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A woman found not guilty by reason of insanity in the 2004 murder of her mother-in-law and attempted murder of her husband has been granted conditional release from the state mental health hospital.

Teresa Lynn, formerly known as Teresa Spitz, will be allowed to leave the Colorado Mental Health Institute at Pueblo without being accompanied by staff, under an order signed by Arapahoe County District Judge Michael Spear.

The order also allows Lynn to eventually live on her own in the community. Her doctors will continue to monitor and treat her and will have the authority to revoke privileges if appropriate.

Lynn’s now ex-husband, who was blinded by the shooting, said Friday that he fears for his life and the life of their son if Lynn is free.

Peter Spitz testified on his wife’s behalf at her 2005 trial, arguing that the only way she could have done something so terrible was if she was insane. He now regrets taking that stance, saying he was “stupid in love” at the time.

“I think she literally got away with murder, and I helped her,” Spitz said.

Lynn was 24 when she shot Spitz in the face multiple times while he slept inside the Englewood home they shared with his mother. She then shot and killed 78-year-old Mariko Shida before getting into her car and calling police. A short time later, she walked into the Englewood police department and handed officers her gun.

At trial, prosecutors argued Lynn’s acts were too calculated to be the work of a person who is criminally insane. Lynn’s defense argued she had a history of mental health issues that led to a psychotic break — a depiction bolstered by her injured husband’s testimony.

After deliberating for about 10 hours, a jury found Lynn not guilty by reason of insanity. She was committed to the state hospital in November 2005.

Spitz and Lynn divorced in 2006. Their son has lived with legal guardians since the incident.

In 2009, a judge granted the hospital’s request to allow Lynn to leave the facility while accompanied by a staff member.

In December, the hospital’s disposition committee recommended off-grounds unsupervised privileges and community placement. According to court documents, Lynn’s doctors determined she had “reached her maximum potential in the current treatment setting.”

John Franks, deputy chief district attorney for the 18th Judicial District, argued against ex panding Lynn’s privileges, calling it a risk to society. He compared her conditional release to a “lab experiment” that uses people rather than mice.

In his order, Spear said he believes the state hospital’s supervision will be adequate for both the protection of the public and Lynn’s continued treatment.

A hospital spokeswoman did not return a phone call Friday seeking information on when Lynn will be released and under what conditions.

Sara Burnett: 303-954-1661 or sburnett@denverpost.com

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