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2019 Murder TrialtranscripttranscriptBeverly Wood — Direct/Cross/Redirect - Day 23 - 2019 Murder TrialDr. Beverly Wood testified about her prison treatment of Tim Jones, a working schizo-affective disorder diagnosis, and the limits of her opinion about his mental state in 2014.
Suzanne MayesBoyd YoungEugene C. Griffith, Jr.Beverly WoodTHE COURTMr. YoungCourt ClerkBeverly WoodMs. Mayesproceduraldirectcrossredirect
4 pages·2 witnesses·1,694 lines
Defense psychiatrists testified about diagnoses and criminal-responsibility opinions before the defense rested; the court denied a mistrial and directed-verdict request.
ProceduralProc.Morning Session Opening

May 31, 2019

THE COURT: Are we ready?

MR. YOUNG: Yes, sir.

THE COURT: Bring in the jury.

(Whereupon, the jury came into open court at approximately 9:00 a.m.)

THE COURT: Mr. Young, call your witness.

MR. YOUNG: The Defense calls Beverly Wood.

DirectDirectBeverly Wood — Direct Beverly Wood Boyd Young

BEVERLY WOOD, being first duly sworn, testified as follows:

COURT CLERK: Have a seat, please, ma'am. Once you're seated, state your full name, spelling your last.

1034:25

BEVERLY WOOD: Beverly N. Wood, W-O-O-D.

DIRECT EXAMINATION BY MR. YOUNG:

1234:32

MR. YOUNG: Dr. Wood, where are you employed?

1334:35

BEVERLY WOOD: I'm employed by the South Carolina Department of Corrections.

1434:39

MR. YOUNG: And how long have you been there?

1534:41

BEVERLY WOOD: Thirteen years.

1634:42

MR. YOUNG: And what is it that you do?

1734:44

BEVERLY WOOD: I'm the chief of psychiatry there, but I also have a case load and I manage all the psychiatric services for the Department of Corrections.

1834:53

MR. YOUNG: And can you tell the jury a little bit about your educational experience and background?

1934:57

BEVERLY WOOD: Yes. I went to undergraduate school at Virginia Tech. I went to medical school at Virginia Commonwealth University, the Medical College of Virginia in Richmond, Virginia. I did my psychiatry residency at Penn State University's medical school, which is in Hershey, Pennsylvania. And I also did Fellowship in child psychiatry, but I didn't actually work in child psychiatry. I worked two years for the Pennsylvania Department of Mental Health. Then I came to South Carolina in 1991 and I worked for the South Carolina Department of Mental Health until 2006, when I came to the Department of Corrections to be the chief psychiatrist, and I've been there since that time.

2035:46

MR. YOUNG: Your Honor, at this time, the Defense would move that Dr. Wood be declared as an expert in psychiatry.

2135:53

THE COURT: Any voir dire?

2235:55

MS. MAYES: Limited to psychiatry, Your Honor.

2335:58

THE COURT: Very well. Dr. Wood is offered for your consideration of opinions in the field of psychiatry.

2436:05

MR. YOUNG: Thank you.

2536:06

MR. YOUNG: Dr. Wood, can you tell the jury a little bit about how you became involved with Tim Jones?

2636:14

BEVERLY WOOD: Yes. I happened to be covering the unit that he first resided in. That was one of my areas of responsibility when he came to the Department of Corrections, so I -- he came as a pretrial detainee. Sometimes we get people that haven't been to trial yet. Most of our inmates have already been to trial. We get a few that haven't. And I evaluated him and treated him. And then when he was moved to another campus, I also -- that's one of the campuses I covered, so I continued treating him. So I treated him during his entire stay with the Department of Corrections.

2736:56

MR. YOUNG: And do you know the dates for that entire stay at the Department of Corrections?

2837:00

BEVERLY WOOD: He came September of 2014, I think, the 12th -- I'm not sure of the day. September 2014, and the last time I saw him was in December of 2018. Because I don't know the exact date that he came back to Lexington County, but that was the last time I saw him was in December.

2937:21

MR. YOUNG: And if Dr. Frierson had testified that the dates were September 12th, 2014, to May 9th, 2017, that he was at Kirkland and May 9th, '17, to January the 23rd, that he was at Lee, do those dates sound right?

3037:39

BEVERLY WOOD: Probably.

3137:43

MR. YOUNG: So when you first saw Tim, can you tell me -- tell us how that went? What was that about? What was he like?

3237:52

BEVERLY WOOD: I first saw him, basically, to obtain history and figure out what's going on. People don't generally come to us with any information, so we just interview them and try to get as much information as we can, which is what I did. And -- you want me to talk about the actual interview, is that what you want me to talk about?

3338:16

MR. YOUNG: Yes, ma'am.

3438:17

BEVERLY WOOD: Okay. He gave me a history of -- family history of schizophrenia, said his mother had suffered from schizophrenia. He said that he had started hearing voices, I think, around age 12, I think is what he said. He had a head injury in an automobile accident. That was in his teens, I don't remember the exact age. I think he told me he started using drugs around age 15, started with alcohol, progressed. Used a variety of drugs, marijuana, synthetic marijuanas, cough syrup. Had used cocaine, occasional Ectasy, I think he said.

3539:06

MR. YOUNG: So did you obtain a history of his drug use? Did he tell you about that?

3639:10

BEVERLY WOOD: Well, yes, he told me what he had used and -- I mean, I didn't get information about how many times a day and that type of thing in that initial, but he did give me extensive use of drugs. I think he said cocaine was his drug of choice, but I don't think that was the one he used the most though.

3739:35

MR. YOUNG: Did he tell you about the use of synthetic cannabinoid?

3839:38

BEVERLY WOOD: He told me he had used synthetic, yes, he did tell me that.

3939:42

MR. YOUNG: And at that time, did you start a working diagnosis? What did you do?

