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2019 Murder TrialtranscripttranscriptJonathan Lipman — Direct/Cross/Redirect/Recross - Day 16 - 2019 Murder TrialJonathan Lipman testified for the defense that AB Pinaca likely exacerbated Timothy Jones's pre-existing psychosis-spectrum mental illness, while cross-examination explored limits in the records and assumptions behind that opinion.
Shawn GrahamRick HubbardSuzanne MayesRobert MadsenBoyd YoungEugene C. Griffith, Jr.Jonathan LipmanTHE COURTRobert MadsenCourt ClerkJonathan LipmanSuzanne MayesCourt ReporterBoyd YoungRick HubbardShawn Grahamproceduraldirectcrossredirectrecross
12 pages·6 witnesses·2,552 lines
Lipman testified about AB Pinaca and mental illness; the court admitted correctional-intake statements and heard phone-forensics testimony.
Defense Calls Dr. Lipman
ProceduralProc.Defense Calls Dr. Lipman

May 21, 2019

THE COURT: Call your witness.

ROBERT MADSEN: Your Honor, the Defense calls Dr. Jonathan Lipman. (Whereupon, Dr. Lipman will testify and this testimony is video-taped for the jury to listen to at a later time.)

THE COURT: Come forward and be sworn, Dr. Lipman.

DirectDirectJonathan Lipman — Direct Jonathan Lipman Robert Madsen

JONATHAN LIPMAN, being first duly sworn, testified as follows:

COURT CLERK: Once you're seated, Doctor, state your full name spelling your last please.

JONATHAN LIPMAN: My name is Jonathan Joseph Lipman, L-I-P-M-A-N.

DIRECT EXAMINATION By Mr. Madsen:

ROBERT MADSEN: Dr. Lipman, what is your profession?

JONATHAN LIPMAN: I'm a neuropharmacologist.

ROBERT MADSEN: Can you tell the jury -- what is a neuropharmacologist?

JONATHAN LIPMAN: A neuropharmacologist is a person who is trained in the expertise of dealing with the effects of drugs on nerve, brain and behavior. Some of us work in the industry developing and researching these new drugs, some of us work in academia and some of us consult clinically.

ROBERT MADSEN: Let me go over your education. Can you go over your educational background, please?

JONATHAN LIPMAN: Yes, sir. My educational background is originally British. So it differs in some ways from the American trajectory. My advanced level certificates of education came from Kitson College of Science in Leeds, England. I went on to do my professional degree at the Hatfield Polytechnic in Hertfordshire. It's known as Hertfordshire University. It changed its name. I did my externship at the National Hospital for Nervous Diseases in Queen Square, London and I obtained by State certification as a biomedical scientist, as well as my professional degree, in 1979. I went on then to do my doctoral work at the University of Wales Institute of Science and Technology obtaining a PHD in neuropharmacology. Excuse me. I just misspoke. It was my PHD that I graduated in 1979. Forgive me. And I then went to do a post-doctoral fellowship at the University of Tennessee Center for the Health Sciences in Memphis, Tennessee and over the ensuing years, continued to acquire additional education and board certifications as I moved through my academic and other professional positions.

ROBERT MADSEN: Can you tell me about your registrations and/or certifications?

JONATHAN LIPMAN: Well, I mentioned, of course, my biomedical science certification in England. I am certified, also, in England, by the Healthcare Professions Council, which is a national organization that controls healthcare professionals. Over the years that I was at the University of Tennessee Center for Health Sciences, and later Vanderbilt University where I held positions for 10 years in the departments of medicine and surgery, I obtained additional training and qualifications, becoming board certified as a -- by the American Board of Disability Analysts, the Medical Psychotherapists and Psychometricians, and the American College of Forensic Examiners. A number of different Boards. And the education still continues. It does not stop. I moved from Vanderbilt to join the industry after 10 years at Vanderbilt and worked in the pharmaceutical industry in the medical device development field for 10 years before rejoining academia at East Tennessee State University where I now am on the facility, clinical facility, and continue to consult with industry and the courts.

ROBERT MADSEN: So you went through school. At some point in time you went into private practice, private industry, for a period of time, as you said, and then back to academia?

JONATHAN LIPMAN: Yes. Academia, though continuing to consult in neuropharmacology outside of the academic setting, in addition to academic work in research and development.

ROBERT MADSEN: And you've said that you had gone in 10 years in the -- I guess, the business aspect of it. What did you do during that 10 years?

JONATHAN LIPMAN: I was Head of pharmacology for the first year of that time at a company that was spun off from Abbott Laboratories. It was called Medical -- Molecular Geriatrics. We were developing drugs that were based on anti-psychotic molecules for neurological purposes, and then transitioned to a medical device development track for Neuroscience Toolworks developing devices and methods for assessing subjective states of pain and suffering in humans by objective methods.

ROBERT MADSEN: So were you developing drugs then to do those --

JONATHAN LIPMAN: At that point we would -- the devices and methods that we were using were to assess the effectiveness of drugs that we were then not developing. We were developing the methods of assessing them.

ROBERT MADSEN: So basically figuring out are these things that people have developed, are they working?

JONATHAN LIPMAN: Yes. One of the principle interests was pain medicines, which, of course, takes you into the area of addiction and dependence and withdrawal.

ROBERT MADSEN: Do you have any professional affiliations?

JONATHAN LIPMAN: I'm currently affiliated with East Tennessee State University, as I mentioned.

JONATHAN LIPMAN: I have a list of previous affiliations, no longer current.

ROBERT MADSEN: Can you kind of hit the highlights of those?

JONATHAN LIPMAN: Well, I mentioned the first, which was the Institute of Neurology. Department of Neurosurgical Studies of National Hospital for Nervous Diseases in Queen Square, London. And then through my departments at University of Tennessee Center of Health Sciences, my affiliations were with the anesthesiology department, the biochemistry department and the Faculty Medical Practice Pain Clinic. At Vanderbilt I was affiliated with -- formally affiliated with the Department of Medicine and Surgery and maintained an adjunct position for some years after that. I'm not sure if it's still current. Possibly not after this time. With work that I was doing with the Department of Neurosurgery on pain assessment and pain treatment methods in chronic pain and intractable pain patients, and there developed several methods for objective measurement of pain, addiction, withdrawal. As I mentioned, I was group leader at Molecular Geriatrics Corporation, which was a spinoff of Abbott Labs. At the university now I hold a number of positions.

ROBERT MADSEN: And what are those?

JONATHAN LIPMAN: Well, I'm on the Grand Rounds Committee for the Department of Psychiatry. I'm affiliated with the Department of Continuing Medical Education there, and I also am -- last year I was one of the coordinators for the forensics course in the psychiatry residency program, and also a lecturer on that program, and I am still a lecturer on that program. This is in the postgraduate training of psychiatrists.

ROBERT MADSEN: You had mentioned continuing education. Can you tell us about any of the lectures, seminars or presentations that you have given?

JONATHAN LIPMAN: I'd have to look at my own CV. There are many.

ROBERT MADSEN: Can you just give us a thumbnail of a few of them?

JONATHAN LIPMAN: The Antidepressant Drug Pipeline was one that I gave a couple of years ago, Genetic Testing in Pain Management was a lecture I gave the previous year as part of a one day seminar for -- actually, it was not just East Tennessee. It was just held there. It was for people from all over. I gave a Grand Rounds that same year on pharmacogenetics. I have given a lecture entitled Update on Recent Trends in Drug -- Abused Drugs, and in 2014, New and Future Drugs of Abuse. One was given to the US Criminal Justice Administration called Drug Abuse Addiction in The Brain, Forensic Relevance. I could go on, but there are many.

ROBERT MADSEN: Do you hold any patents?

JONATHAN LIPMAN: I do. I hold several, both in the U.S. and abroad, on pain assessment methods. International patents and, I believe, Canadian.

ROBERT MADSEN: Have you ever participated in any peer briefs or reviewed research grants?

ROBERT MADSEN: Can you tell me a little bit about those?

JONATHAN LIPMAN: Well, throughout my time at Vanderbilt, I was the beneficiary of numerous grants assessing the effects of dementia and of drugs on the brain, and some of these came from the Division of Toxicology. It's called the Program in Toxicology. Some from the National Institutes of Health. One was with UCLA, Los Angeles VA, on dialysis dementia. Uremic encephalopathy funding that I was part of at Vanderbilt came from Dialysis Clinics Incorporated, a private organization that was funding my work on the brain in dementing patients. After leaving Vanderbilt, the work that I was doing in Chicago with Molecular Geriatrics and with Neuroscience Toolworks was funded through the National Institutes of Health. These were quite large grants. One -- a quarter million was one, $850,000 was another, to fund our work there on the development of methods for assessing the effects of drugs. I think that might have been my last NIH funded grant.

ROBERT MADSEN: Have you ever been published?

ROBERT MADSEN: Would it be fair to say about six pages of your CV are articles that you have been published?

JONATHAN LIPMAN: Yes, it is. These -- what's in my CV are just the peer reviewed ones, but there are more than this, some of which were not in peer reviewed journals.

ROBERT MADSEN: Judge, at this time, we would offer Dr. Lipman as an expert in neuropharmacology.

THE COURT: Voir dire, Mr. Graham?

SUZANNE MAYES: No voir dire at this time, Your Honor.

THE COURT: Considering his background, training, education, experience in all fields, shown in his testimony, the Court will qualify him in the field of neuropharmacology to provide testimony to that end.

ROBERT MADSEN: Dr. Lipman, we've heard from a forensic toxicologist. Can you tell me what the difference is between a forensic toxicologist and a neuropharmacologist is?

JONATHAN LIPMAN: Yes. Toxicologists have their expertise in the measurement of drug effects in body fluids, body tissues, biological samples. The analytical methods. To some extent their training includes the poisoning effects of those drugs. The difference between a drug effect and the poison effect of that drug is one largely of dose. Now, pharmacologists have their expertise in the mechanism of action of drugs, therapeutic and adverse, how they work and how they interact. We are the people, for instance, that test drugs prior to marketing. We are the people that perform post-marketing surveillance of drug effects in the population being prescribed. And pharmacologists are also the people who research, develop and design these drugs. Now, in the process of that, some of our training is in the measurement of those drug effects. Sorry. Measurement of those drug concentrations in tissues, but that is not our principle focus. So there is a certain amount of toxicological training in a pharmacological career, but it isn't our main focus, whereas that is the main focus of a toxicologist. We rather deal with the effects of drugs, measuring the effects of drugs, assessing the effects of drugs and in the treatment of disease. We -- such as psychiatric disease. We assess the efficacy of the drug, the effectiveness of it, and of drug interactions.

ROBERT MADSEN: Let me ask you this. As a neuropharmacologist, when looking at the effects of drugs, initially, what is important to you to look at as far as background?

JONATHAN LIPMAN: Drug effects are determined more than by dose. Drug effects have very individual determinates of drug action. In other words, it depends who is -- who the drug is acting upon as to what the effect will be. Drugs produce different effects in different people, and the effect of a drug is influenced then by factors such as their underlying medical condition, their underlying genetic predispositions, their underlying metabolic capabilities. Underlying disease states will completely change the effect of a drug. There are a number of other determinates, but also relevant to the examination of a drug at the time of inspection is the set and setting of drug use because that also determines the effect.

JONATHAN LIPMAN: The set and setting are -- set is what you bring to the drug experience and the setting is the experience -- is the milieu surrounding the effect of drug action. So just to give you an example of how setting can be relevant. Anti-psychotic drugs that are very helpful and therapeutic in a controlled milieu in a psychiatric ward may be completely useless in the chaos of everyday life with traffic and people and responsibilities and noise and family and intrusions. The milieu, the setting, has a lot to do with how effective of the drug will be, and the converse is also true. Not only may a therapeutic drug lose its benefits in the wrong milieu, but a drug that could be relatively innocuous, for instance, LSD, a psychotomimetic drug, can produce catastrophic effects if the milieu is threatening, frightening, uncontrolled, and that would be called a bad trip. The dose hasn't changed, the drug hasn't changed, but the setting has changed the effect of the drug. So set and setting are important determinates of how a drug expresses its effect on an individual.

ROBERT MADSEN: Did you have an opportunity to review documents in reference to the life history of Tim Jones?

JONATHAN LIPMAN: Yes, I did.

ROBERT MADSEN: And why is that important to you?

JONATHAN LIPMAN: Well, as I explained, the underlying medical, psychological, psychiatric, genetic, familial condition of the individual can determine, in large part, the effect of a drug.

ROBERT MADSEN: And you also reviewed information about a traumatic brain injury that Tim suffered during his pre-adult years?

JONATHAN LIPMAN: Correct. That -- as I said, medical. Yeah. For a drug that acts on the brain, it's very important to know how the brain is functioning to start with.

