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State v. Flake8/5/2003
the Oklahoma City bombing and the other was responsible for the 1993 World Trade Center bombing. Dr. Farooque stated that the defendant claimed that he was an FBI agent and that he was doing society a favor by taking care of these terrorists. According to Dr. Farooque, the defendant repeatedly said, "I did not do anything wrong." At the end of the initial evaluation, the forensic team, including Dr. Farooque, determined that the defendant was not competent to stand trial. After the trial court found the defendant incompetent to stand trial, he returned to MTMHI for ten months before his transfer to Western Mental Health Institute ("Western"), a less secure psychiatric facility in Bolivar, Tennessee. Dr. Farooque treated him during this period as well. Based upon her evaluation and treatment, Dr. Farooque diagnosed the defendant with paranoid schizophrenia, which she described as a very serious mental disease marked by auditory hallucinations, fixed false beliefs, disorganized affect, and negative symptomology. She testified that the defendant's history reflected a gradual decline in his mental health, characteristic of schizophrenia sufferers. Dr. Farooque concluded that on the day of these shootings, the defendant was suffering from paranoid schizophrenia, that he was not malingering, and that he did not understand the wrongfulness of his conduct in shooting the victims.
On cross-examination Dr. Farooque admitted that the defendant had not reported auditory hallucinations prior to his arrest in this case, despite ten years of prior mental health treatment. She also acknowledged that malingering is always a concern when a person does not report hearing voices until after his or her arrest. She discounted the concern in this case, stating that the defendant had always reported hearing voices while at MTMHI. Dr. Farooque admitted that the defendant had given inconsistent answers to questions about when the voices began, and she recalled that the defendant said he had not reported the voices prior to his arrest because no one had previously asked him. Finally, Dr. Farooque acknowledged that the defendant had completed college level criminal justice courses.
Dr. John Aday, a psychologist employed at Western, observed the defendant several times per week after his transfer from MTMHI, and he interviewed the defendant once every three months. Dr. Aday and the forensic team at Western evaluated the defendant to determine his competency to stand trial. While Dr. Aday concluded that the defendant was suffering from paranoid schizophrenia and believed himself to be an FBI agent who was performing his duty by shooting the victims, Dr. Aday concluded that the defendant was competent to stand trial in February of 1999, some two years after the shootings. However, Dr. Aday admitted that the defendant still reports hearing voices, although he describes the voices as less prominent and says he is unable to understand them. At the time of trial, the defendant was being treated with Haldol, Zyprexta and Amitriptyline. Dr. Aday opined that the defendant's condition likely would not improve with further treatment. Dr. Aday did not evaluate the defendant to determine his competency at the time these offenses were committed.
Testifying next for the defense was Dr. Hilary Linder, a psychiatrist employed at Western. Dr. Linder began treating and evaluating the defendant in November of 1998, after the defendant had been declared incompetent to stand trial, with the goal of assisting the defendant attain his competency. Dr. Linder opined that the defendant suffers from paranoid schizophrenia and is not malingering. Dr. Linder also was of the opinion that the defendant was not able to appreciate the wrongfulness
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