Editing Patty Hearst (section)

==Legal consequences==
[[File:PattyHearstmug.jpg|thumb|Hearst's 1975 mugshot]]
On September 18, 1975, Hearst was arrested in a San Francisco apartment with [[Wendy Yoshimura]], another SLA member, by [[San Francisco Police Department|San Francisco Police]] Inspector Timothy F. Casey and his partner, Police Officer Laurence R. Pasero, and [[FBI]] Special Agent Thomas J. Padden and his partners, FBI agents Jason Moulton, Frank Doyle, Jr., Larry Lawler, Monte Hall, Dick Vitamonte, Leo Brenneissen, and Ray Campos.<ref name="fbi-famous"/><ref name="Taylor">{{cite news |url=http://www.sfgate.com/bayarea/article/Timothy-Casey-S-F-officer-who-cuffed-fugitive-2558165.php |work=San Francisco Chronicle |title=Timothy Casey – S.F. officer who cuffed fugitive Patricia Hearst |first=Michael |last=Taylor |date=December 6, 2005 |access-date=August 17, 2015 |archive-date=September 24, 2015 |archive-url=https://web.archive.org/web/20150924133044/http://www.sfgate.com/bayarea/article/Timothy-Casey-S-F-officer-who-cuffed-fugitive-2558165.php |url-status=live }}</ref><ref name="Nolte">{{cite news |url=http://www.sfgate.com/bayarea/article/Timothy-Casey-S-F-officer-who-cuffed-fugitive-2558165.php |work=San Francisco Chronicle |title=Thomas Padden, who arrested Patty Hearst, dies |first=Carl |last=Nolte |date=March 26, 2010 |access-date=August 17, 2015 |archive-date=September 24, 2015 |archive-url=https://web.archive.org/web/20150924133044/http://www.sfgate.com/bayarea/article/Timothy-Casey-S-F-officer-who-cuffed-fugitive-2558165.php |url-status=live }}</ref> While being booked into jail, Hearst listed her occupation as "Urban Guerilla". She asked her attorney to relay the following message: "Tell everybody that I'm smiling, that I feel free and strong and I send my greetings and love to all the sisters and brothers out there."<ref>{{cite magazine|url=http://www.time.com/time/magazine/printout/0,8816,913456,00.html |archive-url=https://archive.today/20120913011414/http://www.time.com/time/magazine/printout/0,8816,913456,00.html |url-status=dead |archive-date=September 13, 2012 |title=Patty's Twisted Journey |magazine=[[Time (magazine)|Time]] |date=September 29, 1975}}</ref>{{sfn|Toobin|2016|page=156}}

===Brainwashing claims===
At the time of her arrest, Hearst's weight had dropped to 87 pounds (40&nbsp;kg), and she was described by psychologist [[Margaret Singer]] in October 1975 as "a low-[[Intelligence quotient|IQ]], low-[[Affect (psychology)|affect]] zombie".<ref name="William Graebner">{{cite book |first=William |last=Graebner |title=Patty's Got a Gun: Patricia Hearst in 1970s America |publisher=University of Chicago Press |year=2008 |isbn=9780226305226}}{{page needed|date=February 2022}}</ref> Shortly after her arrest, doctors recorded signs of trauma: her IQ was measured as 112, whereas it had previously been 130; there were huge gaps in her memory regarding her pre-Tania life; she was smoking heavily and had nightmares.<ref name="Orth">{{cite web|date=July 1, 1988|url=http://www.maureenorth.com/1988/07/960/?page=0|title=Published on July 1, 1988|website=[[Maureen Orth|Maureenorth.com]]|access-date=January 21, 2016|author-link=Maureen Orth|last=Orth|first=Maureen|archive-url=https://web.archive.org/web/20150704160014/http://www.maureenorth.com/1988/07/960/?page=0|archive-date=July 4, 2015|url-status=dead}}</ref> Without a mental illness or defect, a person is considered to be fully responsible for any criminal action not done under duress, which is defined as a clear and present threat of death or serious injury.<ref name="Patty Hearst Trial 1976"/><ref>{{cite book|title=Patty's Got a Gun: Patricia Hearst in 1970s America|isbn=9780226324326|publisher=University of Chicago Press|first=William|last=Graebner|year= 2015|page=69}}</ref> For Hearst to secure an acquittal on the grounds of having been [[Brainwashing|brainwashed]] would have been completely unprecedented.<ref name="Blame p65"/><ref>{{cite book|last1=Ewing|first1=Charles Patrick|last2=McCann|first2=Joseph T.|title=Minds on Trial: Great Cases in Law and Psychology|year=2006|pages=34–36|publisher=Oxford University Press, USA |isbn=9780195181760}}</ref>

