Dr. Kevin Horn, Medical Examiner, Maricopa County:
- Again testifies to bullet trajectory and brain decomposition; that the bullet did not merely pass cleanly through but tumbled as it progressed causing significant damage to the right frontal lobe. Wound track was not visible due to decomposition.
- He is very firm in his opinion that the gunshot would have been incapacitating.
- Lack of hemorrhage in the brain cavity indicates Alexander was likely dead or near dead by exsanguination prior to the gunshot.
- Horn's report states the dura mater was not perforated; he states that's a typographical error.
- Willmott hammers the point Horn is not an expert in frontal lobe injuries, having done no research on the subject. He relies only on the cases he's seen, all of whom were dead when he saw them [he hopes].
- Martinez hammers the point that Alexander was very likely dead at the time he was shot, making any potential ability to ambulate after the gunshot wound a moot point.
- Deja Vu all over again.
Dr. Jill Hayes, PhD, Forensic Neuropsychologist:
- Testified appx 75 times, 50/50 prosecution/defense in the last four years (four capital cases on behalf of the prosecution). Licensed in Arizona and Louisiana; resides in Louisiana. PhD 1998 Louisiana State University (Asst. Prof. 8y). Licensed 1999. After Katrina, came to Arizona State University. Primary practice is forensic evaluations. Does not appear to be overly familiar with the Arias trial but is skilled in giving expert testimony.
- PDS Test: Has not reviewed the test results in this case. Is of the opinion that if the premise of the test is a lie (i.e. the traumatic event), it calls into question every other answer on the test. This is a self-report test so if the traumatic event is a lie, there's no assurance of truthfulness elsewhere on the test. [Willmott still wants to argue "trauma is trauma" whether it's based on a truth or a lie and gets nowhere with this witness.]
- Floating Profile (i.e. when out of the ten clinical scales on the MMPI, eight or almost eight are elevated above the clinically significant baseline of 65): When this elevation is seen, a person is experiencing arousal, the person's overwhelmed. It also is applied to BPD. The term Floating Profile is antiquated but is still valid and in use. Dr. Gatchell is only substituting the term Disability Profile in reference to his own pain management patients. [Willmott will lose the jury arguing this petty technicality.]
- TSI test: Measures symptoms that may result from trauma causing intense helplessness, horror. Reasons for not using the TSI-II immediately after release may include the cost of the test or waiting for research to validate the new test. Peer reviewed literature does not suggest the TSI-II is better than the TSI-I; there is no standard when to use any updated test, it's up to the judgment of the clinician which test to use so long as one is not considered obsolete. Waiting seven months to administer a "new" test is acceptable. The three Summary Scales available are [redundant] on this test which has only ten clinical scales to start with. With regard to the Summary Scales, she called the publisher and verified they are not required to use the test results.
- MMPI test: Competent psychologists use a test to confirm or validate other data such as records, interviews, observations, other tests, etc. You cannot make a diagnosis based on tests, only to make hypotheses. Test measures personality characteristics as well as psychopathology and can be helpful in diagnosing BPD (Borderline Personality Disorder). Starts to describe the difference between State Characteristics and Trait Characteristics, but Willmott objects and is sustained.
- WRAT-IV test: States it is common practice to give the reading recognition portion of the test; she has seen college graduates who cannot pass it. She would spend the five minutes to give the test rather than risk getting bad results on the MMPI which requires a reading level of at least 6-8th grade. "I would have done it." Hayes seems familiar with DeMarte's report.
- MCMI test: Less researched than the MMPI. Hayes would give both if possible, both are very good. If she could only give one, she'd give the MMPI because it's better researched.
Defense Points Scored: +1 for getting Hayes to admit she would not characterize her pre-licensing experience as "practicing".
Prosecution Points Scored: +1 for getting his witnesses on and off the stand without mindless yada yada.
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