By Nancy Huddleston, Correspondent

Asperger's syndrome was brought forth as a possible defense in the Craigslist murder case by defense attorneys during a hearing this week.

Attorney Alan Margoles said that Michael John Anderson has been diagnosed with Asperger's syndrome and was "laboring under it" so that he "didn't know the nature of his actions or that they were wrong.”

Anderson, 20, of Savage, is accused of first-degree murder for allegedly killing Katherine Ann Olson, 24, in his parents’ home at 12649 Kipling Ave. in October of last year. Police say Anderson used a fake Craigslist ad to lure Olson to his home and subsequently shot her in the back. He then put her body in the trunk of her car and drove it to the nearby Rudy Kraemer Park Preserve and also disposed of her purse and broken cell phone, plus a bloody towel with his name written on it, in Warren Butler Park.

At the start of the hearing on Nov. 19, Margoles told Judge Mary J. Theisen he will be submitting a report from Anderson’s doctors confirming the Asperger’s syndrome diagnosis to use in a mental illness defense. This week’s proceedings were a continuation of a contested omnibus hearing that started Sept. 24.

At the conclusion of the hearing, the judge ordered Anderson to undergo a court-ordered psychiatric examination in response to the notification of the mental illness defense and said it must be completed in 60 days.

Asperger's syndrome is a developmental disorder that affects a person’s ability to socialize and communicate effectively with others. People with Asperger's syndrome typically exhibit social awkwardness and an all-absorbing interest in specific topics.

According to an article in the Boston Globe in 2007 about a murder case there involving a teen with Asperger’s syndrome, the Autism Society of America reported there have been 22 cases since 2002 in which convictions were avoided in part because of an Asperger’s syndrome diagnosis.

Trial date

Judge Theisen set a trial start date of March 16 for jury selection and March 23 for when the case will get under way. “This will be a bifurcated trial where we will first be determining guilt and then the mental illness defense,” she said.

A bifurcated trial is when one judicial proceeding is divided into two stages in which different issues are addressed separately by the court.

The judge also mentioned a scheduled memorial service for Olson on April 26, 2009, noting there have been concerns raised to her that publicity about the event might impact the ability to seat a fair and impartial jury.

“I want the family to do whatever it wants,” the judge stated, “If there is a legal concern about this then it needs to be raised to the court. I think it’s best to have the trial as soon as possible so that we don’t impact the family’s plans.”

Theisen also said if a change of venue is being considered, she wants a motion in two weeks so that she has ample time to take it under consideration.

Hearing details

During this week’s hearing, attorneys questioned a representative of Craigslist, a representative of the Minnesota Attorney General’s office and three police officers about the case.

At the conclusion of the hearing, Judge Theisen not only ordered the psychiatric exam, she also set forth a schedule for the rest of the case.

Defense attorneys have until Dec. 3 to submit a brief regarding the constitutionality of the administrative subpoenas used to gather evidence in the case. If Theisen rules the administrative subpoenas are constitutional, defense attorneys say they are contesting certain ones; specifically those signed by representatives of the Minnesota Attorney general’s office and if they were authorized to sign them.

Once defense attorneys have submitted those briefs, then prosecutors have two weeks to review them.

Theisen said she expects to take everything under advisement by Dec. 31 and then rule on the motions from the defense. 

The judge ruled on Nov. 12 against the defense team about issues brought up during the Sept. 24 hearing. The issues concerned the propriety of the initial entry and seizure of the Anderson’s home, the length of time the home was seized prior to search warrants being signed and executed, Anderson’s seizure and arrest and Anderson’s statements to police. Theisen denied all motions to suppress evidence gathered during this part of the investigation.

Craigslist information

Clint Powell, a representative from Craigslist, detailed how the online classified advertising service works and was asked specifically about the user agreement and the privacy clause in that agreement.

Defense Attorney Robert Speeter objected to evidence presented by prosecutors saying the agreement a user views on screen is different than the printed out version presented to the court. He also argued that most people do not read the user agreement before agreeing to it and expect a level of privacy from the company in terms of sharing their information.

Powell testified the user agreement’s privacy clause specifically says that information gathered by Craigslist could be shared with law enforcement officers if subpoenas or search warrants are presented to the business.

Powell also detailed that Anderson’s Craigslist user account and his AOL e-mail account were used to post a babysitting job.

Detective Todd Beck of the Scott County Sheriff’s Office testified there were 21 responses to the ad, including one from Olson’s e-mail. He said the ad was created on Oct. 22, 2007 and removed by the person who posted it a few days later.

Special Agent Donald Cheung, a forensic examiner with the Minnesota Bureau of Criminal Apprehension (BCA), said he examined the computers seized from Anderson’s parents’ home. On one of those, he found temporary Internet files that were generated from Craigslist and said the last time someone logged into the Web site was to remove the babysitting ad on Oct. 24.