 Fishman's attorneys notified the court that they intended to rely on an insanity defense, using the theories of brainwashing and the expert witnesses of Singer and Richard Ofshe to claim that Scientology had practiced brainwashing on him which left him unsuitable to make independent decisions.The court ruled that the use of brainwashing theories is inadmissible in expert witnesses, citing the Frye standard, which states that scientific theories utilized by expert witnesses must be generally accepted in their respective fields.In 2003, the brainwashing defense was used unsuccessfully in the defense of Lee Boyd Malvo, who was charged with murder for his part in the D.C. sniper attacks.