ROBERT MADSEN: And you also reviewed his relevant psychiatric history?

ROBERT MADSEN: And also his relevant drug abuse history?

JONATHAN LIPMAN: Yes, I have.

ROBERT MADSEN: And why would the drug abuse history be important?

JONATHAN LIPMAN: For a number of reasons. One reason is that, depending on other factors, the effect of a drug at a certain time of interest, when we examine that time of interest may be related to the effect of the drug historically. In some cases, that may have an effect -- for instance, like tolerance in alcohol use. A person who using it regularly will develop some tolerance and will not be as intoxicated at a blood level that we measure at the time of interest because they are tolerant to it, unlike a person who has never had alcohol and who then achieves the same blood level and is unable to get up off the floor. So the history of drug use is relevant from that point of view. And it's also relevant because prior drug use can effect other things such as the development of the brain, the development of the liver, the development of a certain cognitive and other factors. And depending on the age at which it is used, it will have different effects. Therefore, the history of drug use is relevant to an examination of how a drug acts at a particular time.

ROBERT MADSEN: And I believe you reviewed information about Tim's marijuana use during his pre-adulthood years?

JONATHAN LIPMAN: Yes, I did.

ROBERT MADSEN: And also, I guess, in the last couple of months prior to August, his use of synthetic cannabinoids?

JONATHAN LIPMAN: Yes, I did review that.

ROBERT MADSEN: And besides the -- and, I guess, when I say synthetic cannabinoids, marijuana is also a cannabinoid?

JONATHAN LIPMAN: Marijuana contains cannabinoid drugs.

ROBERT MADSEN: And then you also reviewed information in reference to Chantix?

JONATHAN LIPMAN: I did. He was prescribed that at the time of this offense.

ROBERT MADSEN: Can you just -- before we get into the background, can you give me your opinion on what you believe Tim's drug use had on his thinking and his behavior at the time of his killing of children -- of his children?

JONATHAN LIPMAN: I believe that his use of synthetic cannabinoid AB Pinaca more likely than not exacerbated his pre-existing and his continuing psychosis spectrum mental illness, which drove his irrational behavior.

ROBERT MADSEN: So let's kind of back up now and just kind of talk about the pharmacology of cannabis. Just kind of run us through kind of how -- is it just that drug or any drug works on -- or with efficacy? Can you --

JONATHAN LIPMAN: Cannabis --

ROBERT MADSEN: -- Explain that to the jury?

JONATHAN LIPMAN: Cannabis contains a number of different drugs. It contains quite a few. Two of them we think of as the main ones. Future research may reveal more.

ROBERT MADSEN: What are the two main ones?

JONATHAN LIPMAN: Cannabidiol and delta-9-tetrahydrocannabinol.

THE COURT: For the record, let's get it -- spell it for the Court.

JONATHAN LIPMAN: C-A-N-N-A-B-I-N-O-L. So it's delta-9-tetrahydrocannabinol. T-E-T-R-A-H-Y-D-R-O --

COURT REPORTER: I can't hear you.

JONATHAN LIPMAN: T-E-T-R-A-H-Y-D-R-O-C-A-N-N-A-B-I-N-O-L

ROBERT MADSEN: Delta-9-tetracannabinoid, is that what we would kind of on the street call THC or --

ROBERT MADSEN: -- A lot of people would refer to that as THC?

JONATHAN LIPMAN: Yes, it's usually called THC.

ROBERT MADSEN: So that's one of the components. What was the other one?

JONATHAN LIPMAN: Cannabidiol. C-A-N-N-A-B-I-D-I-O-L.

ROBERT MADSEN: And what is that?

JONATHAN LIPMAN: That doesn't act on the same receptor as the THC and it exerts different effects. In fact, the effects are very, very different and are currently being evaluated for use as potentially anti-psychotic drugs. And yet, both of them are in the same plant, along with others that may have effects we haven't yet elucidated properly.

ROBERT MADSEN: And so, both of those things are inside of just regular marijuana?

JONATHAN LIPMAN: To some extent. Some marijuana species more than others. Yes.

ROBERT MADSEN: And can you explain to the jury how you can determine the power of a cannabinoid to invoke effects at a receptor? And, I guess, we need to start with kind of explaining what is a receptor and how those --

ROBERT MADSEN: -- things work.

JONATHAN LIPMAN: Let me explain that. There's a reason why cannabis acts on the brain. Can I start there?

ROBERT MADSEN: Yes, please. How does it act on the brain?

JONATHAN LIPMAN: The brain has receptors for cannabis -- for cannabinoids. And the reason it has receptors is because the human physiology manufactures its own cannabinoids and they have very important purposes in brain function. These are -- we call them endocannabinoids. They are involved in the regulation of temperature, body temperature, blood pressure, they're involved in the regulation of perception, they're involved in memory, and they are neurotransmitters which our brain relies on to function, these endocannabinoids. The first to be identified and synthesized was one called anandamide. A-N?

ROBERT MADSEN: We may need you to spell that, I guess.

JONATHAN LIPMAN: A-N-A-N-D-A-M-I-D-E. And, of course, it was tested for possible use in humans as a therapeutic drug. Be that as it may, the point is that our brain possesses receptors for endocannabinoids, and it is of those receptors that the cannabinoids in marijuana act. A receptor is a patch on a neuron which, when activated, produces a signal in that nerve. The receptor has a very specific shape and only things that will fit that shape will bind to the receptor.

ROBERT MADSEN: Is that kind of like a lock and a key going together?

JONATHAN LIPMAN: Yes. You might think of the receptor as being the lock and the chemical, either anandamide or THC or a synthetic, as being the key. When the combination occurs between the neurotransmitter and the receptor, it occurs with a certain vigor that is measurable by neuropharmacologists. A certain attraction. Think of it as the strength of a magnet maybe. And we call that attractiveness of the receptor for the neurotransmitter, we call that affinity. It's a measurable thing. Different drugs have different affinities for the receptor, and yet in order to evoke an effect, simply combining with the receptor is not enough. It must also provoke a response and --

ROBERT MADSEN: And what is that called when it provokes that response?

JONATHAN LIPMAN: That is -- that response is also measurable, and that is called the efficacy of the neurotransmitter or the drug. So whether a drug produces an effect or not --

COURT REPORTER: How do you spell that?

THE COURT: The efficacy.

COURT REPORTER: Okay.

THE COURT: He said it the British way.

COURT REPORTER: Okay.

THE COURT: It's all right. I knew what you said.

ROBERT MADSEN: So the efficacy. Can you, again, explain that?

JONATHAN LIPMAN: Yes. Affinity and efficacy, as we would say it in England, are measurable metrics in relation to the action of a drug or a neurotransmitter on a receptor in the brain. Now, when a drug produces a post-receptor action as a result of its binding, its affinity and its effect, its efficacy, we call that an agonist drug.

ROBERT MADSEN: So that's a product of affinity and efficacy?

JONATHAN LIPMAN: Efficacy. Yes. Not all drugs produce such effects. And an example, for instance, of something that antagonizes an agonist, we call them antagonist drugs, is a drug that perhaps has high affinity to bind with the receptor will, perhaps, even displace the first drug from the receptor, but it has itself no efficacy. All it can do is bind.

ROBERT MADSEN: And I think we've all heard of Narcon or Narcan.

JONATHAN LIPMAN: Naloxone, Narcan, is an example of an opiate drug that has high affinity, but no efficacy. Therefore, it competes with morphine for the opiate receptor, but it doesn't produce a morphine like effect itself, and this ends the morphine action by displacing it. So it has no efficacy, it has high affinity. Whereas, morphine itself has high affinity and high efficacy. It goes into the lock and it activates it.

ROBERT MADSEN: So, basically, the Narcan is kicking the morphine out of that receptor and that's kind of how it works and brings people back in that it's stronger and has more affinity and it has --

JONATHAN LIPMAN: It has more affinity, but no efficacy. An example -- just to complete the metaphor -- or the example. Heroin has a higher affinity and a higher efficacy than morphine. If a person is under the influence of morphine, heroin can displace that and produce a greater effect because they're both agonists. They both have receptor binding capability and receptor activation capability. Narcan binds, but it has no effect, no efficacy. So it displaces.

ROBERT MADSEN: And so, in dealing with THC, you had mentioned that it is an agonist at a receptor. Do we know what that receptor is or what is it called?

JONATHAN LIPMAN: Yeah. Well, all of the receptors, and there are a number of receptors for the cannabinoids, are called the CB receptors. The one that THC acts on is the CB1 receptor. It's present in the hippocampus of the brain, it's present throughout the limbic system, and I mentioned earlier it has some very lower brain function areas that it is binding to, because that's where anandamide binds. The endogenous cannabinoid that we make ourselves.

ROBERT MADSEN: And when you talk about an agonist, is there a difference between a partial agonist and a full agonist?

JONATHAN LIPMAN: Yes, there is. The efficacy and the affinity may not be one-hundred percent. There are some drugs that will bind with great avidity to the receptor and you can't get them off. Some will bind gently and they can be bumped off by competing agents. Some will bind strongly and aggressively produce an effect. In a sense, when both affinity and efficacy are at maximum, we have what we call a full agonist drug.

ROBERT MADSEN: Would THC be a full agonist to that CB1?

JONATHAN LIPMAN: It is not. It is a partial agonist. It is weaker than a full agonist at binding to the receptor and producing post-receptor effects.

ROBERT MADSEN: And that's the natural occurring THC found in, say, marijuana, correct?

JONATHAN LIPMAN: Yes. Yes. It's a partial agonist. It's not a full agonist.

ROBERT MADSEN: What about the synthetic cannabinoids? Do those act on that same CB1 receptor?

JONATHAN LIPMAN: They do. They do. Of course, they are not accompanied by the other compounds found in marijuana because they are synthetic. They are just modifications of the shape of the THC molecule made by neuropharmacologists and medicinal chemists for research purposes for exploring how the brain works and how therapeutic drugs may be developed.

ROBERT MADSEN: So you had mentioned, say, with marijuana, that it has the THC, and then some other items. The synthetic marijuana doesn't have those other items, correct?

JONATHAN LIPMAN: That's correct.

ROBERT MADSEN: And with the synthetic cannabinoids, those then are a full agonists to that CB1 receptor and not a partial, correct?

JONATHAN LIPMAN: The current generation are full agonists. Yes. There are some available that are partial agonists that have been made by medicinal chemists for research purposes. The reason why you would make them is because there's therapeutic potential in the endocannabinoid system.

ROBERT MADSEN: Such as what?

JONATHAN LIPMAN: Well, anorexia, sexual dysfunctions, cachexia in cancer where people just starve themselves to death, insomnia in some cases. There are a number of psychiatric illnesses that cannabinoids have been purposed as potential treatment for, but we couldn't, of course, use THC. It's neither specific, nor potent enough, and marijuana contains too many compounds anyway.

ROBERT MADSEN: And so, when we talk about these synthetic cannabinoids, these aren't things that are found in nature. You said they're developed in a lab?

JONATHAN LIPMAN: Yes, intentionally.

ROBERT MADSEN: And those can be used for, as you said, I guess, research?

ROBERT MADSEN: Would those be kind of classified as almost designer type drugs?

JONATHAN LIPMAN: Yes. They're designed by medicinal chemists. So they are designer drugs.

ROBERT MADSEN: And I believe when they started was around 1995?

JONATHAN LIPMAN: Yes. The first one was developed by J. W. Hoffman and the drug that -- well, a family of drugs are all called the J.W.H drugs because he named them. And J.W.H 017 and 018 were, I think, the first drugs that managed to escape from the lab, as it were, and find themselves in street use.

ROBERT MADSEN: So when we talk about -- can you kind of give me an idea, as far as the synthetic cannabinoids, how many generations are we now talking about since those, I guess, in your words, escaped from the lab?

JONATHAN LIPMAN: It would have to be dozens. I -- about a year ago, I tracked how many new molecule entities are and each of them is really a different generation, and the number then was 150.

ROBERT MADSEN: And that was a year ago?

JONATHAN LIPMAN: That was a year ago. And they no longer really resemble THC at all either in their effect or in their pharmacology.

ROBERT MADSEN: So at one point in time, if I go in buying synthetic marijuana a few years ago and think I'm basically getting legal weed, am I off my rocker?

JONATHAN LIPMAN: Not entirely, but you're not getting legal weed. You will be getting a very selective effect due to a selective part of the marijuana experience. It would lack, for instance, the cannabidiol that marijuana contains.

ROBERT MADSEN: Is that CBD oil --

ROBERT MADSEN: -- kind of? I mean, in layman's terms, is that --

JONATHAN LIPMAN: The oil presumably contains CBD. But there is no FDA control over that except in the case of one legal product, which is used in the treatment of a certain type of childhood epilepsy. That is FDA approved. I have no idea whether or if you will find true cannabidiol in CBD oil that you buy on the street. But yes, that's the intention.

