Mansfield man who said Nordic music made him kill elderly man denied extra privileges
A 36-year-old Mansfield man who was found not guilty by reason of insanity in the fatal stabbing of a 90-year-old man will not gain more privileges at a mental health facility.
Cody Lutz reportedly told police that Nordic heavy metal music instructed him to kill Omar Brown by midnight March 18, 2019, or else Armageddon would begin and last 1,000 years. He also ripped the head off Brown's parrot.
He was charged with two counts of aggravated murder, aggravated burglary, burglary and prohibitions concerning companion animals.
Visiting Judge Patricia Cosgrove, retired from Summit County, ruled in May 2021 that Lutz was legally insane at the time of the murder.
Lutz has been diagnosed with schizophrenia and schizoaffective disorder. He is being housed at Heartland Behavioral Healthcare in Massillon.
Staff there recommended Lutz be permitted to have Level IV privileges, including going off the grounds under staff supervision. The county prosecutor's office objected, leading to a hearing that was held in April.
Judge criticizes psychologist for omitting key details
Cosgrove issued her ruling in writing, criticizing the doctor who testified for the defense, saying he left out important details.
Dr. Zev Goldberg, a board certified psychologist, testified that Lutz participates in programming, follows orders and is medication-compliant.
When asked during the hearing by defense attorney Bernie Davis if he thought Lutz posed a threat to public safety, Goldberg said, "I don't think so."
In her ruling, Cosgrove said the risk assessment done by Heartland did not mention a fight with a fellow inmate in 2019, when Lutz was in the Richland County Jail.
Further, Goldberg's risk assessment did not mention that Lutz sometimes missed early counseling sessions or meetings because he was not a "morning person."
"While the omission of above facts in the report are telling, even more significant was his testimony on the issue of recidivism," Cosgrove wrote. "Dr. Goldberg testified that sometimes patients like Lutz experience psychosis in cycles and can recidivate in unforeseen circumstances."
Lutz reportedly threatened his family members
Under cross-examination by Assistant Prosecutor Matt Metcalf, Goldberg said he did not know what would happen if Lutz hears the same triggering song that contributed to his psychosis.
"By his own admission during the hearing, Dr. Goldberg did not consider or even appear to know about prior threats made by Cody Lutz toward family members, who are still alive, if he were permitted to leave Heartland, even under supervision," Cosgrove wrote.
Brown's son and one of his daughters attended the hearing.
"To let a monster like that out is unconscionable," Jeffrey Brown said. "He did not get what he deserves, which is the death penalty."
Two years ago, Dr. Bethany Young-Lundquist, director of the District V Forensic Diagnostic Center, did her own risk assessment of Lutz. Cosgrove referenced it in her ruling.
Young-Lundquist said Lutz has a history of problems with violence, relationships, substance abuse and treatment or supervision response.
"... the focus of this court's decision centers on whether the state has met its burden of proof to demonstrate by clear and convincing evidence that the proposed change in movement threatens the safety of the public or other persons," Cosgrove wrote. "The motion of defendant Cody A. Lutz to be granted Level III and Level IV movement is hereby denied. This is a final and appealable order."
mcaudill@gannett.com
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Twitter: @MarkCau32059251
This article originally appeared on Mansfield News Journal: Mansfield man found insane in murder case won't get more privileges
