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Hall v. State8/22/2005
e worst possible witness in his own defense." His diagnoses included chronic depression, polysubstance dependence, severe personality disorder, emotional disorganization, inability to control emotions, and tendencies toward fear and anxiety, but the doctor found no significant medical disorders. As to mitigation evidence, Dr. Brown opined that the victim's death was a "crime of passion," and there was clear clinical evidence of mitigating factors contributing to the crime.
On cross-examination, Dr. Brown said that his evaluation agreed with Dr. Meyer's evaluation in terms of diagnosis and clinical history. He said that post-conviction counsel directed him to find out whether there was evidence of premeditation and specific intent and/or evidence of specific mitigating factors related to the crime. The doctor's determination of the Petitioner's mental state came from objective evidence of his actual behavior, including other people's accounts, and physical evidence, as opposed to the Petitioner's own account of what happened. Dr. Brown testified that he had not concluded that the Petitioner was incapable of forming an intent, but that the Petitioner's intent was directed at the vehicle, not the victim. Dr. Brown said he did not believe the victim's breaking up with the Petitioner was a plausible motive for her death because she and the Petitioner repeatedly broke up and there was no evidence that indicated that the Petitioner believed the relationship was truly over. He further testified that the victim's apparent abortions were a "possible," but not a "probable," motive for the Petitioner's actions because the evidence showed that the Petitioner wanted to be with the victim at all costs.
Dr. Brown said that, although the Petitioner intended to burn the car, it was possible that he had formulated a decision "in that instant" to burn the victim too when she would not exit the vehicle as instructed. In terms of deliberation, specific intent and premeditation, Dr. Brown concluded that the situation involved "less and less premeditation in any sense, but more reacting to events" as the Petitioner and victim confronted each other that night. Dr. Brown said that the fact that the Petitioner was sleeping when detectives came for him was a common emotional reaction that some people exhibited in response to acute stress, while others exhibited excessive alertness.
On redirect-examination, Dr. Brown testified that, in his opinion, Dr. Meyer's report omitted three areas of information: childhood sexual abuse or the environment in which the Petitioner was raised; the level and degree of substance abuse; and the issues of premeditation, specific intent, and deliberation. Dr. Brown concluded that the Petitioner's ability to consider the consequences before he acted was "significantly impaired." Dr. Brown said he was aware of phone messages that the Petitioner had left the victim in which he told her, "I will kill you and burn your car." Dr. Brown testified that the statements were illogical and indicated someone who was, "at best, confused." He noted that threats or acts of violence were not typical for the Petitioner.
Stuart Bayne, also a licensed private investigator, testified as an expert "fire and explosion cause origin analyst." He said that he was asked by post-conviction counsel to review the evidence and to determine how the fire occurred that killed the victim. He said that post- conviction counsel specifically requested that he examine their theory that, based on the statement of a witness, Kemp, the gas was first ignited and then thrown into the car. Based on his investigation, Bayne concluded that the physical evidence did not match the State's theory at trial that the gaso
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