ROBERT MADSEN: Cannabidiol, does that affect that same CB1 receptor?

JONATHAN LIPMAN: No, it does not affect it at all. No. It's actually an entirely different mechanism that really is not related to the intoxication effect of marijuana.

ROBERT MADSEN: And the -- excuse me. I can't speak. Cannabidiol. You said it doesn't act on that same receptor. That's not found in the synthetic marijuana, is it?

JONATHAN LIPMAN: There's no cannabidiol in synthetic marijuanas. They are all analogues. I shouldn't call it -- well, synthetic cannabinoids is best. They're all analogues, at least, built upon the structure of THC. Delta-9-THC.

ROBERT MADSEN: And the cannabidiol, has that -- has that been shown to have some anti-psychotic properties?

JONATHAN LIPMAN: Yes. It is -- well, it is being evaluated as -- molecules derive from it. Excuse me. Not cannabidiol itself. But molecules designed by pharmacologists and medicinal chemists designed around the cannabidiol molecule are being evaluated for use and treatment of anxiety and psychosis.

ROBERT MADSEN: Can you just talk a little bit about, in general, cannabis intoxication? What does it do to a person?

JONATHAN LIPMAN: Well, it depends so much on the individual. Obviously, it produces euphoria in most people. It increases appetite, it has a range of potential adverse effects.

ROBERT MADSEN: Can you tell me what those are?

JONATHAN LIPMAN: Yeah. They will affect different people differently, and that relates to their underlying psychological integrity and history, but the -- obviously, the reason why a person would use marijuana or a synthetic is because they are looking for the euphoria. But even THC itself produces, in certain vulnerable people, states of high anxiety, irritability, fear, which can be irrational, which can be paranoid. It can also be grandiose. Paranoia is not always a fear. You may feel that you are a supernatural being with angelic powers. That is also a paranoia. Although, in the vernacular term, people use the word paranoid to mean only fear.

ROBERT MADSEN: Can it cause auditory hallucinations?

JONATHAN LIPMAN: Yes, it can. And in a large enough dose, even marijuana will do that.

ROBERT MADSEN: And you had mentioned -- obviously, I think, initially you talked about the set and setting and you had talked about the effect with someone with an underlying psychiatric condition. Can you speak a little bit more on that? What you mean by that?

JONATHAN LIPMAN: Yes. The drug has different effects on different people depending on what you might call how level the playing field is in their mind.

ROBERT MADSEN: And, say, the level -- let's start with someone who doesn't have any type of underlying psychotic mental illness. What's going to happen with a cannabis intoxication besides the euphoria?

JONATHAN LIPMAN: I think most people have some loose bolts in their past, but -- or in their present or fears. But the adverse effects, even in a normal person, can resemble -- can involve panic and anxiety, and to some degree a psychosis like state that we call psychotomimetic, because it isn't true psychosis but it is like a psychosis, and it is transient. It isn't a permanent condition. Maybe --

ROBERT MADSEN: So it's just caused by the intoxication?

JONATHAN LIPMAN: Yes. It's the adverse effects of the intoxication.

ROBERT MADSEN: And just for the court reporter, when you say psychotomimetic, it's P-S-Y-C-O --

ROBERT MADSEN: How do you spell it?

ROBERT MADSEN: C-H-O-T-O-M-I-M-E-T-I-C?

JONATHAN LIPMAN: Yes. Psychotomimetic.

ROBERT MADSEN: And what is that again?

JONATHAN LIPMAN: It's mimetic of some psychiatric psychotic symptomatology, and it's an adverse effect of the drug. In the vernacular in the street, you will find some people say weed makes me paranoid. I start to hear police radios. I think people are following me. That is a psychotomimetic effect. And then, of course, after a few hours, it passes off.

ROBERT MADSEN: And so, that would just be totally drug induced, and that's not mental illness. That's just basically, I guess, the effects of the intoxication?

JONATHAN LIPMAN: Yes. We'd call it an adverse effect. Some people would call it a side-effect. It depends on the individual as to how vulnerable they are to experiencing that. And that's the problem, you see. You're asking me what are the adverse effects in a normal individual. A normal individual is someone you don't know very well. There's a range of normality in normal.

ROBERT MADSEN: Let me ask you this. How does cannabis exacerbate a psychotic mental person with, say, a psychotic mental illness?

JONATHAN LIPMAN: There are two factors that I have to explain in that regard.

ROBERT MADSEN: Okay. Please, do.

JONATHAN LIPMAN: Psychosis does not usually emerge until quite later in development. Usually around age 20 plus. Prior to that, there may be a condition that we call prodromal psychosis. The person is not psychotic, but they are very unusual and magical in their thinking. Odd. They may be identifiably odd. That doesn't necessarily mean that they're going to turn out to be psychotic. The point being that psychosis is something that develops into adulthood. Now, we have found from a number of different studies, epidemiological and otherwise, that when cannabis, presumably due to its THC content, is used in early childhood, particularly prior to age 15, the odds of developing psychosis later on by age 26, according to one study, are considerably higher. They're, at least, threefold higher than normal, which means that, in part answer to your question of what is the relevance in psychosis, it can have a role in the development of psychosis in the first place.

ROBERT MADSEN: So the use of THC in your younger years can potentially increase your risk of developing that psychosis --

JONATHAN LIPMAN: It can. And --

ROBERT MADSEN: And there's multiple studies on that?

JONATHAN LIPMAN: There are multiple studies and -- because this is the reason why we should keep marijuana away from children because it could produce irreparable effects later on if they are vulnerable to it, but we won't know that they're vulnerable to it until they're in their very late teens.

ROBERT MADSEN: And so, you reviewed records from other experts indicating that Tim suffers from a post -- a psychosis factor of mental illness, correct?

ROBERT MADSEN: And after looking at that, can you just kind of tell me what you can gleam from that?

JONATHAN LIPMAN: Could you clarify your question?

ROBERT MADSEN: Well, let me back up. Let me ask you this. People with a post-spectrum mental illness, what is their experience as far as the use of cannabinoids as far as pleasurable?

JONATHAN LIPMAN: Oh, I see what you're asking. Yes. It's somewhat ironic in that we know that in schizophrenics, for instance, marijuana use makes their psychosis worse, and yet they claim that it relieves their dysphoric mood.

ROBERT MADSEN: When you say dysphoric, what do you mean?

JONATHAN LIPMAN: Unhappiness. And I don't dispute that it may alleviate some of their dysphoric mood, but the problem that they're suffering from is not primarily a mood disorder. It is that they're out of contact with reality, and that is exacerbated by cannabis. So people with psychotic illnesses should not use THC or cannabis even though they may feel that it is helping their dysphoric mood, their unhappiness, because their underlying psychotic illness is exacerbated.

ROBERT MADSEN: And when you say exacerbated, can you give me an example or kind of tell me what you mean by that?

JONATHAN LIPMAN: It's gasoline on the fire of their illness.

ROBERT MADSEN: And, I guess, could someone go into that not realizing that they have that underlying vulnerability?

JONATHAN LIPMAN: Okay. This is the point about psychosis. Psychotics don't think they are psychotic. Their view of reality is very, very different from ours, but it's their reality and they don't see themselves as mentally ill as a rule, unlike people who have a mood disorder who know that they're miserable and depressed and crying. That is identifiable. But when your thinking is so out of line with conventional norms of reality, that can be difficult to identify as an illness. You may think that you are particularly spiritual, for instance, or you may think that you are endowed with certain telepathic powers, or you may think that you are endowed with special functions that most humans don't have, but you do not think of yourself as ill.

ROBERT MADSEN: Could that be someone who feels like they can tell when someone's telling the truth almost like a human lie detector?

JONATHAN LIPMAN: Yes, that's an example.

ROBERT MADSEN: And then, I guess, in your experience, have you had times where individuals had something that was kind of going on that was -- in their life that was kind of mundane, but you take a look at that and realize that it's underlying psychosis?

JONATHAN LIPMAN: Yes. Oftentimes -- let me point out that psychotic people of the schizophrenic variety are very often highly intelligent, but usually they are described as odd, idiosyncratic, a little weird, and their behavior may not be entirely congruent with what is typical, but maybe not enough to start the alarm bells running in peoples' minds. But an example that I could give you of a fellow that I evaluated who had this odd way of walking down stairs --

SUZANNE MAYES: I'm going to object at this time, Your Honor, to relevance.

THE COURT: I'm going to allow it. Continue on. Overruled. A He had an odd way of walking down stairs whereby he would step on the front leading edge of the step. It looked kind of dangerous, actually, and he would touch the bannister with his fingertips only and he would zip up and zip down the stairs, and it seemed a little odd. You know, people thought he's odd. But when I inquired of why does he that, he explained that he has the ability to see gray, sticky clouds of what he called psychic shit that adheres to wood, such as the wood of the stairs, but not the rubber edge of the stair, and to the bannister but not to the bannister rail. And he was manipulating his life so as to not touch any of this gray, sticky cloud of evil, in his mind, which, of course, we cannot see. So, yes, he looked a little odd and his movements were a little strange, but the underlying reason for it was psychotic.

ROBERT MADSEN: Can that manifest itself in someone in hyperreligiosity?

SUZANNE MAYES: Your Honor, I object that it's beyond the scope of expertise for this witness.

THE COURT: I sustain that. I'm not sure that is either.

ROBERT MADSEN: In reviewing his records, I believe you said it looks like over a period of time that Tim's drug of choice was marijuana?

ROBERT MADSEN: Although, he started using synthetic cannabinoids. Did you review a toxicology screen done on him or on his blood by NMS Labs --

ROBERT MADSEN: -- On 9/7? And that was positive for AB Pinaca?

ROBERT MADSEN: And then you also reviewed some testing from the Mississippi Crime Lab that tested some Scooby Snax out of his car, correct?

JONATHAN LIPMAN: Something labeled Scooby Snax, yes.

ROBERT MADSEN: And that also tested for, by them, AB Pinaca?

JONATHAN LIPMAN: It did, yes.

ROBERT MADSEN: And then you actually requested an additional test or a confirmatory test from NMS Labs? I guess, more of a comprehensive?

JONATHAN LIPMAN: Yes. I wanted not just confirmation of the AB Pinaca, but there was evidence coming across my desk that some of the synthetic cannabinoids containing AB Pinaca also contained other synthetic cannabinoids. And so, I asked that they be -- that the sample be examined to see if that was the case with this sample, also.

ROBERT MADSEN: And I think you had said earlier -- the AB Pinaca, what would the AB stand for in that?

JONATHAN LIPMAN: Usually it's related to the medical -- the medicinal chemist who has developed the drug or the company that has developed the drug. In fact, AB Pinaca was developed by Pfizer Labs and patented by them in 2009.

ROBERT MADSEN: And can you tell me about AB Pinaca?

JONATHAN LIPMAN: It is a pure agonist unlike THC and it has vastly greater potency as a combination of affinity and efficacy on the CB1 receptor. There are different ways of measuring that affinity and that efficacy, but it is of the order of possibly 20 times, and in some examples of research many more times more potent than THC itself. And it is not a partial agonist. It is a full agonist.

ROBERT MADSEN: So it would be stronger than, say, naturally occurring THC?

JONATHAN LIPMAN: It would actually displace naturally occurring THC from the brain.

ROBERT MADSEN: And then you had said something about with marijuana, is it cannabidiols, the other compounds that have --

JONATHAN LIPMAN: It doesn't have any other compounds. It's a pure THC agonist at the CB1 receptor.

ROBERT MADSEN: And so, if I use AB Pinaca, how long are the effects going to last?

JONATHAN LIPMAN: Typically -- the high typically lasts about 10 hours. We haven't got pharmacokinetic studies in humans of AB Pinaca. They haven't been published if they have been done. The --

ROBERT MADSEN: So what does that mean?

JONATHAN LIPMAN: That means that no one has actually given it to normal volunteers, as far as I can tell, in the published literature, and measured their blood level and their effect over time. We've done that for the other compounds. The earlier ones. I mentioned the early synthetic J.W.H 017 and 018. That's being done ad nauseam. But as far as I know, no one has published -- they may have done the research, but they haven't published it, on measuring the blood level related to the mental effect. We know how it's metabolized, for instance, in the liver, but that doesn't tell us anything at all about its duration of action in the brain. Many drugs, for instance, disappear from blood not because they're being excreted, but because they're being deposited in the brain or other body tissues. So to see it disappearing in blood does not mean it has necessarily stopped acting on the brain.

ROBERT MADSEN: And so, the exacerbating effects of the drug, once I have used it and it has been deposited somewhere, is that done? I mean, are there still effects?

