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Insanity defense to be used in 2 Mich. slayings

Associated Press - January 15, 2010 12:14 PM ET

CORUNNA, Mich. (AP) - A man accused of killing an abortion protester and a business owner in a small Michigan city is headed for trial in late February.

Harlan Drake's lawyer says he will press ahead with an insanity defense after getting an independent mental-health evaluation.

Drake is charged with first-degree murder. James Pouillon (POOL'-yuhn) was fatally shot while protesting abortion outside Owosso High School, 90 miles northwest of Detroit. On that same September morning, Mike Fuoss (FOOSE) was also killed.

The Shiawassee County Circuit Court says trial has been set for Feb. 23.

Defense lawyer Robert Ashley says an expert has found that Drake lacked criminal responsibility at the time of the killings. The county prosecutor's office disagrees.

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