4039:48

BEVERLY WOOD: Well, I mean, based on his mental status exam about the voices he said he heard. He said he saw more like strange things. Sometimes when he looked at the walls, he would see like shapes or movement, sometimes faces. He had been depressed. He said -- I guess, he was kind of a loner, I gathered, for most of his life. He liked to do things fast and I think he said he ran wide open sometimes, had been depressed sometimes. So I thought there was a psychotic component with the voices. He also expressed a little paranoia. And I thought there was an affective component because there were some bits of maybe hypomanic or manic behavior, although he did not give me a history of a full blown manic episode, and some depression. So my working diagnosis that I gave him at that time was schizo-affective disorder, although there was also a history of substance abuse. And I had to rule out personality disorder because he said he had been in trouble some in his youth, so that was a rule out, too, that I put in there.

4141:14

MR. YOUNG: Did you originally start out as psychosis not otherwise specified?

4241:19

BEVERLY WOOD: Probably, yes.

4341:20

MR. YOUNG: And did you start him on any medications?

4441:22

BEVERLY WOOD: Yes, Geodon, which is an antipsychotic that's also a mood stabilizer.

4541:29

MR. YOUNG: Now, with Geodon, can you tell us, like, how that's taken and how it's absorbed in the body? Are there any special requirements when --

4641:35

BEVERLY WOOD: Yeah, you have to have food in your stomach, at least, about 360 calories in order for it to be effective, which is a little bit of a challenge within the Department of Corrections to time it with food. I mean, we're supposed to be getting snacks, but that doesn't always work out. But I like to use it because it is a good mood stabilizer and then antipsychotic and the side effect profile is pretty good. I mean, it's -- generally, people maybe get a little tremor, but the side effects are not usually as severe as with the older antipsychotics. And we have a list of preferred antipsychotics that we're supposed to use, you know, it's called a formulary, within the Department of Corrections, so we try to stick to that whenever possible. So Geodon is one that I like to start with because people usually tolerate it pretty well and it's usually fairly effective.

4742:31

MR. YOUNG: Now, do you -- like, how did he respond to the Geodon?

4842:38

BEVERLY WOOD: Well, I had to keep increasing the dose with him. I mean, he did respond. He said he felt better. We didn't completely get rid -- it took a while to completely get rid of the voices and we mostly got rid of the permutations or -- that's what he called them sometimes, the things he would see. But, again, it was -- so he used a much higher dose than I usually used. I tried to change -- he did have a little tremor, so I gave him Propranolol, which is treatment for tremors of antipsychotics. We tried to switch to Fluphenazine or Prolixin, which is an older, since we were getting so high with the Geodon dose. That was helping him, but then we weren't able to obtain it from the manufacturer because they weren't making enough. It just wasn't available, the tablets. We used the liquid for a little while because we could get that and then that became unavailable, so we had to go back to just the Geodon. And then I think by the end, we had added Perphenazine or Trilafon, which is another antipsychotic. So we were trying to not be on so much Geodon. But throughout with the Geodon, we had trouble with the food, you know. I mean, for a while, I was able to get him Ensure or Boost and then we weren't able to do that. And they were supposed to start bringing snacks and that worked better in some locations than others.

4944:17

MR. YOUNG: At the Department of Corrections, on the weekends, do prisoners get lunches?

5044:23

BEVERLY WOOD: They get two meals a day on weekends. That's why it's important to get the snacks. But the meds are mostly twice a day throughout -- with the exception of a few special programs, the meds are twice a day. But on the weekends, they don't coincide with mealtime because they get a brunch and a dinner on weekends. So that's another challenge there.

5144:47

MR. YOUNG: I'm going to show you one of your notes from October 2nd, 2014. This would be a couple weeks after he had been on the Geodon?

5245:08

BEVERLY WOOD: Yeah. Then he says something doesn't feel right.

5345:14

MR. YOUNG: And --

5445:15

BEVERLY WOOD: That the voices had decreased, but he wasn't completely adjusted to the medication.

5545:24

MR. YOUNG: How did he feel now that the voices were decreased?

5645:27

BEVERLY WOOD: Well, I think he certainly liked that the voices were decreased because I know later, when we were on a really high dose and were trying to decrease it, he said the voices have returned. And I remember him telling me I'd rather have brain fog than hear voices. Because sometimes, if you're on a lot of antipsychotic, the guys do tell me it's like thinking through a fog or something. And he did tell me that at one time, that he would rather have that than hear the voices.

5745:59

MR. YOUNG: Now, did you consider the possibility that he was faking?

5846:02

BEVERLY WOOD: Well, in that locale, I consider that with everybody because we do have a number of people that do fake for various reasons, to get in special programs or just for a variety of reasons. However, I never saw anything in his behavior that would confirm that or make me think that he was faking. I can't imagine somebody would -- generally, people that are faking don't ever make it to the doses of medication that he's on. You're either going to tell me yeah, that dose stopped or they're going to ask me for something or try to flatter me or intimidate me to get me to do something that they want done. There's just a lot of things that people that try to manipulate us do, and that happens a lot. That never happened with him. He never asked me to do anything or did any of those things. And he would tell me if the medicine was working or wasn't working. He never suggested that I give him one of the medicines that they can sell on the black market or anything like that. So I did not -- although I entertained it, I never felt that he was trying to manipulate me. And none of the staff ever told me they felt like he was trying to manipulate them either.

5947:21

MR. YOUNG: Is that something -- like, I feel strange now that I don't have these voices, is that something that somebody would say if they're trying to manipulate you?

6047:33

BEVERLY WOOD: I've not had anybody say that that was trying to manipulate me.

6147:41

MR. YOUNG: At some point in time, you changed your diagnosis to schizo-effective disorder, is that right?

6247:48

BEVERLY WOOD: Yes. Because I thought there was an affective component because sometimes he's had the pressured speech. And again, I never saw a full blown manic attack. You can -- some people with mania are happy and some get agitated. So, I mean, he did have described periods of agitation, which could be consistent with that. And diagnoses in psychiatry are not as clear cut, it's not as easy as it is in other forms of medicine. There's nothing I can measure like a blood pressure or culture for a bacteria because a lot of the criteria of the diagnoses overlap and a lot of it's based upon the psychiatrist or the person treating or interviewing. So that's a big criticism, I guess, with the DSM-5 and it takes years for them to come up with new books because there's so much controversy.