JONATHAN LIPMAN: There are still effects. Yes.

ROBERT MADSEN: And what could those be?

JONATHAN LIPMAN: Well -- okay. Drugs are metabolized. An example, for instance, if I could just compare it to THC. THC from marijuana is metabolized ultimately to carboxy-THC. Now, carboxy-THC is inactive. It doesn't act on the brain, but it is deposited in fat, including -- presumably, including the myelin fat around the nerves, and it leeches out of body fat for a period of -- well, many days. In a person who is a regular user of marijuana who isn't using it anymore, from the time that they stop, their urine level, for instance, will go down about 15 milligram per ML per day for a month or more, and yet they're not high and the cannabidiol is leeching out of their body tissues into their urine, and thus being excreted. Now, that -- cannabidiol, as I said, is a metabolite of THC, but it is inactive. We do not have that situation with AB Pinaca. The metabolites of AB Pinaca are active. They are THC like, they are -- well, they're AB Pinaca like. And so, to show that the drug is converted to its metabolite does not, of course, mean that it is now inactivated in the case of AB Pinaca. Unlike the case of THC, that's likely an activation. The same is true of many therapeutic drugs. Prozac, Prozac is not an active drug. The metabolite of Prozac is the active drug. So to see it being converted by metabolism into its metabolite is to actually see the active drug being created.

ROBERT MADSEN: So the exacerbating effect of a drug on someone with an underlying psychotic illness, does that necessarily dissipate when the drug clears?

JONATHAN LIPMAN: Let me just clarify what I wanted to say a moment ago. I was actually intending to use the word Risperdal -- Risperdal, because that's an anti-psychotic drug. Not Prozac. The therapeutic effect of it is therefore maintained by its metabolite. Here we have an intoxicating drug, AB Pinaca, and if metabolites are active -- now, it's not a therapeutic drug at the moment, but it's an example of how metabolism can actually continue the effect of the drug. So I think I answered your question that we don't know what the pharmacokinetics are. They're very complicated because the metabolites are active and they have not, as far as I know, by publication been measured in humans.

ROBERT MADSEN: And so, if someone has kind of an underlying psychotic illness, what can AB Pinaca do to them?

JONATHAN LIPMAN: It will make it very much worse, and because it's an underlying psychotic illness it is subject to becoming unstable and getting worse.

ROBERT MADSEN: Do you have kind of analogy for that?

JONATHAN LIPMAN: Well, you might think of, say, an acrobat working on a high-wire. This would be, maybe, the psychotic in some state of balance, going to work and living a life with very unusual thoughts. If the drug then pushes them off the high-wire, their underlying illness in this metaphor is made vastly worse, and that exacerbation continues after the drug has left their system. The exacerbation is not simply a matter of intoxication on top of an illness. The illness is made worse by the intoxication. The underlying mental illness is made worse.

ROBERT MADSEN: So to make an analogy compared to, say, alcohol intoxication would not be appropriate?

JONATHAN LIPMAN: Acute alcohol intoxication would not be appropriate, but there is actually an analogy in alcohol in that where we have populations of people who used to be alcoholics and some of the VA domiciliary units are filled with these people. Their alcohol intoxication has damaged their brain. They are no longer drinking, but they are no longer normal and they are demented, and their intoxication continues until death, but there is no alcohol there.

ROBERT MADSEN: Can you tell me, were you -- were you able to determine the legality of AB Pinaca in South Carolina in 2014?

JONATHAN LIPMAN: Yes. It was legal. I did research that.

ROBERT MADSEN: And can you tell me when it became illegal?

JONATHAN LIPMAN: The FDA published an announcement -- no. I'd have to look it up. But it was, I think, the following year. Maybe even later.

ROBERT MADSEN: How about -- we know that Tim was given Chantix. Can you describe to the jury what Chantix is?

ROBERT MADSEN: And, I guess, Chantix is a -- that is not the name of the drug, is it? That's?

JONATHAN LIPMAN: That's the trade name.

ROBERT MADSEN: That's the trade name?

ROBERT MADSEN: So what is it?

JONATHAN LIPMAN: Chantix, the actual drug is called Varenicline. Oddly, it's also made by Pfizer Pharmaceuticals, the company that patented AB Pinaca. It is a synthetic drug, but it is based on a natural compound called cysteine that is found in the Scotch broom shrub, and cysteine has a nicotine like effect on the brain's receptors. In fact, during the Second World War, I believe, when tobacco imports from America were halted in Europe, Scotch broom was used as a smoking material for people who were dependent on nicotine. It does substitute. So, obviously, you can't patent a natural product. Therefore, the company made a modification of that molecule and called it Varenicline and trademarked it as Chantix.

ROBERT MADSEN: Chantix is used to help people stop smoking?

ROBERT MADSEN: Is there -- were there any neuropsychiatric problems associated with it?

JONATHAN LIPMAN: Yes, indeed, there were.

ROBERT MADSEN: And can you tell me about those?

JONATHAN LIPMAN: Well, they emerged in the pre-market approval. They were so serious with attempted suicides, depression, psychosis, hallucinations, that in applying for a license to market the drug to the Food and Drug Administration, the Food and Drug Administration insisted that they put what's called a black box warning. The black box warning -- I have it in front of me. Should I read it?

ROBERT MADSEN: Well, let me mark this for Defense, ID.

THE COURT: After we do that can we take a break? I mean, we've been going over an hour and I need to step off. I don't know how much longer you've got, I want to take a break.

THE COURT: We are going to take a break while Joy marks that.

(Whereupon, a short break was taken.)

THE COURT: (Whereupon, Defense Exhibit number 124 was marked for identification purposes).

THE COURT: Ms. Mayes, are you ready to go?

SUZANNE MAYES: Your Honor, we do have a request for any underlying prescription information for this drug Chantix. I've sent an email. They've sent some supplemental information to Dr. Lipman, I believe, two days ago and I responded by email that we need to get any prescription information related to this drug that -- with the brand name Chantix. So any information like that in the possession of the Defense we would ask for or to question the witness, whether those were prescriptions, refills, anything of that nature.

ROBERT MADSEN: I believe it's from--

BOYD YOUNG: -- Judge, they have the records.

THE COURT: Can you all look for it while you continue questioning?

THE COURT: That way, the two of us can work at the same time.

BOYD YOUNG: It's from Doctors Care on February 7th, 2014.

THE COURT: All right. You retrieve that while Mr. Madsen continues questioning. That way we're moving. All right. Let's go back on to the camera. When you're ready, Mr. Madsen. CONTINUE DIRECT EXAMINATION

ROBERT MADSEN: Dr. Lipman, let me show you what's been marked as State's -- or, excuse me, Defense Exhibit number 124 for ID purposes and ask you if you recognize that.

ROBERT MADSEN: And is that referred to as a black box warning?

ROBERT MADSEN: And was that on Chantix?

JONATHAN LIPMAN: Yes, it was.

ROBERT MADSEN: Judge, we would move Defense 124 into evidence.

THE COURT: Any objection, Ms. Mayes?

SUZANNE MAYES: No objection, Your Honor.

THE COURT: 124 Defense Exhibit is admitted without objection. (Whereupon, Defense Exhibit number 124 was admitted into evidence).

ROBERT MADSEN: I'm going to show you what's been marked as Defendant's 121 and I believe that 124 is just a blow up of this very small writing. If you can read that.

JONATHAN LIPMAN: I would need a hand lens, but it looks the same.

ROBERT MADSEN: And so, Doctor, can you tell me, what is a black box warning?

JONATHAN LIPMAN: It's a requirement of the Food and Drug Administration and they are not common. In order to obtain marketing approval of a drug through the Food and Drug Administration, what the Food and Drug Administration actually controls is -- apart from the purity and quality of the drug itself, is what's called the label. The label is what most people would call the package insert, and this contains detailed instructions to the practitioner, to the patient, to the pharmacist regarding what the Food and Drug Administration believes, and the company has agreed the users and practitioners need to know. Most labels don't have a black box warning. A black box warning is potentially a reason to keep a drug off the market, unless it is black boxed, and that is -- therefore, there is complete disclosure that there is a problem with this drug and that is put on the black box in the labeling.

ROBERT MADSEN: And that is on Defense 121, correct?

ROBERT MADSEN: And can you read that?

THE COURT: No. We don't -- he does not need to read all of that.

THE COURT: It is verbose and lengthy, but it's part of the package of the Chantix box, which is Exhibit 121 for the record.

ROBERT MADSEN: Doctor, are there different types of Chantix? Is it sold different ways?

JONATHAN LIPMAN: There's only one way that I know, but that way involves several different doses. The patient is given what's called a starter pack and the starter pack, this has green coloration, contains 11 doses of .5 milligram, a half a milligram, to begin treatment and 42 tablets of one milligram tablets to be used in the continuing weeks after the initial week. And the process begins with taking one white pill, that's half a milligram, daily for days one through three, followed by one white half a milligram pill twice daily on days four through seven, and thereafter the patient takes continuation doses of one blue pill, that's a milligram, twice daily. Now, the subsequent doses are all of the latter type. They are all blue one milligram doses.

ROBERT MADSEN: So if I had a pack of Chantix that was in, say, a green box, that's kind of the starter?

JONATHAN LIPMAN: That's a starter box. Yes.

ROBERT MADSEN: And then, the kind of continuation is the blue box?

JONATHAN LIPMAN: Yes. You would not be touching the blue box until you had finished the starter box or you'll become quite ill.

ROBERT MADSEN: And then, was the black box eventually removed from Chantix?

JONATHAN LIPMAN: It's a different kind of box now. We're talking about the box on the label.

ROBERT MADSEN: Okay. Can you tell me about that?

JONATHAN LIPMAN: Yes. It was removed in December of 2016 following the representation by the company to the Food and Drug Administration that it had performed a study that they argued meant that the black box did not -- that the information could still be there, but not in a black box.

ROBERT MADSEN: And who funded the study?

JONATHAN LIPMAN: Pfizer, the drug company.

ROBERT MADSEN: The people who are producing the drug?

ROBERT MADSEN: Have you reviewed -- I guess, that study's called the EAGLE study?

JONATHAN LIPMAN: It is. Several publications came as a result of that. I've reviewed several of them. Not all of them.

ROBERT MADSEN: And in looking at that as a neuropharmacologist, did you see a problem with that?

JONATHAN LIPMAN: I did, but in order to explain it, I actually have to -- with tolerance of the Court, I have to read something from the black box or it won't -- my answer won't make any sense.

ROBERT MADSEN: Okay. Please.

JONATHAN LIPMAN: Or let me do it from the monograph instead. "Patients should be observed for neuropsychiatric symptoms or worsening of pre-existing psychiatric illness, e.g., schizophrenia, depression --

COURT REPORTER: Wait.

ROBERT MADSEN: Just slow down when you read.

COURT REPORTER: You've got to slow down way slow.

ROBERT MADSEN: She's got to take it all down.

COURT REPORTER: Just start over.

JONATHAN LIPMAN: "Patients should be observed for neuropsychiatric symptoms or worsening of pre-existing psychiatric illness, e.g., schizophrenia, depression, bipolar disorder, during treatment with Varenicline due to some serious neuropsychiatric symptoms reported during use of the drug. Post-marketing reports have included mood or behavioral changes or a psychiatric event such as a psychosis, hallucinations, paranoia, delusions, homicidal ideation, hostility, agitation, anxiety, panic, mania, depression, suicidal ideation, suicide attempt and completed suicide in patients with or without a psychiatric history." Now, the EAGLE study was a study done by the company in psychotic patients. They were either schizoaffective or schizophrenic. They were selected for the study on that basis, and they were all under psychiatric treatment taking antipsychotic drugs. They were all stable, and if they'd had an episode, a return of psychosis or other mental illness in the previous months prior to the giving of them Varenicline, then they were excluded from the study.

ROBERT MADSEN: So this study is based on folks who were schizophrenic or schizoaffective, but are actively being treated and haven't had a recent episode?

JONATHAN LIPMAN: That's correct. And the company reported that unbalanced Varenicline was safe in those people who were actively under medicated antipsychotic control and mood control and monitored by therapists. However, even in that study, more patients in the Varenicline treated psychiatric cohort had serious neuropsychiatric events involving a psychiatric hospitalization than in patients receiving a placebo even in the EAGLE study, according to a review that I am reading, but the FDA agreed that the black box warning could be removed.

ROBERT MADSEN: Let me ask you, then -- let me change subjects and ask you. Have you reviewed Tim's psychiatric drug or what he has been prescribed as far as psychiatric drugs since he has been placed in custody?

JONATHAN LIPMAN: Yes, I have. I don't have it in front of me, but I'm familiar with what he's been taking.

ROBERT MADSEN: And one of those drugs is Geodon?

