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State v. Flake8/5/2003
bsessive-compulsive disorder. During his four years of treatment, Dr. Goldin prescribed a variety of medications for the defendant, including Anafranil, Clomipramine, Imipramine, Palamor, Nortriptyline, Norpramine, Prozac, and lithium, in an attempt to find the medication that worked best for the defendant. Dr. Goldin testified that the defendant's condition fluctuated but that he experienced some improvement, particularly after he prescribed Anafranil. Dr. Goldin recalled that at his last session, Mr. Flake thought the medication was not working and should be discontinued, but the defendant disagreed, so the medication was not discontinued. Dr. Goldin testified that the defendant was not functioning very well at their last meeting.
On cross-examination, Dr. Goldin admitted that he referred the defendant to Dr. Johnson because she specialized in treating addictions and dependencies; she was "tough"; and the defendant needed a change of pace. Dr. Goldin also acknowledged that the defendant did not report auditory hallucinations during his four years of treatment, and he did not diagnose the defendant with schizophrenia during that time. According to Dr. Goldin, the defendant's compulsions largely related to his appearance. Dr. Goldin had not reviewed any records of the defendant's treatment since 1995 and did not offer an opinion on the defendant's mental status at the time these offenses were committed. However, when asked by defense counsel whether or not a person suffering from schizophrenia knows right from wrong, Dr. Goldin responded, "unless a person is so totally scrambled that he just has no contact with reality, he can usually tell the difference between right and wrong. However the material that he's basing his decision on might distort what he chooses to do."
Testifying next was Dr. Lynne Zager, a clinical psychologist and Director of the Forensic Services Program at Midtown Mental Health Center. Dr. Zager evaluated the defendant pursuant to a court order from October 17, 1997 to January 28, 1998, to determine his competency to stand trial and his mental state at the time of these shootings. In conducting the evaluation, Dr. Zager personally interviewed the defendant four times, and she reviewed the results of psychological tests previously administered. Dr. Zager opined that the defendant suffered from paranoid schizophrenia, a severe mental disease or defect. She also opined that he had not been able to appreciate the wrongfulness of his conduct in shooting the victims. According to Dr. Zager, schizophrenia sufferers experience false fixed beliefs, possible hallucinations, and judgment problems. She recalled that the defendant had a number of delusional beliefs. For example, the defendant expressed fear that television personality David Letterman was part of a conspiracy to cause him harm because Mr. Letterman had on one occasion said, "Hi Mike, from Tennessee." The defendant also thought an inmate at the Shelby County jail was notorious serial killer Jeffrey Dahmer, and he believed another inmate had stolen a letter written to him by his father and was plotting to harm his father. The defendant claimed to hear voices and believed that his thoughts were being broadcast to other people. When asked why he killed the victims, the defendant told Dr. Zager that one victim was responsible for the 1993 World Trade Center bombing and the other victim was responsible for the bombing of the Oklahoma City federal building. The defendant explained that he had killed the victims to protect society, himself, and his family. When asked why he did not go to the police for help, the defendant claimed that the police were part of a major conspiracy.
Dr. Zager admitted that the defendant had a
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