Question
Joe is the owner of a bar in Queens. He had been a worker in insurance and decided to take a mortgage on his house
Joe is the owner of a bar in Queens. He had been a worker in insurance and decided to take a mortgage on his house and sink all of his money into this bar. He opened in June 2019. He had been doing great, the bar was always packed. He had hired a cook and was starting to serve bar food. His dream business was doing great. He felt so good that he decided to stop taking his medication for Schizophrenia. His psychiatrist disagreed with his decision and told him that he must take his medication and continue with his group therapy. Joe didn't like his psychiatrist and he didn't listen to him. He stopped his meds and stopped going to group therapy. He didn't need them anymore, in his mind, because his business was his therapy. The more money he made the better he felt. Then in February the COVID-19 pandemic hit hard. People couldn't go to his bar because the government ordered a quarantine. All non-essential businesses were forced to close. His business was essential for him and the government did not care. He couldn't open his bar at all. He thought maybe if he opened it and only invited a few of the best patrons for a drink he would be ok. One Saturday he sent a text message to 25 of his best customers that he was having a secret bar event. It wasn't much of a secret. Over 200 people showed up, the music was loud, and the bar was making some serious cash. Joe for the first time in months felt great, his business was back. That is when the health department showed up. Paula was the head of the health department and she had the power to issue fines and close businesses. She couldn't believe that Joe had opened his bar and placed so many people at risk, no social distancing, no masks, and no quarantine. She immediately called the police and shut the business down. Joe was issued multiple tickets with fines in the tens of thousand dollar range. He was also jailed for a week by the local judge, Peter, who was Paula's husband. How could they close his business. He was obsessed with them. Why are they out to get him. Joe finally was released from jail. He couldn't stop thinking about Paula and Peter. He kept hearing voices in his mind to stop them, if they are gone he can finally open the business. Joe went to their house in the middle of the night armed with a shotgun. He entered their bedroom and began to shoot at the bed. He shot and killed Barbara. He had mistakenly gone into the neighbors home thinking he was in Paula's and Peter's. Barbara's husband, Scott, grabbed his Glock 9mm in his nightstand and shot Joe in his shoulder just about the time that Joe was getting ready to shoot him. Joe was knocked out but survives. He wakes up in a hospital bed with a bandaged shoulder and is in extreme pain. He is handcuffed to the hospital bed. He asks why he is there because he has no memory of the events. He keeps asking about his bar. The police want to take a statement from him. They ask him questions while he is handcuffed and tell him he has to answer. Joe doesn't even know who they are. They show him a picture of the shotgun and he says it is his. They show him a picture of Barbara dead in her bed. Joe says "Good I am glad I finally got that no good health officer Paula, she deserved it."
You have been retained by Joe's family to represent him as his lawyer. What issues do you see in the case? What is your defense strategy?
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