ROBERT MADSEN: Who is that made by?

JONATHAN LIPMAN: Pfizer, ironically.

ROBERT MADSEN: And it appears he's been on that since September of 2014?

ROBERT MADSEN: Is Geodon, is that taken recreationally?

JONATHAN LIPMAN: Absolutely not or not to my knowledge. I can't imagine anyone wanting to.

ROBERT MADSEN: Is it not a pleasurable experience? Could you describe that to the jury?

JONATHAN LIPMAN: It is -- unless you're suffering from psychotic agitation, you would find the effect of Geodon suffocating. It would be oppressively tranquilizing, clouding of consciousness, blunting of mood, it blunts euphoria, which is why it's also useful in bipolar disorder and mania. It would be quite unpleasant as far as I'm aware.

ROBERT MADSEN: Besides those side-effects, does it have any physical kind of side-effects, potentially?

JONATHAN LIPMAN: There is a risk with all of these drugs, less so with Geodon than some of the early ones, of producing brain damage. You can see the effects of it when the drug is still being given as a kind of tremor, extrapyramidal syndrome. The muscles may also be affecting the mouth and the tongue and the neck, which can effect voice. Speed of thought is clouded, slowed. Word-finding ability is impaired. There are neuropsychological impairments across the board. However, some of the effects on the striatum of the brain can be permanent, and tardive dyskinesia is the one that we worry about, which is a sort of parkinsonism syndrome. You do not use this drug unless the risks and benefits are carefully weighed and in a person who doesn't need it psychiatrically, there are no benefits. All there is, is risks. No physician would do that.

ROBERT MADSEN: So would you have an opinion about a physician if they would give Geodon to someone who didn't need it?

SUZANNE MAYES: Objection, Your Honor. Cause for speculation outside the scope.

THE COURT: I think it's within the scope and I think he already answered a question very similar to that in his follow-ups. So I'm going to allow it. So overruled.

JONATHAN LIPMAN: That would be assault.

ROBERT MADSEN: Malpractice?

ROBERT MADSEN: Now, there have been some talk about half lives. What is the half life of Geodon?

JONATHAN LIPMAN: It's quite short. Unlike some of the older more established antipsychotic drugs, the effect of the drug dissipates over about eight hours. So the drug is given regularly daily, and in some patients they clear it a little more quickly than others due to their metabolism, they are very, very ready for the next dose because their symptoms are already returning. This is quite different from some of the other longer acting older drugs. In some cases, they only need to be given once a day. In some cases, once every two weeks, but with Geodon, you cannot miss a dose. It is critical that you not miss a dose. You must carry the dose with you so that you do not miss the dose.

ROBERT MADSEN: And so, potentially, there could be effects or ramifications if I miss, say, two days?

JONATHAN LIPMAN: There would be, yes. You would expect not only uncovering of the underlying illness, but because the underlying illness has been kept under control, suppressed by the drug therapeutically and benevolently, there is a risk of what we call rebound psychosis when the drug is discontinued for withdrawn, and rebound psychosis can be even worse than the underlying condition was before treatment began until it stabilizes.

ROBERT MADSEN: And so, Doctor, do you have an opinion, to a reasonable degree of certainty in neuropharmacology, how Tim's drug use would have effected his thinking and behavior at the time of his killing of his children?

ROBERT MADSEN: Can you tell me that?

JONATHAN LIPMAN: It would have exacerbated his underlying psychiatric illness.

ROBERT MADSEN: That's all the questions I have, Your Honor.

THE COURT: Ms. Mayes.

CrossCrossJonathan Lipman — Cross Jonathan Lipman Suzanne Mayes

CROSS-EXAMINATION By Ms. Mayes:

SUZANNE MAYES: A few questions for you, Dr. Lipman, to follow-up on what he was just asking you about the drug Geodon. You've testified before about Geodon, haven't you?

JONATHAN LIPMAN: I don't know.

SUZANNE MAYES: You don't --

JONATHAN LIPMAN: I don't remember. I'm sorry.

SUZANNE MAYES: You've given extensive testimony in the past concerning the impact of antipsychotic medications, which would include Geodon?

JONATHAN LIPMAN: It may or may not include Geodon. If you could refer me to what you're addressing, I will answer you.

SUZANNE MAYES: All right. I'm going to show you a document and ask you whether or not you recognize this, similar to the document you previously identified by Pfizer, being the side-effects of Chantix. Are you familiar with this publication, being the side-effects of Geodon?

JONATHAN LIPMAN: Yes. I think I referred to these side effects in my direct testimony. I said it would be slowing. It would be impairing. It would not be desirable.

SUZANNE MAYES: Can you identify this document as the published side-effects of Geodon by Pfizer?

JONATHAN LIPMAN: No. I can only -- I can only say that you represent it so. If I could have a few minutes with a computer --

SUZANNE MAYES: Absolutely.

JONATHAN LIPMAN: I will need wireless.

SUZANNE MAYES: Beg The Court's indulgence.

THE COURT: Yes, ma'am. A And a computer.

SUZANNE MAYES: We will continue as we get that information. So your testimony right now under oath, Doctor, is that you are or are not familiar with the side-effects of the drug Geodon?

JONATHAN LIPMAN: Yes. I testified in my direct about the side-effects that would be produced in a person who didn't need it. It would be quite unpleasant. They would be sedating, they would be disabling cognitively.

SUZANNE MAYES: So let's follow-up about your testimony just a few moments ago, specifically as to Geodon. I believe the words you used is that it has the potential for brain damage. Brain damage were your words.

JONATHAN LIPMAN: I said all of the antipsychotic drugs. I didn't specifically say Geodon.

SUZANNE MAYES: All right. Well, I'm going to ask specifically about Geodon.

ROBERT MADSEN: I ask that she not cut him off and he be allowed to finish his answer.

THE COURT: Sure. That's fine. I agree. And I think she was trying to recharacterize her question. So, Ms. Mayes, be aware.

SUZANNE MAYES: Yes, sir, Your Honor.

SUZANNE MAYES: I'm going to ask you specifically about Geodon because that is the drug that was prescribed to Timothy Jones, Jr. in September, 2014 according to the testimony you gave a few moments ago. So you're familiar with that, correct?

SUZANNE MAYES: And you are familiar with the fact that following his arrest, he was prescribed Geodon in September of 2014, correct?

SUZANNE MAYES: Now, what dosage was he taking on a daily basis of Geodon?

JONATHAN LIPMAN: I would have to review my records.

SUZANNE MAYES: You don't have that information? That wasn't supplied to you?

JONATHAN LIPMAN: Yes, it was.

SUZANNE MAYES: Okay. We'll take time for you to review that.

JONATHAN LIPMAN: Thank you. I have my notes. I don't actually have the record. But my notes say that he was admitted on the 13th of September, I believe, in safekeeping status without being on it. Let me double check that. Let me check that. And in the period 18 September to 25 September, he was getting Geodon 20 milligrams. And then on 25 September, the instructions were increase to one in the morning and two at night. That would be 60.

SUZANNE MAYES: All right. So one in the morning and two at night would be a total of how many milligrams a day?

JONATHAN LIPMAN: On the milligrams that were being then dispensed, it would be 60 milligrams a day.

SUZANNE MAYES: Sixty milligrams for each pill?

SUZANNE MAYES: Twenty milligrams for each pill and that would be 60 for a day?

SUZANNE MAYES: And that was what date?

JONATHAN LIPMAN: In my notes, it says 18 September, 2014.

JONATHAN LIPMAN: But I don't have the actual notes in front of me.

SUZANNE MAYES: Are you aware as to whether or not his Geodon dosage was increased even beyond that at some point?

SUZANNE MAYES: You are aware?

SUZANNE MAYES: Okay. So tell us how much it was increased after that.

JONATHAN LIPMAN: On the 9th of October another drug was added. That was Prozac. And then -- which is relevant. And then on the 20th of November, his Prozac dose was increased to 60 milligrams a day.

JONATHAN LIPMAN: And then, although we don't have the dispensing record, we have a note here that he was, in fact, also being given Nortriptyline. That note being on the 10th of June, 2015.

SUZANNE MAYES: And could you spell that drug name out for the Court Reporter's benefit?

JONATHAN LIPMAN: N-O-R-T-R-I-P-T-Y-L-I-N-E.

SUZANNE MAYES: And what type of drug is that?

JONATHAN LIPMAN: That is a tricyclic antidepressant drug.

SUZANNE MAYES: That's another antidepressant?

JONATHAN LIPMAN: One of the earlier tricyclics. Yes.

JONATHAN LIPMAN: And then, continuing to review my notes. Apparently, my notes do not continue beyond that. I am aware -- I have been told that his doses has been increased several times since then.

SUZANNE MAYES: All right. So his Geodon dosage has increased several times since the 2014 dosage of 60 milligrams a day. Your testimony today is, you don't know exactly how much it's increased to, correct?

SUZANNE MAYES: But according to FDA standards, the maximum dosage would be 80 milligrams, correct?

JONATHAN LIPMAN: Yes. Well, I don't have the Geodon literature in front of me, but I believe that to be true.

SUZANNE MAYES: So understanding that it's increased 60 milligrams, is it your understanding that he's at the maximum dosage or higher for Geodon?

JONATHAN LIPMAN: There's no prohibition on using it above the maximum recommended dose. That is up to the discretion of the physician at their own risk.

SUZANNE MAYES: Okay. So he could be at the maximum level or even higher if a physician prescribes at a higher level?

SUZANNE MAYES: It's discretionary?

JONATHAN LIPMAN: Yes. Considering the risks and the benefits.

SUZANNE MAYES: Okay. So with all of that taken into account, one of the things that you addressed in your report was the potential impact of Geodon on the testing that was conducted on Mr. Jones by Tora Brawley back in September of 2016. Do you recall addressing that in your report?

JONATHAN LIPMAN: I don't, but I -- well, if you could, perhaps, draw my attention to --

SUZANNE MAYES: Okay. Well, if you could, turn to your report. Page four of your report, dated November, 2017.

JONATHAN LIPMAN: Could I see the face page of what you're holding? I don't seem to have one with that date.

SUZANNE MAYES: Well -- so you are Dr. Jonathan Lipman with Neuroscience Consulting and did you issue a report dated November 13th of 2017 in your name?

JONATHAN LIPMAN: Yes, I did. And thank you, I believe I found it. But there was more than one report, and due to some error, I do not have, in my file the one that you're holding.

THE COURT: Can we print out a copy to him?

ROBERT MADSEN: Yes, please.

THE COURT: Can you all -- I mean, we'll make a copy. I'll get the Clerk to assist with a copy, but he ought to have a copy of what Ms. Mayes is asking about.

SUZANNE MAYES: And I'll continue, Your Honor, while we're looking for that.

SUZANNE MAYES: Dr. Lipman, you indicated you issued more than one report. So you have a report beyond the November, 2017 report?

JONATHAN LIPMAN: I do, but my point was, I have a report dated 2000 -- 13 November, 2017 that is different from the one that you are holding. It's a single page and it addresses the AB Pinaca found in blood and packaging.

SUZANNE MAYES: All right. Well, I'm going to pass up -- Your Honor, I believe we do have a duplicate report.

SUZANNE MAYES: I'm going to refer you to page four of your report. Are you not familiar with this document?

JONATHAN LIPMAN: I recognize it, yes.

SUZANNE MAYES: All right. So page four of your report. You mentioned that the Defendant, Timothy Jones, Jr. was examined April, 2016 by another Defense consultant named Tora Brawley?

SUZANNE MAYES: You go on to state that Mr. Jones was found to suffer from a pattern of deficits that could be explained in part by the drugs with which he had been treated?

JONATHAN LIPMAN: Correct. I did say that and I do believe that.

SUZANNE MAYES: You stated that he demonstrates deficits including mental tracking speed and motor speed that were severely impaired?

SUZANNE MAYES: All right. So now, having addressed that he was taking Geodon, according to your notes, at 60 milligrams a day, but you also have information that that dosage was increased and you don't have the amount that it was increased to but you do know that it was increased beyond 60 milligrams a day, correct?

JONATHAN LIPMAN: Well, I've been told so. I don't have any proof of it.

SUZANNE MAYES: You've been told so by who?

JONATHAN LIPMAN: The Defense attorney.

SUZANNE MAYES: Okay. So the Defense attorney has advised you that his dosage has been increased even beyond the 60 milligrams a day and we don't know how much that is, correct?

JONATHAN LIPMAN: He didn't mention any dosage. He just said it had been increased.

JONATHAN LIPMAN: It's possible that it had been decreased, and then increased back to 60. I don't know. I don't -- all I know is I was told it has been increased.

