'No.'
'Then you're not aware that the records of the physical exam given Rennell upon his arrival at San Quentin revealed symmetrical burn marks on his buttocks?'
'I am not.'
Terri folded her arms. 'Did Mr. Pell ask you to form any opinions regarding whether Rennell was abused, or concerning the degree of his reliance on Payton?'
'No.'
'So your observation that there was no real evidence of abuse outside of Payton's testimony was just a bonus you decided to throw in?'
Kuhl folded his arms. 'What I said, Ms. Paget, is that I don't believe that abuse relates to mental retardation.'
'Really? So, in your opinion, even the most severe abuse won't make a retarded person even more prone to fright, or confusion?'
'I wasn't asked to form an opinion on that.'
'Were you asked to consider whether abuse might contribute to the potential sleep disorder described in Payton's deposition?'
'No.'
'So you have no insight to offer us on Rennell's sleep patterns, or the likelihood he was fast asleep on the day that Thuy Sen died.'
'No.'
'No,' Terri repeated coldly. 'This morning, you offered us a critique of Atkins. One of the reasons the Supreme Court gave in Atkins for barring the execution of the mentally retarded was that retarded people have a harder time comprehending the legal system. In this case, the case of Rennell Price, an allegedly retarded man about to be executed, did you try to determine whether he was capable of understanding—and waiving—his lawyer's conflict of interest in also representing Payton?'
'No, Ms. Paget. The Attorney General's Office didn't ask me to address that.'
Returning to the defendants' table, Terri glanced at a piece of paper. 'Having met Rennell Price, do you—as a professional—honestly believe that he got it when Judge Warner asked, 'Do you understand that, by employing Mr. James to represent you both, you assume the risk that he may not represent your individual interests as effectively as separate counsel?' '
Kuhl shook his head. 'I need to know more, Ms. Paget. For example, how well did the lawyer explain to Rennell his choices—'
'He didn't,' Terri snapped. 'Assuming that fact, how would you evaluate Rennell's ability to comprehend the judge's admonition?'
'That's beyond the scope of my opinion.'
'Isn't everything? Yet you also offered Rennell's orderly existence in prison as evidence of his adaptive skills. Precisely what skills does that existence require?'
'Conformity to rules, among other things.'
'What rules are there, Dr. Kuhl? 'Stay in your cell' . . . ?'
'All right,' Bond interjected. 'If you have a question to ask the witness, ask it with respect.'
Not so easy, Terri wanted to say. But Kuhl was shaken now, and she did not wish to give him time. 'All right,' she said. 'Can retarded people take showers?'
'Of course.'
'Can they eat meals put through the meal slot?'
'Of course.'
'Can they go to the bathroom unassisted?'
'Yes.'
'Can they go where they're told when they're told?'
'Yes.'
'Impressive,' Terri said coolly. 'Isn't it true that the simplified existence of an inmate in solitary confinement presents far fewer challenges or surprises to the retarded than does the outside world?'
Kuhl regarded her with a closed expression. 'It presents fewer variables . . .'
In the quiet of the courtroom, someone laughed again. Bond crisply banged his gavel. 'You showed us a videotape,' Terri said mildly, 'in which Rennell attributed his academic failures to not trying. What role did this self-evaluation play in your opinion that Rennell is not retarded?'
Kuhl frowned again. 'My primary reliance was testing, and his adaptive skills. My only point was that Rennell Price provided an alternative explanation for his poor performance—'
'Pretty dumb, wasn't it? I mean, here's the prisoner who may well die unless this Court finds him retarded, and he keeps on insisting that he's not.'
'It struck me as a matter of pride, Ms. Paget. Rennell Price did not want to be taken for something which he doesn't believe he is.'
Terri gave him a dubious smile. 'Isn't it true, Dr. Kuhl, that retarded people often resist acknowledging their