6348:47

MR. YOUNG: Now, on October the 9th of 2014, did you add Prozac to his --

6448:58

BEVERLY WOOD: I added it at one point in time. I don't know if that was the exact date, but I did add Prozac when he said he was depressed, yes.

6549:06

MR. YOUNG: Now, had he already told you that the voices were starting to go away by the time you added the Prozac?

6649:13

BEVERLY WOOD: I don't know. I don't know for sure. But it's not unusual if someone is hearing voices and depressed that I would use an antidepressant and an antipsychotic. Although Geodon is a mood stabilizer, it's not a great, by itself, antidepressant.

6749:31

MR. YOUNG: At some point in time, did you discontinue the Prozac?

6849:35

BEVERLY WOOD: Yes. He hadn't -- we were switching to a new medical record system, not all the medication orders were going through, so there was a problem for a little while. I think he was without the Prozac and he said he didn't feel any different without it than he did with it and he didn't see a need to continue it. So I was okay with that.

6949:58

MR. YOUNG: Did he continue to be stable for about a year after you discontinued the Prozac?

7050:03

BEVERLY WOOD: There was a long period of time that when he would rate his mood, I think when the counselor went by regularly, and he would say he was eight out of ten. He was okay. So, I mean, there was a period of time that he was doing fairly well, yes.

7150:37

MR. YOUNG: Let me skip ahead to August 28th of 2015. That would be the anniversary of the children's deaths. Do you recall that day?

7250:53

BEVERLY WOOD: I know that I wasn't present when it happened, but he had made a suicidal gesture or attempt. Some rules had been, I guess, enforced in a program he was in that are usually -- had been enforced in the lockup units, which is that when medication is distributed -- because they have -- it's done through the door, they have to stand at the back of the room because, in some units, people would throw things on the nurses or grab or do things. So they had him stand in the back of the room and medication was placed at the door flap. And, apparently, they implemented it in his unit, but they didn't tell people. And I think he thought that they were just doing that to him. And he got -- he didn't get his medication because he didn't stand in the back of the room for, I think, maybe a couple pill passes. And he made a suicidal gesture or attempt to hang himself. Like I said, I was not there. I did see the video later and I talked to him. He said he was angry. I mean, he had told, I think -- the counselor, I think, he had told that, you know, it was the anniversary of his children's death, but he didn't tell me that. Just was --

7352:26

MR. YOUNG: I'm going to show you another page of the records. And the records sort of go in reverse date order, is that right? You start at the bottom?

7452:37

BEVERLY WOOD: Yes, that's correct on this page.

7552:40

MR. YOUNG: Now, in the days leading up to the 28th, was he talking about his Geodon?

7652:47

BEVERLY WOOD: Yes, thought that it needed to be increased, this says. That was August 18. And we did increase it. And he said after the increase that he felt more angry, which sometimes, the restlessness, the side effect, akathisia, the movement can be an internal restlessness that people that interpret as anger. And -- I'm seeing if that's the day that I -- that's not the day that I started the Propranolol for the side effects. So I'm not sure why he was more angry, but it could have been more side effects or it could have been -- it could have been a lot of things. I don't know.

7753:49

MR. YOUNG: On the morning of August the 27th, 2015, is there a note about whether or not he got seen that morning?

7854:05

BEVERLY WOOD: Apparently, he was scheduled to be seen in psych clinic that day, but they were unable to pull him. There was not enough security staff available, so I was unable to see him that day. And then the nurse said that because he didn't go to the back of his cell, they listed that as refusal of medication. If you don't fully comply with their rules, that's counted as a refusal. And he did not receive medication.

7954:28

MR. YOUNG: And then on the morning of the 28th is when he tried to hang himself?

8054:33

BEVERLY WOOD: Yes, I think so.

8154:34

MR. YOUNG: And you watched the tape from the night before?

8254:39

BEVERLY WOOD: I did watch the tape.

8354:41

MR. YOUNG: And if you could tell the ladies and gentlemen about how his actions were the night before?

8454:47

BEVERLY WOOD: He was very restless. He kept moving around in the bed, getting up, lying down, getting up, lying down. I mean, he tied the sheet -- I think it was a sheet -- around his neck and then he untied it. I mean, it seemed there was some ambivalence about the whole thing. Finally, he did tie it and, eventually, the staff came and got him out.

8555:12

MR. YOUNG: With regard to your diagnosis of schizo-effective disorder, did you have evidence of symptoms of hallucinations?

8655:25

BEVERLY WOOD: He told me multiple times he hallucinated, yes, so I -- that was my evidence, was his word and I had no reason not to believe him.

8755:36

MR. YOUNG: And did you -- through medication, were you ultimately able to resolve the hallucinations?

8855:42

BEVERLY WOOD: Yes, the auditory hallucinations stopped with medication. Occasionally, I think he still had the permutations would come and go, things he would see, but the things he heard stopped.

8955:54

MR. YOUNG: Did you observe disorganized speech?

9055:59

BEVERLY WOOD: I wouldn't say it was disorganized. At times, it was strange and it wasn't -- his thoughts were jumbled back and forth between two topics, maybe, so more like flight of ideas I might call that. But if you separate those two things out, I guess they kind of made sense if you could keep up with several trains of thought at the same time. But he did have strange ideas. Like, one time, he was telling me about the way he saw his psyche in a triangle. It wasn't disorganized really, I understood what he was saying, but it was strange.

9156:43

MR. YOUNG: Did he talk about that he had three personalities in him?

9256:44

BEVERLY WOOD: Yes, that was part of that, yes.

9356:50

MR. YOUNG: Would you consider that pressured speech?

9456:52

BEVERLY WOOD: He did have pressured speech several times, yes, that just -- I could hardly talk because he had to get it all out, you know.

9557:03

MR. YOUNG: Is that sort of a hallmark symptoms of schizophrenia?

9657:08

BEVERLY WOOD: More of an affective component. More on the -- that would be leaning more toward like bipolar, maybe. Again, I never -- I have no documentation he ever had a full blown manic episode, but like hypomania.

