Appendix C-5 Cross-examination by the Prosecutor of Dr. Mayhew, Ph.D.1

• Library: How to Try a Murder Case: Pretrial and Trial Guidelines for Prosecution and Defense (ABA) (2011 Ed.)

APPENDIX C-5 Cross-Examination by the Prosecutor of Dr. Mayhew, Ph.D.¹

Before you interviewed the defendant, you had a great deal of information about him.

You studied that information before you interviewed the defendant.

You interviewed him.

You relied on what he told you.

He told you that on the afternoon of February 26, he was given a letter telling him of his wife's affair.

He went home to show his wife the letter.

He took his secretary, Ms. Duffy, with him.

Mrs. Sickles admitted the affair.

He went to his room and shut the door.

He told you he had voluntarily ingested liquor and a sleeping pill.

It is important to have reports of observations by other people that were around him.

That's because it is important to see if the reports corroborate or contradict what the defendant claims.

He claims he remembers nothing of February 27th until he was in police custody.

But absent physical injury there is no test capable of confirming amnesia.

[E.g., Transient Global Amnesia.]

Still, we can assess whether his actions appear to be goal oriented.

You know he left his house on the afternoon of the 27th.

To drive to his office.

You know he achieved his goal because he arrived at his office.

Behavior often is caused by motivators.

Revenge is an age-old motivator that's well known.

If the defendant was trying to kill his wife's paramour, Mr. Key, motivated by a desire for revenge, he would need to seek out Mr. Key.

You knew that James Reed saw the defendant come across H Street and stop Mr. Key?

If the defendant were trying to kill Mr. Key with his Colt .38 caliber revolver, he would need to point the weapon at Key.

That would be goal-oriented behavior.

You knew he did...