Answer Brief of Appellee - Florida State University College of Law

Hoskins’ PET scan was conducted in 1998, but Dr. Wood
believes Hoskins’ brain abnormality existed prior to the 1992
murder of Mrs. Berger. (R1031). 7
The consequences of a person with frontal lobe dysfunction
experience “poor judgment, lack of restraint, and immaturity.”
(R1033). Hoskins’ case was “very rare” due to “EEG evidence of
incoherence ... the frontal lobe findings ... the history of
some impulsive and hard-to-explain behavior, and the [PET]
scan.” (R1034).
On cross-examination, Dr. Wood said he did not conduct a
psychiatric interview with Hoskins nor did he get a family
medical history or conduct any neuropsychological tests prior to
the PET scan. (R1038). He does not know what Hoskins’ daily
activities entail and has never interviewed him. (R1064).
Dr. Harry Krop, a psychologist, conducted a
neuropsychological assessment on Hoskins in 1993. (R1100, 1106). 8
He assessed his overall intellectual ability and neurological
functioning with regard to any impairment. (R1136). He reviewed
school records, police reports and documents, and a deposition
of Dr. Gary Weiss, a neurologist. (R1138). School records
7
There was no indication of any head trauma between 1992 and
1998. (R1032).
8
In addition, he evaluated him in 1994, 1998, and 2003. (R1108).
The 2003 evaluation supported his original diagnosis of frontal
lobe impairment. (R1114).
13