9757:25

MR. YOUNG: Is that why you said schizo-affective?

9857:28

BEVERLY WOOD: Yes, because of the affective components with the depression and the pressured speech and the agitation, that could have been that.

9957:41

MR. YOUNG: Did you observe negative symptoms?

10057:44

BEVERLY WOOD: Absolutely. I mean, I cared more about his hygiene and whether they gave him clean uniforms or he got a shave or a haircut than he did. He didn't really -- those things weren't important to him for a lot of time. And I'd have to go get the officer and say, you've got to get a clean uniform, you know. Because he didn't ask, he didn't really care. He's not a particularly talkative person, so, I mean, that may just be his personality structure that he doesn't talk a lot or explain a lot or anything, but there was paucity of speech a lot. But I'm not sure if that's just the way he is or that could also be a negative symptom.

10158:36

MR. YOUNG: Do you medicate people who you don't believe are sick?

10358:42

MR. YOUNG: In your opinion, is Tim Jones mentally ill?

10558:47

MR. YOUNG: Do you have any question about that?

10658:52

BEVERLY WOOD: No. No, I believe he's mentally ill.

10758:58

MR. YOUNG: Did I ask you to try and average out how many pills he was sort of taking?

10859:07

BEVERLY WOOD: You did. I can't remember -- I did it for you, but I don't remember the numbers. As we were changing medicines and trying to treat side effects, I mean, sometimes he was on a lot of medications. And the Department of Corrections doesn't always carry the highest strength available of some medications, so. Like, they make an 80 milligram Prozac, but we only carry 20, so -- 20 milligrams, if you want to give somebody 80, you've got to give them four pills. That's part of the problem. At Kirkland, one of the times he was on the most pills, he was taking ten in the morning and eight in the evening, that was April of 2017. And when he was at Lee, which was toward the end, he was taking three pills in the morning and five pills in the evening.

1091:00:08

MR. YOUNG: It was three in the morning?

1101:00:17

BEVERLY WOOD: And five in the evening.

1111:00:25

MR. YOUNG: And that was until he left your care to go to the Lexington Detention Center?

1121:00:28

BEVERLY WOOD: Yes, that's what he was on at the end of when I was seeing him, eight a day, yes.

1131:00:35

MR. YOUNG: Now, have you seen people on spice, on synthetic cannabinoids?

1141:00:46

BEVERLY WOOD: I've seen a number of our inmates on synthetic marijuanas. So, I mean, usually, we call it K2 and they all -- there's a lot of variability in the synthetic marijuanas because we don't know what they add into it, yes.

1151:01:06

MR. YOUNG: And have you treated people that were on --

1161:01:09
1171:01:09

MR. YOUNG: -- the K2 or the spice?

1181:01:11
1191:01:13

MR. YOUNG: Have you treated them with antipsychotic symptoms?

1201:01:16
1211:01:17

MR. YOUNG: Do you -- do they require -- how long do you treat them?

1221:01:22

BEVERLY WOOD: Well, generally, they're better within a few days. Those that have underlying psychotic disorders sometimes take a few months to get better.

1231:01:39

MR. YOUNG: Is Tim's condition a result of spice or is he mentally ill?

1241:01:45

MS. MAYES: Objection, Your Honor, outside the scope.

1251:01:50

THE COURT: Rephrase that and stay within the scope.

1261:01:57

MR. YOUNG: In your opinion, after having treated people for spice and treated people with mental illness and spice and treated people with mental illness, can you tell us what Tim's condition is in your opinion?

1271:02:11

BEVERLY WOOD: I believe he has an underlying mental illness. It could have been exacerbated with his drug usage. I mean, certainly, he used drugs. That could change your brain's chemistry.

1281:02:25

MR. YOUNG: Does that make him not mentally ill now?

1291:02:26

BEVERLY WOOD: I think he still has -- the last time I saw him, I thought he still had an underlying mental illness and it's one that would not go away, so I would assume he's still mentally ill now.

MR. YOUNG: Beg the Court's indulgence.

1311:02:57

MR. YOUNG: Do you know about how many times you met with Tim?

1321:03:02

BEVERLY WOOD: I do not. I saw him consistently for a little over four years. In the beginning, I probably saw him every other week, sometimes every week, depending on how things were going with him. His level of care when he was at Lee was outpatient mental health. Our policy requires us to see people on medication or outpatient mental health, at least, every three months. So, I mean, it went from more frequently to less frequently. And at Lee, it's a lot more difficult to get people pulled to be seen. So I didn't count the number of times, but I saw him a number of times. And I can't -- I didn't count them, I'm sorry, I don't know how many.

1331:03:48

MR. YOUNG: And could you estimate like how many hours over those four years you spent with him?

1341:03:55

BEVERLY WOOD: A lot. I don't know, a lot, though.

1351:04:00

MR. YOUNG: Thank you, Dr. Wood. Please answer any questions the State has.

CrossCrossBeverly Wood — Cross Beverly Wood Suzanne Mayes

CROSS-EXAMINATION BY MS. MAYES:

1371:04:01

MS. MAYES: Good morning, Dr. Wood.

1381:04:06

BEVERLY WOOD: Good morning.

1391:04:07

MS. MAYES: And I think when we spoke before, one of the things you indicated is that you're actually eligible for retirement. You've been a state employee for over 28 years?

1401:04:18

BEVERLY WOOD: Yes. You guys pointed that out to me and I told you I like my job, so, yes.

1411:04:23

MS. MAYES: And that's one of the reasons you're still doing what you do, because you like working with inmates?

1421:04:29
1431:04:30

MS. MAYES: And Dr. Wood, just to clarify how your role is different than a forensic psychiatrist, for example, your role is to determine what issues an inmate may have once they're in the Department of Corrections, correct?

1441:04:44

BEVERLY WOOD: That is correct. I don't -- we don't have a lot of pretrial detainees, but for those we do, I don't talk to them about their crime unless it involves their current treatment, something from it. So, I mean, that's not my role is to deal with the crime, but to deal with the symptoms and treatment, that is correct.

