Ethan Hartley
Defense using semantic logic saying #PhilipChism didnt take Ritzer's credit cards "from her person" since it was in her bag in her classroom

State attorney David O'Sullivan says thats not an argument to avail #PhilipChism because he still took them from her vicinity using violence

Judge won't rule on robbery indictment today, needs to think about it.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Well, it appears official now #PhilipChism will not take the stand in his own defense.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

allison manning
Judge: "anyone would have to think that Ms. Ritzer was dead when she was in the recycle bin," but the med examiner couldn't say #PhilipChism

Julie Manganis
This discussion relates to whether jurors could find that Ritzer was killed while #PhilipChism committing a felony - the rape in the woods.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Julie Manganis
Prosecution will argue 3 theories of 1st degree murder - premeditation, extreme atrocity or cruelty and commission of a felony. #PhilipChism

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Julie Manganis
Defense will ask for jury to be able to consider lesser charges in robbery and murder counts. #PhilipChism

Lowy: there has to be second degree option. But he's not sure what lesser offense to robbery defense wants jury to consider. #PhilipChism

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Julie Manganis
The defense also wants "juvenile specific" instructions. #PhilipChism

DA argues that undercuts the whole basis for the legislature voting to try people 14-up as adults in murder cases. #PhilipChism

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Julie Manganis
This will be a complex set of instructions for jurors to follow when it's done. #PhilipChism


That is a shame because IMO Juries STRUGGLE following instructions as to law etc. Even when they ( in effect) make a correct decision there are signs that they still did not quite get it.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Philip Chism's Mother will NOT testify. Defense rests.
When Denise Regan announced next move in court she said "The Juvenile Rests".
Prosecution begins rebuttal.

And we have video.

Bob Ward Fox25@Bward3
DA calls Dr. Kelly Casey of Wm James College is Commonwealth's first rebuttal witness.

Dr. Casey: Before conducting Rorsach ink test on #PhilipChism interviewed him first. "He was open &cooperative"

Dr. Casey:#PhilipChism was shown 10 cards w/ink blots, ask what he sees. Test took 90 mins.

Dr. Casey: People his age tend to exaggerate. #PhilipChism did that a bit more. No sign of psychosis.

Dr. Casey: #PhilipChism has a fantasy life and may retreat to that. Seems to understand diff between reality and fantasy.

Dr. Casey: #PhilipChism did not get lost in fantasy world. Typical of teen his age.

Dr. Casey: He was under extreme stress. was guarded, anxious, hyper vigilant at time of test.

Direct of Dr. Casey is done. Denise Regan is crossing now.

Bob Ward Fox25@Bward3
Denise Regan: #PhilipChism was 16 when you tested him. That limited value of when he was 14 [time of murder]
Dr. Casey: correct.

Regan briefly displayed on Rorsach card w/what appeared to be a report on big screen. DA objects, b/c not evidence yet. Sidebar.

Dr. Casey recommended #PhilipChism be monitored for suicide. Based on depression findings in test, feelings of helplessness etc.

Regan: what he saw in the ink blot, you determined he was not psychotic, but impaired?
Dr. Casey: yes.

Dr. Casey is finished on the stand.

Bob Ward Fox25@Bward3
Dr Nancy Hebben is next rebuttal witness in #PhilipChism murder trial.

Dr. Hebben: was director of Neuro Psychology Dept at McLean, private hospital in Belmont. Is still an associate.

Dr. Hebben was asked to conduct neuro and psychological tests of #PhilipChism.

Dr. Hebben: It's very easy for person to feign mental illness. It's not observable to tell if someone is faking it.

Dr. Hebben We have tests to root that out. So we can trust test results. [two different validity tests]

Dr. Hebben: The MMPI test allows us to look at clinical symptoms of person and compare to ppl with doc psych illness.

Dr. Hebben: Person trying to deny criminal responsibility might try to exaggerate their symptoms.

