Southwell

Facts

Kenneth Southwell was accused of starting a fire at the Heart Seed Company of Fairfield, Washington, a company with a significant interstate business, and was charged with malicious use of a fire to damage property used in interstate commerce. See 18 U.S.C. § 844(i). Southwell pleaded not guilty and, in the alternative, not guilty by reason of insanity.

Consistent with 18 U.S.C. § 17, the jury was instructed that “[t]he defendant must prove insanity at the time [of the offense] by clear and convincing evidence—that is, that it is highly probable that the defendant was insane.” The jury was also provided with the following verdict form: “We, the Jury, find the defendant, Kenneth Southwell ________ (Guilty/Not Guilty/Not Guilty Only by Reason of Insanity) of the charge in the indictment.” The presiding juror was instructed to write the jury’s unanimous verdict in the blank.

The jury was also instructed as follows: UNITED STATES v. SOUTHWELL 16911 You may unanimously reach one of three verdicts: “guilty,” “not guilty,” or “not guilty only by reason of insanity.”

If you unanimously find that the government has proven each element of the offense beyond a…