1451:05:02

MS. MAYES: Treating the inmates for any symptoms that they describe once they're actually incarcerated?

1461:05:07

BEVERLY WOOD: That is correct.

1471:05:08

MS. MAYES: And a forensic psychiatrist, and just to clarify, that's a separate form of board certification within the field of psychiatry, correct?

1481:05:18

BEVERLY WOOD: Right. That's in -- I mentioned that I did additional training in child psychiatry, but I chose not to work with children. They do additional training in forensic psychiatry, so.

1491:05:29

MS. MAYES: And then the forensic psychiatrist would have the job of actually reviewing materials related to the crime to render an opinion about whether or not someone is criminally responsible or knew right from wrong at the time they committed their crime, right?

1501:05:42

BEVERLY WOOD: That's correct.

1511:05:43

MS. MAYES: And that is a separate type of field than what you do?

1521:05:46

BEVERLY WOOD: That is correct.

1531:05:47

MS. MAYES: And so to clarify, you are not here to give any opinion whatsoever as to his state of mind on the night of August 28th, 2014, correct?

1541:05:56

BEVERLY WOOD: That is correct. I didn't talk to him about his state of mind that day.

1551:06:04

MS. MAYES: So part of your role in treating an inmate is you meet with them and you access whatever symptoms they're describing to you at the time?

1561:06:15
1571:06:16

MS. MAYES: And, of course, you're looking for signs of or behavioral symptoms that may correlate with that, but you're also interested in obtaining that history from the patient?

1581:06:26
1591:06:26

MS. MAYES: And I believe your words on direct examination were as it relates to Mr. Jones, you said he told me and my evidence was his word. And that's regarding --

1601:06:38

BEVERLY WOOD: For most of his history, yes.

1611:06:41

MS. MAYES: That would be his history of voices, his history of hallucinations, things of that nature, correct?

1621:06:49

BEVERLY WOOD: Yes, that is correct. I mean, it's -- with hallucinations, you pretty much always have to take someone's word. You're correct, yes.

1631:06:59

MS. MAYES: And then leading up to the trial of this case, one of the people that met with you and another one of his providers, and if you can just inform us, who is Jim Page?

1641:07:12

BEVERLY WOOD: He is a clinical counselor that works with me and that saw Mr. Jones sometimes with me or independently.

1651:07:21

MS. MAYES: All right. And then who is Tashiro Inabinet?

1661:07:25

BEVERLY WOOD: Mr. Inabinet was the -- he's now associate warden at Evans, but at that time, he was the counselor in charge of the unit at Kirkland that Mr. Jones was assigned to. And he made regular rounds and saw -- saw the guys on a regular basis. Made daily rounds and I think he made weekly notes of how they were doing.

1671:07:47

MS. MAYES: All right. So the treatment plan for an inmate isn't limited just to you, but you actually have other staff members who are seeing him on a regular basis as well?

1681:07:55

BEVERLY WOOD: That is correct.

1691:07:56

MS. MAYES: And everybody makes notes and you, as one of the treatment providers, have access to those notes and review those notes and take all of that into consideration in your treatment, correct?

1701:08:07

BEVERLY WOOD: Yes. I review some of the notes. Now, I don't read all of the group notes. Of course, I don't -- he wasn't allowed to be in groups because he can't mix with the other inmates. But, in general, yes, I review a lot of the notes, not all of them.

1711:08:19

MS. MAYES: All right. And then you and Jim Page, who you've just told us about, in leading up to this trial, one of the things y'all did is y'all sat down and met with the court-appointed forensic psychiatrist, Dr. Richard Frierson, correct?

1721:08:31

BEVERLY WOOD: Yes, he did meet with us.

1731:08:32

MS. MAYES: And you're familiar with Dr. Richard Frierson just from years of doing the psychiatry work that you do?

1741:08:38

BEVERLY WOOD: That is correct.

1751:08:39

MS. MAYES: I'm sure it wasn't the first time you'd met with him about an inmate?

1761:08:41

BEVERLY WOOD: No, we see him a lot.

1771:08:44

MS. MAYES: And so when you guys sat down and met with Dr. Frierson, one of the things that was indicated that you -- you had not seen Mr. Jones display disorganized thinking or behavior, does that sound correct?

1781:09:05

BEVERLY WOOD: That's correct. I never saw him totally lose it and have disorganized behavior. I did not see that.

1791:09:17

MS. MAYES: Another thing that was noted is that where Mr. Inabinet is concerned, and I believe you told us just a few moments ago who he is and how he plays a role in the treatment plan, that he reported that although Mr. Jones complained of hearing voices, he was never observed to be responding to the stimuli one would expect with hallucinations. Are you familiar with that notation by Dr -- or by Mr. Inabinet?

1801:09:46

BEVERLY WOOD: I don't recall seeing it. Not all the people that hallucinate respond. Mr -- I mean, I never saw him respond either, but a lot of them do not. And he was on medication every time I saw him except the very first time, so. But that's true, I never saw him respond to.

1811:10:07

MS. MAYES: So in addition to the notes of Mr. Inabinet, you would also agree that you never observed the Defendant responding to any internal stimuli as if one were hallucinating?

1821:10:19

BEVERLY WOOD: Not everybody that I see that hallucinates actually responds to them, so I wouldn't say that discounts it, but I never witnessed that with him.

1831:10:34

MS. MAYES: And I believe another thing you testified to on direct examination was about malingering. And you said that you, yourself, had not seen any signs of malingering?

1841:10:42

BEVERLY WOOD: That's correct.

1851:10:43

MS. MAYES: Then I believe you also said that you weren't aware that the staff had observed that either?

1861:10:48

BEVERLY WOOD: That is correct.

1871:10:49

MS. MAYES: Are you aware of a notation that is in his chart and in his records from August 28th, 2015, from the treating nurse, Justin Gudvangen that what he was reporting about hearing voices --

1881:11:06

MR. YOUNG: I'm going to object to hearsay.

1891:11:07

MS. MAYES: It's underlying data, Your Honor. I can rephrase that.

1901:11:11

THE COURT: All right. Rephrase.

