I. Qualifications

1. Name
2. Address
3. What profession?
- clinical psychologist
4. Education

- BA, UK, 1967 - Biological Sciences
- UC, MA, 1968 - Clinical psychology
- UC, Ph. D. 1970 - Clinical psychology

- conclusions are judgments based on education, experience, skill, ob-servation, testing, interview, etc.

- Move to have him declared expert able to render expert opinions in his field.

1. How did you get involved in this case?

- contacted by defense counsel, who asked if I'd be willing to evaluate Mr. Morton, and render an objective opinion about his personality, mental status at time of his acts on June 9, 1984, and a lot of other questions
I said yes, and clarified for them that they could expect an objective assessment that they may or may not want to present as part of the case.

- a history of Elzie
- diagnostic clinical interview
- series of structured, objective tests
- reviewed all prior testing and evaluation of him supplied by you
- reviewed a large amount of other information about this case sup-plied to me by you

Battery of tests:
- MMPI
- WAIS - R
- California Psychological Inventory
- Bender-Gestalt
- TAT
- House, tree, person
- Rorschach
- wide range achievement teat
- Halsteadetin neuropsychological battery
- Benton
- Incomplete sentencer
- Diagnostic clinical interview

- the more information you can obtain, the more certain you can be in making judgments - testing is more objective

III. Individual Tests

1. Let's talk awhile about each individual test you administered, what it is, how administered, and results.

IV. House/Tree/Person

1. Explain what this test is.
2. How developed?
3. How administered?
4. What is the rationale behind this test and draw tests in general?
5. Results?
6. How subjective/objective is this test?
7. Degree of confidence in results of this test/limitations

V. Bender-Gestalt

1. Explain what this test is
2. How developed?
3. How administered?
4. What is rationale behind this test?
5. Results
6. How widely used is this testing technique?
7. How subjective/objective is this test?
8. Degree of confidence in results of this test/limitations

VI. Rorschach

1. Explain what this test is
2. How administered?
3. Rationale

a. 1st phase, free association phase, examiner avoids active involvement

- 10 inkblots
- subject told "no right or wrong answers"
- one at a time
- telling the examiner what he sees
- not limited in number of responses to each inkblot
- inquiry

b. 2nd phase: inquiry (examiner becomes more active)

- examiner asks questions to clarify his understanding of the way that the subject has perceived the inkblots, e.g....

c. Interpretation

- location
- determinant
- content
- popularity – originality

d. Social interaction between 2 people; qualitative aspects of this interaction

- variant of the interview where examiner and subject engaged in a personal exchange
- In what way does the subject accept and respond to the ink-blot talk presented to him?
- In what ways does the subject react to the examiner?
- What is the emotional tone of the subject's behavior?
- Are there discernible themes that run through subject's responses?
- How comfortable does the subject seem to be in handling the Rorschach cards and in coping with the testing situation?
- Does the subject seek to obtain the assistance of the examiner in "solving" the test presented to him?

5. How widely used

- among the most widely used personality instruments
- has proved practically useful to clinical workers because of characteristics other than its perceptual scores.

VII. Incomplete Sentence

1. Explain what this test is.
2. How developed?
3. How administered?
4. What is rationale behind this test?
5. Results?
6. How widely used is this testing technique?
7. How subjective/objective is this test?
8. Degree of confidence in results of this test/limitations

VIII. Wide Range Achievement Test

1. Explain test
2. How developed?
3. How administered?
4. What is rationale?
5. Results?
6. How subjective/objective?
7. Degree of reliability/limits?

IX. Benton

1. Explain what this test is.
2. How developed?
3. How administered?
4. What is rationale behind this test?
5. Results
6. How widely used is this testing technique?
7. How subjective/objective is this test?
8. Degree of confidence in results of this test/limitations

X. WAIS - R

1. Explain test
2. How developed?
3. How administered?
4. What is rationale?
5. Results?
6. How subjective/objective?
7. Degree of reliability/limits?
8. How widely used/in what contexts?

