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Who Killed Jan Cruz

John S. Cruz at trial Friday

. . . with lawyers Lisa Monet Wayne (left) and Charlene Reynolds

After 91/2 hours of deliberation, a jury Friday found that John S. Cruz was insane when he killed his common-law wife in 1991.

The jury of six women and six men rendered its verdict shortly before noon. Cruz’s lawyers embraced when division clerk Laura Medina read the verdict. Prosecutors displayed little reaction.

Cruz sat with his head cocked to one side, looking downward. One of his lawyers, Sharlene Reynolds walked to Cruz and crouched slightly toward him.

“John, do you understand?” Reynolds whispered. “Do you understand?”

Cruz nodded yes, but continued to stare intently at the floor.

Cruz was charged with the first- degree murder of Lucille Archuleta, between Jan. 2 and Jan. 4, 1991.

Judge Alex Martinez ordered Cruz’s immediate commitment to the Colorado Mental Health Institute at Pueblo. He will remain there until doctors and a judge deem that he is no longer a threat to the community.

An early release for Cruz, 44, is unlikely. He was convicted of murder in 1977, for the 1976 shooting of his third wife, Dora. He served 10 years in prison for that murder. In 1972, he attacked a girlfriend with an ice pick while being held at the state hospital for observation.

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One psychiatrist said during the trial that Cruz killed the two women because of “pathological jealousy.” Several mental health professionals at the trial testified that Cruz was a faker and they thought he was legally sane when he stabbed Archuleta to death in their tiny Downtown apartment.

Cruz sent a letter to Archuleta’s mother, Paula, that arrived the day Lucille’s body was found. In the letter, Cruz seemingly apologized for killing Archuleta and said he and Archuleta would rest in peace.

When Cruz was discovered, ly ing on a bed near Archuleta’s body, he was nearly comatose from an overdose of a mood-elevating drug. Police believe the episode was a murder-suicide attempt.

The defense countered with Cruz’s mental history, which included 13 diagnoses of schizophrenia or schizophrenic-like symptoms over the years. That, and the evidence of several psychotropic drugs prescribed for Cruz – drugs that each expert said would only be prescribed to a mentally ill person – seemed to lead the jury to its verdict.

The long and convincing testimony of the last psychiatrist to treat Cruz before the killing, Dr. Susan Middleton, also persuaded the jury to find Cruz insane, a juror said after the trial ended.

“Dr. Middleton’s testimony helped me the most,” said juror Francine Rosenthal.

“Middleton’s testimony was the strongest in my mind,” said jury foreman Lee Stockman. “She worked with him prior” to the death.

Middleton said she thought Cruz was insane at the time his wife was killed. She noted that a week before the killing he was becoming more agitated with life and she prescribed increased medication.

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Rosenthal and Stockman said the jury was split almost evenly on its first vote, which was 7-5 to find him insane. Rosenthal said it was the jury instructions that led to the verdict, because the 12 members followed them so closely.

Stockman said it was reasonable doubt than led him to believe that Cruz was insane. “It was the strongest argument.”

Rosenthal said her biggest fear is how long Cruz will be kept in the state hospital. “You can’t project the future,” she said.

Prosecutor Karrick Burrows, who along with the other lawyers in the case did an impressive job with a massive load of evidence and complex legal and medical issues, was disappointed with the jury’s findings.

“I just hope he doesn’t get out and commit another murder,” Burrows said.

Reynolds and Cruz’s other lawyer, Lisa Monet Wayne, were pleased but subdued after the verdict.

“The jury can be very proud,” said Wayne, who headed the Pueblo Public Defender’s office before transferring to her present post with the Denver office. “Jurors seem to understand mental illness better in Pueblo, because the state hospital is here.”

Reynolds said the open acknowledgement of Cruz’s first murder – under strikingly similar circumstances to the Archuleta killing – made his defense tough.

“The jurors had to wonder if (Cruz) would be released,” she said. “We had to let the jurors know that he will be in the state hospital for a long time.”

Reynolds said that was difficult because the system had failed before in releasing an obviously sick Cruz.

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“Even though the system had failed him before, justice has been done in this case.”

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