1911:11:13

MS. MAYES: I believe that was discussed in your meeting with Dr. Frierson, wasn't it, Dr. Wood?

1921:11:20

BEVERLY WOOD: I discussed in a meeting with someone. Mr. Gudvangen was the HCA, the head nurse, at that unit. He didn't actually come up there very often, so I don't know where he got the information for his note. I did discuss that note with him afterwards because I was concerned about why he would say that, so.

1931:11:53

MS. MAYES: Okay. And that note, specifically, in the chart is a notation regarding malingering and manipulating behaviors, correct?

1941:12:03

BEVERLY WOOD: That's what Mr. Gudvangen said.

1951:12:05

MS. MAYES: And, specifically, was because he had missed a dosage of Geodon and then immediately reported hearing voices. And according to the notation, he would not have experienced that after having missed just one dosage of Geodon, correct?

1961:12:21

BEVERLY WOOD: I wouldn't expect full fledged voices to return with missing one dose. I think it was two doses, but, anyway, I would not expect that. He did his Propranolol, I think, and I thought he might be experiencing withdrawal akathisia, the abnormal movements, internal restlessness is what I thought. But yes, I did not concur with Mr. Gudvangen's assessment and I don't know anyone else who did.

1971:12:48

MS. MAYES: All right. And I just wanted to clear that up because I think you had mentioned about staff had not observed that, but there was, in fact, a notation about that --

1981:12:55

BEVERLY WOOD: And he wasn't up there. I don't think he observed that either, but he came to that conclusion somehow.

1991:13:01

MS. MAYES: Okay. And then, Dr. Wood, I know you addressed that there were no symptoms of disorganized behavior, but you were asked on direct examination about disorganized thinking. And I believe you said that there were sometimes thoughts that were flights of things, correct?

2001:13:19

BEVERLY WOOD: Well, flight of ideas that he would be jumping from topic to topic and talking about strange things, but I didn't feel that it was disorganized. It made some sense to me.

2011:13:29

MS. MAYES: It made some sense because, ultimately, there would be some type of purpose behind the thought, correct?

2021:13:39

BEVERLY WOOD: He was explaining to me how he -- various things, yes.

2031:13:44

MS. MAYES: And are you aware of the note in his record from January 2015? I do believe it is also something that you discussed with Dr. Frierson. But in January 2015, he was noted to be angry. He struck a door with his fist. He was then treated for, I believe, some cuts to his hand. But he reported that there were people on the outside who were giving his wife a pity party. And that made him mad, didn't it?

2041:14:14

BEVERLY WOOD: I recall seeing that note. That's what the note says. I mean, he never told me about that, but there is a note that says that.

2051:14:21

MS. MAYES: All right. So that's not disorganized thinking, he's actually angry that people on the outside, on the street have sympathy for his wife, the mother of the five children that were killed, correct?

2061:14:35

BEVERLY WOOD: I mean, that's what he told the person, that's all I know.

2071:14:39

MS. MAYES: But you would agree that's not disorganized thinking?

2081:14:41

BEVERLY WOOD: That does not indicate disorganized thinking to me.

2091:14:55

MS. MAYES: And then on that same topic of disorganized thinking, there is also a notation in the record from May 21 of 2015, regarding homicidal ideations. Do you recall that?

2101:15:09

BEVERLY WOOD: No. That one, I do not recall.

2111:15:12

MS. MAYES: That would have been a notation made by Inabinet -- I'm sorry, by Page, who you mentioned earlier, that he reported homicidal ideations towards two people on the street. Wouldn't that be something that you would have taken into account and wanted to address during his treatment?

2121:15:37

BEVERLY WOOD: Every time I saw him, I asked him about homicidal ideation and I don't think he ever acknowledged that to me.

2131:15:46

MS. MAYES: But, again, that, in and of itself, does not represent disorganized thinking, does it? There would be a purpose or a reason behind that, correct?

2141:15:54

BEVERLY WOOD: That particular statement by itself, taking out of context would not indicate disorganized thinking.

2151:16:03

MS. MAYES: And then, Dr. Wood, about the Geodon, I just want to ask you a few questions about that because you were the prescribing physician on that. And, of course, those Geodon levels increased over the course of time?

2161:16:14
2171:16:16

MS. MAYES: But Geodon can result in cognitive impairment, depending on the dosages, correct?

2181:16:23

BEVERLY WOOD: That is correct.

2191:16:24

MS. MAYES: And I'm going to show you what is State's Exhibit 196, being a publication from Pfizer, specifically, about the side effects associated with Geodon. And then, also, State's 195, which would be his prescription history for that drug?

2201:16:52
2211:16:53

MS. MAYES: So cognitive impairment is one of the side effects that goes along with that, correct, can be?

2221:17:01

BEVERLY WOOD: It can be, yes.

2231:17:02

MS. MAYES: And in his case, I believe, there were notations in his record about experiencing brain fog. I believe that was the word used in his chart. You are familiar with that?

2241:17:11

BEVERLY WOOD: Yes, he did describe that to me at one point in time.

2251:17:15

MS. MAYES: So he was experiencing some type of side effect from the Geodon, which would be a normal reaction, correct?

2261:17:21

BEVERLY WOOD: For some people, yes.

2271:17:24

MS. MAYES: And another one of those warnings that goes along with a drug like Geodon is that you're not supposed to drive, use heavy equipment, depending on the dosage, correct?

2281:17:34
2291:17:35

MS. MAYES: So one would expect that you wouldn't want to conduct psychological testing if there are large doses of Geodon being prescribed, correct?

2301:17:47

BEVERLY WOOD: We never did a level. And again, if you don't have food, it's like half as effective, so -- but if you have a high level, you are correct. So, I mean, I can't say for sure how much he actually absorbed.

2311:18:01

MS. MAYES: And it can also affect simple task, like the ability to stay on task or the ability to stay on track, correct, in communications, things of that nature?

2321:18:15

BEVERLY WOOD: It could cause sedation, which could affect that.

2331:18:19

MS. MAYES: And then some other possible reasons that Geodon would be prescribed to an inmate -- well, you've done your job so long and have treated so many inmates, can you tell us through your own experience as a psychiatrist some of the other conditions that you have prescribed Geodon for?

