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State v. Flake8/5/2003
n at the University of Tennessee in Memphis, performed both autopsies and testified about the victims' injuries. Dr. Smith testified that Fultz's death was caused by multiple gunshot wounds to his chest and back, which struck his lungs, heart, liver, and diaphragm, causing a great deal of bleeding into his chest cavity. Five bullets were recovered from Fultz's body. Dr. Smith testifed that Bizot's death resulted from a single gunshot wound to his chest which traveled from left to right, striking his aorta, lung, and diaphragm, causing a great deal of blood loss which interfered with his breathing. One bullet was recovered from his body. According to Dr. Smith, neither victim lived longer than four to five minutes after being shot. Steve Scott, with the firearms identification unit of the Tennessee Bureau of Investigation ("TBI"), testified that ballistics tests revealed that the bullets recovered from the victims' bodies were fired from the gun seized from the defendant's car.
The prosecution offered no further proof; however, the defense called several witnesses in support of the affirmative defense of insanity. Michael Todd Musso, the defendant's co-worker at Cooper Moving Company, testified that he had worked with the defendant for over one year prior to these shootings. Musso characterized the defendant as "just kind of out there." Musso had previously complained about the defendant's poor work performance; however, on the day of these shootings, Musso described the defendant's work performance as "really bad." Musso stated that the defendant appeared unusually agitated and that he stopped to smoke five to seven times in the customer's presence, which was strange since Musso and Flake were being paid by the hour. Musso also recalled that the defendant was particularly untalkative, speaking only when he needed a tool and when he borrowed money for lunch. Musso remembered that the defendant ate very little food after borrowing the money to purchase it and instead tore his hamburger into small pieces. At the end of the day, Musso again complained about the defendant's poor work performance and informed their supervisor that he would not work with the defendant again. When Musso left, the defendant was waiting outside their supervisor's office.
Testifying next for the defense was the defendant's father, James R. Flake ("Mr. Flake"), who graduated from law school in 1969 and has been a special agent with the Federal Bureau of Investigation ("FBI") since 1977. Mr. Flake recounted that at age three, the defendant experienced serious medical problems which required the removal of a kidney and limited to some extent the defendant's activities. While Mr. Flake was reluctant to describe the defendant as "babied," he testified that both parents were very concerned about the defendant because of their fear that his remaining healthy kidney would be damaged. Mr. Flake said the defendant was an exceptional child, described as a "leader" by his teachers, until he began having emotional problems at age eleven or twelve. Mr. Flake said the defendant then became a "follower," talked very little, and had few friends. The defendant's academic performance declined, and he began having disciplinary problems at school.
During his freshman year of high school, the defendant and his father consulted a church counselor, but the counselor indicated that he was not qualified to address the defendant's problems and suggested the defendant consult a psychiatrist or psychologist. Mr. Flake followed the counselor's advice and consulted a psychologist, Dr. Richard Luscomb, who treated the defendant for three to four years. Mr. Flake and his wife attended the treatment sessions as well. The defendant began drinking h
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