COMMONWEALTH OF MASSACHUSETTS
NORFOLK, ss. SUPERIOR COURT
No. 9518-24
COMMONWEALTH
v.
JOHN SALVI
Dedham, Massachusetts
Monday, July 24, 1994
Before: Dortch-Okara, J.
TRANSCRIPT OF COMPETENCY HEARING
APPEARANCES:
John Kivlan & Marianne Hinkle, Assistant District
Attorneys, For the Commonwealth
J.W. Carney, Jr. & Janice Basil, Esqs.,
For the Defendant
John Lachance, Esq., Amicus Curiae
Catherine P. McEllin, CSR, RPR
Official Court Reporter
Norfolk County Superior Court
Dedham, Massachusetts, O2O26
INDEX
Witnesses: Direct Cross Redirect Recross
Phillip Resnick 6 65
Monday, July 24, 1995
[Defendant present with his counsel]
THE CLERK: Your Honor this is Commonwealth v.
John Salvi.
Could I have counsel identify themselves for the record.
MR. KIVLAN: John Kivlan, for the Commonwealth.
MS. HINKLE: Marianne Hinkle for the Commonwealth.
Good Morning.
THE COURT: Good Morning.
MR. KIVLAN: Good Morning.
MR. CARNEY: Good Morning, Your Honor.
J.J. Carney, Jr., co-counsel for John Salvi.
MR. LACHANCE: John Lachance, by appointment of Court, legal
counsel.
THE COURT: Good Morning.
Are we ready.
MS. HINKLE: Yes, Your Honor.
Your Honor, the Commonwealth, for purposes of this hearing, would like to
file with the Court a competency report authored by Joel Haycock, May 8, 1995
report, Joel Haycock, May 26, 1995, a set of Notes of Dr. Haycock that are
listed as A through F.
A video tape which contains the two arraignments, one in the state court
in Virginia, and one in the state court here in the Commonwealth of
Massachusetts of Mr. Salvi.
I also, Your Honor, am awaiting transcripts of Mr. Salvi's Federal
arraignment and Federal court hearing. They simply are not here. They will be
here in a matter of moments.
It's the Commonwealth's position, Your Honor, that those documents in
total establish far beyond a preponderance of the evidence Mr. Salvi is
competent to stand trial.
THE COURT: You are offering these as exhibits.
MS. HINKLE: I am, Your Honor.
THE CLERK: The notes and Dr. Haycock's notes are Exhibit No. 1. The
video
tape is Exhibit No. 2.
THE COURT: The notes and reports.
[Exhibit No. 1, Notes & Report
and Exhibit No. 2, Tape, were marked and
received in
evidence]
MS. HINKLE: The Commonwealth believes that establishes the
Commonwealth's
burden.
THE COURT: The Commonwealth is calling no live testimony.
MS. HINKLE: No, Your Honor, we are not.
THE COURT: Yes, Mr. Lachance.
MR. LACHANCE: Your Honor, over those circumstances, the amicus counsel
would call Phillip Resnick.
PHILLIP RESNICK [Sworn]
DIRECT EXAMINATION
Q [By Mr. Lachance] Good morning, sir.
Could you tell us your name and spell your last name for
us.
A. Phillip Resnick. R-E-S-N-I-C-K.
Q What is your profession?
A. I am a physician specializing in psychiatry.
Q And what current employment positions do you hold?
A. I am a professor of psychiatry Case Western Reserve University
School
of Medicine.
I also serve as a part-time director of the Court Psychiatric
Clinic
serving Cleveland, Ohio.
Q Could you tell us the function of that court psychiatric clinic that
you
supervise?
A. Yes.
It is a clinic and we evaluate over eight hundred fellows,
three
hundred misdemeanors each year for issues such as competency to stand trial,
sanity at the time of the act, and presentence evaluations.
Q Would you tell us a little bit about your education and training,
sir.
A. Yes.
I have a bachelor's degree in psychology and M.D. from Case
Western
Reserve University 1963. One year internship and three years of psychiatry
residency at University Hospital of Cleveland.
Q And do you hold any board certifications, sir?
A. Yes.
I am certified by the American Board of Psychiatry and
Neurology since
1971.
Q Do you have any other board certifications, sir?
A. Yes.
I am certified by the American Board of Forensic Psychiatry
in 1979 and
have what is called an added qualifi
