GUILTY MA - Colleen Ritzer, 24, brutally murdered, Danvers, 22 Oct 2013 #2

[MsJosie]

Here's an appeal case in Federal Court that was filed in a death penalty case. The defendant was found guilty and sentenced to death. Part of the appeal concerned Dr. Ruben Gur and reversible error because the judge did not allow brain scans to be presented as part of the defense mitigation. The federal court found that there is no scientifically recognized significance to MRI evidence and it is methodologically unreliable.

So there is precedent for Judge Lowy to use to rule the scans out.

http://www.jaapl.org/content/41/4/597.full

Finally, the court acknowledged that the threshold for admissibility under the Federal Death Penalty Act is low and noted that the exclusion of Dr. Gur's testimony from the penalty phase represented a reversible error. It noted that Dr. Gur's interpretation of the PET scan as it pertained to a diagnosis of pseudocyesis was arguably admissible when this lower standard was used. However, it concluded that any error resulting from its exclusion was ultimately harmless. Furthermore, because the MRI evidence was both methodologically unreliable and, in this case, “had no scientifically recognized significance,” the district court acted within its authority when it concluded that “the results were irrelevant to Montgomery's insanity defense and the mitigating factors she pleaded” (Montgomery, p 1093).

I so wish you could send this to the Judge...hopefully his team will find this.

 

[AnaTeresa]

Here's an appeal case in Federal Court that was filed in a death penalty case. The defendant was found guilty and sentenced to death. Part of the appeal concerned Dr. Ruben Gur and reversible error because the judge did not allow brain scans to be presented as part of the defense mitigation. The federal court found that there is no scientifically recognized significance to MRI evidence and it is methodologically unreliable.

So there is precedent for Judge Lowy to use to rule the scans out.

http://www.jaapl.org/content/41/4/597.full

Finally, the court acknowledged that the threshold for admissibility under the Federal Death Penalty Act is low and noted that the exclusion of Dr. Gur's testimony from the penalty phase represented a reversible error. It noted that Dr. Gur's interpretation of the PET scan as it pertained to a diagnosis of pseudocyesis was arguably admissible when this lower standard was used. However, it concluded that any error resulting from its exclusion was ultimately harmless. Furthermore, because the MRI evidence was both methodologically unreliable and, in this case, “had no scientifically recognized significance,” the district court acted within its authority when it concluded that “the results were irrelevant to Montgomery's insanity defense and the mitigating factors she pleaded” (Montgomery, p 1093).

It's not really precedent, although it IS an indication of how the legal field views these scans. Because this is a ruling from federal court, it has no control over Lowy's decision, and he can't really rely on it either. The state criminal system is separate. He can refer to it, but he can't base his decision on it. He has to follow whatever rulings have come before in Massachusetts, or if there is no precedent, set his own - which is why this is so dicey, because it can then be overturned on appeal.

 

[AnaTeresa]

Gah, again with the scans, the defense is like a broken record. It seems weird (but refreshing to me) that the judge would just come out and say, "I don't believe the expert." Is it common for a judge to make statements like that?

I wonder when the scans took place -- is that something we were told? Did the defense have them and sit on them for a long time, or were they done just before the trial started?

I don't know if it's common for judges to speak plainly like that or not. In my area, there was a definitely split - about fifty/fifty. Some were very forthright about experts, evidence, and the attorneys' behavior at trial, while others were very circumspect.

 

[AnaTeresa]

I would want the Prosecution to have their own brain scans.....I wonder if scans can be 'adjusted' by machine settings etc.

That's another good point, and the reason for timely disclosure by both sides - the ability to set up rebuttal witnesses or have independent tests conducted. Had this gone according to the rules, the defense would have disclosed, there would have been a hearing prior to trial about the evidence coming in/out, and the prosecution may have set up their own tests, which would have then been disclosed to the defense and presented at trial.

ETA: I feel like I'm spamming the Board, sorry folks. Having difficulty being able to quote multiple posts at one time, so I'm stuck doing this for now. Sorry!

 

[Skigirl]

If I were the prosecution, I'd be tempted to trot out the below finding by Gur showing similar patterns for asymptomatic family members, since the defense has already argued that there was mental illness in his family. By Gur's own research, different patterns are not necessarily even correlated with mental illness.