SUZANNE MAYES: All right. Well, wouldn't you need that information before coming into court today to render opinion about the effects of drugs on Mr. Jones? Wouldn't you need all of his prescriptions and the amount of dosage prescribed?

JONATHAN LIPMAN: I would like to have that information. It depends as to what question I'm being asked as to whether I need to rely on that.

SUZANNE MAYES: So you'd like to have it, but you weren't provided it, correct?

JONATHAN LIPMAN: I haven't got recent prescription dispensing records for him. No.

SUZANNE MAYES: Your testimony was that, according to FDA standards, the maximum dosage would be 80 milligrams a day, but the physician can prescribe higher. Let me show you a document and ask you whether you were ever provided this, being prescription records of Mr. Jones showing that he was taking 80 milligrams a day in 2015.

JONATHAN LIPMAN: I don't have the -- I'm still reviewing. I don't have the -- the FDA package insert that I offered to print out when you asked me the previous question and I need it to answer this question.

SUZANNE MAYES: Okay. All right.

JONATHAN LIPMAN: Because this doesn't say that he was getting 80 milligrams a day.

SUZANNE MAYES: And would it surprise you to learn that that was increased even more to -- so four times a day at 80 milligrams to be 320 milligrams a day?

JONATHAN LIPMAN: Right. Without seeing the prescribing information, the FDA prescribing information that I offered to get on the previous question, I can't answer this question or the previous question or the one prior to that.

SUZANNE MAYES: And, Your Honor, if we may approach.

THE COURT: You may.

SUZANNE MAYES: This would be the Pfizer website.

SUZANNE MAYES: Feel free to peruse it as necessary. Did that assist you, Dr. Lipman?

JONATHAN LIPMAN: Yes. It doesn't actually describe the maximum dose on this page, but it does describe the typical dosing.

SUZANNE MAYES: All right. So looking at your records that you relied on that's attached to this same report, numerous records were included from his current facility, and those numerous records would have included prescription dosages, correct?

JONATHAN LIPMAN: Yes. Could I keep this here?

SUZANNE MAYES: Yes. You can keep that there. So you're familiar with this document because it's part of the underlying data that you were originally provided, correct?

SUZANNE MAYES: All right. Your Honor, at this time, the State would offer the prescription dosage records of Timothy Jones, Jr. as part of the underlying data relied upon by Dr. Lipman.

THE COURT: Mr. Madsen?

ROBERT MADSEN: Don't think I have an objection. I just need to see it real quick.

THE COURT: Mr. Madsen.

ROBERT MADSEN: No objection.

THE COURT: Is that going to be marked, Ms. Mayes?

SUZANNE MAYES: Yes, sir, Your Honor.

COURT REPORTER: Exhibit 195. (Whereupon, State's Exhibit number 195 was admitted into evidence.)

SUZANNE MAYES: All right. Dr. Lipman, I'm going to pass this back up. This is State's Exhibit 195 now.

THE COURT: Which is admitted without objection.

SUZANNE MAYES: And, Dr. Lipman, you may continue to rely upon that document. So does that refresh your memory that the amount of dosage prescribed to Mr. Jones was, in fact, 320 milligrams a day?

JONATHAN LIPMAN: No. Not on this page. Oh, I'm sorry. Are you asking me to look elsewhere?

SUZANNE MAYES: It would be 80 milligrams four times a day for a total of 320 milligrams a day for Mr. Jones.

JONATHAN LIPMAN: Give me a moment, please. You've handed me two pages. The first page pertains to his administrations in April of 2016 and no other time. The second page, which relates to June of 2016 and at no other time, is not to be added to what he took in April. Am I misunderstanding your question? Could you clarify?

SUZANNE MAYES: Yes. So the original prescription there -- do you see the first set of prescriptions? And then it's re-prescribed on the second page.

JONATHAN LIPMAN: Yes. In April, he was getting two dosages of 80 milligrams of Geodon a day, and in June he was getting two doses of Geodon a day in June.

SUZANNE MAYES: May I approach, Your Honor?

THE COURT: Yes, ma'am.

SUZANNE MAYES: So we're talking about --

JONATHAN LIPMAN: I fail to find your 360 milligrams.

SUZANNE MAYES: Okay. November of 2015, he is prescribed two capsules a day, 80 milligrams each. So that's 160. And then he has an additional prescription to take two more at 80 milligrams a day for a total of 320, and he is taking these in combination. Do you dispute that, Dr. Lipman?

SUZANNE MAYES: Were you not provided that information?

JONATHAN LIPMAN: You have stapled together two pages. Maybe I could review this more closely. One of them pertains to a prescription on the 19th of November, 2015. The other pertains to a prescription on the 28th of April of 2016 beginning only on the 1st of the month. They are not -- I don't understand your question.

ROBERT MADSEN: Judge, we would stipulate, at some point in time, he was up to 320 milligrams a day.

JONATHAN LIPMAN: It's just not --

SUZANNE MAYES: That's what we're seeking, Your Honor, and I believe that's been clarified.

JONATHAN LIPMAN: It's just not on these pages. I'm sorry.

SUZANNE MAYES: Okay. So if we could have a stipulation at this time, Your Honor --

THE COURT: How, about this?

SUZANNE MAYES: -- that there --

THE COURT: He can consider that in rendering his opinion if he's told that. That's the same result. He's an expert. He may consider assuming a dosage of, your question.

SUZANNE MAYES: All right. So having a stipulation, Dr. Lipman, that Mr. Jones is taking 320 milligrams a day of Geodon, you would agree that there would be neuropsychological deficits regarding his testing, correct?

JONATHAN LIPMAN: Regarding his neuropsychological testing only. Yes.

SUZANNE MAYES: I believe your testimony a few moments ago on direct examination is that you would expect it to affect speed of thought, which would be clouded and slow. Those were your words a few moments ago, correct?

SUZANNE MAYES: And that there would be neuropsychological effects across the board?

SUZANNE MAYES: And that was -- you made that testimony without even considering that he was at a maximum dosage of 320 milligrams, correct?

JONATHAN LIPMAN: I still haven't seen that record, but --

SUZANNE MAYES: But you accept the stipulation by the Defense, correct?

JONATHAN LIPMAN: I'm happy to accept any stipulation.

SUZANNE MAYES: All right. So having reviewed now the Pfizer website, I'm going to show you this document that I had previously showed you.

THE COURT: Do you need back on there, Doctor? It timed out on him.

SUZANNE MAYES: Yes, sir, Your Honor.

SUZANNE MAYES: While we're pulling that website back up, if you could review this document regarding the known side-effects of Geodon. All right. So having compared this publication to its website, are you able to establish that that is, in fact, the known side effects of Geodon?

SUZANNE MAYES: All right. Your Honor, this will be State's -- I believe it's going to be 196 now --

COURT REPORTER: 196.

SUZANNE MAYES: -- for evidence.

ROBERT MADSEN: Can I see it?

ROBERT MADSEN: No objection.

THE COURT: 196 without objection. It's in. (Whereupon, State's Exhibit number 196 was admitted into evidence).

SUZANNE MAYES: All right. So among the published known side-effects of Geodon are the potential for cognitive and motor impairment, correct, Dr. Lipman?

JONATHAN LIPMAN: Yes. As I wrote in 2016.

ROBERT MADSEN: I'm going to object. Asked and answered. This is, I think, the third time that she's going over it. I let it go the second time.

THE COURT: I tend to agree with you. It's time to move on to something else.

SUZANNE MAYES: Now, about the Chantix. You came in this morning to testify about Chantix, being the brand name for the smoking cessation medication. What was the specific dosage that was prescribed to Mr. Jones and when?

JONATHAN LIPMAN: Let me check my record. Again, I'm going from my notes rather than the actual record. I found in the 7 February 2014 record from Doctors Care, which was a clinic, John Saunders was the physician, that he was given a Chantix starter pack with two continuing months.

SUZANNE MAYES: All right. And what is the date?

JONATHAN LIPMAN: The date I just spoke was 7/4 -- 7 February of 2014.

SUZANNE MAYES: All right. February 7th, 2014. And on this particular document, it states that Mr. Jones said that he wanted to try Chantix and it had worked before, but he stopped taking it, correct?

JONATHAN LIPMAN: Yes. That's what my note says.

SUZANNE MAYES: And in this doctor's report from February 7th, 2014, he goes on to say that he did well on Chantix in the past, correct?

SUZANNE MAYES: So the patient was not reporting any known side-effects to Chantix, which he had used in the past?

SUZANNE MAYES: And it goes on to state that he did not get suicidal on Chantix in the past, correct?

SUZANNE MAYES: And this also medication records that you relied on in forming your opinion for today, correct?

SUZANNE MAYES: You were supplied these as part of your underlying data?

SUZANNE MAYES: Your Honor, we would offer as State's Exhibit 197 the medical records related to the February 7th, 2014 Doctors Care visit.

THE COURT: Any objection?

ROBERT MADSEN: No objection.

THE COURT: 197, the Doctors Care medical records from February '14 without objection. (Whereupon, State's Exhibit number 197 was admitted into evidence.)

SUZANNE MAYES: And, Your Honor, we will substitute with a clean copy.

SUZANNE MAYES: So considering 197, that he did not report any known adverse effects, do you know whether or not Mr. Jones was even taking those Chantix pills around the time of the homicides, which was August 28th, 2014?

JONATHAN LIPMAN: Not with any certainty, no.

SUZANNE MAYES: Well, have you met Mr. Jones or interviewed him?

SUZANNE MAYES: So when you say not without -- not with any certainty, you really don't know at all if he was taking Chantix in August of 2014?

JONATHAN LIPMAN: That's correct.

SUZANNE MAYES: You only know that he was prescribed it in February of 2014 having reported no previous adverse effects, right?

JONATHAN LIPMAN: That's what he told his doctor. Yes.

SUZANNE MAYES: And I'm looking now at Defense Exhibit 121, being Chantix, and it shows a full course of pills in this box, doesn't it?

SUZANNE MAYES: And then 120 Defense Exhibit?

SUZANNE MAYES: It's marked for ID, but I believe it's in, Joy?

COURT REPORTER: It is.

THE COURT: It's in.

SUZANNE MAYES: And then, State's -- I'm sorry, Defense Exhibit 133, also showing a full course of pills, correct? So we have two packs where it wasn't used at all, correct?

JONATHAN LIPMAN: I see that now. I have not seen them before.

SUZANNE MAYES: You had not been supplied this information?

SUZANNE MAYES: All right. And then we see a third pack where there are one, two, three, four, five, six, seven, eight, nine pills missing and numerous pills remaining from this pack, correct?

SUZANNE MAYES: And that would be Defense Exhibit 120. So all we know is that out of three packs of Chantix, nine pills are missing and that prescription was from February of 2014, correct?

JONATHAN LIPMAN: Correct. You're also missing the starter pack, I think.

SUZANNE MAYES: So the starter pack precedes that, correct?

SUZANNE MAYES: Well, we know he took he took the starter pack because he reported that he had no adverse effects, correct?

SUZANNE MAYES: And that he had done well on Chantix in the past?

SUZANNE MAYES: So in reality, from a February 2014 prescription, nine Chantix pills are missing?

JONATHAN LIPMAN: Apparently, yes.

SUZANNE MAYES: Dr. Lipman, you have no idea whether or not he was taking Chantix in August of 2014, correct?

SUZANNE MAYES: And you're not here to say that taking nine Chantix pills back in February would have caused him to murder his children, are you?

SUZANNE MAYES: So now, let's move on --

ROBERT MADSEN: We have an objection.

THE COURT: Do we need -- all right. Let me hear your objection.

ROBERT MADSEN: Judge, objection to the word, murder.

SUZANNE MAYES: I can rephrase that, Your Honor.

THE COURT: All right. Rephrase then, Ms. Mayes. Now, we'll be back on the record.

SUZANNE MAYES: Mr. Lipman, you have no knowledge whether or not taking nine Chantix pills in February would have caused him to wrap his hands around the throats of four of his children, do you?

ROBERT MADSEN: Judge, objection. I don't think that that's an appropriate question.

THE COURT: I'm going to ask Ms. Mayes to rephrase it again.

SUZANNE MAYES: Those nine Chantix pills from February did not cause him to commit the crimes that he is on trial for, did it, Dr. Lipman?

JONATHAN LIPMAN: Let me answer that --

ROBERT MADSEN: Same objection, Your Honor.

THE COURT: I'm going to allow that one. A Let me answer that this way. No. There's no proximate cause at all. However, people with underlying psychiatric illnesses whose illness is typically, balanced in some way, allowing them to continue their lives, can be completely knocked off the rails by drugs that provoke underlying psychosis. Drugs such as AB Pinaca or, in some cases, Varenicline, once the course of their underlying illness has been disturbed, then their underlying illness can be more severe. So I can't exclude any possibility that it had some relation to how his ongoing mental illness progressed.

