98911, People v. Baez

severe personality disorder.”Heinrich noted that Dr. Coleman had diagnosed both antisocialpersonality disorder and personality disorder not otherwise specified.When asked about the use of both diagnoses together, Heinrichanswered, “You can’t do it. I mean, if you have antisocial then youdon’t put another–a personality disorder is one personality disorderso you have to make up your mind whether you have one of the firsteight or the last one [not otherwise specified]. And they’re putting inthe last one which includes features and elements of all the ones priorto that.”Heinrich also opined that defendant did not suffer from antisocialpersonality disorder. According to Heinrich, while a person sufferingfrom antisocial personality disorder displays behavior that is“calculated,” “cunning,” and “premeditated,” defendant’s behavior inthis case was “impulsive,” “confused,” and “phobic.” In particular, heopined that defendant had behaved in a “bizarre” manner with respectto the swords he used in the crime, and that dismemberment was notconsistent with antisocial personality disorder. He also opined thatdefendant was not a “real sociopath.”Heinrich noted that defendant was taking several psychotropicmedications at the time of the hearing. Heinrich explained that Dr.Kelly, who had evaluated defendant’s fitness to plead and besentenced, believed the medications were necessary to keep defendantfit.At the end of Heinrich’s direct testimony, defense counsel askedHeinrich, “Doctor, in your opinion on the date of the death of Mr.Estrada and Miss Mena, was Teodoro Baez suffering from an extrememental or emotional disturbance?” Heinrich answered, “Yes.”On cross-examination, Heinrich acknowledged that he had usedthe term “mixed personality disorder” in his report rather than “nototherwise specified,” but he asserted that the terms referred to thesame thing. The State then asked about antisocial behavior disorder,and Heinrich maintained that defendant did not suffer from thatdisorder. He agreed that the DSM lists four criteria for a diagnosis ofantisocial personality disorder, and the State asked about eachcriterion individually. The first criterion is that the patient display a“pervasive pattern of disregard for and violation of the rights of-30-