Unaffected family members and schizophrenia patients share brain structure patterns: a high-dimensional pattern classification study.
Fan Y1, Gur RE, Gur RC, Wu X, Shen D, Calkins ME, Davatzikos C.
Author information
Abstract
BACKGROUND:
A number of studies have provided evidence for genetic modulation of brain structure in unaffected family members (FM) of schizophrenia patients using conventional volumetric analysis. High-dimensional pattern classification methods have been reported to have the capacity to determine subtle and spatially complex structural patterns that distinguish schizophrenia patients from healthy control subjects using standard magnetic resonance imaging. This study investigates whether such endophenotypic patterns are found in FM via similar image analysis approaches.
METHODS:
A high-dimensional pattern classifier was constructed from a group of 69 patients and 79 control subjects, via an analysis that identified a subtle and spatially complex pattern of reduced brain volumes. The constructed classifier was applied to examine brain structure of 30 FM.
RESULTS:
The classifier indicated that FM had highly overlapping structural profiles with those of patients. Moreover, an orbitofrontal region of relatively increased white matter was found to contribute significantly to the classification, indicating that white matter alterations, along with reductions of gray matter volumes, might be present in patients and unaffected FM.
CONCLUSIONS:
These findings provide evidence that high-dimensional pattern classification can identify complex and subtle structural endophenotypes that are shared by probands and their unaffected FM.

 

[Skigirl]

I would want the Prosecution to have their own brain scans.....I wonder if scans can be 'adjusted' by machine settings etc.

The scan sequences were likely standard ones programmed into the scanner by GE or Siemens, but the analyses measuring regional volumes could very easily be total nonsense.

 

[Skigirl]

I went back and found the tweet where Dr. Dudley said he evaluated PC in Feb. and March this year. Dr. Dudley is the one that ordered the scans so it must have been in this time frame.

The defense had the scans but did not turn them over to the prosecution until 3 days before trial start. That was also when they said they had a new expert (Dr. Satterthwaite) that they wanted to have testify about brain scans and their ability to show schizophrenia.

I looked up Satterthwaite. He is a relatively junior faculty member at Penn. Most of the pubs I found were in collaboration with Gur (actually, there are two Gurs that publish together).

 

[jacct]

I looked up Satterthwaite. He is a relatively junior faculty member at Penn. Most of the pubs I found were in collaboration with Gur (actually, there are two Gurs that publish together).

Yes, they are husband and wife. Dr. Rachel Gur is head of neuropsychiatry at the University of Pennsylvania medical school. She conducts research with her husband. Rachel testified at the James Holmes trial and did use MRIs to say that based on his brain volume his brain was shrinking and she used that in diagnosing Holmes with schizophrenic.

 

[MsJosie]

Yes, they are husband and wife. Dr. Rachel Gur is head of neuropsychiatry at the University of Pennsylvania medical school. She conducts research with her husband. Rachel testified at the James Holmes trial and did use MRIs to say that based on his brain volume his brain was shrinking and she used that in diagnosing Holmes with schizophrenic.

Her testimony did not work in favor of JH though. I don't think a lot of people agree with these findings as enough research has not been made...that is how I look at it.

With that said, did any of the jurors in the JH case ever give after trial interviews and comment on these brain scan issues? It would be interesting to hear their comments on this.

Also, how are the Gurs, both husband and wife, received in the research/ medical field? I can find info on their research, but what do their peers think of them?

Thanks

 

[Skigirl]

Yes, they are husband and wife. Dr. Rachel Gur is head of neuropsychiatry at the University of Pennsylvania medical school. She conducts research with her husband. Rachel testified at the James Holmes trial and did use MRIs to say that based on his brain volume his brain was shrinking and she used that in diagnosing Holmes with schizophrenic.

