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ADVANCED LEGAL SEMINAR MAY 5th, 2012
GEORGETTE WRIGHT

THE DAN WHITE TRIAL
Plaintiff
State of California

Defendant
Daniel James White

Plaintiff’s Claim
That the murders committed by White were premeditated.

Chief Lawyer for Plaintiff
Thomas F. Norman

Chief Lawyers for Defendant
Douglas Schmidt, Stephen Scherr

Judge
Walter F. Calcagno

Place
San Francisco, California

Date of Decision
21 May 1979

Decision
Guilty of voluntary manslaughter; sentenced to seven years and eight months in prison

On November 27, 1978 Dan White murdered Mayor George Moscone and Harvey Milk, who was America’s first openly gay public office holder. At trial, White’s lawyer argued that he was suffering from “diminished capacity,” a controversial defense then permissible in California courts. His lawyer also argued that White was suffering from depression and thus incapable of premeditated murder.
“A psychiatrist Martin Blinder testified that the formerly health-conscious White had recently become a junk food junkie. Blinder commented that too much sugar can affect the chemical balance in the brain and worsen depression, but didn’t blame the crime on bad diet. Rather, he offered junk food use as proof of White’s mental state–in other words, Twinkie consumption was an effect rather than the cause of White’s problems.”
Diminished capacity is not a recognized legal defense. The “Twinkie Defense” is a term made up by reporters during their coverage of the trial. White’s lawyer argued that he suffered diminished capacity as a result of his depression. The change in his diet from healthy food to Twinkies and other sugary food was said to be a symptom of depression.
White was convicted of voluntary manslaughter not murder, even though the killings were clearly premeditated. On the day of the murders White hid the gun under his jacket, evaded metal detectors, brought along extra bullets, climbed in the basement window of City Hall to avoid metal detectors, walked upstairs to the office of George Moscone and demanded his supervisor job back. When Moscone refused, White shot him twice at close range, then stood over the body and shot Moscone two more times in the head. He reloaded and then went down the hall and shot Harvey Milk five times.
In my opinion, Dan White got away with murder. A very gullible jury that was not very knowledgeable about the law, allowed this to happen.

Dan White’s lawyers had to be experts at convincing a jury of this “diminished capacity” defense. White was sentenced to six years in prison rather than life as many expected. In response to the verdict those in the gay community and others started rioting in San Francisco. Also as a result, California voters in 1982 approved a proposition to abolish the “diminished capacity” defense. Dan White, served his time in prison, was paroled in 1985 and committed suicide a few months later.
“”Diminished capacity” is different from “not guilty by reason of insanity.” The insanity verdict, which has been an accepted part of English common law for centuries, is rendered in cases where the defendant is clearly without reason, hears voices, etc., and so can’t be held responsible for his actions. Typically the defendant is committed to a mental institution after trial. In contrast, “diminished capacity” results in the defendant being convicted of a lesser offense. A person with diminished capacity is sane and understands the consequences of his actions, but supposedly doesn’t possess the mental state required to premeditate a crime. “
In my opinion the jury erred in convicting Dan White of a lesser charge. The murders were clearly premeditated. If the case was tried today, I don’t believe the jury would’ve fallen for the “Twinkie Defense”. The fact that the “diminished capacity” defense was abolished after the White trial is an indication that it should never have been allowed in the first place.

Works Cited :
Jill, . “Did a murderer escape punishment using the “Twinkie defense”?.” The straight dope. A Staff Report from the Straight Dope Science Advi, 2000. Web. 27 Apr 2012. .

Lindor, Douglas. Famous Trials. UMKC, 2011. Web. 27 Apr 2012. <http://law2.umkc.edu/faculty/projects/ftrials/milk

Web. 27 Apr 2012. .