COMMONWEALTH OF MASSACHUSETTS
NORFOLK, ss. SUPERIOR COURT
Monday, July 24, 1994
Before: Dortch-Okara, J.
TRANSCRIPT OF COMPETENCY HEARING
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.
Could I have counsel identify themselves for the record.
MR. KIVLAN: John Kivlan, for the Commonwealth.
MS. HINKLE: Marianne Hinkle for the Commonwealth.
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
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
tape is Exhibit No. 2.
THE COURT: The notes and reports.
[Exhibit No. 1, Notes & Report
and Exhibit No. 2, Tape, were marked and
MS. HINKLE: The Commonwealth believes that establishes the
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.
PHILLIP RESNICK [Sworn]
Q [By Mr. Lachance] Good morning, sir.
Could you tell us your name and spell your last name for
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
I also serve as a part-time director of the Court Psychiatric
serving Cleveland, Ohio.
Q Could you tell us the function of that court psychiatric clinic that
It is a clinic and we evaluate over eight hundred fellows,
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,
I have a bachelor's degree in psychology and M.D. from Case
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?
I am certified by the American Board of Psychiatry and
Q Do you have any other board certifications, sir?
I am certified by the American Board of Forensic Psychiatry
in 1979 and
have what is called an added qualifi