Kasner sentenced to Oregon State Hospital for life for gunning down neighbor

Judge finds her 'guilty except for insanity' for gunning down Valerie Peterson

(Update: Adding video)

BEND, Ore. (KTVZ) -- A Deschutes County judge on Wednesday found Joanna Kasner guilty except for insanity and sentenced her to the Oregon State Hospital for life for gunning down neighbor Valerie Peterson as she walked her dogs in the Boonesborough area north of Bend early last year.

Circuit Judge Stephen Forte sentenced Kasner, 50, shortly after finding her guilty except for insanity of second-degree murder and attempted murder, as well as one count of menacing and unlawful use of a weapon for attempting to use a knife on another neighbor.

On two other menacing charges, Forte said the psychologists had no insight, so he found Kasner guilty on those charges. He also found her guilty of first-degree animal abuse, as Kasner had indicated she was sorry she shot a dog, so she understood what she did, the judge said.

Forte sentenced Kasner to the Oregon State Hospital for the rest of her life on the murder charge, and another 20 years for the other charges.

Then Kasner spoke for the first time in the proceedings, begging forgiveness from the court and the victim's family.

"I'm so very sorry for my actions," Kasner said. "I just don't understand -- I just don't understand…"

"And I just -- someday, maybe please, if the family and all of the victims could forgive me, that -- I, I just -- that's all I ask for, your honor," Kasner said.

Forte then imposed the sentence, saying Kasner presents a threat to others and thus will be committed to the supervision of the state Psychiatric Security Review Board for the rest of her life.

Chief Deputy District Attorney Stephen Gunnels said, "This was what was anticipated, as both the forensic psychologist retained by the defense and the forensic (psychiatrist) retained by the state agreed that she was legally insane at the time" of the crimes.

Forte said victims must be notified if she becomes eligible for release. The judge said if she were to be released, she cannot own a firearm ever again and must pay restitution to the victims.

Kasner also cannot have pets or marijuana, even for medical purposes. She has 30 days to appeal the sentence, Forte said.

Earlier, in closing statements, the prosecution noted that both experts testified earlier that Kasner has serious delusions and PTSD. The attorney also noted that she went to Juniper Swim and Fitness Center wearing a bullet-proof vest and wore it into the hot tub. He said her use of medical marijuana didn't cause her paranoia, but could have aggravated it.

Defense attorney Thomas "T.J." Spear noted that officers who arrived during the events in Boonesborough were prepared to use lethal force, but did not have a clear shot. He also noted that her delusions of conspiracy were so severe, she even thought the medical staff treating her were part of it.

When the time came for victim impact statements, Peterson's husband, Steve, asked Forte by phone why Kasner should be able to have a normal life, when she took his wife's life in cold blood.

Forte said that under the law, anyone found to lack the capacity to understand their responsibility cannot be held to the same level of responsibility.

"I saw my wife die," Peterson said. "What do you think that does to me? I should have PTSD." And now, he said, "maybe she has a chance to get out? That's just not right."

""She -- she shot my wife, and she went out and proceeded to beat her up at the end of the street," he said. "I don't get it. I don't get it. I have nightmares every night. She -- I hope she goes to hell."

After a month and a half break, the murder trial resumed Wednesday with expert testimony regarding Kasner’s mental state at the time.

Scheduling of expert witnesses prompted the planned delay in the trial of Kasner, which began in late February and early March.

But the COVID-19 pandemic led to a different scene Wednesday, as Kasner was wheeled in a wheelchair wearing a mask, the two witnesses testified by telephone and perhaps a dozen people were in the courtroom of Deschutes County Circuit Judge Stephen Forte, kept physically apart for social distancing. Victim Valerie Peterson’s family members were listening in by phone.

Peterson. 58, was out walking dogs in the Boonesborough neighborhood north of Bend when the fateful encounter took place on Jan. 16, 2019.

Kasner allegedly shot her neighbor six times before grabbing her by the face and beating her. She was indicted on charges of murder, attempted murder, menacing, first-degree animal abuse and unlawful use of a weapon.

