Former Elkhart teacher accused of sex crimes against children files insanity plea

ELKHART — A former Concord High School teacher accused of more than a dozen sex crimes against children filed a notice of insanity in court last week, claiming he was suffering from a "mental disease or defect" when he allegedly committed a number of the offenses.

Andrew Cowells, 47, filed a notice of insanity last week, ahead of a trial originally scheduled to begin next Monday. Elkhart Superior Court Judge Teresa Cataldo postponed the trial and will hold a hearing in November on Cowell's insanity filing.

Cowells was charged with 18 counts of sex crimes against children in late June, including 10 counts of possessing child pornography, two counts of child solicitation, two counts each of voyeurism and battery and vicarious sexual gratification.

Many of the counts stem from a series of incidents at Concord High School on May 5 when he allegedly made sexual requests of and groped students during a class at the school.

Elkhart:Ex-teacher charged with more than a dozen sex crimes against children

Detectives interviewed a series of seven students about the events in the school that day. According to court documents, one student said Cowells asked him to touch himself while he stood on top of a chair in the classroom. Another student said Cowells sat on a student's desk in the classroom and talked about "sexual things."

A third student said Cowells told sexual jokes and asked "if anyone had the courage" to let Cowells touch them. The student said Cowells then taunted the class for someone to volunteer and when the student stood up, Cowells touched the boy "from his shoulders to his butt[ocks]."

Prosecutors allege Cowells also took a group of male students into the boy's restroom that morning and touched one student while inside.

Court documents indicate the students who spoke to police about the incidents were 15 and 16 years old.

The notice of insanity is not a legal admission of guilt, but notifies the court the defense is seeking to have Cowells' mental competency a central part of the proceedings.

The notice says Cowells' "mental disease or defect" created "a situation whereby the defendant was unable to appreciate the wrongfulness of his conduct at the time of the offense."

Marielena Duerring, an attorney representing Cowells, did not respond to a phone call seeking comment Monday.

Indiana law states a person may not be held responsible for a crime if "as a result of mental disease or defect, he was unable to appreciate the wrongfulness of the conduct at the time of the offense."

In accordance with state law, Cowells' motion asks for two independent psychiatrists or psychologists to be appointed to the case. The experts will examine Cowells and testify regarding his insanity at trial if the case reaches that point.

Should the case go to trial, a jury has four verdicts it could reach. Cowells could be found guilty, not guilty, not responsible by reason of insanity or guilty but mentally ill. If Cowells is found not responsible due to insanity, a separate hearing would be held to determine if and how he should be committed to a mental health institution.

If he were to go to trial and be found guilty but mentally ill, he could still be sentenced to prison, but would likely receive additional psychiatric care, per Indiana law.

Cowell's notice of insanity applies to only some of the alleged offenses that took place on May 5 at Concord High School, the filing shows.

In addition to the events of May 5, investigators allegedly found on Cowells' phone numerous photographs of boys in various stages of undress and performing sex acts. He is charged with 10 counts of possessing child pornography.

Cowells is also seeking to sever, or separate, the child pornography charges from the other counts.

In a release in June when the charges were announced, the Concord Community School District said none of the photos allegedly found on Cowells' phone were children from the Michiana area.

The district placed Cowells on administrative immediately after the incident on May 5 and announced on June 21 it had fired Cowells.

Three other Concord High School teachers were placed on leave following Cowells' arrest, though prosecutors did not file any further charges, saying the teachers believed Cowells was having "a medical episode."

A district spokeswoman said two of the teachers are back working while the third resigned from the district.

Email Marek Mazurek at mmazurek@sbtinfo.com. Follow him on Twitter: @marek_mazurek

This article originally appeared on South Bend Tribune: Ex-Concord High School teacher files insanity plea in sex crimes case