Genetics in court gives killer a reduced sentence

[alexalonso]

This topic correspond to the post that can be found at http://www.streetgangs.com/street-gangs/121709_genes:By Alex Alonso (www.streetgangs.com)
December 17, 2009
Convicted Killer in Italy receives an amended sentence after judge hears persuasive genetic argument

Abdelmalek Bayout, an Algerian Muslim man was taunted by Walter Perez for wearing eye make-up. Bayout responded by stabbing Perez to death. Bayout who has been living in Italy since 1993 admitted to killing Perez in March of 2007. Defense attorney Tania Cattarossi argued that her client was mentally ill at the time of the murder. After hearing evidence about the presence of a "warrior gene" Judge Paolo Alessio Vernì, partially agreed that Bayout’s psychiatric illness was a mitigating factor and sentenced him to 9 years and 2 months in prison, three year less than the maximum sentence.

The evidence on one gene, known as MAO-A (monoamine ozidase A) an enzyme that breaks down chemicals in the brain and linked to research that suggests this gene influences violent behavior, aggression and gang violence was discovered in Bayout.

Some forensic scientists and geneticists question whether the scientific evidence supports the conclusions reached in the psychiatric report presented to Judge Reinotti. “We don’t know how the whole genome functions and the [possible] protective effects of other genes,” says Giuseppe Novelli, a forensic scientist and geneticist at the University Tor Vergata in Rome. Tests for single genes such as MAOA are “useless and expensive”, he adds.

This case is believed to be the first one where genetics have influenced the outcome of a sentence.