(Yosemite murders) Psychiatrist: says Stayner suffers from many mental illnesses
Patty
Stanford trained and spent 21 hours with Stayner, and reviewed a
two-foot stack of related records.
Psychiatrist: Yosemite killer has many signs of illness
BRIAN MELLEY, Associated Press Writer Monday, July 29, 2002
(07-29) 19:56 PDT SAN JOSE, Calif. (AP) --
Yosemite killer Cary Stayner has more than 20 signs of mental illness,
ranging from sexual fantasies with kids to depression to chronic hair
pulling, a psychiatrist testified Monday.
Stayner also showed signs of a narcissistic and schizoid personality,
was socially dysfunctional and abused marijuana, said Dr. Jose Arturo
Silva.
Silva was the first expert called by the defense to testify about
Stayner's mental condition, which is the basis for his insanity
defense in the killings of three Yosemite National Park tourists.
Silva said Stayner dreamed about watching neighborhood girls being
raped. In some scenarios, he rescued the girls. In others, he joined
the assailants.
"Those are fantasies because he is enjoying himself," Silva said.
"These things have been going on since he was very young. They have
been there ever since."
During the daylong testimony, Stayner appeared attentive at times,
slumped in his chair at other moments and plugged his ears as the
psychiatrist revealed painful secrets.
Silva spent more than 21 hours interviewing Stayner, reviewed over 400
documents and reports about him and interviewed his parents.
Stayner's family has a long history with mental illness, including
psychosis, depression and sexual perversion.
"A rather impressive history of psychiatric illnesses that goes back
two generations," Silva said. "It's impressive and sad to see that."
At this stage in the trial, Silva's testimony is aimed at showing
Stayner was too warped to develop the malice and intent required for a
first-degree murder conviction.
Stayner's lawyers say he killed Carole Sund, 42, her daughter, Juli,
15, and Silvina Pelosso, 16, because he could not control his inner
demons while the tourists were staying at the Yosemite-area lodge
where he worked as a handyman.
If convicted during this phase, the defense will then try to prove he
was he was innocent by reason of insanity, showing that Stayner either
didn't know he was killing at the time, or that he didn't know the
killings were wrong.
"It's an extremely difficult standard to meet," said Elizabeth Semel,
a law professor at the University of California, Berkeley. "It's
commonly called the 'wild beast' test."
Silva told jurors in Santa Clara Superior Court that Stayner has
always been a chronic hair puller, which is related to obsessive
compulsive and impulse control disorders.
"In the long run, in the natural history of the illness you are not
going to be able to stop yourself from doing this," Silva said.
California courts don't recognize the "irresistible impulse" as an
element of an insanity defense, so Stayner's hair-pulling is legally
relevant only as a symptom of his general mental illness, Semel added.
Except for a bald spot on the crown of his head and a slightly
receding hair line, the 40-year-old Stayner appears to have a full
head of hair.
Silva said there was little chance Stayner was faking his maladies. He
also diagnosed Stayner with a number of sexual and gender identity
disorders: pedophilia, sexual sadism and erectile dysfunction.
Stayner faces the death penalty if convicted. He is already serving a
life sentence without chance of parole after pleading guilty in
federal court to killing nature guide Joie Armstrong.
Defense lawyer Marcia Morrissey wants to present a confession by
another man once suspected in the triple-homicide, but Judge Thomas
Hastings said he was skeptical.
Morrissey said the confession of Eugene "Rufus" Dykes will help show
that Stayner's own confession was unbelievable. Morrissey would not
elaborate, but said outside court that there are inconsistencies in
Stayner's confession.
Dykes, was among a group of methamphetamine users that became the
focus of the FBI when the tourists disappeared from Cedar Lodge. He
said he falsely implicated himself in hopes of a break on unrelated
charges.
Hastings said he'll consider allowing the evidence later in the week.
