Game within the game: Why defense fears Pistorius evaluation

May 20, 2014

Tuesday, May 20, 2014

Good morning:

According to the Guardian, Judge Masipa has ordered Oscar Pistorius to spend 30 days as an outpatient at Weskoppies state psychiatric hospital in Pretoria, beginning on Monday 26 May.

• He must attend every weekday between 9am and 4pm (or until excused by the medical superintendent at the hospital).

• The four professionals overseeing his assessment include Dr. Leon Fine, Professor Herman Pretorius and Dr. Jonathan Scholtz.

• This panel will compile separate reports for the court to judge whether Pistorius was criminally liable for his actions, and whether he “appreciated the wrongfulness of his conduct”.

• Setting out the details and purpose of Pistorius’s evaluation, Masipa said:

“The panel [of mental health professionals] will establish whether the accused was by mental illness or defect criminally responsible for his actions.

The panel will also seek to establish whether Pistorius appreciated the wrongfulness of his conduct.”

• The court will resume on 30 June to hear the results of the evaluation.

Dr. Scholtz is a psychologist. Dr. Fine and Professor Pretorius are psychiatrists.

Here’s a description of what will happen during the 30 day observation and evaluation provided by Carly Danielle, a psychologist who did her internship at Weskoppies state psychiatric hospital where Pistortius will be evaluated. This is a standard procedure.

Conduct lengthy psychiatric interviews in which they will obtain his full life history, his family background, his criminal history, and also importantly his psychiatric history.

Administer a range of psychological and other tests. These will include personality tests, neuropsychological tests, tests for malingering (the technical term for faking a mental illness) and general cognitive tests that evaluate each and every cognitive process from intelligence to memory. Each test can take between 30min – 3 hrs to complete. It is an extremely rigorous process. To give an example, the MMPI (The Minnesota Multiphasic Personality Inventory) has over 500 items.

Observe him during every single minute of every procedure. In addition to the formal interviews and tests, OP’s every move will be scrutinized. He will be evaluated on his appearance, attitude, behaviour, mood and cognitions.

After each member of the team has concluded theses procedures, they will then meet and together they will formulate a diagnosis.

The first question is whether he suffered from mental illness or defect at the time of the shooting.

Dr. Vorster diagnosed him with a general anxiety disorder, which qualifies as a mental disease or defect under DSM V. The panel may agree or disagree. Regardless, I believe there is a substantial probability that they may diagnose him with an antisocial personality disorder and/or narcissistic personality disorder.

Either or both will eliminate any possibility of a favorable outcome to this process for Pistorius because people who have that diagnosis can distinguish between right and wrong and appreciate the wrongfulness of their conduct, but they go ahead and commit the crime because they want to and think they can get away with it. If they do get caught, they will often attempt to lie their way out of trouble.

Probably most politicians, corporate CEOs, white collar criminals and the criminal banksters share this diagnosis. Many cops do too.

Defense counsel, Barry Roux, will argue, that because of his general anxiety disorder, OP misinterpreted the sounds he heard as caused by an intruder instead of by Reeva Steenkamp.

State prosecutor Gerrie Nel will argue that OP shot her to death because he lost his temper during an argument in which she threatened to leave him and then he lied about it to escape legal responsibility.

The problem with the defense argument is that even an anxious person has a duty to exercise reasonable caution to avoid shooting through closed doors with intent to kill the person on the other side without determining if she be friend or foe and when the use of deadly force isn’t reasonably necessary to protect themselves from death or serious bodily injury.

Barry Roux knows this and that is why he so vigorously resisted the 30 day commitment. He also probably fears that the team will come back with the APD and/or NPD diagnosis.

If you appreciate my game-within-the-game analysis of what is really going on beneath the surface in this case, please make a donation today. There have been only four donations this month totaling $45 and that is beyond depressing. Please help us keep the lights on.

Fred


%d bloggers like this: