DENVER (CBS4)- Defense attorneys for Bret Thompson want the kidnapping and sexual assault case against him to be dismissed.
Prosecutors called their final witness Wednesday morning, the lead detective in the case. During cross examination the Denver Police Sgt. read part of Thompson’s confession from when he was arrested.
Thompson told the detective he has a “Jekyll and Hyde” personality, was “living with demons” and the assault on the little girl was “a moment of insanity.”
The defense argued that is sufficient evidence to prove Thompson was insane at the time of the assault and Thompson’s attorneys filed for acquittal after the prosecution rested.
The judge initially denied the motion but the defense provided additional legal arguments and tried to reverse the judge’s order.
Prosecutors argue Thompson’s statement does not establish the legal definition of insanity.
The judge sided with the prosecution after review and then called a recess for lunch.
The 10-year-old girl who was kidnapped from a Denver neighborhood in 2011 told a courtroom on Tuesday that she was forced to undress and was sexually assaulted during the incident.
The June 2, 2011, incident ended when the girl, who was 9 at the time, was found at a gas station on Federal Boulevard approximately 90 minutes after she was reported missing. After a nationwide manhunt, police found Thompson sleeping in his van in New Jersey and arrested him.
Last summer Thompson, 29, pleaded not guilty by reason of insanity to the kidnapping and sexual assault charges he faces. The trial was delayed as lawyers argued over his mental status.
During opening statements Tuesday the defense described Thompson’s childhood to the jury as “broken and seriously disturbed.” His attorney said Thompson was sexually abused as a young boy and was in and out of foster care as well as mental hospitals.
The defense claims Thompson is not guilty by reason of insanity. They said he suffers from dissociative identity disorder, or multiple personality disorder, and doesn’t know right from wrong.
Thompson’s foster mother has pleaded guilty to perjury in the case. Prosecutors accused Sylvia Luckett of lying to police to help Thompson flee as police investigated him in connection with the assault.
After his not guilty plea last year Thompson was evaluated at the Colorado Mental Health Institute in Pueblo.