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30.06.2014

Prosecutor Seeks to Discredit Defense Experts in Nanny Trial

Stuart Silberg, a Manhattan prosecutor, entered State Supreme Court in Manhattan to continue the cross moncler sale outlet examination of an expert defense witness in the murder trial of Yoselyn Ortega, a former nanny accused of killing two children in her care moncler online store in moncler outlet prices 2012.

The psychiatrist, Dr. Karen Rosenbaum, endured four days of cross examination in State Supreme Court in Manhattan, defending her theory that the nanny, Yoselyn Ortega, was not in her right mind during the murders. Hour after hour, the jury watched a determined assault on her credibility, as the lead prosecutor, Stuart Silberg, parsed nearly every line of her report, probing for inconsistencies and false assumptions.

Dr. Rosenbaum was the first of two mental cheap moncler jackets womens health moncler outlet woodbury professionals to testify this week that Ms. Ortega was in such a state of extreme psychosis hearing Satan command her to kill that she did not comprehend her actions or even remember them. Their opinions form the backbone of her insanity defense.

The second defense expert was Dr. Phillip J. Resnick, a celebrated forensic psychiatrist who testified in the Unabomber trial and the trial of James uk moncler sale E. Holmes, who killed 12 people at a movie theater in Aurora, Colo. Taking the stand on Thursday and Friday, he backed up Dr. Rosenbaum’s diagnosis, saying Ms. Ortega “was frankly psychotic all that day.”

Ms. Ortega has pleaded not responsible by reason of mental disease or defect. To prevail, she must prove that her mental illness prevented her from understanding the consequences of her actions or knowing they were wrong. If a moncler outlet online jury agrees, she would uk moncler outlet be committed to a secure moncler womens jackets psychiatric facility. If convicted, she faces life in prison.

The outcome of the trial hinges almost entirely on the testimony of experts for both the defense and the prosecution, who have different opinions about Ms. Ortega’s state of mind at the time of the slayings. The defense rested its case on Friday, and the district attorney was expected to call its experts on Monday.

Prosecutors have said that Ms. Ortega may have been depressed, but her actions that day show she planned to kill the children because she resented their mother and felt cheap moncler jackets overworked.

Dr. Resnick testified she had succumbed the day of the murders to hallucinations that the Devil was commanding her to kill the children, and suffered from a dissociative episode, meaning she was not aware moncler outlet sale of what her hands were doing.

Dr. Resnick testified that Ms. Ortega told him after the stabbings that she believed “God understood that the Devil had controlled her,” and would let her moncler sale go to Heaven, and not hell.

Two psychiatrists testified this week that Ms. Silberg worked to discredit the evaluations moncler outlet of both psychiatrists, pointing out that Ms. Ortega had no documented record of mental illness and her family members only started to report her hallucinations and psychotic thinking after the killings.

Pressed on cross examination about his theory, Dr. Resnick, who interviewed Ms. Ortega twice in 2013, sought to dispel the idea that all people suffering from mental illness are obviously ill. “It’s a common myth that psychotic people are like babbling idiots raging around stabbing the wall,” he said. “That’s not how psychosis works.”

Dr. Rosenbaum, who has never served as an expert witness at cheap moncler coats mens a trial, was at times evasive and appeared flustered as Mr. Silberg, a veteran prosecutor, scoured her analysis of Ms. Ortega, her handwritten notes, her research and prior testimony for inconsistencies and minor misstatements.

Their tempers flared, and they shouted at one another, leading the judge to intervene.

“It’s a classic way of attempting to show that the expert opinion is not empirically discount moncler jackets sound,” said Frederick L. Sosinsky, cheap moncler sale a Manhattan defense lawyer who has argued insanity in two murder cases.

Mr. Silberg noted that Dr. Rosenbaum did not speak to anyone other than Ms. Ortega’s family and friends who had interacted with her in the days before the killings, including Dr. Thomas Caffrey, a psychologist who met with her three days prior.

He also asked why Dr. Rosenbaum had not interviewed a doorman whom Ms. Ortega had asked if Ms. Krim was home minutes before the slayings or a building superintendent who saw the nanny in the bathroom immediately after the deadly moncler outlet store attack.

“Your specific role in this case is to determine if she had substantial capacity moncler www.monclerdownjacket.biz uk outlet to understand the nature and consequences of her actions when she killed the children, yes or no?” Mr. Silberg cheap moncler jackets mens said sharply. “And you’re saying that the observations of a person standing in the doorway moments after she has killed the children would not have given you any insight into what her capacity was at moncler usa the time?”

Dr. Rosenbaum explained that she relied on police reports that included comments from the doorman and the superintendent, and she referred to Dr. Caffrey’s notes for her review..

Dr. Rosenbaum also acknowledged during Mr. Silberg’s questioning that Ms. Ortega was “not a reliable reporter.” She admitted Ms. Ortega had given shifting accounts of events. best moncler jackets For instance, Ms. Ortega told another psychologist that she took the children to get ice cream and to Central Park instead of going to a ballet moncler sale online class as planned. But she told Dr. Rosenbaum that they returned to the Krim apartment because Lucia needed to use a bathroom. “How do you figure out what to believe?” Mr. Silberg asked pointedly.

Dr. Rosenbaum’s analysis also included an monclerdownjacket account from Ms. Ortega’s niece, Jacqueline Severino, about her aunt’s odd behavior. But Ms. Severino, who had no children at the time, had provided the Krim family a phony reference to help Ms. Ortega get the job.

Mr. Silberg asked Dr. Rosenbaum if she had considered the possibility that Ms. Ortega’s relatives had a motive to lie. She replied that she believed the relatives had been as “accurate as they could.” “Lying is a possibility I rejected in this case for every witness,” she said.

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