it—just as plausibly—be evidence of a man smart enough to lie?'
Bond scrutinized Lane's demeanor with a jeweler's eye. 'This entire exercise,' Lane protested, 'has become untethered from reality. In my considered opinion, Rennell Price not only is too retarded to lie well but didn't truly comprehend the circumstances of his interrogation. Your questions wholly ignore the Rennell Price who exists in real life.'
'And who, in your view, suffers from a 'failure of adaptive skills.' Yet you cited his record in prison as evidence of nonviolence.'
'True.'
Pell smiled. 'But many death row inmates exhibit exemplary behavior. Isn't all this more evidence of Rennell's superior adaptive skills?'
'No. Although it does refute your argument that he's antisocial.' Beneath the firmness of Lane's voice lay anger at Pell's studied incomprehension. 'Outside of the exercise yard, death row was the first secure environment Rennell Price had ever known. You'd go mad there, Mr. Pell. So would I. But for Rennell, solitary confinement in a six-by-six cell became an opportunity to sleep without fear. That he was pathetically grateful for this refuge is a measure of his tragedy, and his impairment . . .'
'Yes,' Terri whispered in approval. 'It's true.'
But her husband was watching Gardner Bond. 'That's why you need Rennell to testify,' he said.
ELEVEN
THE EXPERT PSYCHOLOGIST FOR THE STATE OF CALIFORNIA, DR. Davis Kuhl, was a slender, dark-haired man in his early forties, with watchful, dark eyes, a prominent nose, and a dispassionate manner which lent weight to his opinions. 'My conclusion,' he told Larry Pell from the witness stand, 'is that the evidence does not support a finding that Rennell Price is mentally retarded.'
Terri watched him, pen poised over her legal pad. 'In reaching that conclusion,' Pell asked, 'what methods did you employ?'
Kuhl placed his hands together, fingertips touching. 'Extensive testing, obviously. But the essence of my approach is what I call forensic behavioral analysis: to re-create the defendant's behavior in his normal life and— minute by minute—in the commitment of the crime.'
'Assumes guilt,' Terri scribbled. 'Opinion depends on Fleet—'
'There's a somewhat tired joke,' Kuhl continued, 'about how to tell if defendants are lying. The punch line is 'Because their lips are moving.' ' Absently, he began rubbing his fingertips together. 'I don't accept that, of course. But their actions can be far more telling than anything they say—or, for this case, anything that Payton Price said when he had nothing more to lose.'
'Or Fleet,' Carlo whispered to Terri. 'When he had everything to gain.'
'Kuhl's very selective,' she answered dryly.
With a satisfied expression, Pell inquired, 'I'd like you to begin with your examination of Rennell Price. What conclusions did you reach with respect to fetal alcohol syndrome or organic brain damage?'
Kuhl shook his head. 'Fetal alcohol syndrome tends to affect impulse control, and I found no sign of impulsivity in my dealings with Rennell. Or in his life history as set forth by his own lawyers.' Kuhl faced the defense table, as though to underscore his evenhandedness. 'Claims of fetal alcohol syndrome and organic brain damage have become commonplace among petitioners in habeas corpus cases. Chaotic and abusive backgrounds, such as those existing in Rennell's family of origin, lend a superficial plausibility to such a claim. But the clearest manifestations of fetal alcohol syndrome are physical features—like a high palate or abnormal eye placement—wholly absent in this man, whose appearance is quite normal. Nor do the MRI and CAT scans we administered reveal any trauma to the brain.'
Kuhl's mien of academic neutrality, Terri perceived, was well-chosen for an expert whose role was to preserve the State's right of execution. With a look of approval, Gardner Bond had taken out a fountain pen, making notes of his own.
Pell, too, seemed pleased. 'As I understand it, you also find Rennell Price's numeric IQ to be well above the standard for retardation.'
'Seventy-eight, to be precise.' Giving Terri a deferential nod, he added, 'But whether you believe his IQ is seventy-two or seventy-eight, neither score supports his claim to be retarded. Indeed, taken together, they contradict that claim.' Cocking his head toward Bond, Kuhl adopted the manner of an expert clearing up confusion. 'Dr. Lane himself noted that the improvement in IQ score evinces Rennell Price's ability to learn. Add the fact that he also says—correctly—that IQ is affected by deficits in education, and Rennell's actual intelligence may be higher than either score suggests.'
'What about the relationship,' Bond inquired, 'between Mr. Price's alleged retardation and the reputed acts of abuse he suffered as a child, and in juvenile hall?'
'In my opinion there is no relationship. I also note that the specific assertions of abuse rest almost entirely on the deposition of Payton Price, whose credibility may be suspect . . .'
'What about the burn marks on Rennell's buttocks?' Chris murmured in disgust.
'Nonetheless,' Kuhl continued, 'let's take Payton's word as gospel. Abuse may affect a defendant's psychological makeup—even, perhaps, his sanity. But I find no evidence that the alleged abuse affected Rennell's IQ. And no one argues he's legally insane—Rennell Price clearly knows the difference between right and wrong.' Kuhl's tone softened, evincing regret for his obligations as a truth teller. 'Any abuse merits our sympathy as fellow humans, but it doesn't equate with mental retardation.'
Bond nodded in agreement. As though emboldened, Kuhl added, 'There's another thing I'd like to say, as a psychologist who studies the retarded. I accept that the Supreme Court ruled in Atkins that, in itself, retardation militates against the death penalty. But I have some qualms about that kind of generalization.
'In my experience, the majority of retarded people have too much empathy to contemplate a horrible crime against another person. Other retarded people may lack any empathy, or any ability to grasp the finality of murder. So I think we should be leery of making categorical judgments about the retarded, or of assuming that they're less responsible than you or me.'
