Norway's justice system has reversed course on a murder conviction, shifting a 51-year-old man from preventive detention to compulsory mental health care after new psychiatric assessments. This case highlights the complex intersection of criminal law and mental health evaluations, where initial findings of criminal responsibility have been overturned based on fresh expert opinions.
The Crime and Initial Conviction
Thea Halvorsen Braavold, 31, was found dead in her own apartment on February 2, 2020. Police arrested her boyfriend hours later, finding him asleep in a car in a nearby garage. The evening before, he had been picked up by police in the neighboring town of Larvik after a taxi driver felt threatened, officers drove him home to Braavold's address. Both the district court and the court of appeal found the man guilty of murder, deeming him so dangerous that he was sentenced to 20 years of preventive detention, a form of indefinite imprisonment for severe crimes.
Mental Health Assessments in Original Trials
During the original trials, mental health was a central theme, but court-appointed experts concluded that the defendant was criminally responsible. This meant he could be held accountable under penal law, leading to the preventive detention sentence. The man had a prior conviction for involvement in the murder of Zia Anwar in the so-called Stoa case, adding to the court's view of his dangerousness. Despite defense arguments, the courts upheld his guilt based on evidence including a knife with his DNA found at the crime scene, a SIM card he used in Larvik, and the clothes he wore when arrested.
Defense Requests Reopening in 2024
In 2024, the defendant's lawyer, Johannes Wegner Mæland, applied to have the case reopened. This prompted the Norwegian Commission for the Reopening of Criminal Cases to request new evaluations from specialist psychiatrist Torgeir Husby and specialist psychologist Alexander Rønningsdalen Flaata. These experts conducted a fresh assessment, concluding that the man has paranoid schizophrenia and that this condition was present at the time of the murder in 2020. Their diagnosis directly contradicted the earlier findings of criminal responsibility, suggesting he may not have been legally accountable for his actions.
Commission Orders Case Reopened
Based on the new psychiatric report, the Commission ruled that the case should be reopened. Mæland commented on the process, stating, "I think it's a pity that it should be necessary with a reopening application and a new round in court." This reflects frustrations over the initial evaluations not capturing the full extent of the mental health issues. The case will now return to the courts for reconsideration, potentially leading to a revised sentence focused on compulsory mental health care rather than punitive detention.
Defendant's Changing Account and Denial
Throughout the proceedings, the defendant has consistently denied killing Braavold. During the reopening hearing, he provided a new detail: he claimed that Braavold opened the door for him, and he entered to change clothes. Previously, he had said the doors were locked and he could not get in. When asked why he hadn't shared this earlier, he explained he was afraid of being suspected of the murder if he placed himself at the scene. Despite this shift, he maintains his innocence regarding the murder itself.
Evidence and Legal Context
The evidence against him remains substantial, including forensic links to the crime scene. Norwegian law allows for preventive detention in cases where individuals pose a continued threat to society, but it requires criminal responsibility. If mental illness negates that responsibility, compulsory mental health care under the Mental Health Care Act can be mandated instead. This case underscores the challenges in accurately diagnosing mental conditions during legal proceedings and the impact on sentencing outcomes.