Vol. 4 No. 30 Tim Danielson Will Use Modified 'Twinkie' Defense for Murder of His Ex-Wife

Tim Danielson, the second 4 minute high school miler, will use a modified 'Twinkie' defense, in response to the charge that he murdered his ex-wife.  San Diego ABC affiliate Channel 10 has been covering the story.  You may remember that the accused murderer of Harvey Milk, San Francisco city councilor, claimed that eating Twinkies caused a change in his blood chemistry that caused him to be violent, thus mitigating his killing of Milk and a second man.  That killer got a reduced sentence.    Californa no longer accepts that type of defense, and rather than accepting  diminished capacity due to use of a drug,  in Danileson's case, Chantix, a smoking cessation drug, he can only plea  'diminished actuality', whatever that means in legal mumbo jumbo.   Chances of that plea succeeding are very slim in the state.     Chantix side effects are listed as depression and violent behavior among others.  Pfizer the pharmcutical maker of the drug, claims that Danielson's blood tests showed there was no Chantix in his system.  How quick a washout time is listed is not mentioned.   Danielson has been sitting in the can for over two years  (speedy trial?) but considering he is facing 50 years to life if convicted, any defense plea may be worth a shot.  He hasn't denied shooting his ex.  They were divorced, separated, and she had moved back into his home and was dating other men.   Depression could have been well explained even without taking the drug.  As we hear more, we will keep you informed.