Psychiatrist [[Louis Jolyon West]], a professor at [[University of California, Los Angeles]] (UCLA), was appointed by the court in his capacity as a brainwashing expert and worked without a fee. After the trial, he wrote a newspaper article asking [[Jimmy Carter|President Carter]] to release Hearst from prison.<ref>{{cite news|last=West|first=Louis Jolyon|title=Psychiatrist pleads for Patty Hearst's release|url=https://news.google.com/newspapers?nid=1310&dat=19781229&id=hAQVAAAAIBAJ&sjid=B-IDAAAAIBAJ&pg=3277,8989206|access-date=January 28, 2013|newspaper=[[Eugene Register-Guard]]|date=December 29, 1978|archive-date=March 23, 2017|archive-url=https://web.archive.org/web/20170323182522/https://news.google.com/newspapers?nid=1310&dat=19781229&id=hAQVAAAAIBAJ&sjid=B-IDAAAAIBAJ&pg=3277,8989206|url-status=live}}</ref>
 
Hearst wrote in her memoir, ''Every Secret Thing'' (1982), "I spent fifteen hours going over my SLA experiences with [[Robert Jay Lifton]] of Yale University. Lifton, author of several books on coercive persuasion and thought reform, [...] pronounced me a 'classic case' which met all the psychological criteria of a coerced prisoner of war. [...] If I had reacted differently, that would have been suspect, he said."<ref>{{cite web|url=https://www.mail-archive.com/ctrl@listserv.aol.com/msg12970.html|title=Excerpt from ''Every Secret Thing''|last1=Hearst|first1=Patricia|last2=Moscow|first2=Alvin|location=New York|publisher=Doubleday & Co.|date=1982|access-date=September 30, 2017|archive-date=September 30, 2017|archive-url=https://web.archive.org/web/20170930222639/https://www.mail-archive.com/ctrl@listserv.aol.com/msg12970.html|url-status=live}}</ref>
 
After some weeks in custody, Hearst repudiated her SLA allegiance.<ref name="transcripts.cnn.com"/><ref>{{cite book|last=Rosen|first=Fred|title=The Historical Atlas of American Crime|year=2005|page=257|publisher=Facts on File |isbn=9780816048410}}</ref> Her first lawyer, [[Terence Hallinan]], had advised Hearst not to talk to anyone, including psychiatrists. He advocated a defense of involuntary intoxication: that the SLA had given her drugs that affected her judgment and recollection.<ref name="Documentary"/><ref name="Blame p65">{{cite book|last=Westervelt|first=Saundra Davis|title=Shifting the Blame: How Victimization Became a Criminal Defense|year=1998|page=65|publisher=Rutgers University Press |isbn=9780813525839}}</ref><ref name="ReferenceA">{{cite book|title=Patty Hearst and the Twinkie Murders: A Tale of Two Trials|first=Paul|last=Krassner|year=2014|publisher=PM Press |isbn=9781629630380}}{{page needed|date=February 2022}}</ref><ref name="William Graebner"/>