XI. Halstead Retin Neuropsychological Battery

1. Explain what this test is.
2. How developed?
3. How administered?
4. What is rationale behind this test?
5. Results?
6. How widely used is this testing technique?
7. How subjective/objective is this test?
8. Degree of confidence in results of this test/limitation.

XII. California Psychological Inventory (CPI) (introduce blowup)

1. Explain test
2. How developed?
3. How administered?
4. What is rationale?

- developed from 1948-57
- similar to MMPI in several respects
- personality characteristics for social living and interaction
- 480 questions, 18 scales; norms from over 600 men and 7000 women
- Among the scales:
- Dominance
- Sociability
- Self-acceptance
-Self-control
- Sense of well-being
- Validity scales
- Goal: prediction of everyday social behavior
- High level of sophistication used in constructing CPI

XIII. Minn Multiphasic Personality Inventory (MMPI) (introduce blow-ups)

1. Explain test
2. How developed?
3. How administered?
4. What is rationale?

- objectively scored personality test
- answers 566 questions about how he thinks, feels behaves
- result is formulated as a personality profile that tells a psychologist what this person is like and gives an indication of how and why he may react
- used since 1942
- the questions pertain to attitudinal and emotional reactions; behavior and symptoms; aspects of subject's past life
- 3 validity scales
- 10 clinical scales
- Hypochondriacal
- Depression
- Hysteria
- Psychopathetic
- Masculinity/femininity
- Paranoid
- Psychasthenia
- Schizophrenia
- Mania
- Social introversion
- Anxiety
- Repression
- and many other special scales
- categorizes patients and gives a comprehensive personality description

- most widely used self-report questionnaire

a. 7/77 - Lexington Comp Care
b. 10/77 - Dr. Marx
c. 7/79 - Dennis Wagner
d. 2/80 - Leppert
e. 8/82 - Leppert

- progressive deterioration in his personality over time

1. How many tests have you administered and evaluated over your years of practice?
2. What are your basic conclusions from the results of all of these tests?

XV. Previous Tests (introduce blowups)

1. Has Elzie previously taken psycho-logical teats that you have information about?
2. List those tests and when taken

a. Lex. Comp. Care - 1977

-MMPI
- Shipley Institute of Living Scale (7/27/77)

b. Dr. Marx - 1977

- MMPI (10/77)

c. KCPC (Wagner) - 1979

- QT

c. MMPI (7/79)
d. LaGrange - 1979

- Revised Beta Examination (Beta-II) (9/14/79)
- 1980 - MMPI (2/22/80)
- 1980 - WAIS (2/25/80)
- 1982 - MMPI (8/23/82)

- Discrepancies in Shipley
- Discrepancies in Leppert's WAIS
- Others

- Shows deterioration
- Can you fake tests, especially MMPI?

1. Has Elzie been previously evaluated by mental health professionals?
2. List by who, their profession, when

A. Lexington Comp Care

a. Dr. Ruiz - psychiatrist

- 7/77 - 2/78

b. Diane Fullenwider

- certified psychologist

c. Dave Rodenheffer -
d. Ed McChord

- courts and jails project supervisor

e. Dr. Marilyn Marx

- psychologist - 9/23/77

f. Dr. Martin Gebrow

- psychiatrist - 9/15/77 & 10/13/77

B. VA Hospital
- 11/7/77 - 2/21/78

a. Suzanne Dozier

- psychological nurse

b. Charles Powell

- social worker

c. Dr. Kenneth Moore

- psychiatrist

C. KCPC
- 7/11/79 - 8/2/79

a. Dr. Pran Ravani

- psychiatrist

b. Robert Hopps

- social worker

c. Dennis Wagner

- psychologist

D. Lagrange - 1979 - 1984

a. Norb Leppert

- psychologist

b. Claude Turpin

E. Lexington Comp Care

a. Gail Trumpe-Morrow

- 1984

F. For this Trial

a. Dr. Lange, April, May 1985

XVII. Interview with Elzie

1. How long did you spend interviewing him?
2. Did you interview anyone else?

- Yes, Elzie's mother, sister, father

- She lives out of state

XVIII. Diagnosis

1. Doctor, based on all this information and analysis have you found a diagnosis?
2. What is it?

- personality disorder

- PERSONALITY. Deeply ingrained patterns of behavior, which include the way one related to, perceives, and thinks about the environment and oneself.
-DMI-III p. 366