++++++++++++++++++++++++++++++++++++++
Excerpt from Bay City News:
Following defense attorney Michael Burt's direct examination of Silva,
prosecutor George Williamson is expected to cross-examine Silva. A
number of attorneys from the Santa Clara County District Attorney's
Office attended the trial today to watch Williamson, who is considered
an expert in demolishing psychiatric testimony and mental illness
defenses.
Kris Baker
Patty wrote in message ...
>Now it's getting really interesting. From other reading, Silva is
>Stanford trained and spent 21 hours with Stayner, and reviewed a
>two-foot stack of related records.
>
>
>Psychiatrist: Yosemite killer has many signs of illness
>BRIAN MELLEY, Associated Press Writer Monday, July 29, 2002
>(07-29) 19:56 PDT SAN JOSE, Calif. (AP) --
>
>Yosemite killer Cary Stayner has more than 20 signs of mental illness,
>ranging from sexual fantasies with kids to depression to chronic hair
>pulling, a psychiatrist testified Monday.
Wow. *Twenty*, eh? Is this one of those "throw it all at the
wall, and see what sticks" defenses?
I imagine, with all the evidence against Stayner (including the
confession), that's about all they can do. I'm afraid, if I
were on the jury, this is when I'd get the giggles.
Kris
tiny dancer
"Patty" <eartha...@yahoo.com> wrote in message
news:f0e77308.02072...@posting.google.com...
Thanks for the updates Patty..........are they estimating how long the
defense will take?
td
Patty
YOSEMITE KILLER ON TRIAL
Mental illnesses, brain damage apparent in man, psychiatrist says
By Daniel Vasquez
San Jose Mercury News
Cary Stayner's childhood was filled with incest, molestation and the
seven-year abduction of his little brother by a sexual predator.
Compounding his problems, a forensic psychiatrist testified Monday,
the confessed Yosemite serial killer has suffered from brain damage
since birth and a host of severe mental illnesses. His troubles date
back to when he was a child in the Merced County town of Atwater,
pulling out globs of hair and hiding the bald spots with hats.
``I must say he ranks as one of the most amazing psychiatric histories
that I have ever seen in my lifetime,'' Dr. Jose Arturo Silva told the
jury at Stayner's triple-murder trial, ticking off a list of disorders
that Stayner allegedly suffers from: sexual sadism, psychosis,
paranoia, pedophilia and obsessive fantasies about raping young girls.
``It's impressive and sad.''
At times during the psychiatrist's day on the witness stand, Stayner
occasionally tugged at his hair, which Silva called a symptom of
obsessive-compulsive disorder.
But whether Stayner's mental problems could account for the killings
of three tourists in 1999 will be left for a Santa Clara County jury
to decide after the defense rests its case, possibly by the end of the
week.
Stayner has confessed to abducting and killing Eureka residents Carole
Sund, 42, her daughter, Juli, 15, and family friend Silvina Pelosso,
16, of Argentina.
Prosecutors are calling for the death penalty for the 40-year-old
former motel handyman, who has pleaded not guilty by reason of
insanity.
The jury must first decide whether Stayner is guilty of first-degree
murder before it decides whether he is legally insane during a second
phase of the trial.
Prosecutors rested their case last week and defense attorneys may wrap
up their case for the first phase of the trial as early as this week
-- unless they can persuade Santa Clara County Superior Court Judge
Thomas Hastings to delay the trial for weeks to accommodate expert
witnesses, a move they have tried repeatedly.
Sought mistrial
Marcia A. Morrissey, Stayner's lead attorney, asked the judge to
declare a mistrial on Monday because she said jurors were
inappropriately made aware that Stayner was convicted of killing
Yosemite naturalist Joie Armstrong, a crime that occurred five months
after the deaths of the Sunds and Silvina. He is serving life in
prison after pleading guilty.
Hastings denied the motion, saying jurors were properly admonished
about how to handle the information, not regarding it as a factor in
whether he killed the Yosemite tourists.
