Noyes found not guilty by reason of mental illness

It was a bitter sweet ending for the family of Kimberley Ruth Noyes after Judge Mark McEwan read his verdict on Friday in Rossland Supreme Court, and sent Noyes to an institution for further assessments.

Noyes was found not guilty due to her mental illness in the murder of 12-year-old John Fulton of Grand Forks last summer. She will be held in custody and taken to the Forensic Psychiatric Hospital in Port Coquitlam. A three-member review panel will then have 45 days to assess her condition and make a decision on what will happen next.

Flanked by friends and family members, Barbara Noyes-Ferrier of Kelowna and Loretta Noyes of Calgary, Alta., broke down into each other's arms and sobbed as their youngest sister was led out of the courtroom by sheriffs.

Neither spoke to media afterwards.

The two testified last week to their sister's ongoing mental health issues and how they had tried for years to get help for her from both mental health authorities and social services.

Although Noyes had been admitted against her will to Daly (psychiatric unit) at Kootenay Boundary Regional Hospital in Trail four times since 2002, she was constantly released to look after herself when she was incapable of doing so. And during all this time, while "flipping" as one sister described, from manic episodes to periods of depression, Noyes never lost custody of her two children.

Defence attorney Deanne Gaffar told reporters that being found not guilty due to her illness was "not an excuse, but an explanation."

Nor did it diminish the loss to the Fulton family.

As for Noyes's own family, "they are devastated about what happened to John," she said.

"They love their sister and will always be there for her."

Asked if she thought the mental health system could have done more for Noyes, Gaffar said, "My sense is, there was a lot of understaffing and overloading of mental health staff in this region.

"Clearly, all the red flags were showing in July 2009 - all of them."

She also couldn't see how mental health patients in a rural region such as Grand Forks could get by with a psychiatrist who only comes in once or twice per month.

Gaffar said Noyes was difficult to treat as medications didn't work due to the complications of her condition, and that presently, her state is "delicate."

Judge McEwan took the better part of two hours to summarize the case before agreeing with both Gaffar and Crown counsel Philip Seagram that Noyes could not be held criminally responsible due to her mental illness.

The court had to answer the following questions, he said.

"Did the accused have a mental disorder? Did she have the disorder at the time she committed the murder? And did the disorder render her incapable of knowing what she was doing, or that her acts were wrong?"

The answer to all questions is clearly, yes.

Judge McEwan noted Noyes's fixation on religion - beliefs that if she "sacrificed" her daughter, she could resurrect her; that her deceased father was coming back in a black helicopter to save humanity; that her son was "the chosen one," and that if she didn't kill young Fulton, Jesus Christ would not return and it would be her fault. Noyes also believed she'd been impregnated by the Holy Spirit and would have a multiple birth.

When family members cleanout out Noyes's home after her arrest, they found 23 Bibles.

The question of whether or not Noyes was faking her illness was answered by all five psychiatrists who testified - that she definitely wasn't faking. Nor did she hold any animosity towards the victim as is generally the case in such murders.

She told investigators that she didn't believe he was autistic, "just loud and boisterous, but smart - very smart," Judge McEwan said.

"She liked him. She thought he was a nice kid. She said she had been picked on and felt she could relate to him as she had also been picked on when growing up."

The judge also pointed out the number of times Noyes had been hospitalized against her will and how she became violent with her sister Barbara and brother-in-law Richard Ferrier.

Her marriage had fallen apart and her husband testified that he "could not recognize what she had become."

Her home was filthy, her finances a mess, utilities disconnected; and she was incapable of looking after herself.

"Doctors described how difficult it was to treat her."

To summarize, Judge McEwan said Noyes was actively psychotic and was unable to appreciate her actions.

He was satisfied that she suffers from bipolar disorder and that there is ample evidence that she has a long history of it. He also believed she was psychotic at, or around the time, of the event.

"Her psychosis was the central fact in the killing of John Fulton. She made no attempt to diminish her role or explain her behaviour."

The Crown prosecutor hadn't argued with Gaffar's defence of her client.

"That is not anything to gasp about," he told reporters. "Many times Crown and defence agree. It just means they are all doing their jobs."

Asked why a lengthy court case was required when the evidence clearly pointed to the fact that it was Noyes's psychosis that caused the murder, Seagram said "the Crown has a responsibility to see that justice is done."

There had been no preliminary hearing, which meant "a lot of evidence was not tested in court or heard under oath."

But Noyes's health records, reports from doctors, police, neighbours and family, all pointed to the same conclusion - that Noyes suffered from a severe mental illness and was not capable of treating herself, which is what the health system left her to do.

When asked by reporters if he thought the tragedy could have been avoided if Noyes had received better health care, Seagram said "I can't look at it in hindsight.

"We had 90 people interviewed by police - anyone with any association with the case. They left no stone unturned."

The Crown also asked for and received approval to obtain a sample of Noyes’ DNA.

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