He was replaced by attorney [[F. Lee Bailey]], who asserted a defense of coercion or duress affecting intent at the time of the offense.<ref>{{cite news |last= Westcott |first= Kathryn |title= What is Stockholm syndrome? |date= August 22, 2013 |access-date= June 16, 2017 |website= [[BBC News Magazine]] |url= https://www.bbc.com/news/magazine-22447726 |quote= Hearst's defence lawyer Bailey claimed that the 19-year-old had been brainwashed and was suffering from "[[Stockholm Syndrome]]" – a term that had been recently coined to explain the apparently irrational feelings of some captives for their captors. |archive-date= April 30, 2019 |archive-url= https://web.archive.org/web/20190430171505/https://www.bbc.com/news/magazine-22447726 |url-status= live }}</ref> This was similar to the [[brainwashing defense]] which Hallinan had warned was not a defense in law. Hearst gave long interviews to various psychiatrists.<ref name="Patty Hearst Trial 1976"/>

===Trial===
Hearst alone was arraigned for the [[Hibernia Bank Building (San Francisco)|Hibernia Bank]] robbery; the trial commenced on January 15, 1976. Judge [[Oliver Jesse Carter]] ruled that Hearst's taped and written statements after the bank robbery, while she was a fugitive with the SLA members, were voluntary. He did not allow expert testimony that stylistic analysis indicated the "Tania" statements and writing were not wholly composed by Hearst. He permitted the prosecution to introduce statements and actions Hearst made long after the Hibernia robbery, as evidence of her state of mind at the time of the robbery. Judge Carter also allowed into evidence a recording made by jail authorities of a friend's jail visit with Hearst, in which Hearst used profanities and spoke of her radical and feminist beliefs, but he did not allow tapes of psychiatrist [[Louis Jolyon West]]'s interviews of Hearst to be heard by the jury. Judge Carter was described as "resting his eyes" during testimony favorable to the defense by West and others.<ref name="Patty Hearst Trial 1976"/><ref>{{cite book|last=Krassner|first=Paul|title=Patty Hearst and the Twinkie Murders: A Tale of Two Trials|year=2014|isbn=9781629630380|page=27|publisher=PM Press }}</ref>

According to Hearst's testimony, her captors had demanded she appear enthusiastic during the robbery and warned she would pay with her life for any mistake.<ref name="Twinkie Murders p. 21"/> Her defense lawyer [[F. Lee Bailey]] provided photographs showing that SLA members, including [[Camilla Hall]], had pointed guns at Hearst during the robbery.<ref name="Twinkie Murders p. 21">{{cite book|last=Krassner|first=Paul|title=Patty Hearst and the Twinkie Murders: A Tale of Two Trials|date=October 2014|isbn=9781629630380|page=21|publisher=PM Press }}</ref> In reference to the shooting at Mel's Sporting Goods Store and her decision to not escape, Hearst testified that she was instructed throughout her captivity on what to do in an emergency. She said one class in particular had a situation similar to the store manager's detention of the Harrises. Hearst testified that "when it happened I didn't even think. I just did it, and if I had not done it and if they had been able to get away they would have killed me."<ref name="law2.umkc.edu" />

