Extreme FASD could mean rapist brothers not criminally responsible, say lawyers

Two young brothers whorandomly kidnapped andraped a grade 12 student are both suffering from suchsevere cases of fetal alcohol spectrum disorder (FASD) their lawyers say they may not be criminally responsible for their actions.

"I believe these two young fellows have fallen through the cracks of life," said AlainHepner, the lawyer forCody Manyshots.

• Manyshots brothers plead guilty to sexual assault, kidnapping of teen girl

Cody and CoreyManyshotspleaded guilty last year to kidnapping, uttering threats, sexual assaultand robbery.

The sentencing hearing was supposed to resume Friday after it was delayed last November so that the brothers could have special FASD testing done. The degree of FASD for both was found to be "extreme."

Now, the brothers will be sent back to the psychiatrists who authored their forensic mental health assessments so the doctors can take into account the FASD findings and consider the degree of criminal responsibility.

Psychiatrists will determine

Prosecutor Jonathan Hak doesn't think the brothers will be found not criminally responsible (NCR).

"That seems unlikely, but in fairness that's a psychiatrist who needs to tell us that, not the lawyers," said Hak.

The brothers grabbed their victim from a bus stop in Taradale in November 2014. She then endured more than eight hours of assaults first in an alley near the bus stop and then at the brothers' nearby home. She was able to escape in the morning while they were sleeping.

Last year at the beginning of the sentencing hearing, the Crown said it wasseeking 12 years for both brothers. The defenceis looking for a six-year sentence for Cody, and two yearsplus three years ofprobationfor Corey.

Back in court in June

The Manyshots' FASDaffects many aspects of their lives and criminality, said Hepner.

"It impacts their learning, it impacts their school, it impacts their inhibitions, their speech, it impacts their cognitiveabilities, it impacts their knowledge of what's right and wrong," he said.

The matter will be back in court to hear new psychiatric reports on June 30.

If the psychiatrists believe the boys are not criminally responsible, a hearing would be booked and the provincial court Judge Terry Semenuk would make the ultimate finding.

If he does find the brothers NCR, they would be sent to a secure mental health facility for treatment.

• MORE CALGARY NEWS |'I'm trying to save his life': Judge blasts Alberta government for mentally ill teen with nowhere to go
• MORE CALGARY NEWS |Calgary stolen bike database wasn't wheeled out due to lack of funds