Woman declared insane in mom's murder may be released

A Crystal Lake woman declared not guilty by reason of insanity for her elderly mother's 2001 slaying could soon go free from a state mental health facility.

Doctors at the Elgin Mental Health Center are asking a McHenry County judge to consider granting Alice E. Bair, 68, a conditional release under which she would live on her own, but remain under the supervision of the state Department of Human Services.

"She would still be under their control, but be able to live in an apartment, or somewhere else off grounds," said Bair's attorney, Senior Assistant McHenry County Public Defender Richard Behof. "She has complied with what they've asked her to do. Her behavior has been within their guidelines."

If let out of state custody, Bair likely would continue receiving treatment on an outpatient basis and her freedom could be revoked if she violates the conditions of her release.

Philip Hiscock, criminal division chief for the McHenry County State's Attorney, said the prosecutor's office would oppose Bair's conditional release.

"We just don't think it's appropriate at this point in her treatment," he said.

The office, he added, will consider seeking an independent psychological evaluation of Bair before a scheduled Sept. 29 hearing on her request.

The push for Bair's conditional release comes nearly eight years after Judge Sharon Prather - the same judge who will hear the new request - found the Crystal Lake woman not guilty by reason of insanity after a brief trial.

Testimony indicated Bair was undergoing a psychotic episode when she beat her 88-year-old mother, Margaret Bair, and sat on the elderly woman's chest during a dispute over a dog inside the defendant's home. Margaret Bair, a retired schoolteacher, died as a result of multiple rib fractures and collapsed lungs, according to the evidence.

Before the murder, Alice Bair had a long and extensive history of mental illness that included periodic hospitalizations dating back to 1975, evidence showed.