An Italian court reduces a murder sentence by 4 years, due to genetic evidence. This is the first European case where a genetic tendancy toward violent behaviour has been successfully used by defense lawyers to reduce a sentence.
Abdelmalek Bayout, an Algerian living in Italy since 1993, admitted to stabbing Walter Felipe Novoa Perez in March 2007. Perez had insulted Bayout for wearing Kohl eye make-up.
Bayout’s lawyer, Tania Cattarossi, convinced the court that, because he was mentally ill at the time of the murder, his sentence should be reduced, according to
Scientific American. He was sentenced to 9 years, 12 months, 3 years less than a criminal of sound mind would typically receive. This sentence was further reduced by a year when genetic evidence was cited during the appeal.
In studying Bayout, University of Pisa molecular neuroscientist, Pietro Pietrini and University of University of Padova cognitive neuroscientist, Giuseppe Sartori, found abnormalities in brain-imaging scans and in five genes linked to violent behaviour.
In the appeal court, judge Reinotti, found the MAOA evidence especially compelling. Pietro and Sartori said their analysis showed Bayout’s genes "would make him particularly aggressive in stressful situations,” partly due to low levels in the gene encoding the neurotransmitter-metabolizing enzyme monoamine oxidase A (MAOA). Low levels of MAOA expression have been linked to criminal and abusive behaviour.
In 1994, the United States became the first country in the world where MAOA deficiency was cited as a mitigating factor in defence of criminal behaviour. Lawyers are increasingly likely to cite genetic factors on behaviour as evidence in courtrooms. According to
Scientific American, 200 such defences have been used in the past five years in the United States to excuse violence, depression, and drug or alcohol abuse. In the same time period there were 5 such cases in Britain.