- Personality traits are prominent aspects of personality, and do not imply pathology. Personality disorder implies inflexible and mal-adaptive patterns of sufficient severity to cause either significant impairment in adaptive functioning or subjective distress.
- DSM III, p. 366.

-Personality traits are enduring patterns of perceiving, relating to, and thinking about the environment and oneself, and are exhibited in a wide range of important social and personal contexts. It is only when personality traits are inflexible and maladaptive and cause either significant impairment in social or occupational functioning or subjective distress that they constitute Personality Disorders. The manifestations of Personality Disorders are generally recognizable by adolescence or earlier and continue throughout most of adult life, though they often become less ob-vious in middle or old age.
Many of the features characteristic of the various Personality Disorders, such as Dependent, Paranoid, Schizotypal, or Borderline Personality Disorder, may be seen during an episode of another mental disorder, such as major Depression.
- DSM III, p. 305.

- The diagnosis of a Personality Disorder should be made only when the characteristic features are typical of the individual's long-term functioning and are not limited to discrete episodes of illness.

- Borderline

- stress produces decompensation

- Multiple factors some known, some unknown

- Any given time, not as disturbed

- agree, but doesn't adequately explain depth of problem

- other testing?
- other evaluations
- other diagnosis
- your interview
- basically progressive deterioration over time prediction of this act - not out of line

- Within psychological certainty

XIX. The Crimes/Mental State

1. Have you read Elzie's 2 confessions?
2. Have you listened to the 2 tapes of his confessions?
3. Have you reviewed the police chronology and reports?
4. Doctor, based on what you know about Elzie and the offenses, do you have an opinion within reason-able psychological certainty as to Elzie's mental state on June 9, 1984 for the act of raping Lin Jung Chen? -Elzie intended to rape someone that night
5. What is it?
6. ...for the act of killing Lin Jung Chen on June 9, 1984?
7. What is it?
8. Explain?
9. Did Elzie act under the influence of extreme emotional disturbance?
10. Explain?
11. Was there a reasonable explanation or excuse, the reasonableness of which is to be determined from Elzie's viewpoint in Elzie's situation under the circumstances he believed to exist?
12. What was it?

- distortion of reality
- borderline
- through development of chronic severe emotional disorder he has, among other things, hatred of women, border line personality disorder
- at time of killing had disassociative psychotic break
- rage; he was so furious and angry he had to react and did
- symbolic killing mother
- stress
- movie
- show

- extreme stress produced fear, loss of control, rape.

XX. Bad Facts (play parts of confes-sion)/Confessions

1. Isn't there a lot to show intentionality of rape (and impliedly to murder) that is contrary to your diagnosis:

- torn towels in knapsack
- "I went to University to see if I could find a girl to rape her"
- waited until she was alone
- snuck up on her
- told her to take her clothes off
ANS: rape kit not that uncommon among rapists

2. Isn't there a lot to show intentionality of murder contrary to your conclusion and judgment

- choked her for 1/2 hour
- put her head in toilet for 15 to 30 minutes to - keep her from talking
- to silence her
- so she wouldn't identify me and to drown her
ANS: no, not inconsistent with my diagnosis
- this is evidence of psychotic break
- gaps in memory
- need to punish self for this horrible crime
- how does it make sense for Elzie to confess so readily if he killed victim to silence her so she wouldn't identify him?

1. Explain again what Extreme Emotional Disturbance is

- includes any psychological dis-turbance, either acute or chronic, which exhibits itself in reduced self-control, excessive influence of emotion, stress, panic, hallucinations, rage or distortion of thinking and reality.

It includes a transitional, situational reaction in which an individual with no apparent mental disorder, when exposed to an extreme, unusual, overwhelming stress has an extreme emotional reaction to it, which may result in a sudden, impulsive, blind, irrational outburst.

It includes an emotional condition where a person is directed by emotions or feelings, rather than by reason. One's passions, excited beyond intellectual control, take over. Rage is then the predominant feature.

It includes an increased irritability associated with sporadic and unpre-dictable explosions of aggressive behavior, upon even minimal or no provocation.

- ability to maturely and meaningfully deliberate, reflect and have conscious objective to do something in the absence of mental disease or defect

1. Explain stressors

- stress from person's viewpoint vs. objective stress

- recently paroled
- new job
- living with mother
- continued and consistent effect of mother
- dysfunctional fairly
- T. G.
- Dad
- divorce(s)
- being a convict
- stress of Job from Elzie's viewpoint
- stress of going to psychologist, who was a female
- stress of parole officer
- argument with mother on Friday evening
- no friends, male or female
- no socializing
- associal not antisocial
- unconfronted anger, rage
- confusion
- self concept

- severe and chronic

- led to depression, more anger, decompenstion

- no
- Why not?
- culmination of multiple, pre- existing active and dormant personality characteristics

1. Explain rage, anger
2. What anger does Elzie have through his life?

- repressed rage

- double bind messages

- yes

- no

- no ego strength, emotion over rational thinking

XXIV. Control

1. Explain control of one self
2. Did Elzie have problems with control in his life?
3. Did Elzie have problems with control on June 9?
4. How so?
5. Was he able to completely control his actions in life and that night?
6. Why not?

XXV. His Understanding of Disorder

1. What level of understanding does Elzie have of his personality disorder(s)?

- superficial; constantly preoccupied with rage and maintain controls.

- limited insight is common charac-teristic of borderline personality disorder

XXVI. How Did Elzie Get This Way

1. How did Elzie end up this way? What factors in his life caused this?

- summarize answer that will be fully explored in your penalty phase testimony

1. Are there different kinds of rape?
2. What are they?

- anger, control, sadistic

- rage, hatred, aggressiveness

- behaviorally, not paychologically, it is an act of rage and anger.

1. Do you have an opinion of whether Elzie wanted to stay out of trouble?

- very much did

- isolated himself

XXIX. Affect/Meanness

1. What is affect?

- feeling

- flat, depressed

-no

- disturbed painful but compulsive behavior, no control over it

XXX. Reemphasize Diagnosis/Mental State
1. What are you most sure about Elzie in terms of his personality?
2. How sure are you that he's mentally ill?
3. Why are you so sure?
4. Is that any doubt in your mind that he's mentally ill?
5. Was the murder premeditated?
6. Once again Dr., what are you saying his mental state was on June 9, 1984?

- severe emotional disturbance
- dissociative psychotic break
- decompensation of previous active mental disturbance
- Elzie has had this potential for a long time
- greatest tragedy is not that this happened but that it was predicatable and we (my profession) did nothing to reduce the chances of it happening.

XXXI. Possible Questions by Prosecutor on Cross-Examination

1. AREN'T YOU BEING PAID BY THE DEFENSE, AND THEREFORE GIVING DEFENSE OPINION?
- Not being paid for opinion only professional services

2. ISN'T THIS JUST YOUR OPINION?
- No, background, experience, other evaluations, etc.

3. AS TO OPINION ON MENTAL STATE AT TIME OF OFFENSES, IT'S NOT REALLY VALID IS IT BECAUSE YOU SAW HIM SO LONG AFTER OFFENSES?
- You don't have to see it snow at night to say snow on the ground in the morning, if it's there.

4. AREN'T YOU BASING OPINION ON INFORMATION FROM MAN WITH MOST EXTREME REASON TO FALSIFY?
- no - basing on test data, other evaluations, never base opinion on what accused tells me.

5. YOU CAN'T GUARANTEE HE WILL BE CURED, CAN YOU?

6. YOU CAN'T GUARANTEE US THAT HE'S NOT DANGEROUS, OR WILL BE DANGEROUS, CAN YOU?
- No, I can't.

7. YOU CAN'T REALLY PREDICT HIS BEHAVIOR, CAN YOU?
- depends on environmental circumstances

8. YOU'RE NOT SAYING HE'S NOT CAPABLE OF BEING VINDICTIVE, ARE YOU?
- don't know what that means, please explain

9. YOU CAN ONLY TALK ABOUT YOUR GUESS AS TO THE KIND OF PERSON HE IS AND NOW WHAT HE DID AT THIS INCI-DENT, CAN'T YOU?
- No, see above

10. YOU CAN'T SAY HE DID NOT ACT CONTRARY TO HIS PER-SONALITY DURING THIS INCI-DENT, CAN YOU?
- No, ln fact he did.

11. HE KNEW FULL WELL THAT SOMEBODY COULD BE HURT, DIDN'T HE?
- Not in the sense that you and I know of

12. HIS MOTHER IS NOT COMMIT-TING CRIME, SO HIS MOM ISN'T THE REAL PROBLEM IS SHE?
-she set him up, unintentionally for major problems

13. ISN'T THE ULTIMATE WAY FOR A CRIMINAL TO PROVE HE'S A MAN FOR THE CRIMINAL IS TO KILL SOMEBODY?
- no, that's extremely simplistic

14. PSYCHOLOGY IS NOT AN EXACT SCIENCE?
- true

15. ITS SUBJECTIVE?
- only to an extent, it is a science, mostly objective

16. PSYCHOLOGISTS DIFFER EVEN ON SOME DATA?
- sure

17. PSYCHOLOGISTS IN THIS CASE EACH HAVE A DIFFERENT DIAGNOSIS
- Not really, different words to describe same behavior

18. NO TWO EXPERTS THE SAME?

19. HE HASN'T EVER TOLD YOU HE'S SORRY?
- don't know, good, will ask Elzie

20. YOU HAVEN'T TALKED TO PEOPLE WHO SAW HIM SHORT-LY BEFORE OR AFTER?
-eyewitness accounts are scien-tifically unreliable - total body of scientific literature in the "Psychology of Perception"

21. DON'T KNOW HOW HE APPEARED PHYSICALLY, DEMEANOR?
- No, not relevant

22. CRIMINAL BEHAVIOR IS ANTI-SOCIAL
- Yes, by definition

23. YOU CAN ONLY GUESS WHAT ELZIE'S STATE OF MIND WAS THE EVENING OF JUNE 9?
- No, can make conclusion based on deductive logic, and experience, and other ________ to exhibits, etc.
 
 

I. Introduction
A. Name, present address
B. Where were you born?
C. Where were you educated?
D. What training did you receive to become a psychiatrist?

1. Describe the specific training you received following medical school.

1. What is a child psychiatrist?
2. How does that differ from someone with a traditional psychiatrists' training?

1. What does that entail?
2. Are you board certified?

MOVE T0 ACCEPT HIM AS AN EXPERT IN THE FIELD OF PSYCHIATRY.

II. What is a Psychiatrist?

A. What do psychiatrists do?
B. How is what you do different from a clinical psychologist?
C. How do you find out about a person differently from the way a clinical psychologist does?
D. In what way do you use what psy-chologists find out about a person?
E. What methodology do you use in order to find out about a person?

1. How does that differ from what a psychologist does?
2. Is one or the other any more or less legitimate as a way of discovering what a person is about?

A. What is it?
B. What does it develop?
C. Why is a personality important?
D. How is personality related to behavior?
E. What is a personality trait?
F. What is a personality disorder?

1. When do personality disorders begin?
2. Can a personality disorder be serious?
3. How serious?
4. How debilitating can a personality disorder be?
5. How is this different from have a bad personality?

A. How did you become involved?
B. What is the fee arrangement?

1. Do doctors work for free?
2. Does this mean we have bought your opinion in some way?

1. How many times did you see Elzie? Was this adequate?
2. What do you do in such an interview?
3. What can you find from such an interview?
4. How can you evaluate some-one's person in three interviews?