Witnesses delayed
Then Stayner's attorneys asked for a delay because two of their
privately hired mental health experts are busy with prior commitments.
The defense has previously sought to slow down the trial because they
were not prepared or a witness was not available.
``I know expert witnesses are busy,'' Hastings responded, as he had
done before. ``But we can't be held captive by them.''
Hastings is expected to rule today on whether the trial can be
delayed.
Silva's testimony introduced for the first time to jurors the legal
bottom line facing Stayner: Was he legally sane at the time of the
three slayings?
Silva originally was appointed by the court to evaluate Stayner but
has become a key defense witness. He stopped short of calling Stayner
a psychopath, explaining that he lacks a history of documented
behavioral problems, such as run-ins with police, as well as the savvy
to hide his crimes as so many psychopaths attempt to do.
The doctor pointed to the fact that while negotiating with the FBI for
a confession, Stayner made bizarre requests.
``Not only does he want to negotiate for better care in jail,'' Silva
said, ``but he also wants to have the FBI supply him with pornographic
images of children, something strongly reminiscent of the crime'' he
committed.
Stayner was not aware of the consequences associated with making the
requests, Silva testified.
Prosecutors are expected to get their first chance to cross-examine
Silva today.
Patty
With all the additional information and defense emphasis on mental
illness it might help later in the penalty phase whether he gets life
or death. Maybe that's all Morrissey is really doing by pleading him
insane during the murders, knows it's a long shot for insanity, but
maybe could later get life by bringing out all these additional facts.
Patty
Kris Baker
That'll only work, imo, if she manages to make Stayner a
sympathetic victim - which will be overshadowed by how
horrid his crimes were.
Kris
Starword
"Kris Baker" wrote:
> Patty wrote in message ...
> >Psychiatrist: Yosemite killer has many signs of illness
> >BRIAN MELLEY, Associated Press Writer Monday, July 29, 2002
> >(07-29) 19:56 PDT SAN JOSE, Calif. (AP) --
> >
> >Yosemite killer Cary Stayner has more than 20 signs of mental illness,
> >ranging from sexual fantasies with kids to depression to chronic hair
> >pulling, a psychiatrist testified Monday.
> (snip)
> Wow. *Twenty*, eh? Is this one of those "throw it all at the
> wall, and see what sticks" defenses?
>
> I imagine, with all the evidence against Stayner (including the
> confession), that's about all they can do. I'm afraid, if I
> were on the jury, this is when I'd get the giggles.
I know (except the crimes are too grisly and horrific to make anyone LOL).
That "driven uncontrollably to kill" argument could be made by any of these
sociopathic murderers. That doesn't constitute mental illness by the legal
standard of insanity. And how many of these types engage in fantasizing
about sex w/ children, or suffer from periods of depression? And hair
pulling?? Oh please!
I'd say you're right...defense knows they have nothing else, so why not try
anything, no matter how absurd or far-fetched? They must realize Stayner is
dead meat no matter what they do, so they probably figure let's put on a
show of putting up a reasonable defense so we can tell ourselves we tried
our best for our client, and no doubt they will sleep better at night too
knowing this guy will never see the light of day again.
NS
Patty
He describes a slew of disorders, from autism to voyeurism.
By Cyndee Fontana
The Fresno Bee
(Published Tuesday, July, 30, 2002, 10:31 AM)
SAN JOSE -- The compulsion rooted deep in childhood apparently is one
of Cary Stayner's enduring mental disorders.
From the witness stand Monday in Stayner's murder trial, Dr. Jose
Arturo Silva talked repeatedly about the compulsion -- clinically
known as trichotillomania -- that causes Stayner to pull out chunks of
his own hair, spending hours in the act or just in contemplation of
the idea.
Stayner was about 4 when the problem became obvious enough for his
mother to seek treatment for her son. But the medication was stopped,
and Stayner found his own fix: a baseball cap that hid the problem.