2341:18:41

BEVERLY WOOD: Generally, we prescribe Geodon as an antipsychotic for people that are out of touch with reality or hearing things or seeing things, or as a mood stabilizer.

2351:18:53

MS. MAYES: And when we talk about a mood stabilizer, I just want to follow-up on that because bipolar disorder on its own, even if someone isn't schizophrenic or schizo-affective, they just have a mood disorder, serious mood disorder, such as bipolar. Geodon is an accepted form of medication for that condition, correct?

2361:19:12

BEVERLY WOOD: Yes. Yes, it is.

2371:19:13

MS. MAYES: And there are certainly physicians that prescribe it just for bipolar disorder?

2381:19:17
2391:19:17

MS. MAYES: And is that something y'all have done there at the Department of Corrections as well?

2401:19:21

BEVERLY WOOD: Yes, we do.

2411:19:23

MS. MAYES: Another known use for Geodon could be if a patient is experiencing severe insomnia. Do you know whether the Department of Corrections has provided that for inmates who experience insomnia?

2421:19:36

BEVERLY WOOD: No, we don't. We have very strict guidelines on insomnia. We don't use Geodon for that.

2431:19:43

MS. MAYES: But it's acceptable just for a mood disorder in and of itself, correct?

2441:19:47

BEVERLY WOOD: That is correct.

2451:19:47

MS. MAYES: And regarding a mood disorder, that's actually one of the things that you discussed with Dr. Frierson when you met with him, correct?

2461:19:58

BEVERLY WOOD: Yes, that I think there was a mood component to his illness. Because you can have bipolar with psychosis, so you can have primarily bipolar and still hear voices or see things, yes.

2471:20:12

MS. MAYES: So you did testify a few moments ago that it's your opinion as a psychiatrist that there is an underlying mental illness. A mental illness can include a mood disorder, correct?

2481:20:26
2491:20:26

MS. MAYES: So you're not reaching an opinion beyond that at this point in time, are you?

2501:20:33

BEVERLY WOOD: No. I say he has a mental illness that has psychotic components and I think affective components as well. I don't think he neatly -- in my opinion, didn't fit in any of the boxes completely, yes.

2511:20:46

MS. MAYES: All right. Didn't fit in any particular box completely?

2521:20:49

BEVERLY WOOD: The diagnostic criteria, yes.

2531:20:52

MS. MAYES: And then part of what goes along with trying to fit someone in a box or reach an actual diagnosis pursuant to the DSM, we all rely on this, but one of the components that goes along with trying to fit someone in a specific box in accordance with the DSM would be to rule out substance abuse, correct?

2541:21:18

BEVERLY WOOD: Yes, that's generally --

2551:21:21

MS. MAYES: Because any underlying condition has to be explained that it's separate and apart from substance abuse, correct?

2561:21:30

BEVERLY WOOD: Yes, that's generally an exclusion for most of them.

2571:21:34

MS. MAYES: And as it relates to Mr. Jones, have you been provided his substance abuse records from Department of Corrections in Illinois?

2581:21:45
2591:21:53

MS. MAYES: So a history that included multiple occasions of LSD or acid use, a hallucinogenic, in his teens, that wouldn't have been provided to you?

2601:21:59

BEVERLY WOOD: No, we did not have those records.

2611:22:02

MS. MAYES: Or the heavy usage of crack cocaine, for example, around 2000, 2001, were you provided with that information?

2621:22:11

BEVERLY WOOD: Other than he told me cocaine was his drug of choice, no. We don't have the outside information. I mean, he did say he used a number of drugs. I'm pretty certain he did not use drugs during the four years he was SCDC, so whatever effects he had were permanent changes, which may -- you know, certain drugs can cause permanent brain changes.

2631:22:35

MS. MAYES: Well, and going back to the history that he's self-reporting to you about voices and hallucinations, crack cocaine when used at high levels can result in symptoms similar to psychosis, correct?

2641:22:46

BEVERLY WOOD: That is correct, but, again, he told me that the voices started before the drug use. So that is the information that I had.

2651:23:00

MS. MAYES: And then once he arrived in 2014 after his arrest for these crimes, he reported that he had been using spice, which is known --

2661:23:07

BEVERLY WOOD: Well, he said synthetic marijuana, yes.

2671:23:09

MS. MAYES: Known to contain an ingredient AB Pinaca, correct?

2681:23:12

BEVERLY WOOD: Different -- I mean, it contains lots of ingredients because you never know what people put in it, right.

2691:23:18

MS. MAYES: And as it relates to AB Pinaca, were you provided with specific information as to how often and how frequently he was using that up to the date of these crimes?

2701:23:29
2711:23:30

MS. MAYES: And were you provided information as to the known symptoms as side effects of AB Pinaca?

2721:23:35

BEVERLY WOOD: Just of general synthetic cannabinoids, not that particular one -- I mean, not one particular possible component, no.

2731:23:44

THE COURT: We need a five-minute break. So hold what you've got. You stay right there, Doctor. The jury is asking for a quick break, I'm going to give it to them. Don't talk about the case. See you back here in a few minutes.

(WHEREUPON, the jury was excused from the courtroom for a break.)

THE COURT: We will take a short break.

(WHEREUPON, a short break was taken.)

MR. YOUNG: We have a matter before the jury comes back in.

MR. YOUNG: Your Honor, Ms. Mayes has continued to refer to heavy crack use by the Defendant. That is not supported in anything the Defense has been provided or any records in discovery. These are misstatements of fact in front of the jury, which the prosecution has a duty to correct under the cases of State vs. Riddle, the Napue case and the special rule of prosecutors under 3.8 -- the rule of candor specific to prosecutors and the rules of professional conduct under 3.8. For the record, this cite is Riddle vs. Ozmint, 631 S.E.2d 70, and the Napue vs. Illinois, which is a United States Supreme Court case, 360 U.S. 264. It's the State's duty to correct those mistakes.

