Sept. 14, 2006, when he shot to death James McNally, a Bartlett stay-at-home dad his widow Barbara described as everyone's friend.

But James Masino isn't sane. Not according to Dr. Peter Lourgos, a forensic psychiatrist, who testified before Cook County Associate Judge Marcus R. Salone during Masino's fitness hearing Tuesday and the discharge hearing that followed it.

A discharge hearing is a kind of mini-trial mandated by state law after a defendant has been declared mentally unfit to stand trial for one year. The discharge hearing may result in a verdict of not guilty, not guilty by reason of insanity or rarely a "not, not guilty," the equivalent of a guilty verdict in a criminal case. Masino's discharge hearing concluded Wednesday at Chicago's Criminal Courts Building with Salone pronouncing Masino not guilty by reason of insanity.

A distraught Barbara McNally left the courtroom disappointed and still afraid that Masino - whose delusions and irrational fixation cost her husband his life - might transfer those fixations to her or her children, endangering them.

During the hearing, McNally sat with squared shoulders that spoke of a toughness and determination honed over two frustrating years spent trying to get justice for her husband. Although the insanity verdict could result in Masino spending 45 years to life in a state mental institution, McNally worries that her husband's killer might someday win a petition for off-site visits, which she believes may place her children in danger.

"It's a travesty that the law makes it so easy for a person to be found not guilty by reason of insanity or be diagnosed with a mental illness," she said, her voice catching. "If he outlives me, our children will have to be back in court to represent our interests.

"He's currently housed in Elgin (at the Elgin Mental Health Center). It's seven miles from my doorstep," said McNally, who asked lead prosecutor Marilyn Hite-Ross that Masino be treated elsewhere. Hite-Ross will make the request but said the final decision rests elsewhere.

"I don't care whose responsibility it is; it has to be done for the safety of my children," said McNally, who said she feels victimized a second time by the process.

"It's a sad, tragic case," acknowledged lead defense attorney Marvin Bloom in his closing. "It's certainly sad and tragic for what happened to Mr. McNally. It's also a sad case for Mr. Masino, who is a prisoner of his own delusions. There isn't any question as to how deep-seated these delusions are."

Hite-Ross disagreed, stating in her closing that Masino's actions were those of someone who appreciated the criminality of his conduct.

In pronouncing his verdict, Salone relied heavily on the expert testimony of Lourgos, of Cook County's Forensic Clinical Services division, who testified Masino "lives in a delusional world" in which he is the target of a CIA-sponsored domestic assassination squad sanctioned by President George Bush. Masino believed McNally - a father of three who left his construction job to stay home with his children - was going to torture and kill him, said Lourgos.

Three times, Lourgos pronounced Masino, who sat expressionless with his hands clasped through most of the proceedings Tuesday and Wednesday, unfit to stand trial. At a fourth examination to determine Masino's sanity, Lourgos determined Masino suffered from a delusional disorder of the persecutory type that impairs his ability to appreciate the criminality of his conduct, which constitutes the legal definition of insanity. Lourgos called the condition a major mental illness from which Masino "is unlikely to be restored." Masino has not responded to the anti-psychotic medication his doctors have prescribed. The state's expert witness, psychiatrist Stafford Henry, agreed with the diagnosis.

On her cross-examination, assistant state's attorney Hite-Ross suggested that Masino's organized and methodical behavior, including discussing with Lourgos that an insanity verdict would keep him out of jail, indicated he knew his actions were criminal.

Lourgos disagreed, saying someone with a delusional disorder still has the capacity for organized behavior. Moreover, Masino's actions seemed to him reasonable in light of his belief that the CIA was trying to kill him. In fact, he was surprised at his arrest by Bartlett police because he believed he acted in self-defense.

After the verdict, both prosecutors and defense attorneys agreed Masino will likely spend many years institutionalized.

"It's what we expected," said Bloom. "In all likelihood, he'll be at Elgin for many, many years."

If Masino is ever found fit, he could be retried, but "the likelihood of that happening is not good," said Bloom. "He could spend the rest of his life in a mental facility. "

Insane: Killer thought he was target of CIA plot