Yet Stayner had no option for disguise Monday as Silva spent the
entire day in complex and clinical dissection of his mental illnesses.
In far-ranging and lengthy answers, Silva described a stew of
disorders such as pedophilia, voyeurism, social dysfunction, violent
fantasies, mild autism and even a family tree laden with sexual abuse
and mental illness.
Citing reports that included pedophilia, obsessive-compulsive traits,
depression and exhibitionism, Silva called it "an amazing number of
instances of psychopathy in a family that encompasses a century." As
their client sat slumped in his chair, members of the defense team
tried to plant the seed that Stayner was so mentally ill that he
lacked the legal intent necessary to convict him of first-degree
murder in the slaying of three Yosemite tourists.
Stayner, 40, could face the death penalty if found guilty and sane in
the February 1999 slayings of Carole Sund, 42, her daughter Juli, 15,
and family friend Silvina Pelosso, 16.
He already is serving a life prison term, without the possibility of
parole, in the July 1999 murder of Joie Ruth Armstrong, 26. Though
Stayner has pleaded innocent by reason of insanity in the current
case, moved to Santa Clara County because of pretrial publicity, he
pleaded guilty to the Armstrong murder in federal court.
Silva, who seems to have become the defense team's star witness in the
guilt phase of the trial, returns to the stand today.
Prosecutors, who paint Stayner as a cold and calculating predator
partly with his own confession to the FBI, have not yet had a chance
to question Silva, who spent about 21 hours with Stayner and reviewed
a two-foot stack of records.
Silva already has solved one riddle: the defense team's introduction
of a tape-recording in which Stayner asks the FBI to trade kiddie porn
for his confession. Silva called it "amazing and shocking" -- and
symptomatic of mental illness -- that Stayner would try to barter for
the pornography along with reward money in the case.
It was part of Stayner's pervasive developmental disorder, Silva said:
"You don't go to the FBI ... and ask for pornographic films. It just
doesn't make sense from the perspective of someone socially savvy."
Stayner confessed to the FBI without receiving either the pornography
or money.
Throughout Monday's court session, Silva described Stayner as a man
with an array of mental disorders who has difficulty controlling his
impulses, such as hair-pulling and compulsive drawing.
Some of Stayner's troubles could be genetic or related to an accident
involving his mother shortly before his birth, Silva said. The doctor
also described a troubled family life for Stayner partly because his
younger brother, Steven, was abducted by a pedophile as a boy. Steven
Stayner was kidnapped while walking home from elementary school in
Merced; Cary Stayner was then about 11 years old.
Cary Stayner, Silva said, reacted by becoming more isolated and quiet.
Secretly, he wondered whether he somehow had caused his brother's
abduction because of his bad thoughts, Silva said. Steven Stayner
returned home in 1980, but was later killed in a motorcycle accident.
Since adolescence, Cary Stayner has experienced chronic fantasies of
rape involving young girls in which sometimes he was an observer,
sometimes a rescuer and sometimes a participant, Silva said. Stayner
also reportedly was sexually abused by a male relative.
Once Silva completes his testimony, the defense team is expected to
call at least one additional witness in this phase of the trial. Late
Monday, Judge Thomas C. Hastings denied a defense motion for mistrial
based on complaints about the jury-selection process.
Patty
Expert says man's family has multiple incidents of child abuse,
molestation
July 30, 2002
By LORI A. CARTER
THE PRESS DEMOCRAT (Santa Rosa CA)
Excerpt:
Stayner also had signs of a narcissistic and schizoid personalities
and was socially dysfunctional, Silva said. Stayner scored high on a
test ranking obsessive-compulsive disorders, but does not qualify as a
psychopath -- someone who lacks remorse, emotion or the ability to
empathize with others, Silva said.
Stayner's immediate and extended family is rife with psychological and
sexual disorders as well, Silva testified.
