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Finley woman accused of killing husband claims mental illness

FINLEY — A defense attorney for a Finley woman charged with murdering her husband has filed a notice stating she was mentally ill at time of the killing and was not responsible for her actions.

Investigators said Sherry Midstokke, 61, admitted to them that she killed her husband, Lyle Midstokke, 66, in the couple’s home using a combination of drugs and asphyxiation on Feb. 3.

“At the time of the offense, Ms. Midstokke lacked substantial capacity to comprehend the harmful nature or consequences of her conduct,” her attorney, Blake Hankey, wrote in a notice filed April 24. “… her conduct is the result of a loss or serious distortion of her capacity to recognize reality and is therefore not criminally responsible for her conduct.”

In late February, State District Judge Steven Marquart ordered a mental evaluation for Midstokke. She was transported to the North Dakota State Hospital and brought back to the Cass County Jail.

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