It's sort of ridiculous to me that this stuff is making it into courts. As a research finding, it's interesting if there are group differences in regional volumes, but there are volume changes in so many different conditions that i don't know how you could use them to diagnose a single individual with anything. The brain is very plastic and there are age-related volume changes, depression-related volume changes gender differences in volume, volume changes that relate to certain parts of the body being used more or less, etc etc. There is also the problem of looking at any particular individual, since most of the research compares groups and averages. There is a huge amount of individual variance in the brains of normal individuals that you would need to have a very extreme result in one person to say that that person's results were significantly different from the a group. Finally, the methods used to measure regional volume have not been validated for diagnosis, nor are they really necessary for diagnosis, since schizophrenia is very easy to detect. At most you may have to differentiate it from another disorder, but it would be pretty rare not to be able to distinguish someone with schizophrenia from someone who was normal. 50% of research results can't even be replicated. I know I sound like a broken record, but as someone who used to do brain imaging research, and even as someone who does not consider it junk science, this is pretty much blowing my mind.

 

[jacct]

Her testimony did not work in favor of JH though. I don't think a lot of people agree with these findings as enough research has not been made...that is how I look at it.

With that said, did any of the jurors in the JH case ever give after trial interviews and comment on these brain scan issues? It would be interesting to hear their comments on this.

Also, how are the Gurs, both husband and wife, received in the research/ medical field? I can find info on their research, but what do their peers think of them?

Thanks

Rachel Gur went through a blistering cross exam during the Holmes trial and I think the jury discounted her testimony. I don't think they even considered the MRI evidence. By the time Prosecutor Brachler got done with her interpretation of Holmes notebook and his planning behavior I thought she was totally discredited.

I haven't seen any interviews from the Holmes jurors. They may not be over the trauma of that trial yet.

 

[Skigirl]

Her testimony did not work in favor of JH though. I don't think a lot of people agree with these findings as enough research has not been made...that is how I look at it.

With that said, did any of the jurors in the JH case ever give after trial interviews and comment on these brain scan issues? It would be interesting to hear their comments on this.

Also, how are the Gurs, both husband and wife, received in the research/ medical field? I can find info on their research, but what do their peers think of them?

Thanks

I was vaguely aware of the Gurs now that I'm looking at their web pages. I used to collaborate with several people at Penn. I've never heard anything negative about the Gurs, but I wouldn't say they are considered thought leaders. They are like a lot of clinicians who also do research. Their work is largely follow-up type work published in OK but not spectacular journals. Of the last three on RE Gur's webpage, I've never heard of two of those journals and NeuroImage is an OK, but not super-prestigious journal that I've published in. The rule of thumb in science is that the more specialized the journal, the more restricted the audience, and the less influential the paper, which means Nature, Science, and PNAS are a big deal, and the more modifiers you have in the title, the less impactful they are.

 

[jacct]

allison manningVerified account ‏@allymanning 2m2 minutes ago
Attorneys are filing back into court. Looks like we'll get going again soon.

 

[jacct]

Laurel J. SweetVerified account ‏@Laurel_Sweet 1m1 minute ago
The courtroom is reassembling and awaiting Lowy's decision on whether the #PhilipChism trial will tumble into another hole of disarray

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
The family of Colleen Ritzer has waited all day. Her parents have been to nearly every hearing in case during past 2 years

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Lead counsel for defense is not here but lead prosecutor is.

Laurel J. SweetVerified account ‏@Laurel_Sweet 2m2 minutes ago
The question seems to come up daily: How much more can the family of murder victim Colleen Ritzer bear?

 

[jacct]

allison manningVerified account ‏@allymanning 45s45 seconds ago
Judge Lowy is back. We'll see what he has to say about the brain scans.

allison manningVerified account ‏@allymanning 1m1 minute ago
Lead defense attorney Denise Regan went home sick. Uncertain what that means for tomorrow.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
Regan went home sick with an intestinal virus.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
She doesn't know if she can be here tomorrow for closings.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: There's a certain pt today we will need to call jurors

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: Will make findings on brain scan issue after both sides go over jury instructions

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Defense wants juvenile specific language in jury instruction.

I hope Regan is OK but I'm feeling a little cynical about her being ill. Maybe buying another day for brain scan hearing?

 

[jacct]

allison manningVerified account ‏@allymanning 2m2 minutes ago
Judge says that can be argued for the record, but he isn't going to include it in instructions.

Julie Manganis ‏@SNJulieManganis 57s57 seconds ago
Defense is also asking about the instruction on aggravated rape

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
Osler says he wants jury to understand that they have to decide if Ritzer was alive during sexual assaults

Julie Manganis ‏@SNJulieManganis 54s55 seconds ago
In Massachusetts, there is no law against sexually violating a body.

