an institution, he seeks no psychiatric help for this self-induced condition.
Following the conduct concerning which the sister testified, defendant was encouraged by her to seek help or to go to a hospital. He refused.
With respect to his expressed fear of persecution because, as he put it, the police were after him, the doctors attached diagnostic significance to this at first but thereafter following repeated conferences, after evaluating his life adjustment when not in an institution, determined that there was in fact a realistic basis for his apprehension and consequently it was not an indication of mental illness. Defendant stated he had expensive tastes in clothes, shoes, and drugs and no steady employment sufficient to produce the income necessary to procure them. Accordingly, he committed criminal acts for the reason that he needed money. At the staff conference, the defendant pointed to the shoes which he was wearing and stated that they cost $ 65 and that his suits usually cost at least $ 100.
Observation of this defendant by ward and staff personnel at St. Elizabeth's has been close because of his self-mutilation attempts. These, he conceded, were undertaken to convince the doctors that he was suffering from a mental illness and this in turn flowed from a desire to stay in the Hospital rather than return to Jail.
Defendant has explained to the doctor that he has three choices-going on the street where he would constantly be sought by the police because of his criminal activities or two, going to Jail where the guards are likely to pick on him because his older brother killed a guard at Lorton or three, staying in a mental hospital.
On cross-examination, Dr. Kunev was questioned about defendant's prior work record. He related that this was explained by defendant as resulting from a police record, lack of education, expensive tastes, including use of drugs which precluded his reliance on the meager income he could gain from lawful employment. When questioned about the administering of tranquilizers at St. Elizabeth's Hospital to the defendant, Dr. Kunev stated that this was not for the treatment of a mental illness but to minimize the possibility of self-mutilation.
The Court finds that defendant was not at the time of the crime alleged suffering from a mental illness. The Court accepts the testimony of Doctors Kunev and Platkin for the reason that they had a much more extensive opportunity of observing, interviewing, and studying the pertinent records in defendant's case than did the private psychiatrist on whose testimony defendant relied.
Accordingly, the Court finds defendant guilty beyond a reasonable doubt as charged.
The matter is referred for presentence investigation and report.
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