Forte heard the trial without a jury, as agreed to by Kasner and her attorneys. If found guilty of murder, she could have received a life prison term and possible parole after 25 years.

The first defense witness Wednesday, appearing by phone, was Dr. Michelle Guyton, a Portland licensed clinical psychologist since 2007. She conducts evaluations to determine if someone should be deemed “guilty except for insanity.”

Guyton said she reviewed the criminal history provided by defense attorneys, as well as information from the sheriff’s office, Kasner’s health history and “personality inventory,” meeting with her a couple of times.

Under questioning by defense attorney Spear, Guyton said her findings were that Kasner suffered from post-traumatic stress disorder from “difficult life circumstances” in childhood and adulthood, that she was raised in a “neglectful and chaotic environment.”

Kasner had four sons, all when she was a teen, and raised them with an alcoholic partner, Guyton said. A roommate died of alcohol poisoning while sharing a room with her. She also said she was kidnapped by a doctor, held on a boat and sexually violated, all combining to cause flashbacks, nightmares and a fear of such incidents happening again, as well as depression and lethargy, Guyton said.

Guyton also discussed Kasner’s apparent “delusional disorder,” beliefs she was being treated unfairly several years ago by Washington state law enforcement and growing beliefs that a group of people were trying to harm her.

She moved to Bend to be with her brother, Guyton said, but still thought “people were trying to get her,” and that she married someone she ended up believing was trying to poison her, going so fire as to hire a private investigator to prove such beliefs. Last fall, in jail, Kasner said a fellow jail inmate was harassing or watching her.

Guyton said Kasner told her she had used cannabis in oil for because it “cured” her cancer, but despite the woman’s paranoia, the psychologist said substance abuse was not a significant factor in what took place. Instead, she said, Kasner’s delusional disorder worsened in the months before the killing.

In November or December, Kasner had said she went to the Juniper Swim and Fitness Center to sit in a hot tub and said she encountered a stranger there who acted in a strange way, Guyton said.

Early on the morning of the killing, Kasner called 911, and an emergency responder noted she kept reaching for a gun in a holster on her nightstand. The responders moved the gun and she became upset. Along with the anxiety and impulsive behavior, Kasner has difficulty recalling details the day of the murder.

Guyton said she did not believe Kasner was taking any medication before the killing to battle her depression or other disorders.

Guyton said in her opinion, Kasner had a delusional disorder at the time she killed Peterson, rendering her unable to appreciate the consequences of her actions.

During cross-examination by Deputy District Attorney Matthew Nelson, Guyton said she did not believe cannabis was a cause or factor in her alleged actions. She said Kasner has a “very extensive medical history” but nothing this violent in prior records. She repeated that Kasner was “highly delusional” at the time of the killing.

Judge Forte also asked questions, and Guyton told him delusional disorder is a form of psychosis or schizophrenia.

The second expert witness, called by the prosecution, was Dr. Wil Berry, a Bend licensed psychiatrist in forensic psychology.

Berry, questioned by Deputy District Attorney Stephen Gunnels, talked of Kasner’s childhood and an imposing mother figure, that she got a boyfriend at age 14 and had four sons over the next five years. She did not graduate high school or go to college, instead working to provide for herself and her kids.

Kasner wept at times during the questioning of Berry, who noted Kasner had attempted suicide at certain points in her life and was convinced several families in Washington state were out to get her. She married William Smith in Bend in the summer of 2018 but believed her husband was not who she’d thought he was and had connections to the families in Washington state.

Berry said Kasner had been using cannabis products since 2007 and took a concentrated high CBD oil product every morning also using THC products.

He said Kasner was calm and fully cooperative during his examination, but still noted her delusions, which were still evident in his most recent examination a month ago.

Berry testified that he believes the primary reason Kasner killed Peterson is her delusional disorder and delusional concepts. He said he believes Kasner is guilty except for insanity, and that she “had a severe lack of appreciation for what she was doing.”

Defense attorneys had no questions for Berry.