50

“Ms. Bianchi, your witness,” Judge Billings said.

Russo smoothed the front of her suit jacket. Her dark eyes homed in on Dr. Brown with an intensity that made him shift in his seat.

“Dr. Brown, in your years of experience, how many times have you diagnosed someone with delusional personality conduct disorder?” Russo asked.

“It’s a rare condition,” he admitted.

“So it’s safe to say that DPCD isn’t your area of expertise.”

“I wouldn’t say—”

“You’re not an expert in it,” Russo cut him off. “You’re not extensively published in the area, and you haven’t led any research studies on it, correct?”

“No, I have not.”

“So the prosecution’s expert witness in a case where DPCD is a key issue isn’t an expert in the disorder.”

“I doubt there are many experts. As I said, it’s a relatively new diagnosis.”

“Right,” she said with a bit of glee in her voice. Piper had a feeling the doctor had said exactly what Russo wanted him to say.

“So since it’s so new, and since, as you say, there are no experts that understand it—”

“I didn’t say that. I said there are only a few recognized experts. There are only a few recognized experts on the Galápagos Island blue-footed booby as well. Doesn’t mean we can’t study it.”

“Who’s the most recognized expert in the world on this disorder?”

“I wouldn’t know that off the top of my head.”

“So that would likely mean there are consequences and implications of the disorder that you are unaware of? Since no one even knows who the experts are that can tell them about it?”

“Something this new, we’re going to be learning about it constantly and adapting the current medical standards.”

“Dr. Brown, in your analysis, you noted that Mr. Whittaker experiences hallucinations and severe paranoia, correct?”

“Yes, that’s correct.”

“And you attributed these symptoms to DPCD?”

“Yes, those symptoms are often associated with the condition.”

“And schizophrenia, would that not also cause hallucinations and paranoia?” Russo asked.

“Yes.”

“Schizoid personality disorder?”

“Yes.”

“But instead of playing a guessing game as to which disorder is causing what, couldn’t we say those symptoms also align well with the trauma Mr. Whittaker experienced in his childhood? His abusive upbringing, the incidents of bullying, the torture and disfigurement ... Could these not also result in social withdrawal and difficulties with relationships?”

“Yes, absolutely.”

“Dr. Brown,” Russo said with a little more speed, “in all your experience, have you ever diagnosed DPCD before this case?”

“No. The disorder was too recently identified and classified.”

“So, it’s a brand-new disorder, one you have never encountered in your private practice?”

“I’ve studied—”

“Have you encountered this disorder before in your private practice?”

“No,” Dr. Brown finally said. “I have not.”

“Is it possible then, Dr. Brown”—Russo’s voice was almost a purr—“that you might have jumped at the chance to identify this new disorder, to be one of the first psychiatrists to publish a research paper and identify yourself as an expert in this area? Particularly with a defendant so unique?”

“Objection,” Lounger said without looking up from some papers. “Compound question.”

“Sustained.”

Dr. Brown, clearly affronted, answered the question despite Russo having the objection sustained against her for asking it. “I would not risk a misdiagnosis for the sake of—”

“Dr. Brown, do you recall the tests you performed to identify the disorders present in Mr. Whittaker’s psyche?”

“Yes, we performed a battery of tests including MMPI-2, Rorschach test, CAT scan, the Raven’s Progressive Matrices exam, and extensive interviews to understand his state of mind and history.”

“Could you tell the Court about the reliability and validity of these tests? Especially the Rorschach test and the MMPI-2?”

Piper knew the tests, as many underage victims of crime were given batteries of examinations to determine the help they needed. But she didn’t always trust these tests. The mind was good at keeping its secrets hidden.

“Well, these tests have been used for decades and have shown significant results in identifying various psychological conditions—”

“Isn’t it true”—Russo cut him off—“that the Rorschach test has been criticized for having a low validity in diagnosing specific mental disorders?”

“Yes, some have criticized the test. However, it still remains a useful tool in a comprehensive psychological evaluation.”

“And isn’t it also true that the MMPI-2 can have false positives, meaning it can suggest a mental disorder where none exists?”

“There is a possibility for false positives in any medical or psychological test, but it happens less than you’d assume.”

“Oh, I assume it happens a lot, Doctor. It’s like finding water with a divining rod, isn’t it?”

“Objection.”

“Sustained.”

Russo began walking the well now, almost circling in front of Dr. Brown. “Would you say the Rorschach test and MMPI-2, they’re subjective?”

“They have a degree of subjectivity, but—”

“And wouldn’t you agree, Doctor, that any degree of subjectivity could possibly lead to inaccurate diagnoses?”

“The tests have standardized scoring and interpretation systems, which minimize subjectivity.”

“It’s still possible for a misdiagnosis to occur, isn’t it?” Russo said. “Could a patient with, let’s say, a horrifically traumatic past possibly be misdiagnosed due to the subjectivity of these tests?”

“It’s certainly a possibility.”

Russo nodded. “And the CAT scan you performed, could it detect psychological disorders such as DPCD?”

“No, it is used to detect physical changes or damage in the brain, not psychological disorders.”

“So, you diagnosed Mr. Whittaker with a disorder that can’t be physically detected and used subjective psychological tests to get that diagnosis?”

