Anti-psychotic medication would not make accused Planned Parenthood gunman fit for trial, expert testifies
Defense attorneys for the man accused of killing three people and wounding nine others at a Planned Parenthood clinic in 2015 presented experts in court Wednesday who testified they believe a proposed plan for forced anti-psychotic medications would not adequately address the accused shooter’s mental illness to make him fit for trial.
The opinion offered by Dr. George Woods, a physician specializing in neuropsychiatry, contrasted with testimony presented by an expert for prosecutors the day before.
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A judge in Colorado Springs found Robert Dear, 64, incompetent to stand trial in 2016 following his diagnosis with a delusional disorder. Another judge in El Paso County upheld the finding in 2020.
Dr. Robert Sarrazin, a psychiatrist who works with the U.S. Bureau of Prisons, testified Tuesday that he believes Dear would respond well to several anti-psychotic medications and could be competent for trial within four to six months of beginning the drugs. Doctors have proposed a treatment plan involving paliperidone, aripiprazole, haloperidol and olanzapene.
But in Woods opinion, Sarrazin’s plan was not appropriate for a person Dear’s age, but rather someone 18-40 years old.
Assistant U.S. Attorney Maura White, a trial Attorney with the Civil Rights Division, pressed Woods on how much he was being paid ($500/hour) and how many times he appeared as a defense expert witness (more than 90% of the time, he testified).
Defense attorneys also called retired psychiatric pharmacist Dr. William Morton Jr.
“In delusional disorder cases, the use of almost any anti-psychotic medication is both unpredictable, and unremarkable,” Morton said.
He also was concerned about subjecting Dear to forced medication at his age, whether it would be effective after so many years of non-treatment and whether it could really help quell his unshakeable delusions the federal government and FBI are out to kill him.
“That doesn’t leave much room for people to work with,” he said.
He also expressed concerns about lasting, and possibly permanent, side effects.
Morton testified he, too, has been hired almost exclusively as a defense expert witness throughout his career.
Following the three-day hearing this week (it continues Thursday), Senior Judge Robert Blackburn will decide whether Dear can be forced to take anti-psychotic drugs.
Woods said he believes the plan would not adequately treat the complexity of Dear’s mental illness symptoms to make him competent. He said in his opinion, Dear’s psychosis affects his ability to problem-solve and understand big-picture context. In turn, that means he can’t rationally assist in his own defense, Woods said, which is a cornerstone of mental competence for trial.
Woods discussed manifestations of Dear’s delusions over the years, such as his apparent beliefs that his defense attorneys work for the FBI and that his food has been drugged while he has been in custody.
“Yes, that is a delusion. But the basis for that delusion is your inability to see the big picture,” Woods said.
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On Nov. 27, 2015, anti-abortion fanatic Dear attacked a Planned Parenthood clinic in Colorado Springs with an SKS semiautomatic rifle. The rampage killed Ke’Arre Stewart, Jennifer Markovsky and University of Colorado at Colorado Springs police Officer Garrett Swasey and injured nine others during an hourslong standoff.
Dear’s review hearing in a Colorado Springs court for his state charges, which was scheduled for earlier in August, has now been pushed to Sept. 30 to accommodate the results of this week’s medication hearing.
Dear claimed anti-psychotic medication he was prescribed in 2018 gave him a heart attack, and has refused any drugs since, including for his hypertension.
But a cardiologist hired by prosecutors testified that he believes Dear could safely take them despite his hypertension. Dr. Matthew Holland said Wednesday morning that he did not see evidence Dear has had a heart attack from reviewing his medical records, and said his medical history is fairly typical.
“Mr. Dear is very similar to any other middle-age to slightly-older (men) getting started on anti-psychotic medication,” he said.
Pressed by defense attorney Natalie Stricklin to weigh the benefits of Dear taking the medications against the risks, Holland said his role wasn’t to give an opinion about how Dear would benefit from the psychosis medications.
“I can’t give the other side of the equation. That’s where the psychiatrist comes in.”
A U.S. marshal led Dear into the courtroom around 9:45 a.m. Wednesday without handcuffs. He sat silently at the defense table throughout the day, a departure from Tuesday when he had several outbursts in court.
The morning began with a stern warning from Blackburn that he would have Dear immediately taken out of the courtroom if he caused any more disruptions.
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He called the “coup de gras” when after Tuesday’s testimony concluded “Mr. Dear erupted and launched into a tantrum, during which he cursed the court and wished it harm.”
Dear had shouted at Blackburn, “I have a right to take the stand, you bastard. Burn in hell.”
Blackburn called his outbursts a result of “selfish, childish and disaffected arrogance” rather than his mental illness.
Attorneys are scheduled to present closing arguments Thursday. It’s not clear whether Blackburn will rule from the bench, or issue a written ruling later