judge Kuffel nodded. Peter turned toward his client and put a hand on his shoulder.
"Gary, we talked about this," Peter said quietly. "You can't talk while a witness is testifying. Okay? You write down anything you think is important and we'll talk about it. But don't talk now."
"I'm sorry " Gary said.
"Mr. Brock, do you have Gary's school records?"
Peter continued.
"Yes," Brock said, holding up-a manila folder.
"Was Gary a discipline problem at Eisenhower?"
"No, sir. In fact, there are very few negative comments in Gary's folder."
"Do children with Gary's handicap tend to fight?"
"No. To the contrary. Mentally handicapped children tend to shy away from fights, even if -they are big and strong like Gary, unless they come from a dysfunctional family and have developed antisocial traits."
"Why is that?"
"They feel inadequate compared to so-called normal people. They get frightened easily and believe they need permission to do things."
"Was Gary a mean or aggressive young man while at E'senhower?"
I 41 Definitely not. He was usually docile and very sensitive to other people's feelings. Let me give you an example. Gary loves football. I remember one game where a teammate was injured. Mentally handicapped kids have feelings like everyone else, but they have a harder time controlling them. They sort of wear their heart on their sleeves. I remember Gary being in tears while the I coaches attended to this kid."
"As an expert in mental retardation and as someone who knows Gary personally, were you surprised to learn that Gary was charged with this murder?"
"Yes I was. Nothing I know about Gary would have prepared me for this. The amount of violence involved ... Just the idea of Gary inflicting that kind of pain on another nsistent with Gary's person is inca personality and the way someone of his intelligence would function."
"No further questions."
Becky O'Shay glanced through the copy of Gary's school records she had received weeks ago with Peter's discovery material. When she was done, she smiled warmly at Elmore Brock. Brock's shoulders hunched a little more, but he flashed back a brief, nervous smile.
"It's Mr. Brock, not Dr. Brock?" O'Shay asked sweetly.
"Yes."
"So, Mr. Brock, you don't have a Phd.?"
"No.
"Am I correct that your master's is not in psychology?"
"Yes."
"In fact, you are not a licensed psychologist, are ?"
you "No.
"A licensed psychologist has to complete a one-year residency where he performs two thousand hours of ther py assessment in the area of his specialization while a under the supervision of a licensed psychologist, doesn't he?"
"Yes.
"You didn't do that, did you?"
Brock flushed.
"No," he said.
",&nd a licensed psychologist has to take national written exams and an oral examination given to him by the Oregon State Board of Psychologist Examiners.
doesn't he?"
Yes."
"But you didn't do that, did you?
"No," he answered tersely.
"Now, you've explained that the defendant is not as bright as normal folks, is that correct?""
"Yes.
"Could you tell the jurors what Gary's high school average was?"
"That doesn't mean..
"Your Honor ... O'Shay asked the judge.
"Yes, Mr. Brock. Please answer the question. If there is something Mr. Hale wants You to explain, he'll get a chance after Ms. O'Shay is done asking her questions."
Brock ducked his head a little and said, "Sorry."
"That's okay, Mr. Brock," the prosecutor said pleasantly. "This's all new to you. Do you want the question read back?"' "No, I remember it. Gary had a 3.20 grade average."
"A 4.00 is straight A's, isn't it?"
"Yes."
"And a 3.50 is honor roll?"
Yes.
"Now, I believe you said that someone like Mr. Harmon would have poor coordination?"
"Yes'
"Didn't the defendant earn a varsity letter in football his senior year?"
Brock started to say something, then choked it back.
"Yes," he answered tersely.
"You talked about things that the defendant can't do.
I'd like to ask you about some things he can do. For instance, can Gary Harmon lie?"
"Well, yes. Gary could learn how to lie."
"If he murdered a young girl would he be frightened?"
Yes.
"Would fear motivate a person with even an IQ of 65 to 70 to lie?"
"Yes."
"Now, you told a touching story about the defendant weeping when he saw a teammate injured during a football game."
"Yes."
"Then, I believe you testified that Mr. Harmon wept because mentally handicapped people have the same emotions as normal people but they have a harder time controlling their feelings."
"Yes."
ON th' M i "Anger is an emotion, isn't it?"
Brock saw the trap into which he had fallen, but he had no choice but to respond affirmatively.
"Mr. Brock, if someone with an IQ of 65 to 70 was drinking and very frightened because he had just butchered a young girl with a hatchet while in an uncontrollable rage, might he not block out the memory of what he had done?"
"That's ... that's possible."
"Mentally handicapped people are capable of persevering at tasks, are they not?"
"Yes, they can be very single-minded."
"So, if Mr. Harmon committed a particularly bloody and violent murder, fear might spur him to lie and he would be capable of sticking to that be?"
..Yes."
"What effect would being drunk have on this scenario?"
"Alcohol might make it more likely that Gary would not remember killing someone, if he did kill anyone," Brock answered reluctantly.
"I didn't kill that girl," Gary said.
"Your Honor," O'Shay said, staring at the defendant.
"Mr. Harmon, you may not speak out in court," judge Kuffel admonished Gary. "Do you widerstand me?"
Gary nodded. He looked upset. Peter whispered i something in his ear and Gary looked down at the tabletop.
"You said that planning is more difficult for someone with Mr. Harmon's IQ, did you not?" O'Shay continued.
"Yes.
"But he could plan a killing, couldn't he?"
"What type of killing are you talking about?"
"Let's say he was told that a woman at a bar wanted to go out with him by someone who was playing a practical joke. When Mr. Harmon asks the woman if she wants a beer, she not only rejects him, but insults his he intelligence, a subject about which he is very sensitive.
Let's say further that Mr. Harmon physically assaults this woman. My question, Doctor ... Pardon me. Mr. was tchalait he Brock, is whether Mr. Harmon is intelligent enough to make a plan that involves going to his house to obtain a weapon, returning to the area of the bar, following a woman from the bar, killing'her and getting rid of the murder weapon?"
"He ... he could carry out that plan."
!rse- O'Shay smiled. "Thank you. I have no further questions."
"Mr. Brock, you aren't a Phd but you are a speciality I heist in dealing with the mentally handicapped, are you not?" Peter asked the witness.
"Yes. That's where my training lies."
"What does Gary Harmon's 3.20 grade point average see- mean?"
"Not much. His grades are only relative to his ability auld the,11 to perform the tasks he's given. Gary does not have an A in advanced physics.
He has an A in life skills, which means he knows how to make his bed, tie his shoes and things of that sort. The grades are given to make the iant.
Urt", students feel good about themselves, not to reflect real academic merit."
tand "Ms. O'Shay pointed out that Gary was on the varsity football team at Eisenhower. Tell the jury about that."
iered & to- Gary looked up at the mention of his favorite sport.