Steven Stayner, Cary's younger brother, was abducted at age 7 and
sexually abused by the kidnapper until he escaped seven years later in
1980 in Ukiah. One of Stayner's sisters accused their father of
molesting her, Silva said, and one said Steven later sexually abused
one of his own children. Cary Stayner said he was molested once by an
uncle at age 11.
snip
Stayner plugged his ears during much of the most sensitive testimony
about his family and at one point held a tissue to his face. None of
his family has been present during the trial.
Judge Thomas Hastings, meanwhile, denied a motion for a mistrial by
defense attorney Marcia Morrissey, who, citing a state Supreme Court
ruling last week, contended the defense was unconstitutionally
restricted in questioning prospective jurors about Armstrong's murder.
The judge said he would consider another defense motion seeking to
introduce evidence that there was another killer. Morrissey said
Eugene Dykes confessed, which she hopes would convince the jury to
disregard Stayner's statements as unreliable.
Patty
Psychiatrist testifies for defense
Stacy Finz,
San Francisco Chronicle Staff Writer
July 30, 2002
Excerpt:
Silva was ordered by the court in May to examine Stayner, who has
pleaded not guilty to the charges by reason of insanity. The
Stanford-educated psychiatrist spent more than 21 hours interviewing
Stayner in jail and more than three hours talking with Stayner's
parents, who live in the Central Valley. In addition, he sifted
through five fat binders containing the defendant's medical history,
which included interviews with friends, acquaintances and the FBI.
Silva said Stayner, like his father, suffers from paraphilia, a sexual
disorder in which individuals become aroused only by inappropriate
objects or fantasies. And like his mother, Stayner suffers from
depression.
From the time he was a small boy, Stayner was a chronic hair puller --
a symptom of obsessive-compulsive disorder, Silva said. He also
started having hallucinations that became more and more violent and
sexual. For example, Silva said, Stayner repeatedly fantasized about
young girls on his street being gang raped by a band of hoodlums.
Sometimes in his daydreams, Stayner would play the hero and save the
girls, according to the psychiatrist. Other times he would join in the
sexual abuse. Silva said Stayner began having the fantasies about the
time that his father began sexually abusing his sisters.
Stayner was unable to control the delusions and was withdrawn from the
real world, Silva said. There is also strong evidence that Stayner
suffers from brain damage,-- possibly caused by a prenatal accident.
Silva is scheduled to retake the stand today. The defense plans to
call two more psychiatrists to testify before resting its case.
PattyC
A couple random thoughts. "Compulsive drawer?" (from another post.....)
How about can cut off someone's head, but needs to plug his ears to avoid
hearing talk about molestation in his family?
I didn't remember Steven having children. Was he married?
I am sure Stayner is whacked out, scary and pathetic, but legally insane...
nah.
PattyC
--
???
"Patty" <eartha...@yahoo.com> wrote in message
news:f0e77308.02073...@posting.google.com...
JC
I think Morrissey is incredible. The psychiatric testimony is an eye-opener
imo, from the standpoint of the entire family's history. I can see why the
family has chosen not to attend. It must be terrible for them to hear how
their med/social history is displayed and interpreted. If there was ever a
black cloud over a family... They have all been very troubled (and, yes,
psychologically dangerous to a child), sounds to me (and bad genetics too
imo). (At the same time, it might amaze all of us to hear how psychiatrists
might portray our own family histories. Who knows what might be lurking in
the hearts (not to mention LE files) of men and women to whom we're related?
Oo, just creeped myself out.)
I do think that if she can make the jury see Stayner as a truly pathetic
creature, subhuman even, she might have a shot at saving his life. If they
can see him as an unique sort of feral animal, perhaps worthy of study,
Morrissey might prevail. Longshot, but maybe. (For the record, I think he
should have been put down yesterday.)
JC
gemini...@excite.com
...geminiwalker
--
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tiny dancer
"PattyC" <patty...@attbi.com> wrote in message
news:PLG19.727186$cQ3.112505@sccrnsc01...
