1. The Government's Witness is Hearing Voices! Presented by Keith Williams of the Law Offices of Keith A. Williams, P.A.

2. Email: kwlaw@earthlink.net Phone: 252.931.9362 Acknowledgments Sean Devereaux: 1999 Wake Forest Criminal CLE Seminar Manuscript Dr. John Warren, Ph.D: 2000 Federal CJA Seminar Manuscript

3. Email: kwlaw@earthlink.net Phone: 252.931.9362 Introduction Government’s Witness has Mental Health “Issues” Obtain Treatment Records Use Records to Challenge Witness Competency Use Records to Cross-Examine Witness Use Records as Basis for Obtaining Expert Witness Assistance

4. Email: kwlaw@earthlink.net Phone: 252.931.9362 Government’s Witness has Mental Health “Issues” Client may know Witness and may have heard of potential mental health issues You may spot it in discovery You may spot it through observing the witness Key: finding out that Witness receives treatment at XYZ Mental Health Center

5. Email: kwlaw@earthlink.net Phone: 252.931.9362 Obtain Treatment Records Ex Parte Motion for Subpoena; consider privilege issues Fed. R. Crim. Pro. 17(b) Subpoena to Records Custodian of XYZ Mental Health Center Custodian produces records in camera to judge Judge decides whether to release

6. Email: kwlaw@earthlink.net Phone: 252.931.9362 Use Records to Challenge Witness Competency Witness not competent to testify because mental health problems make Witness unable to recall facts or unable to understand the duty to tell the truth Object before AND after the witness testifies United States v. Odom, 736 F.2d 104 (1984)

7. Email: kwlaw@earthlink.net Phone: 252.931.9362 Use Records to Cross- Examine Witness Walk Witness through what Witness told mental health counselor Hearing voices Seeing imaginary people Attempting suicide But be careful – jury will hold it against you if you beat up on Witness

8. Email: kwlaw@earthlink.net Phone: 252.931.9362 Use Records to Get Expert Witness Assistance Ex Parte Motion for Psychologist to testify as defense witness Psychologist can review Witness’ mental health records and testify that Witness cannot be believed 18 U.S.C. 3006A(e)(1)

9. Email: kwlaw@earthlink.net Phone: 252.931.9362 So What Happened in My Case? Witness found competent to testify; a low standard! Defense attorney conducted brilliant cross-examination Psychologist testified that Witness was unreliable But... Client’s confession hurt us! Client convicted