SUZANNE MAYES: I'm going to ask you some more about that. Especially regarding your reference to an underlying mental illness. You reviewed reports supplied to you by the Defense, correct?

SUZANNE MAYES: Did you review the final report of Dr. Richard Frierson, the Court appointed forensic psychiatrist, dated April of 2019?

SUZANNE MAYES: Did you report -- review the report of Dr. Kimberly Kruse in 2019?

JONATHAN LIPMAN: For some reason, I don't have that. It's possible I didn't. Let me --

SUZANNE MAYES: It's possible you didn't?

JONATHAN LIPMAN: Let me look at my record of reviewed notes.

SUZANNE MAYES: And, again, the report I'm asking about regarding Dr. Richard Frierson will be dated April of 2019.

JONATHAN LIPMAN: Yes, I have that. Please name the last one that you --

SUZANNE MAYES: Dr. Kimberly Kruse.

JONATHAN LIPMAN: It's not in my list. I'm sorry.

SUZANNE MAYES: All right. You were not supplied that information?

JONATHAN LIPMAN: It appears not.

SUZANNE MAYES: Now, you, yourself, do not have expertise to decide any type of psychiatric diagnosis, correct?

SUZANNE MAYES: You're relying on information supplied to you by the Defense, correct?

SUZANNE MAYES: Because the report of Dr. Frierson that you said you reviewed did not find any underlying mental illness, correct?

JONATHAN LIPMAN: That was his conclusion. Yes.

SUZANNE MAYES: All right. So moving onto to the AB Pinaca since you mentioned that a few moments ago. Known side-effects of AB Pinaca include hallucinations, paranoia, delirium, psychosis, agitation. You're familiar with all those side-effects of AB Pinaca, correct?

SUZANNE MAYES: Every single one of those can mimic a mental illness, can't it, Doctor?

JONATHAN LIPMAN: Yes. For its duration of use -- duration of action.

SUZANNE MAYES: And if there is dependence, there can be withdrawal following that dependence, correct?

JONATHAN LIPMAN: That's correct, also.

SUZANNE MAYES: And what are some of the withdrawal symptoms that one would expect for a drug such as AB Pinaca?

JONATHAN LIPMAN: Well, psychosis is not one of them. That's the effect of the drug, not the withdrawal. Although, the effect on a person with an underlying psychosis can be very, very persistent.

SUZANNE MAYES: Well, you're familiar with studies on AB Pinaca that include those same side-effects even in people with no underlying illness, correct?

ROBERT MADSEN: Judge, I would just ask that he be allowed to finish his answer before she starts the next question. That's the second time.

THE COURT: And she's doing that. Continue on. A The withdrawal effects are mostly psychic of anxiety, agitation, depression. To the extent that there is any enduring psychosis such as was present during the acute effect of the drug, if persistent, that represents an underlying vulnerability to the psychosis. Not to the effect of the drug itself.

SUZANNE MAYES: You mentioned a little while ago on direct examination that metabolites may remain in the system ever after the drug is clear, correct?

JONATHAN LIPMAN: That is correct.

SUZANNE MAYES: And the effects in duration of that isn't really known because there haven't been extensive human studies on AB Pinaca, correct?

JONATHAN LIPMAN: That's correct, too.

SUZANNE MAYES: So a lot of this is just unknown regarding how long the drug stays in the system, how long the metabolites stay in the system and how long it may effect someone, correct?

JONATHAN LIPMAN: That is true. Yes.

SUZANNE MAYES: And then the withdrawal side-effects of AB Pinaca also are not well known, correct?

JONATHAN LIPMAN: That's also true.

SUZANNE MAYES: Because there are very limited studies?

JONATHAN LIPMAN: Yes, that's right.

SUZANNE MAYES: Are you aware, Dr. Lipman, that voluntary drug use is not a defense to a crime in this state?

JONATHAN LIPMAN: On its own. Yes, I am.

ROBERT MADSEN: Judge, I would object. That calls for a legal conclusion.

THE COURT: Sustained.

ROBERT MADSEN: And I move to strike.

THE COURT: To that question and answer.

SUZANNE MAYES: So your testimony previously was that the use of Chantix may exacerbate any underlying mental illness, but as you've acknowledged, you don't even know if he was taking Chantix. Now, let's talk about AB Pinaca. Do you have any reliable information that he was taking AB Pinaca at the time of the murder since you gave an opinion in that regard?

ROBERT MADSEN: Object to the use of the word murder.

THE COURT: All right. What?

SUZANNE MAYES: Crimes for which --

THE COURT: What words would you like her to use? Because I want to try to get through this and you don't like any of them.

ROBERT MADSEN: Kill. I mean, that's calling for a legal conclusion from him. She's basically trying to, you know, get her theme for what she thinks --

THE COURT: I understand you all both are doing that. Give me your word and I'm going to suggest it. You all are beating a dead horse for me right now and I don't want that on the video, but I'm getting tired of the you don't like her words. Give her the word you want her to use and she'll use it. I promise you.

SUZANNE MAYES: Killings will suffice, Your Honor.

THE COURT: Killings?

THE COURT: All right. And I'd like that -- I mean, that edited out of the final video, this discussion, and I'm going to pause to give the video a chance to have a break point. Continue, Ms. Mayes.

SUZANNE MAYES: Yes, sir, Your Honor.

SUZANNE MAYES: Now, Dr. Lipman, you don't have any reliable information that Timothy Jones was using AB Pinaca at the time of these killings, do you?

JONATHAN LIPMAN: The only information I have is his self-report and the physical evidence that was attributed to his historic use. I don't have any blood from the time, for instance.

SUZANNE MAYES: You know that he was using, of course, at the time of his arrest on September 6th when he was stopped by law enforcement in Mississippi, correct?

SUZANNE MAYES: And there is a blood report that goes with that, as well as testing of the Scooby Snax and that can that was seized from his vehicle, correct?

SUZANNE MAYES: And even despite that spice use, he was able to use self-protective measures during the use of that spice such as telling law enforcement --

ROBERT MADSEN: Judge, I would object.

THE COURT: To what?

ROBERT MADSEN: I don't believe that it's an appropriate question.

THE COURT: If he knows --

ROBERT MADSEN: Saying self-protected --

THE COURT: I'm not certain where she was going with it. I'd need to hear the full question. Perhaps it is not allowed. I don't know. Finish your question, Ms. Mayes.

SUZANNE MAYES: Yes, sir, Your Honor.

SUZANNE MAYES: You are aware -- I believe you noted that you had various police reports in this case, correct?

SUZANNE MAYES: So you're aware that he was stopped by authorities in Mississippi on September 6th, 2014?

SUZANNE MAYES: That he had spice in his possession?

SUZANNE MAYES: Which contains AB Pinaca because that particular spice was tested and contained AB Pinaca, you're aware of that?

JONATHAN LIPMAN: I'm aware of that.

SUZANNE MAYES: And that his blood test results were positive for AB Pinaca following his arrest on September 6th?

SUZANNE MAYES: And yet, despite that use, he told law enforcement that he didn't have any children, were you aware of that?

JONATHAN LIPMAN: I think that was true, wasn't it?

THE COURT: Rephrase your question, Ms. Mayes.

SUZANNE MAYES: Yes, sir, Your Honor.

SUZANNE MAYES: You're saying it was true that he didn't have any children because he had killed them all?

SUZANNE MAYES: All right. Are you aware that he then changed his story and told police that he did have three children, but they were with the mother in South Carolina? Did you know that?

JONATHAN LIPMAN: I think I recall that, yes.

SUZANNE MAYES: All right. So that wasn't true, was it?

JONATHAN LIPMAN: That wasn't true, no.

SUZANNE MAYES: And then he told the officer, if you're familiar with the case, that the car smelled because he had garbage in it, correct?

SUZANNE MAYES: And then he went on to explain to the officer all of the chemical components contained in that Scooby Snax and why it was considered legal. Were you aware of that?

JONATHAN LIPMAN: I don't actually recall that.

SUZANNE MAYES: So even under the influence of AB Pinaca that night and under those circumstances, he was able to lie to law enforcement, wasn't he?

JONATHAN LIPMAN: Yes, he was.

SUZANNE MAYES: He was able to conceal the evidence in his vehicle, the odor of decomposition, by saying it was garbage, wasn't he?

JONATHAN LIPMAN: He was able, yes.

SUZANNE MAYES: And the only information that you would have that he used AB Pinaca on the date of the killings would be if he told you that now, correct? You've heard his confession. It was listed -- or his statement. It was listed in your materials. That's something you considered.

SUZANNE MAYES: So you heard him tell law enforcement that he didn't use AB Pinaca at all on the date of the killings?

JONATHAN LIPMAN: I actually don't recall that, but I accept that he did, yes.

SUZANNE MAYES: So you're here to testify and ultimately give an opinion as to whether or not AB Pinaca played any role in his behavior on the date of the killings, but you don't remember in his statement to law enforcement when he told them he didn't use it at all that day? You don't recall that?

JONATHAN LIPMAN: It wouldn't make any difference. His use on that day is not material. I wasn't suggesting that his intoxication at the time of the offense resulted in the misbehavior. My suggestion was that it exacerbated his underlying mental illness.

JONATHAN LIPMAN: That doesn't go --

JONATHAN LIPMAN: That doesn't go away when the drug goes away. That puts him -- that knocks him off the rails. And to that extent, he remains in need of antipsychotic medication.

SUZANNE MAYES: So all of this is based on if he has a mental illness -- and you know there are contrary reports, correct?

SUZANNE MAYES: And then all of this would be if he was using AB Pinaca, it could effect an underlying mental illness which may or may not be present, correct?

JONATHAN LIPMAN: I have no doubt that Dr. Agharkar and Dr. Smith have diagnosed him as suffering from a psychosis spectrum mental illness.

SUZANNE MAYES: You cannot state that to a reasonable degree of medical certainty, can you?

JONATHAN LIPMAN: I rely on them for that diagnosis.

SUZANNE MAYES: But you don't rely on the Defendant's word as to whether or not he was even using AB Pinaca during the timeframe of the killings?

JONATHAN LIPMAN: He had -- I rely on him having told respondents that he had used it for two months prior to the killings and was continuing to use it after the killings.

SUZANNE MAYES: All right. And, again, this is self-reported because he's told different stories, hasn't he?

JONATHAN LIPMAN: I'm not sure about that.

SUZANNE MAYES: You're not sure? You're really not even sure what he said about whether he did or did not use AB Pinaca?

JONATHAN LIPMAN: My recollection is that he has said that he was using it for about two months prior. I think he told Dr. Frierson the same thing, and he's told the other psychological/psychiatric examiners the same thing.

JONATHAN LIPMAN: And I would add that his present condition is not being treated lightly. Whoever is prescribing him his medications right now is prescribing him because he has a psychotic mental illness.

SUZANNE MAYES: Again, you're relying on their relating that information to you, correct? Not on your own diagnosis, correct?

SUZANNE MAYES: So let's finish this about AB Pinaca because it's my understanding, based on your direct examination, that's really what you're here for, to explain AB Pinaca and how it may play a role in this, correct?

SUZANNE MAYES: But you didn't recall that he said he wasn't using on the day of the killings, but --

ROBERT MADSEN: Judge, asked and answered.

SUZANNE MAYES: -- if I understand correctly, you're now saying --

THE COURT: I'm going to allow the question.

SUZANNE MAYES: -- you're now saying you have information that he was using?

JONATHAN LIPMAN: I have not said that at all. What I said is -- what I continue to say is that he has told all of the examiners that he had been using it for about two months prior to the offense and continued to use it until his time of arrest following the offense. This is a drug that can exacerbate underlying psychosis spectrum mental illness. He continues to suffer very severely from psychosis spectrum illness. He is not now using AB Pinaca, we can assume, and yet his mental illness is profound enough for him to require antipsychotic medication.

SUZANNE MAYES: Antipsychotic medication that, according to the previous discussions about that, is being prescribed at greater than a discretionary level, correct?

SUZANNE MAYES: And then when you talk about the self-reporting use, again, can you agree that this Defendant, Timothy Jones, is not a reliable historian given his multiple inconsistent stories about what he's used and when?

ROBERT MADSEN: Judge, I object. It calls for speculation. I mean, they're asking his opinion on Tim's reliability. I just don't think it's appropriate. I think that that calls for speculation.

THE COURT: I'll let her rephrase the question. So I'll sustain it the way the question was phrased.

JONATHAN LIPMAN: Yeah. I haven't assessed his reliability. I really have no opinion about his reliability. My opinion is based on the assumptions that I have made, which I have described.

SUZANNE MAYES: Assumptions. Your opinion is based on assumptions, correct?

SUZANNE MAYES: And as you said just moments ago, his reliability isn't important to you?