> All very interesting, Patty.
>
> A couple random thoughts. "Compulsive drawer?" (from another post.....)
>
> How about can cut off someone's head, but needs to plug his ears to avoid
> hearing talk about molestation in his family?
>
> I didn't remember Steven having children. Was he married?
Yeah, he was, if I remember correctly his wife kept herself and their
children away from the rest of his family. There was an estrangement there.
td
Patty
>
> Thanks for the updates Patty..........are they estimating how long the
> defense will take?
>
> td
Haven't heard any new estimates on how long it will last, but I can't
imagine it's going to last three months with two or three of the
defense's witnesses not testifying, and all those that the prosecution
cut from the list. I wonder if that brings down the estimated cost of
$3 or $4 million from the trial, although much of that I'm sure has
already been paid to Morrissey and her professional witnesses. May be
able to cut down the costs of the use of Santa Clara County courts and
staff, though.
Dietz is suppose to testify for the prosecution, I'll be eager to hear
what mental illnesses he thinks Stayner has.
And if he gets life, not likely though, who pays the cost of housing
him, Federal or the State or do they share it?
Patty
Patty
> All very interesting, Patty.
>
> A couple random thoughts. "Compulsive drawer?" (from another post.....)
I missed that, must be referring to his cartoon or comic characters.
Lots of people doodle.
> How about can cut off someone's head, but needs to plug his ears to avoid
> hearing talk about molestation in his family?
He had his ears plugged last week, too, when they played the
confession.
PattyC wrote:
> I didn't remember Steven having children. Was he married?
td wrote:
>Yeah, he was, if I remember correctly his wife kept herself and their
>children away from the rest of his family. There was an estrangement
there.
Steven Stayner got married young and left a widow with two kids, a boy
age 2 and a girl age 3, when he died at 24 years old in 1989. I
remember something coming out in 1999 at the time of Cary's arrest
that there was some sort of estrangement between Steven's wife and the
Stayner family, don't remember the reason. At that time Jody Stayner
IIRC was paid for an interview and gave the money to the Sund
Carrington Foundation. She's remarried now and moved to Colorado.
After her move it came out that she may have embezzled around $30,000
from her Merced employer, don't know where that case stands now.
Patty
tiny dancer
Man Patty........I have these 'vague' memories of things....but you are
'super woman'! I don't know what we'd do without all your
knowledge........thanks,
td
Patty
>
> A couple random thoughts. "Compulsive drawer?" (from another post.....)
>
> How about can cut off someone's head, but needs to plug his ears to avoid
> hearing talk about molestation in his family?
>
> I didn't remember Steven having children. Was he married?
>
> I am sure Stayner is whacked out, scary and pathetic, but legally insane...
> nah.
>
> PattyC
>
Picture of Steven with his two children
http://www.geocities.com/traciy_curry_walker/steven_stayner_kids.html
Steven's wedding photo
http://www.geocities.com/traciy_curry_walker/steven_stayner_photos3.html
tiny dancer
Thanks Patty, another great find..........how sad that he survived all those
years, escaped.....and then died so young.
td
Starword
"tiny dancer" wrote:
> "Patty" wrote:
> > Picture of Steven with his two children
> > http://www.geocities.com/traciy_curry_walker/steven_stayner_kids.html
> >
> > Steven's wedding photo
> http://www.geocities.com/traciy_curry_walker/steven_stayner_photos3.html
> Thanks Patty, another great find..........how sad that he survived all
those
> years, escaped.....and then died so young.
Yes, extraordinarily tragic...and not a tragic coincidence either. IIRC, the
fatal accident Steven was in (motorcyle or automobile) was caused by his
intoxication. He became an alcoholic as a child, during his years of
captivity.
IMO, Parnell murdered Steven Stayner as sure as if he'd turned a gun on him,
or cut his throat.
NS
