Of course, one could argue the point that he was driven to kill ("kill" as was decided in the civil suit... NOT in the criminal suit). There is a fine line, here. If the prosecution were ABLE prove intent in the criminal trial, would they not also be required to prove motive, thereby allowing the defense to argue that the proven motive provided provocation of temporary insanity. There is a lot of shit that goes on in the mind... and it is open to interpretation... sometimes behind closed doors... and sometimes behind closed minds.