Insanity Plea Planned for Pipe Bomb Suspect

CEDAR RAPIDS, Iowa — The attorney for Luke Helder, accused of planting pipe bombs in mailboxes in five states, will argue that the former college student was unable to discern right from wrong during a crime spree in May.

Assistant U.S. Public Defender Jane Kelly said in papers filed in U.S. District Court that she will argue the insanity plea at the trial, which is scheduled for Nov. 18.

But Kelly’s defense strategy and other complications likely will push back the trial date. A joint motion filed by Kelly and federal prosecutors asks the court for more time for pretrial motions and to delay the start of the trial. A judge has yet to rule on the request.

Using the insanity defense is risky and rarely succeeds, according to a former federal prosecutor.

“It’s really only successful in a small amount of cases,” said Stephanos Bibas, a former assistant U.S. attorney in New York and now a University of Iowa Law School professor.

“But it certainly adds some uncertainty to the case for jurors, a lot of extra work for the prosecutors. It sort of serves as some kind of wild card for the defense.”

Assistant U.S. Atty. Sean Berry said Justice Department rules prevent him from commenting on the case. Kelly did not return phone messages Tuesday.

Bibas said Helder, at his attorney’s request, probably has undergone a psychiatric evaluation. Prosecutors also can be expected to hire an expert to test and question Helder, Bibas said.

Helder is accused of putting 18 pipe bombs and antigovernment letters in mailboxes in Iowa, Illinois, Nebraska, Colorado and Texas in early May. Six pipe bombs exploded in Iowa and Illinois, injuring four letter carriers and two residents.

The letter said, in part, “If the government controls what you want to do, they control what you can do.... I’m obtaining your attention in the only way I can.”

Helder, a Pine Island, Minn., resident, faces trial in Iowa on two charges: using an explosive to damage personal property which resulted in an injury to a person and using a pipe bomb during a federal crime of violence.

Friends of Helder said after his arrest that they had noticed profound changes in his mental state in recent years.

Kelly must prove Helder had a mental condition that prevented him from knowing right from wrong, said Bibas.

“It’s a tighter standard than it once had to be,” said Bibas, who is not involved in the Helder case. “The problem is that showing you were acting strange is not enough.”

After the first day, the bombs were not set to explode, but the fear created by the May 3 explosions stopped mail delivery in Iowa and parts of Illinois for a day. Helder was arrested May 7 outside Reno, Nev., and he was returned to Iowa on May 10.

He told authorities in Nevada the placement of the bombs in mailboxes across the country were to create a smiley face on the U.S. map.

Helder faces charges in Illinois and Nebraska as well as Iowa. The former University of Wisconsin-Stout student remains in custody in the Linn County Jail.