“You’re simplifying this far too much. The mind doesn’t exist in physical reality, as far as we know. It is a construct in our brains. Detecting disorders of the mind and treating them, or even coming to conclusions about them, is a field that you will not have certainty in. It’s not difficult to detect injuries to the brain, but injuries to the mind are far more elusive.”

Russo pivoted swiftly, still owning the courtroom. “You said in your report that Mr. Whittaker was likely dealing with a combination of inherent mental illness and the results of brain injuries from his abuse in childhood, correct?”

Dr. Brown nodded. “That’s right.”

“And that childhood abuse and trauma can significantly affect a person’s mental health and behavior, right?”

“Absolutely. Childhood trauma is linked to a variety of mental health disorders.”

“Trauma, which includes being bullied relentlessly, living in fear, being physically and sexually assaulted, suffering severe burns and mutilation—this would all have a massive negative psychological effect, correct?”

“Yes, that level of trauma would certainly have a severe impact.”

“So Mr. Whittaker’s alleged conduct could have been a manifestation of his traumatic past rather than a reflection of his inherent mental state?” Russo asked.

Piper’s eyes flicked to Whittaker, who sat with his head oddly tilted toward the table, seemingly in discomfort. Lounger had set aside his pen and notepad and was now focusing intently on Dr. Brown’s testimony.

“It’s possible that the trauma could exacerbate preexisting conditions or even trigger new ones, but it’s unlikely to be only trauma considering the severity of the organic injuries.”

“Dr. Brown, I want to talk about the competency evaluation now. Could you tell the court how many times you personally examined Mr. Whittaker?”

“Twice,” Dr. Brown said, straightening in the witness stand.

“And during these examinations, did Mr. Whittaker seem lucid to you?”

“Yes, he did.”

She nodded. “So, according to your professional opinion, based on only two visits, a man with a traumatic childhood history, with inherent mental illness and brain injuries so severe that you state physical, emotional, and sexual abuse would not alone explain his behavior, you’re testifying that an individual like this is perfectly capable of understanding the proceedings and assisting in his own defense?”

Piper pictured a jury absorbing these details, possibly concluding that someone like Owen Whittaker couldn’t have comprehended his actions. For the first time during the hearing, Piper considered that Dr. Brown might not understand Whittaker’s mind as thoroughly as Russo seemed to.

Dr. Brown shifted uncomfortably in his seat. “That’s a simplified way of putting it, but ... yes.”

Russo’s lips curled into a smile that wasn’t friendly. “So you’d wager a man’s life on two visits?”

“Objection, Your Honor,” Lounger interrupted, standing from his seat. “Counsel is badgering the witness.”

“Sustained,” the judge said. “Please rephrase your question, Ms. Bianchi.”

“Very well. Dr. Brown, in your professional experience, can the mental state of a person with such a complex and severe psychiatric profile as Mr. Whittaker’s be accurately assessed in just two sessions?”

Dr. Brown hesitated, then admitted, “Not extensively, but—”

“ But. There’s that word. Experts love that word because it hedges their bets.”

“Objection.”

“Withdrawn. Dr. Brown,” she began, her gaze locked onto his as she paced, “you’ve spent a good amount of time explaining these mental disorders to us, correct?”

“I suppose so,” Dr. Brown replied.

“And you’ve mentioned that you’ve only had two opportunities to interact with Mr. Whittaker, is that correct?”

“Yes, that’s correct.”

“Just two visits to diagnose not one, but two severe mental health conditions. One of them being newly recognized, is that right?”

“Yes—”

“In your professional opinion, is it beneficial for someone suffering from such disorders to be subjected to the stress of a criminal trial?”

“Well, it depends—”

“Depends?” Russo cut him off. “On what, Dr. Brown? The level of their suffering? The severity of their condition?”

She didn’t wait for an answer. “Dr. Brown, isn’t it true that trials can be severely traumatizing, especially for those with preexisting mental conditions?”

“Yes, they can be.”

“And yet, you believe that Mr. Whittaker is competent to stand trial?”

“Yes, I do.”

“But you’ve also admitted that it’s possible that your diagnosis could be premature or inaccurate?”

“That is correct about any diagnosis.”

“So the most accurate conclusion to draw from all this is that you’re not exactly sure how someone with a severe and unique history like Mr. Whittaker will respond to various stimuli. You have no idea how the trial would affect him, no idea how this new diagnosis affects him, you’ve spent almost no time with him, and you, by your own admission, do not specialize in the treatment or identification of his specific disorders. I don’t know, Doctor, seems a bit more like charlatanism than medicine to me.”

“Objection!” Lounger said.

“No further questions for now, but I retain the right to recall Dr. Brown.”

“So ordered.” The judge looked to Piper. “Ms. Danes, the Nevada Victims’ Rights Act does give the guardian the opportunity to cross-examine witnesses. Would you like to cross-examine Dr. Brown?”

Piper thought back to her trial advocacy class in law school, and realized her mind was blank and she couldn’t remember anything from it. She swallowed and stood up, clutching her files tightly because she knew her hands would be trembling otherwise.

Piper turned to glance behind her and spotted Lazarus standing at the back of the room, casually leaning against the wall with his badge clipped to his belt. He nodded once, and she grinned in turn.

“Yes, Your Honor,” Piper said nervously as she turned back to the judge. “I do have some questions for the doctor.”