Jury Questions (paraphrased)

1.  How do you feel events such as incarceration…can affect the tests?”     MMPI- increase paranoia, depression, anxiety. No effect on MMCI (long term traits).

2.  Could an individual score differently after a traumatic experience like killing someone than before?      Depends on tests. Trauma inventories- yes, definitely. Personality tests- yes, can be impacted…depression.

3.  Discuss high/low scales on validity page of the MMPI. (He goes through and most are normal). Exaggerating is elevated- distress/cry for help.

4. OK for old version of test / old version of DSM?     DSM gives criteria for diagnosis. Like a guide. Not good to use outdated one.

5.  Changes between TSI 1 and TSI 2?    26 new or rewritten questions, 6 rewritten or taken out.

6.  PDS valid if lying about the event?     If lied…yes that’s important. If this didn’t do it and it’s made up then where did it come from? Why occurring?   Showing PTSD? Evaluator needs to find out.

7.  Lack of hemorrhage (blood) = lack of injury to the brain?   I assume gun shot is after death…depends on how far after…maybe not as much.

8.  A gun shot at a short distance wouldn’t drop a person?   Depends on caliber.  Even shot gun didn’t incapacitate…usually if through the side it will.

9.  If you get no compensation for this case…any organizations you are involved in?     Yes, the Institute will bill for services. 70-80 hours so far, $85-250 an hour, total $13,000 – $14,000. A small part of our budget.

10.  Regarding lying on the tests?    Validity tests detect these people.

11.  Possible to manipulate the four tests?    I could probably…you can go on the internet for the MMPI, tell how to fake it. Not possible with a battery of tests.

12.  If Dr. Demarte had additional evidence to support BPD would you see it in her report?   Yes.   Did she include this?    A little bit…most were from after meeting Travis. Has to have a pattern over years.

13.  Criminal act (?) cause anxiety?     If close by.   Considering years in jail?    I didn’t evaluate her- not my role.  (Not sure I got these right).

14. Did you know you were evaluating Jodi Arias.   I knew they were (the tests) Jodi’s.

15. Had you heard of the case?    No.              I was basically given the tests. I didn’t know the details.

16. Can bullets travel (again I missed part)? Yes, if it hits something it can.

17.If there is…(I missed)  answer: I could not.

18. Something about the summary scales…?    I was informed by the defense that she did not know they existed. Not using it is one thing, not knowing about it is another. Also using it to diagnose BPD…there’s entire books written on the MMPI…

Follow up, JW:

1. DSM tr didn’t have different criteria for PTSD.
2. PDS still had a trauma it matters but doesn’t make it invalid.
3. TSI tests were similar over years.
4. If she had/has BPD how do you explain all the trauma?
5. Bullets aren’t his specialty but it would have had to go through sinuses and deflect through motor strips. Also the membrane is intact.

JM is up:

1. He goes through and asserts that her pattern of consistency in tests is LYING! They argue over whether ‘exaggerate’ means ‘lie’. JM says so if the prosecutor says he’s 6 feet tall…Dr: “It’s likely both.” They argue some more.
2. PDS test is based on a lie. Does it call into question the validity of the test?  “Correct.”
3. MMPI info- says valid, but maybe exaggerated?
4. The different DSM books come out around every 10 years. Dr. Demarte gave the TSI 1 when the TSI 2 had been out for 6 months.
5. He didn’t know Dr. Samuels indicated to look at a possible personality disorder.
6. They argue over what he had said about Dr, Demarte being unqualified. It was partly due to what the defense lawyers told him.
7. He is getting his salary for today as well as the Institute getting paid.
8. He no longer treats patients. He consults. JM implies he testifies mostly and he denies it.
9. The Dr. has only worked with 2 projectiles in the head. JM points out that is less in terms of experience to the one who conducts autopsies. He agrees.

JM calls Dr Horn, the ME back up:

1. Autopsy photos back.  Not a lot of blood in skull=bled out/deceased. He draws the path of the bullet (a direct line). The brain was too decomposed to find the trajectory. If last wound it did nothing, if 1^st then he would have collapsed within 1-2 seconds.
2. JW on cross: It would take seconds for blood to drain from the system. Though the brain was like pudding he could still get slices. There was no wound track. He is not familiar with research about people with frontal lobe injuries being ok. Never in his experience.
3. Juror Question (HLN cut off the beginning- I got something like Are they deceased when you do the autopsy? “I hope so.”
4. JM –Gun shot immediately incapacitating? ‘If he was alive.” And if dead that would explain the lack of blood.
5. JW-This is your opinion? Yes- my training and experience.
6. Jury question about the intact membrane—he looks at his report and says it was a typo.
7. JM re: the perforation- he says there would have had to have been as it sits right where the bone was tore apart.
8. JW – You reviewed your report- Yes. You know this case is serious? Yes. You made a mistake?  Yes.
9. JM brings in Dr. Jill Hayes she does mostly forensics psychology.  Bachelors in 1990 from Armstrong State College. Augusta State=Masters 1992. Took a year off study- worked in testing. Then Louisiana State U. 1998=PhD. Was on faculty at LSU-asst. Prof. Licensed 1999. Became Associate Prof- was with for 8 years. See patients, research, admin…Katrina hit- LSU under water so came to Az. Now mostly forensic, still sees some people and police officers. Testified 75 times, 50/50 defense /prosecution.

10. She is familiar with the TSI test. It requires a trauma. She has not reviewed the PDS test in this case. Question #14 –the trauma. If it is a lie –that would give you concern. If the premise behind it is a lie it calls into question everything else. If symptoms are based on a lie how valid?   Of course the test would be invalid. If you know something is a lie how do you know what is the truth.

11. Floating profile- almost 8 in elevated range. Who coined it- a person named ‘Strong’ and it meant that they are experiencing arousal, overwhelmed and applied to BPD. JM shows her JA’s profile.  An outdated term… a little, but still researched and used. JM: Dr. Gatchell said it is no longer valid…Dr. Hayes: With all due respect I would disagree…he has done more research and changed the name for his purpose with spinal patients. It still was associated with BPD patients.

12. TSI –Measures trauma. Are you incompetent if you use the TSI 1 after TSI 2 available? No…some wait for additional research to see if the new test works. The peer reviewed literature doesn’t suggest that either…there is no standard. Includes summary scales – it can. Requires summary scales.  The hand scoring = there is no spot for summary scores. I contacted the publisher and asked…and it wasn’t a requirement. You can just look at the 10 scales.

13. MMPI-Use for BPD? It’s helpful but need other pieces of the puzzle. You can’t just look at a few tests and come up with a diagnosis, you need to evaluate, interview…JM- Would you need to give any test before you gave this one? <Objection> To determine level of reading ability? You have to insure they can understand it. In this case WRAT 4. In this case was it to get more money? In this case it would only take 5 minutes.

14. JW-Can’t you just give them something to read? No- you won’t have any normed opinion- JA was at 12^th grade level. If she had read through thousands of pages of Journal and texts and she can read/write, and IQ of 112…isn’t that enough to say she can read at a 5^th grade level. “Well it’s 6^th-8^th grade level…if she had not done that she would have been criticized for not doing it. She only did reading recognition. I would have done it.” MMPI not used to diagnose. For personality and psychopathology. MCMI normed against known psych. disorders. More research done with regard to personality disorders actually on the MMPI. I would give both. If just one I would choose the MMPI as it’s better researched. MCMI is great for helping determine characteristics but MMPI is research based as well. Scoring and summaries on the TSI. Best to use updated tests? You will know it’s coming out.  Dr. H: Generally the research before is done by the people who own the test so they have a lot to gain. Also a wealth of research on the old test. Because she didn’t have it is that a good reason? It sounds crass but these tests can get costly. JW- You had to call somebody to check if summary scales were required? On this case- yes. JW: There are instructions on how to score summary scales? Dr: Not on the hand-scored test.

15. JW- Floating Profiles and Dr. Gatchell. ‘Formerly known as the floating profile’ because he works with pain management. It’s called a ‘disability profile’ with his patients. Many had BPD also. Didn’t review the PDS. JW-If lied about how the trauma occurred but there was still a trauma. Dr: If they only lied that once how do you know if they’re telling the truth? If trauma was a bear/no tiger- does that invalidate the rest of the test. Dr: I would be very concerned. When this is self-report and the initial event was a lie then how do you know the symptoms stemming from that are true? The symptoms could still be there whether tiger or bear…with proof. Need to also look for more evidence.

16. If your not sure about the PDS test and PTSD can you give other tests? ‘Definitely.’ You can’t then ignore the tests given.

17. She has done 4 Death Penalty cases in last 4 years or so. For prosecution in all those.

18. License in 1999- so four years. She has had previous experience, pratice means you have a license…I wouldn’t.

19. JM back up.  Tiger vs. Bear…Gopher?  Difficult to continue? Yes if no physical symptoms confirms they lie. If event didn’t occur how it was stated then symptoms may not be true.

20. Floating profiles- out the window? No, author is clear- he never said don’t use Floating…State rests.

Court resumes tomorrow at 9.