Testifying for the prosecution, Dr. [[Harry Kozol]] said Hearst had been "a rebel in search of a cause", and her participation in the Hibernia robbery had been "an act of free will."<ref name="Carey">{{cite news |url=https://www.nytimes.com/2008/09/01/health/research/01kozol.html |work=The New York Times |title=Harry L. Kozol, Expert in Patty Hearst Trial, Is Dead at 102 |first=Benedict |last=Carey |date=September 1, 2008 |access-date=May 22, 2010 |archive-date=May 22, 2013 |archive-url=https://web.archive.org/web/20130522033620/http://www.nytimes.com/2008/09/01/health/research/01kozol.html |url-status=live }}</ref><ref name="Wilkinson">{{cite news |url=https://www.nytimes.com/2008/12/28/magazine/28kozol-t.html?adxnnl=1&partner=rss&emc=rss&adxnnlx=1280566991-UdEMvM5giWaVsydc6JiCng |work=The New York Times Magazine |title=Harry L. Kozol, born 1908 |first=Francis |last=Wilkinson |date=December 24, 2008 |access-date=July 31, 2010 |archive-date=May 22, 2013 |archive-url=https://web.archive.org/web/20130522033432/http://www.nytimes.com/2008/12/28/magazine/28kozol-t.html?adxnnl=1&partner=rss&emc=rss&adxnnlx=1280566991-UdEMvM5giWaVsydc6JiCng |url-status=live }}</ref> Prosecutor [[James L. Browning Jr.]] asked the other psychiatrist testifying for the prosecution, Dr. Joel Fort, if Hearst was in fear of death or great bodily injury during the robbery, to which he answered, "No". Bailey angrily objected.<ref>AP. "San Francisco Bailey tangles with witness", ''Victoria Advocate''.</ref> Fort assessed Hearst as amoral, and said she had voluntarily had sex with Wolfe and DeFreeze, which Hearst denied both in court and outside.<ref name="Patty Hearst Trial 1976">{{cite web|url=http://law2.umkc.edu/faculty/projects/ftrials/hearst/hearstdolaccount.html|title=The Trial of Patty Hearst: An Account|website=umkc.edu|access-date=December 24, 2014|archive-date=January 7, 2015|archive-url=https://web.archive.org/web/20150107213521/http://law2.umkc.edu/faculty/projects/ftrials/hearst/hearstdolaccount.html|url-status=live}}</ref><ref name="ReferenceB">{{cite web|url=http://law2.umkc.edu/faculty/projects/ftrials/hearst/hearstranscriptexcerpts.html|title=Trial Transcript Excerpts in the Patty Hearst Trial|website=umkc.edu|access-date=December 30, 2014|archive-date=March 6, 2015|archive-url=https://web.archive.org/web/20150306033237/http://law2.umkc.edu/faculty/projects/ftrials/hearst/hearstranscriptexcerpts.html|url-status=live}}</ref><ref name="Montreal Gazette 1977">{{cite news|title= What Patty Thought of Men In Her Life|first= Janey|last= Jimenez|url= https://news.google.com/newspapers?id=1oIuAAAAIBAJ&pg=1232%2C2060727|newspaper= [[Montreal Gazette|The Montreal Gazette]]|issn= 0384-1294|oclc= 456824368|date= November 23, 1977|page= 23|access-date= January 21, 2016|archive-url= https://web.archive.org/web/20210309033517/https://news.google.com/newspapers?id=1oIuAAAAIBAJ&pg=1232%2C2060727|archive-date= March 9, 2021|url-status= live}}</ref> Prosecutor Browning tried to show that writings by Hearst indicated her testimony had misrepresented her interactions with Wolfe. She said she had been writing the SLA version of events, and had been punched in the face by William Harris when she refused to be more effusive about what she regarded as sexual abuse by Wolfe. Judge Carter allowed testimony from the prosecution psychiatrists about Hearst's early sexual experiences, although these had occurred years before her kidnapping and the bank robbery.<ref name="ReferenceA"/><ref>''Spokesman-Review'', February 26, 1974 (AP San Francisco)</ref>

In court, Hearst made a poor impression and appeared lethargic. An [[Associated Press]] report attributed this state to drugs she was given by jail doctors.<ref name="ReferenceA"/> Bailey was strongly criticized for his decision to put Hearst on the stand, then having her repeatedly decline to answer questions. According to [[Alan Dershowitz]], Bailey was wrong-footed by the judge, who had appeared to indicate she would have [[Fifth Amendment to the United States Constitution|Fifth Amendment]] privilege: the jury would not be present for some of her testimony, or would be instructed not to draw inferences, on matters subsequent to the Hibernian Bank charges for which she was being tried, but he changed his mind.<ref name="Patty Hearst Trial 1976"/><ref>{{cite book|last=Dershowitz|first=Alan|title=The Best Defense|year=1983|page=394|publisher=Knopf Doubleday Publishing |isbn=9780394713809}}</ref><ref>563 F.2d 1331, 2 Fed. R. Evid. Serv. 1149, ''United States of America, Plaintiff-Appellee, v. Patricia Campbell Hearst,'' Defendant-Appellant. Nos. 76–3162, 77–1759. United States Court of Appeals, Ninth Circuit. November 2, 1977.</ref>

