Took notes while Dr Otto was talking..he is quick, so tried to get it all in. But I feel this testimony is very important and he touched on all the areas I was having a hard time with.
Very interesting testimony indeed.
Dr. Otto. - Believes that at or around the time of offenses JS was experiencing symptoms of MI, that's 1st requirement.
He feels that she knew what she was doing and that it was wrong
reasons supporting his opinion
- bought the gun and misled clerk for reason of purchase
- journal writings indicated that she intended to kill herself and children,
-journal writings indicated that after they died her and B and hopefully C would go to heaven which suggests - people who believe in heaven know you don't go there until you die - it shows an appreciation of their deaths
- she made reference to planning to kill her children and inteended to carry it out..for example, she wrote she would kill C first and then B and do it in the middle of the night so they wouldn't know what happened, she made DNR note - this showed she was taking actions designed to kill herself and her children, '
- later in journal she makes references acknowledging killing the children
- told officers on the scene that she shot the children
- told offers in interrogation that she shot the children
- Her claim of not knowing what she did is contraindicated by her statements to me, gunshop, her attny, LE on scene, LE in interrogation, jail medical staff.
- there is no evidence supporting she didn't know what she was doing. there is support showing she knew what she was doing.
- journal entries indicated she felt "horrible" for what she did
- Notes on the front door to the car pool suggesting family was in NYC - in reality kids dead, JS in the house. JS claims no memory of writing note to Dr. O. , but she told Dr. M that she remembers writing the note so that they would not be discovered, but instead PS would find them all dead. The bodies being discovered reflects an appreciation of what was done.
Evidence proving she knew the wrongfulness of what she had done:
- She indicated that in her journal, she worried she might wake B when shooting C, Dr inferred that she thought that if B knew she killed C - B may take action to stop her
- comments made during interrogation - she felt Horrible indicates she knew it was wrong on some level, That her husband would be upset with her, her description of murders being "worst thing", and she apologized to her children for her actions suggests a transgression - when do we apologize? when we do something wrong
- comments to LE on scene, she referenced her husband being 'pissed off' - suggestive of knowing she did something wrong
- in video taped interview w/ attny day or 2 after offenses in hospital - she shares that she did not tell any one else..(def objects- side bar) JS Not looking happy at all today Defense must have won sidebar, Pros asks if dr. solomon was there with attny...then nothing more on this. I would love to see this video.
- the use of the word massacre arguably indicates knowledge of wrongfulness - suggests planning and intent
- phrase in journal 'The evil starts Thurs" - if that's reference to the murder of the children, the mention of the word 'Evil' suggests that's it's wrong ... (def objects - side bar)
- phrase to LE in interrogation "I don't want to go to jail" - Dr doesn't have an opinion on this statement
- She stated in TG hospital that she didn't tell anyone what she was going to do because they would stop her - this indicates her understanding of the wrongfulness
- in hospital she said that it was "horrible, horrible to see her babies like that" - Dr. thinks this reflected an appreciation of the wrongfulness and regret, saying if she had to do it over, she wished she had just killed her self and not the children.
Dr. feels because all of the above - the defendant knew what she was doing and that if asked to offer an opinion on the verdict he states he believes she was sane at the time of the offenses.