Julie Manganis ‏@SNJulieManganis 37s38 seconds ago
Judge included reference to rape being "close in time, almost simultaneously," to Ritzer's death.

 

[jacct]

Laurel J. SweetVerified account ‏@Laurel_Sweet 56s57 seconds ago
The trial teams are haggling once more on how to word the unnatural aggravated rape charge for the jury - so clinical, cold.

allison manningVerified account ‏@allymanning 56s57 seconds ago
Judge is going to take 10 min recess and figure out what the "latest moment" is to tell jurors what's going on.

 

[jacct]

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
We are back in session. Judge Lowy just returned

Bob Ward Fox25Verified account ‏@Bward3 55s55 seconds ago
BREAKING: Judge Lowy denies renewed motion to admit brain scan evidence in #PhilipChism murder trial.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Lowy: No evidence that brain scans reveal malingering.

Bob Ward Fox25Verified account ‏@Bward3 50s51 seconds ago
Judge Lowy: No evidence brain scans have significant impact on malingering.

allison manningVerified account ‏@allymanning 47s48 seconds ago
Judge: No evidence brain scans showing reduced volume in specific areas make it more likely the defendant is malingering.

Laurel J. SweetVerified account ‏@Laurel_Sweet 1m1 minute ago Salem, MA
Lowy will not allow Satterthwaite to testify or brain scans to be brought in as evidence.

allison manningVerified account ‏@allymanning 44s44 seconds ago
Judge: No evidence in science that if someone has reduced brain volume that they're more likely to be malingering

Bob Ward Fox25Verified account ‏@Bward3 48s48 seconds ago
So, this is a victory for prosecution. No more witnesses in #PhilipChism trial.

 

[jacct]

Laurel J. SweetVerified account ‏@Laurel_Sweet 50s50 seconds ago
Judge: No evidence before the court to suggest reduced brain volume or schizophrenia cause someone to lie about mental illness.

allison manningVerified account ‏@allymanning 51s52 seconds ago
Judge: brain scans aren't used in clinical treatment. They're just a research tool.

allison manningVerified account ‏@allymanning 1m1 minute ago
Judge: Little to no value of fall 2015 brain scans to tell us #PhilipChism mental state 2 years earlier during attack.

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
This paves way for Closing Statements Fri. BUT, defense atty Denise Regan has gone home sick. That could affect sched

 

[jacct]

Julie Manganis ‏@SNJulieManganis 1m1 minute ago Lowy also says there's "too great an analytical gap" between research data and any opinion to be given.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
Basically he's saying that the data is neither generally accepted not reliable

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Judge Lowy said brain scan evidence should have been brought to court's attention much earlier

allison manningVerified account ‏@allymanning 1m1 minute ago
At last point, judge could have brought this evidence up earlier and it could have been litigated in Sept or Oct.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Judge Lowy calling the illness of Denise Regan "a problem of significance."

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Regan has notified court she will not be in court for Closing on Friday

Bob Ward Fox25Verified account ‏@Bward3 2m2 minutes ago
Lowy: My challenge is what to tell the jurors.

Julie Manganis ‏@SNJulieManganis 2m2 minutes ago
He may tell them "somebody has some type of contagious illness that wouldn't make it prudent" to go forward.

Bob Ward Fox25Verified account ‏@Bward3 1m1 minute ago
Lowy: I'm assuming I can tell them to come in Monday morning.

Julie Manganis ‏@SNJulieManganis 1m1 minute ago
"This has been an incredibly conscientious jury ... I'll be surprised if there are any problems."

Bob Ward Fox25Verified account ‏@Bward3 41s41 seconds ago
Defense Atty Osler, I don't know if Denise Regan knows if she'll be able to come back Monday

Bob Ward Fox25Verified account ‏@Bward3 48s48 seconds ago
ADA MacDougall: There is a human cost to every delay in this trial

Bob Ward Fox25Verified account ‏@Bward3 42s42 seconds ago
Colleen Ritzer's mother is getting emotional in court, as it appears there is going to be a delay in this trial.