Dr. Hebben: MMPI results for #PhilipChism suggested he was trying to fake data that he was severely mentally ill. Results invalid.

Dr. Hebben: Couldn't go forward w/test. B/c couldn't determine what was real on the test and what was not.

Jury is excused, but we are still in session.

#PhilipChism is challenging these [3] tests. Judge Lowy is hearing arguments on this now w/o jury present.

Dr. Hebben: MMPI showed malingering. Second test revealed "fake bad" and those told me to administer other tests for malingering. All tests showed evidence of faking bad, of malingering.

Regan now crossing Dr. Hebben without jury present.

Regan arguing tests are for adults. Dr. Hebben says M-FAST is valid for people ages 17 to 66. Dr. Hebben says symptoms of psychopathology do not change by age, so test is valid. Jury is still out, Lowy will decide if jurors can hear details of the SIRS and M-FAST tests. It is not going well for Regan.

Dr. Hebben leaving stand, I think she will be back. Both sides are making arguments to Judge Lowy.

Judge Lowy finds "gatekeeper reliability" has been satisfied "by preponderance of the evidence". He is citing much case law and being very specific [for the record] in his ruling. The jury WILL hear the results of the tests.

Sidebar and then 15 min. morning break. 10:44AM

Several in courtroom reporting: Prosecutor Kate MacDougall gets audibly angry w/Regan at recess about her intent to use raw test data in closing.

Correction: Regan will use raw test data in her cross NOT closing.

No video yet.

There's an issue that's arisen with Dr. Hebben's raw psychological data on #PhilipChism and defense desire to question her about it.

Lowy: "We are stuck in a catch 22". Raw data would also include statements of the defendant. The judge suggests one solution is giving DA time to prepare.

Lowy: The raw data can harm the treatment of hundreds of thousands of people in world, if read in open court with cameras in court.

Lowy to defense: I need to know what your questions are so I can make a ruling.

Regan wants to ask specific questions on raw data gathered in #PhilipChism psychological tests. 2 other rebuttal witnesses waiting. One question she plans to ask Dr. Hebben "undercuts" her credibility.

Judge Lowy is considering closing the courtroom to discuss raw data of psychological testing with Dr. Hebben done on #PhilipChism.

Court is in another recess.

Hi Molly... thanks for updates.... I am catching up as we speak

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

They are all worried about revealing test questions and so compromising the the tests for future use with patients.

I would be surprised if the questions are not already available online somewhere? Maybe not?

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Having studied these tests myself... I would be more worried about the Daft defense lawyer picking out questions and completely misunderstanding the question.. let alone the significance of the answer. YOU CANT DO THAT... you can not pick out seleced questions like that... the test is interpreted and ananalysed as a whole... and it takes a general as well as specific knowledge of some aspects of psychology to do that.
It would be bad enough giving daft lawyers summaries of trait results.. the statistical "raw data"... they would have no idea how to interpret that even!!!

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

'Morning, Rumpole.

It's ALL yours now ...

Lowy returns and Hebben returns to the witness stand.

Dr. Hebben says before purchasing testing materials, she signs a contract affirming that she will not disclose test information.

Defense wants to question Dr. Hebben about the MFast and SEARS tests.

Dr. Hebben says is raw data on tests gets out in general public it can invalidate tests.

Dr. Hebben: Says test questions must remain confidential.

Lowy: Just is asking his clerk to Google MFast questions to see if those questions are available.

Dr. Hebben: Leaking tests could invalidate their future use because a subject could use info to tailor their answers to questions

Dr. Hebben says it would be illegal to put materials on the Internet.

Judge Lowy: What happens in a situation when proceeding is closed? She hasn't had that situation.

Judge Lowy: says there's no reason to close the courtroom but media will be under order to not write about test questions/answers.

Live stream popped back up...

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Camera coverage as well as print media reporting.. ordered to not reveal raw test questions ( and answers)

Lowry holding off on formal motion.. giving lawyers for media time to come in and make submissions

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light