MS. MAYES: And, Your Honor, I would correct it by I believe she's already said that his drug of choice as described to her was cocaine. I would ask her if she's aware that when he was arrested in 2001, it involved a rock form of cocaine, which is crack cocaine. That would be --

THE COURT: I think the objection is you're saying heavy use rather than he used cocaine and reported to you that that was his drug of choice is more characteristic of the evidence presented rather than heavy use.

MR. YOUNG: Well, she's trying to paint this picture of somebody who's a crackhead and that's not true and it's not supported by any evidence. And it's the impression that she's created in front of the jury and the State has an obligation to correct it.

THE COURT: All right. So instructed. I will direct Ms. Mayes to use caution in her characterization. You ready to go? Everybody ready, bring them.

(Whereupon, the jury came into open court at approximately 10:06 a.m.)

THE COURT: All right. Ms. Mayes, you may continue.

MS. MAYES: Yes, sir, Your Honor. CONTINUE DIRECT EXAMINATION

BY MS. MAYES:

2881:39:12

MS. MAYES: And, Dr. Wood, I believe you were saying previously that you were not provided his records from his treatment within the Department of Corrections in Illinois, correct?

2891:39:23

BEVERLY WOOD: That is correct.

2901:39:24

MS. MAYES: Back in 2002. So with part of his drug history being the use -- self-reported use of acid and cocaine, but that was not information you would have had in making your assessment, correct?

2911:39:43

BEVERLY WOOD: Not their records, no. We did not have their records.

2921:39:45

MS. MAYES: And the fact that he was arrested in 2001, it would have been the rock form of cocaine or crack cocaine, that would not have been information that you had?

2931:39:53

BEVERLY WOOD: I did not have anything -- any information about 2001, no.

2941:39:57

MS. MAYES: But he reported that his drug of choice had been cocaine, at least, at some point prior in his life, correct?

2951:40:04

THE COURT: Mr. Young?

2961:40:05

MR. YOUNG: Your Honor, we would object. That's not a correction of false statement of heavy crack cocaine use.

2971:40:14

MS. MAYES: Let me ask you this way --

2981:40:19

THE COURT: Rephrase your question consistent with the evidence that's been presented.

2991:40:24

MS. MAYES: Doctor, you're familiar with him having used cocaine in his past, correct?

3001:40:28

BEVERLY WOOD: He did say that he had used cocaine in the past.

3011:40:31

MS. MAYES: And indicated to you that it was his drug of choice, correct?

3021:40:34

BEVERLY WOOD: That is correct. He said it was his drug of choice, but I don't think -- when he talked to me, that was not what he used most often, but it was his drug of choice.

3031:40:43

MS. MAYES: All right. And when he talked with you, what was it that he used most often?

3041:40:48

BEVERLY WOOD: The marijuana, maybe the synthetic marijuana as well, I don't recall.

3051:40:53

MS. MAYES: And I believe he reported that he had been using that throughout his life since a young teenager, correct?

3061:40:59

BEVERLY WOOD: Yes, he had started using it as a teenager.

3071:41:03

MS. MAYES: Now, Dr. Wood, in reaching a diagnosis under the Diagnostic and Statistical Manual of Mental Disorders, the DSM, it helps to have a clear picture of one's daily activities, correct?

3081:41:17
3091:41:18

MS. MAYES: In terms of what they're thinking, how they're behaving, anything along those lines, right?

3101:41:26

BEVERLY WOOD: It is -- yeah, it's helpful to observe them.

3111:41:30

MS. MAYES: And, Doctor, in modern society, a smart phone can be an essential tool in examining someone's daily activities, would you agree with that?

3121:41:39

BEVERLY WOOD: I'm not sure what you mean.

3131:41:41

MS. MAYES: Communications through text messages, that can be a reflection of one's thoughts and communications?

3141:41:49

BEVERLY WOOD: Yes, that can. Of course, he did not have a cell phone in -- while he was with us.

3151:41:56

MS. MAYES: And smart phones can contain one's internet search history, calendars, appointments, anything along those lines that go to show one's daily thoughts and behaviors, correct?

3161:42:09

MR. YOUNG: Object to relevance.

3171:42:11

THE COURT: Sustained. Move on.

3181:42:13

MS. MAYES: You didn't have any information, Dr. Wood, that had been provided to you regarding the extraction from the Defendant's phone up through August 28th, 2014, correct?

3191:42:24

BEVERLY WOOD: No, I did not have any information about his phone.

3201:42:27

MS. MAYES: And so the extraction was not provided to you by the Defense prior to them calling you as a witness today?

3211:42:36

BEVERLY WOOD: No, I did not see any information about his phone usage.

3221:42:42

MS. MAYES: And then in reaching your determination as to his current mental illness, I believe was your testimony on direct examination, were you provided any work performance records, evaluation reports, things of that nature to show how he was behaving and thinking leading up to his incarceration?

3231:43:04

BEVERLY WOOD: No, I had no records.

3241:43:06

MS. MAYES: Including work records?

3251:43:08

BEVERLY WOOD: I had no records of any kind.

3261:43:11

MS. MAYES: Thank you, Dr. Wood.

RedirectRedirectBeverly Wood — Redirect Beverly Wood Boyd Young

REDIRECT EXAMINATION BY MR. YOUNG:

3281:43:13

MR. YOUNG: Dr. Wood, are you being paid by anybody to be here?

3291:43:22

BEVERLY WOOD: No, sir.

3301:43:24

MR. YOUNG: You're just the treating psychiatrist for --

3311:43:28

BEVERLY WOOD: Just the treating psychiatrist, yes, sir.

3321:43:32

MR. YOUNG: Do you need to have disorganized thinking in order to be diagnosed with schizophrenia or schizo-affective disorder?

3331:43:42

BEVERLY WOOD: No. That's one of the list of criteria that you have to have, at least, two of, but you don't have to have that particular one, no.

3341:43:49

MR. YOUNG: Thank you, Dr. Wood.

3351:43:52

THE COURT: All right. You may step down. You're free to go.

3361:43:56

BEVERLY WOOD: Thank you.

3371:43:56

THE COURT: Mr. Young.

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