1. What other mental health re-cords did you review?
2. What is it important to review these?
3. What materials did you receive concerning the crime itself?
4. What else did you receive? What was the quality of the materials you received and reviewed?

1. Were you available and willing to talk with the prosecution?
2. Would you have shared your findings with them?

A. Diagnosis

1. Based upon this information, do you have an opinion, to a reasonable psychiatric certainty, regarding Elzie Morton's mental status? What is it?
2. What are the meanings of these diagnoses?

a. What is a bordering personality disorder? Is this from the DSM-III?

i. How serious is this?
ii. Can it lead to psycho-sis? What does that mean? How is stress related to the appearance of psychosis?
iii. What is the most ser-ious personality disorder? What is that?
iv. In what way does this describe Elzie?

- unstable relationships
- inappropriate and intense anger
- identity disturbance
- affective instability
- emptiness and boredom

b. What is a schizotypal personality disorder?

i. How serious is this?
ii. In what way does this describe Elzie?

c. What are paranoid traits?

i. How does this describe Elzie?

- jealousy
- quick to take offense
- appears cold
- exaggerates difficulties
- social isolation
- odd speech

ii. How are his long pauses in conversation related to this trait?
iii. How would this effect feelings toward siblings? Girlfriends?

1. You stated that you reviewed other diagnoses and evaluations of Elzie Morton?
2. Are they consistent or inconsistent with their findings with what you have stated today? Explain.

a. You were aware of Dr. Ravani's analysis?
b. What do you think of it?

3. Did you notice any progression from Elzie's first evaluation in 1977, when he was 24 years of age, and today?

1. What has caused Elzie to become this way?
2. When did this develop?

1. How does Elzie view the world?
2. What kind of self image does he have?

a. Why is self image important?

3. How does he view others?
4. How does he relate to other persons?
5. What effect does stress have on him?
6. What does he want to do with his life?
7. What is an affect?
8. What is Elzie's affect and what does it mean?

VI. The Crime Itself

A. How do you know about the crime?
B. What stress was Elzie under during the spring of 1984?

1. What would that stress do to Elzie?

- mother
- Martha, oriental sister-in-law
- emotions boiled over

1. Under how much control was Elzie?
2. What was he unable to control himself?

1. What was the degree or intensity of his emotion that night?
2. What reasonable explanation or excuse was he acting upon?
3. What is that reasonable from his perspective?

1. Why would he say that he did?

VII. Summary (Next Day of Trial)

A. Please summarize your diagnosis of Elzie Morton.

1. What is your primary diagnosis?
2. How serious is this personality disorder?
3. Is this:

a. A bad personality?
b. A problem?
c. A serious disturbance?

A. How do you know about the crime?
B. What stress was Elzie under during the Spring of 1984?

1. What would that stress do to Elzie during that period of time?
2. Is it important to view stress from our perspective or the per-son's perspective?

1. What was going on emotion-ally at the time of the crime?
2. What was the degree of intensity of these emotions?
3. What is your analysis of the factors which contributed to the raping and killing of Lin Jung Chen?
4. Sexual Sadism

a. Where is it in the DSM?
b. This is a disorder?
c. An illness?
d. What does this indicate about whether he has a normal or abnormal sexual identity?
e. Why is this important?
f. DSM indicates that this disorder begins in childhood.
g. DSM also indicates that brutality often occurs in families of individual with this disorder?
h. Where does this fit with the other primary or predominant personality disorders which you have described?

5. How important was rage that Elzie was experience?
6. What is the source of the rage?
7. Why was Elzie enraged? At whom?
8. How does it make sense to kill someone you don't know due to rage at your mother, Martha Morton, and other family members?
9. What was the effect of the per-sonality disorder on Elzie's behavior that evening?

1. Under how much control was Elzie on the night of June 8, 1984?
2. Why was he unable to control himself?
3. He was not insane, was he?
4. He was not acting, thinking, or feeling normally, was he?

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