The tragic murder of decorated U.S. Navy SEAL Chris Kyle, the inspiration behind the movie American Sniper, and his friend has captivated the nation. The trial of the shooter, fellow veteran Eddie Ray Routh, hinged on a powerful, yet difficult-to-prove, insanity defense centered on Post-Traumatic Stress Disorder (PTSD).
Robert Bianchi, Esq., provided extensive legal analysis on the case for Fox News’ America’s Newsroom and Fox and Friends.
Understanding the Insanity Defense
The defense argued that Eddie Ray Routh was legally insane at the time of the shooting, and therefore not criminally responsible for his actions. The legal standard for the insanity defense in states like New Jersey (which is similar to many others) is extremely high:
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The defense must prove the defendant had a mental disease or defect so severe that:
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They could not distinguish right from wrong, OR
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They could not understand the wrongfulness of their conduct.
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In Routh’s case, the defense claimed his PTSD was a mental disease that prevented him from understanding that shooting Chris Kyle and the other victim was wrong.
Why Insanity Defenses Are Difficult to Prove
The insanity defense is rarely successful. It is not enough to show that a defendant was emotionally unstable or made a poor choice. The legal standard requires the defendant to be so mentally impaired that they did not know the act itself was wrong.
Several facts in the Chris Kyle murder case worked powerfully against the defense’s claim:
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Goal-Directed Behavior: Routh’s actions after the shooting—fleeing the scene, driving the correct car, stopping for a drink, and evading police—demonstrated behavior that suggested he was not completely incapacitated.
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Awareness of Wrongdoing: Routh made statements to family members and, in a video confession, said he knew it was wrong to shoot the victims, expressed regret, and even anticipated going to prison, suggesting an awareness of the consequences.
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Police Statement: In a lengthy statement to police, despite sometimes speaking incoherently, Routh also expressed an awareness of what he had done.
Ultimately, these facts served as powerful evidence for the prosecution, arguing that Routh was aware of his actions and their consequences.
The Verdict and Life Sentence
The jury rejected Eddie Ray Routh’s insanity defense, finding him GUILTY of the murders and sentencing him to life in prison. As predicted, the jury’s decision was correct, as the facts to support the legal standard for insanity were sorely lacking. The speed of the verdict—rendered in about two hours—combined with the overwhelming evidence, affirmed the conclusion that the insanity defense was invalid.
Will Media Attention Cause a Reversal?
Following the verdict, some speculated that pre-trial publicity, particularly the concurrent popularity of the movie American Sniper honoring Chris Kyle, would cause the guilty verdict to be reversed on appeal.
The success of a reversal on this basis is highly unlikely. Appellate courts rarely overturn verdicts due to media attention alone.
As an experienced former prosecutor and criminal defense attorney who has handled many high-profile murder cases, I have found that a fair and impartial jury can always be picked. Here, the judge individually interviewed each juror, finding that they could be fair regardless of publicity. Given the “mountain of evidence” against the defendant and the speed of the verdict, an appellate court would likely rule that the evidence was “overwhelming” and any speculative taint from the media does not warrant a reversal.
Unless more than mere speculation can prove the movie had a tangible impact upon a juror, the guilty verdict and life sentence are final.