JONATHAN LIPMAN: I haven't assessed it.

SUZANNE MAYES: Because you've never met with him and you don't know how many different stories he's told to how many different people, do you, Doctor?

SUZANNE MAYES: How much are you being paid for your involvement in this case?

JONATHAN LIPMAN: I charge for my time.

SUZANNE MAYES: And how much is that?

JONATHAN LIPMAN: I charge $275 an hour, time out of office, plus expenses, and $375 in court or deposition.

SUZANNE MAYES: All right. So let's back up to all of those documents that you reviewed leading up to your testimony today. That whole two pages of documents that were listed on your report dated back in 2017. How many hours did you spend reviewing those documents? Have you done an invoice?

JONATHAN LIPMAN: I don't think I brought my invoices. It's not typically something I would be carrying. I'm sure it was a lot.

JONATHAN LIPMAN: I'm sure it was a lot.

SUZANNE MAYES: Well, how much is a lot? Are we talking over $5,000?

JONATHAN LIPMAN: Possibly. Possibly.

SUZANNE MAYES: And that's not including your testimony this week, correct?

SUZANNE MAYES: And your travel time to get here, correct?

SUZANNE MAYES: Did you drive here or fly here?

JONATHAN LIPMAN: I drove here.

SUZANNE MAYES: So your billing for the time that you're driving, as well?

JONATHAN LIPMAN: I am. My assessment was that it would actually take longer to get here if I flew --

JONATHAN LIPMAN: -- coming from where I'm coming from.

SUZANNE MAYES: So you're being paid by the Defense thousands of dollars for your involvement in this case, correct?

JONATHAN LIPMAN: I'm being paid for my time.

SUZANNE MAYES: And all that time you're being paid for, you've never once sat down and met with Timothy Jones, have you?

JONATHAN LIPMAN: Correct. That was not my referral question.

SUZANNE MAYES: You've never throughly reviewed all of his prescription information, including that Chantix that I just showed you, correct?

JONATHAN LIPMAN: Apparently so.

SUZANNE MAYES: You weren't even aware that he had only taken nine pills that date back to February, were you?

JONATHAN LIPMAN: Apparently not.

SUZANNE MAYES: Nothing further, Your Honor.

THE COURT: Mr. Madsen.

RedirectRedirectJonathan Lipman — Redirect Jonathan Lipman Robert Madsen

REDIRECT EXAMINATION By Mr. Madsen:

ROBERT MADSEN: With the Chantix, she asked you about that and, I guess, the nine pills. If he'd started taking it a couple of years before, he's not just going to, two years later, go back on the blue box?

JONATHAN LIPMAN: I'm sorry. He is not. He's got to start it all over again.

ROBERT MADSEN: So he's got to start with the green box?

ROBERT MADSEN: And work his way up to this?

JONATHAN LIPMAN: Yeah, or he'd be very sick.

ROBERT MADSEN: And you -- she asked you about Dr. Frierson's report, but you also reviewed Dr. Agharkar's?

ROBERT MADSEN: Dr. Schwartz-Maddox?

JONATHAN LIPMAN: Is that Schwartz-Watts?

ROBERT MADSEN: Schwartz-Watts. Yes.

ROBERT MADSEN: And Dr. Dorney, I believe, had all found that he had a mental illness?

ROBERT MADSEN: And then, also, his treating, I guess, psychiatrist from SCDC where he's been for the last four years, correct?

ROBERT MADSEN: And what does it tell you when someone is receiving 320 milligrams of Geodon or a powerful antipsychotic?

JONATHAN LIPMAN: It tells me that they are receiving a very large dose --

SUZANNE MAYES: Objection to speculation.

THE COURT: You asked a question about it. He can go back into it. The dosage and its effects. A It's a very large dose with a risk of unpleasant and potentially dangerous side-effects and in the risk/benefit calculation that a prescriber has to go through, that is not -- that decision is not made lightly. Not at all. And therefore, I'm certain that the prescriber feels it is a justified antipsychotic dose.

ROBERT MADSEN: And those can be -- those doses can be upped to deal with additional symptoms or positive symptoms?

ROBERT MADSEN: And that's what's done, generally?

JONATHAN LIPMAN: It is what's -- it is what's done. And/or other medications are added, which are called adjunctive. I haven't seen his current prescribing information.

ROBERT MADSEN: And they asked you about State's Exhibit 195. There are some other drugs on there. Can you go over what those are?

JONATHAN LIPMAN: Yes. 195 is two pages that are totally disconnected in time. It's rather misleading that they be stabled together like this. But I can answer the question.

JONATHAN LIPMAN: The first, which relates to the 1st of April, 2016 to the 30th of April, 2016, describes his daily administration record for Propranolol, which is a beta blocker drug. It lowers blood pressure, but also is used in the treatment of anxiety and PTSD. Ranitidine, which is something that's an antihistamine of the H2 class. Relevant to psychiatry is the fact that he's taking the Ziprasidone, that's the Geodon, and he's taking Prolixin 2.5 milligram, one tab in the morning and two tabs at bedtime, and Benadryl 50 milligrams. Now, Prolixin is one of the older antipsychotic medications. It's more stunning, more tranquilizing and it has a greater risk of producing both extrapyramidal syndrome and tardive dyskinesia. So he's taking two antipsychotic drugs. One is the Ziprasidone. The other is Prolixin. Prolixin, he's taking twice a day, Ziprasidone, twice a day, and the Benadryl he's taking twice a day. And although Benadryl is a common name and an over-the-counter drug, its use in this context is almost certainly in the treatment of the extrapyramidal syndrome because Benadryl, in addition to its antihistamine effects, is anticholinergic and it helps to control the Parkinsonian like twitching and shaking that is a side-effect of the antipsychotic drugs. You had asked me -- you had handed me the two pages together and the second one is of months later. It shows that he's still taking Ziprasidone twice a day. But in addition, he's also taking Fluoxetine 20 milligram, that's Prozac, and Mirtazapine 15 milligram at night. That is a sedative antidepressant drug. It's called Remeron. And he is taking -- that's interesting. I'm having difficulty reading some of this scribble. I'm sorry. And he is -- there may be another page, but it looks as though he's not taking the Benadryl. Oh, yes, he is. His Benadryl dose is now twice a day. 50 milligrams twice a day. So that is continuing. So that was in June. Therefore, there's been a change in the prescription of the drugs that are being given with the Geodon -- with the Ziprasidone, but he's still taking the Ziprasidone twice day 80 milligram. That's 160 milligram in April and in June of 2016.

ROBERT MADSEN: And she has also asked you about Defense Exhibit 120 that shows, I guess, the nine pills missing, correct?

JONATHAN LIPMAN: I guess, it does. Yes.

ROBERT MADSEN: And she talked about the other two being full boxes, but actually, Defense Exhibit 121 is actually missing a pill also, is it not?

JONATHAN LIPMAN: Yes, apparently. Yeah. I haven't seen that -- those before.

ROBERT MADSEN: And can the side-effects of Chantix be minimized by other prescription medications such as antidepressants or anti-anxiety medications?

JONATHAN LIPMAN: I have not actually researched that. That is certainly true, but the recommendation of the manufacturer is to discontinue if necessary.

ROBERT MADSEN: No further questions.

RecrossRecrossJonathan Lipman — Recross Jonathan Lipman Suzanne Mayes

RECROSS-EXAMINATION By Ms. Mayes:

SUZANNE MAYES: Doctor, at the time of this incident, the killings of the children, nobody had diagnosed a psychotic disorder, correct?

JONATHAN LIPMAN: I believe that's correct.

SUZANNE MAYES: Even though he had been seen by multiple mental health professionals, correct?

JONATHAN LIPMAN: Well, he was diagnosed with a bipolar mood disorder.

ROBERT MADSEN: Judge, I'm going to object. That's beyond the scope.

SUZANNE MAYES: I can rephrase that, Your Honor.

THE COURT: All right. Rephrase it because it's confusing to me as to when the examinations take place. So rephrase this to prior to.

SUZANNE MAYES: Regarding an actual psychosis, there had been no diagnosis prior to the murders, correct -- the killings, correct?

JONATHAN LIPMAN: I believe that's correct. Yeah.

SUZANNE MAYES: All right. And all of the opinions that you cited a few moments ago that weigh in on your opinion, those were based on self-reported behaviors by the Defendant, correct?

JONATHAN LIPMAN: Regarding the use of AB Pinaca and Scooby Snax and other cannabinoids for two months prior to and up to the time of arrest.

SUZANNE MAYES: What -- you were talking about any type of underlying mental illness that Mr. Madsen was just asking you about and you cited records that you reviewed. What I'm asking you is, those records are still based on self-reported information from the Defendant, correct?

JONATHAN LIPMAN: No. Particularly from the prison, they're based on physicians, psychiatrists, nurse technician observations of him for months and months and months. He was not immediately put on antipsychotic medication after arrest. His condition had to be evaluated, and ultimately it was, and he is diagnosed as suffering from a psychosis spectrum mental disorder.

SUZANNE MAYES: Doctor, aren't you aware, having reviewed those records and the reports that you've referred to, that the vast majority of that information is self-reported by Mr. Jones, correct?

ROBERT MADSEN: Judge, that's been asked and answered.

THE COURT: No, I don't think it was. He answered what's happened since the arrest as opposed to pre-arrest, and that's where the question's getting confused. And so, I sustained as to the question. She's asking a different question.

JONATHAN LIPMAN: Could you ask the question again?

JONATHAN LIPMAN: I may have misunderstood.

SUZANNE MAYES: Yes. Referring back to any behavior or information relating to his situation prior to the killings, that was self-reported by Mr. Jones, correct?

JONATHAN LIPMAN: I'm trying to refresh my memory.

SUZANNE MAYES: And if you don't know, you can say you don't know.

JONATHAN LIPMAN: Well, I think there was also some neighbor witness interviews, but, essentially, yes.

SUZANNE MAYES: Neighbor witness interviews?

JONATHAN LIPMAN: Could I look at my --

JONATHAN LIPMAN: Notes? I may be thinking of a different case.

ROBERT MADSEN: I would just renew I think we're just beyond the scope of recross.

SUZANNE MAYES: I could move along, Your Honor.

SUZANNE MAYES: Dr. Lipman, you're not sure, are you? You don't really even know where that information came from, do you?

SUZANNE MAYES: And according to you, his reliability for self-reporting isn't something that you consider, is it?

ROBERT MADSEN: And I think it's been asked and answered.

THE COURT: It's been asked and answered.

ROBERT MADSEN: And we're beyond the scope.

THE COURT: It's been asked and answered. Sustained.

SUZANNE MAYES: Nothing further, Your Honor.

THE COURT: All right. You may step down.

JONATHAN LIPMAN: Thank you, Your Honor.

THE COURT: You're welcome. (Whereupon, the witness steps down from the witness stand).

ROBERT MADSEN: Judge, may I just renew something?

ROBERT MADSEN: I believe that Ms. Mayes, when she elicited information about the roadblock, that we believe that by asking those questions that she has, again, opened the door to the issue of the voluntariness of his statement. And we ask for permission to move back into that, call back law enforcement at the appropriate time, go into that voluntariness. We know that Your Honor's already ruled, but I think that we need to renew that.

THE COURT: I don't see how that door was opened and my ruling will remain consistent, but your objection's noted.

SUZANNE MAYES: Judge, we are going to replace Exhibit 197 with a clean copy. We can do that at the next opportunity.

THE COURT: We can do it right now. We're going to take a break. We've been here a long time.

(Whereupon, a short break was taken.)

THE COURT: Solicitor, we are going to do the two witnesses and go to lunch, come back and do the Jackson v. Denno hearing and bring the jury in behind them.

THE COURT: So they will have an extended lunch. Bring the jury in. (Whereupon, the jury came into open court at approximately 11:20 a.m.)

THE COURT: All right, folks. I hope you all had a good evening. Everybody good? Sorry for the delay. If I explained to you what we did, it'll make sense, but anybody have any issues? Anything happen at home that we need to bring up and discuss? Everybody still following my -- your oath? Yes? Good. All right. What happened this morning was, I had to take up a matter regarding a witness to be called later, but he couldn't come later. So he was videoed and we just made about an hour long, short on that. So you all will hear the testimony later. It's not easy -- it's easier to piece it together in proper order. And so, the testimony has been preserved on audio/video provided by our friends in the back. So you all will get to hear it. Just later on. All right. Now, we've got two other witnesses who have travel restrictions and they need to be going. So we're going to hear them. Then, we're going to take a lunch break, come back after lunch and keep going. Okay? All right. Call your witness, please.

SHAWN GRAHAM: The State calls Cynthia Bobe.

Continue to next page2.Cynthia Bobe — Direct/Cross