After a few months, Hearst provided information to the authorities, not under oath (sworn testimony could have been used to convict her) of SLA activities. A bomb exploded at [[Hearst Castle]] in February 1976.<ref>{{cite news|date=February 13, 1976|title=Bomb blast rips Hearst castle|newspaper=The Morning Record}}</ref> After Hearst testified that Wolfe had raped her, [[Emily Harris]] gave a magazine interview from jail alleging that Hearst's keeping a trinket given to her by Wolfe was an indication that she had been in a romantic relationship with him. Hearst said she had kept the stone carving because she thought it was a [[Pre-Columbian era|Pre-Columbian]] artifact of archeological significance. The prosecutor James L. Browning Jr. used Harris's interpretation of the item. Some jurors later said they regarded the carving, which Browning waved in front of them, as powerful evidence that Hearst was lying.<ref name="ReferenceA"/><ref>Johnson, John W. (Editor). ''Historic US Court Cases: An Encyclopedia''. p. 145.</ref>

===Closing arguments===
In his closing argument, prosecutor Browning suggested that Hearst had taken part in the bank robbery without coercion.<ref name="ReferenceC">{{cite news|date=March 19, 1976|title=Jury To Begin Weighing Patty's Fate Today|newspaper=Morning Record|location=Meriden, CT}}</ref> Browning, who later became a judge, also suggested to the jury that as the female SLA members were feminists, they would not have allowed Hearst to be raped.<ref name="Patty Hearst Trial 1976"/><ref name="ReferenceC"/>

In her autobiography, Hearst expressed disappointment with what she saw as Bailey's lack of focus in the crucial end stage of her trial. She described him as having the appearance of someone with a hangover, and spilling water down the front of his pants while making a "disjointed" closing argument.<ref>{{cite book|last1=Hearst|first1=Patricia Campbell|last2=Moscow|first2=Alvin|title=Patty Hearst: Her Own Story|publisher=Corgi/Avon|year=1988|pages=442–443|isbn=9780380706518}}</ref> Bailey's final statement to the court was, "But simple application of the rules, I think, will yield one decent result, and, that is, there is not anything close to proof beyond a reasonable doubt that Patty Hearst wanted to be a bank robber. What you know, and you know in your hearts to be true is beyond dispute. There was talk about her dying, and she wanted to survive."<ref name="ReferenceB"/>

===Conviction and sentencing===
<!-- Deleted image removed: [[File:Patricia Soltysik Bank Robbery.jpg|DeFreeze, Soltysik and Hearst (at right) during the bank robbery for which Hearst was tried.{{deletable image-caption|Sunday, May 26, 2019|F4}}|thumb]] -->
On March 20, 1976, Hearst was convicted of bank robbery and using a firearm during the commission of a felony. She was given the maximum sentence possible of 35 years' imprisonment, pending a reduction at final sentence hearing, which Carter declined to specify.<ref name="Historic U.S. Court Cases p 127">''Historic U.S. Court Cases: An Encyclopedia'', Volume 1, edited by John W. Johnson, p. 127</ref>

Because Judge Carter had died, Judge [[William H. Orrick Jr.]] determined Hearst's sentence. He gave her seven years' imprisonment, commenting that "rebellious young people who, for whatever reason become revolutionaries, and voluntarily commit criminal acts will be punished".<ref name="Russakoff">{{cite news|newspaper=The Palm Beach Post|date=July 11, 1978|first=Dale|last=Russakoff|title=Was 'Tania' Hearst brainwashed?}}</ref>