Card #57: Heilbrun cross and recross · qualifications to his retained-capacity opinion
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Heilbrun retained his criminal-responsibility opinion while acknowledging severe illness, adverse medication reactions, possible psychosis indicators, interview limits, and no detected malingering.
[SWORN TESTIMONY] On cross, Heilbrun acknowledged that Clancy had severe mental illness, reported adverse psychotropic-medication reactions, felt hollow or detached, and described intrusive thoughts she feared others could hear. He said acute psychosis had been one possible explanation and that psychosis can affect memory, but he retained his bipolar-II, no-command-psychosis, criminal-responsibility opinion. [SWORN TESTIMONY] He acknowledged interviewing Clancy more than three years later, roughly $54,000 in billed work, and no publication focused on postpartum psychosis. [SWORN TESTIMONY] On recross, he agreed a test did not indicate that Clancy lied or malingered during their interviews. [SWORN TESTIMONY] Heilbrun said Clancy told him she cut the bedroom screen before jumping, while the screen was not cut; he also said psychosis could affect memory accuracy. These qualifications affect weight and alternative explanations but do not independently prove psychosis, negligent treatment, fabrication, or staging.
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