No. 9518-24




Dedham, Massachusetts

Monday, July 24, 1994

Before: Dortch-Okara, J.



John Kivlan & Marianne Hinkle, Assistant District

Attorneys, For the Commonwealth

J.W. Carney, Jr. & Janice Basil, Esqs.,

For the Defendant

John Lachance, Esq., Amicus Curiae

Catherine P. McEllin, CSR, RPR

Official Court Reporter

Norfolk County Superior Court

Dedham, Massachusetts, O2O26


Witnesses: Direct Cross Redirect Recross Phillip Resnick 6 65

Monday, July 24, 1995

[Defendant present with his counsel]

THE CLERK: Your Honor this is Commonwealth v.

John Salvi.

Could I have counsel identify themselves for the record.

MR. KIVLAN: John Kivlan, for the Commonwealth.

MS. HINKLE: Marianne Hinkle for the Commonwealth.

Good Morning.

THE COURT: Good Morning.

MR. KIVLAN: Good Morning.

MR. CARNEY: Good Morning, Your Honor.

J.J. Carney, Jr., co-counsel for John Salvi.

MR. LACHANCE: John Lachance, by appointment of Court, legal counsel.

THE COURT: Good Morning.

Are we ready.

MS. HINKLE: Yes, Your Honor.

Your Honor, the Commonwealth, for purposes of this hearing, would like to file with the Court a competency report authored by Joel Haycock, May 8, 1995 report, Joel Haycock, May 26, 1995, a set of Notes of Dr. Haycock that are listed as A through F.

A video tape which contains the two arraignments, one in the state court in Virginia, and one in the state court here in the Commonwealth of Massachusetts of Mr. Salvi.

I also, Your Honor, am awaiting transcripts of Mr. Salvi's Federal arraignment and Federal court hearing. They simply are not here. They will be here in a matter of moments.

It's the Commonwealth's position, Your Honor, that those documents in total establish far beyond a preponderance of the evidence Mr. Salvi is competent to stand trial.

THE COURT: You are offering these as exhibits.

MS. HINKLE: I am, Your Honor.

THE CLERK: The notes and Dr. Haycock's notes are Exhibit No. 1. The video tape is Exhibit No. 2.

THE COURT: The notes and reports.

[Exhibit No. 1, Notes & Report

and Exhibit No. 2, Tape, were marked and received in evidence]

MS. HINKLE: The Commonwealth believes that establishes the Commonwealth's burden.

THE COURT: The Commonwealth is calling no live testimony.

MS. HINKLE: No, Your Honor, we are not.

THE COURT: Yes, Mr. Lachance.

MR. LACHANCE: Your Honor, over those circumstances, the amicus counsel would call Phillip Resnick.



Q [By Mr. Lachance] Good morning, sir.

Could you tell us your name and spell your last name for us.

A. Phillip Resnick. R-E-S-N-I-C-K.

Q What is your profession?

A. I am a physician specializing in psychiatry.

Q And what current employment positions do you hold?

A. I am a professor of psychiatry Case Western Reserve University School of Medicine.

I also serve as a part-time director of the Court Psychiatric Clinic serving Cleveland, Ohio.

Q Could you tell us the function of that court psychiatric clinic that you supervise?

A. Yes.

It is a clinic and we evaluate over eight hundred fellows, three hundred misdemeanors each year for issues such as competency to stand trial, sanity at the time of the act, and presentence evaluations.

Q Would you tell us a little bit about your education and training, sir.

A. Yes.

I have a bachelor's degree in psychology and M.D. from Case Western Reserve University 1963. One year internship and three years of psychiatry residency at University Hospital of Cleveland.

Q And do you hold any board certifications, sir?

A. Yes.

I am certified by the American Board of Psychiatry and Neurology since 1971.

Q Do you have any other board certifications, sir?

A. Yes.

I am certified by the American Board of Forensic Psychiatry in 1979 and have what is called an added qualifi