significantly smaller. His coordination and fine motor skills will also be more awkward and less devel aped.
'Gary also functions in the here and now. He doesn't have the ability to make plans that extend very far into the future and the plans he does make are going to be vague and may be unrealistic.'
Peter shot a quick look at Gary, but he showed no reacting on during this clinical discussion of his intelligence level.
'What classes did Gary take in school?'
''They were special education classes designed to give Gary living skills and vocational skills. He also received e very basic education in mathematics, E English and sam n other subjects; that normal children study.'
J 'Did Gary have an individualized education plan?'
'Yes. He trained to be a janitor and he worked at the college with the janitorial staff while in high school.'
'Was his work as a Janitor satisfactory?'
'Definitely,' Brock answered enthusiastically. Gary sat up straight and smiled proudly. 'Gary works very hard at any task you give him. It took him a while to catch on, but Gary never stops trying to learn a skill.'
'Did Gary do any work for you?'
'Yes. He was always asking me if he could help me around the office. I usually told him no, because most of the work was too complicated for him, but I did have him Xerox items on occasion and he was great at stuffing envelopes.'
'I did good work for Mr. Brock,' Gary said.
'May I have a moment, Your Honor?' Peter asked.
judge Kuffel nodded. Peter turned toward his client and put a hand on his shoulder.
'Gary, we talked about this,' Peter said quietly. 'You can't talk while a witness is testifying. Okay? You write down anything you think is important and we'll talk about it. But don't talk now.'
'I'm sorry ' Gary said.
'Mr. Brock, do you have Gary's school records?'
Peter continued.
'Yes,' Brock said, holding up-a manila folder.
'Was Gary a discipline problem at Eisenhower?'
'No, sir. In fact, there are very few negative comments in Gary's folder.'
'Do children with Gary's handicap tend to fight?'
'No. To the contrary. Mentally handicapped children tend to shy away from fights, even if -they are big and strong like Gary, unless they come from a dysfunctional family and have developed antisocial traits.'
'Why is that?'
'They feel inadequate compared to so-called normal people. They get frightened easily and believe they need permission to do things.'
'Was Gary a mean or aggressive young man while at E'senhower?'
I 41 Definitely not. He was usually docile and very sensitive to other people's feelings. Let me give you an example. Gary loves football. I remember one game where a teammate was injured. Mentally handicapped kids have feelings like everyone else, but they have a harder time controlling them. They sort of wear their heart on their sleeves. I remember Gary being in tears while the I coaches attended to this kid.'
'As an expert in mental retardation and as someone who knows Gary personally, were you surprised to learn that Gary was charged with this murder?'
'Yes I was. Nothing I know about Gary would have prepared me for this. The amount of violence involved ... Just the idea of Gary inflicting that kind of pain on another nsistent with Gary's person is inca personality and the way someone of his intelligence would function.'
'No further questions.'
Becky O'Shay glanced through the copy of Gary's school records she had received weeks ago with Peter's discovery material. When she was done, she smiled warmly at Elmore Brock. Brock's shoulders hunched a little more, but he flashed back a brief, nervous smile.
'It's Mr. Brock, not Dr. Brock?' O'Shay asked sweetly.
'Yes.'
'So, Mr. Brock, you don't have a Phd.?'
'No.
'Am I correct that your master's is not in psychology?'
'Yes.'
'In fact, you are not a licensed psychologist, are ?'
you 'No.
'A licensed psychologist has to complete a one-year residency where he performs two thousand hours of ther py assessment in the area of his specialization while a under the supervision of a licensed psychologist, doesn't he?'
'Yes.
'You didn't do that, did you?'
Brock flushed.
'No,' he said.
',&nd a licensed psychologist has to take national written exams and an oral examination given to him by the Oregon State Board of Psychologist Examiners.
doesn't he?'
Yes.'
'But you didn't do that, did you?
'No,' he answered tersely.
'Now, you've explained that the defendant is not as bright as normal folks, is that correct?''
'Yes.
'Could you tell the jurors what Gary's high school average was?'
'That doesn't mean..
'Your Honor ... O'Shay asked the judge.
'Yes, Mr. Brock. Please answer the question. If there is something Mr. Hale wants You to explain, he'll get a chance after Ms. O'Shay is done asking her questions.'
Brock ducked his head a little and said, 'Sorry.'
'That's okay, Mr. Brock,' the prosecutor said pleasantly. 'This's all new to you. Do you want the question read back?'' 'No, I remember it. Gary had a 3.20 grade average.'
'A 4.00 is straight A's, isn't it?'
'Yes.'
'And a 3.50 is honor roll?'
Yes.
'Now, I believe you said that someone like Mr. Harmon would have poor coordination?'
'Yes'
'Didn't the defendant earn a varsity letter in football his senior year?'
Brock started to say something, then choked it back.
'Yes,' he answered tersely.
'You talked about things that the defendant can't do.
I'd like to ask you about some things he can do. For instance, can Gary Harmon lie?'
'Well, yes. Gary could learn how to lie.'
'If he murdered a young girl would he be frightened?'
Yes.
'Would fear motivate a person with even an IQ of 65 to 70 to lie?'
'Yes.'
'Now, you told a touching story about the defendant weeping when he saw a teammate injured during a football game.'
'Yes.'
