Clash of experts continues in Liburd trial
An American psychologist told a Supreme Court jury yesterday that accused murderer George (Messy) MacDonald Liburd appeared to be no different any other ?average prison inmate? in the weeks after he stabbed to death his former girlfriend Chena Trott.
Dr. James Buccigross, the former Westgate psychologist and former director of the Alternative Substance Abuse Programme (ASAP), told the court yesterday that Liburd was sleeping and eating without any interruption in the weeks after he killed Ms Trott, and appeared to be a mentally stable person.
Although he agreed with defence witnesses that Liburd has an anti-social personality disorder, Dr. Buccigross said individuals diagnosed with these disorders can be rational and goal oriented about their actions.
The trial continues next week and has moved at a slow pace as lawyers argue over the psychological evidence presented to the court and over the qualifications of the four psychological experts who will be giving their expert opinions of Liburd?s state of mind at the time of the killing.
Liburd, 32, has pleaded not guilty to murdering Ms Trott at the Crawl Esso Tigermart on August 9, 2002. He has pleaded guilty to manslaughter with diminished responsibility meaning defence lawyers must convince the five-man, seven-woman jury that at the time when he killed Ms Trott he suffered from an abnormality of the mind which impaired his mental judgement.
Prosecution lawyers do not accept the plea and have argued that Liburd was a psychopathic individual who went to the gas station that day with the intent to kill Ms Trott, the mother of three children.
The witnesses have presented psychological reports on Liburd since the case revolves around whether or not he was capable of forming the intent to kill Ms Trott ? a crucial element of the law which distinguishes murder from manslaughter.
This week the jury heard expert testimony from defence witnesses psychiatrist Dr. Paul Harlow and British psychologist Dr. Ian Anderson ? who assessed Liburd?s mental status before the case came to trial.
According to these doctors, Liburd perfectly fits all the criteria for a severe anti-social personality disorder which led him to kill Ms Trott and exhibit the behaviours of a dangerous, delusional and psychopathic individual.
They also told the jury that he suffered from the syndrome of morbid jealousy ? a disease of the mind which can lead to irrational and violent behaviour, and is very dangerous when combined with a low IQ level found in the defendant.
Dr. Buccigross, who now works as a forensic psychologist for the Ohio Department of Corrections in the United States and left Bermuda last year, told the court yesterday that Liburd was placed on suicide watch in September 2005 due to the nature of the case.
Liburd was interviewed and appeared to be in stable condition since he was eating and sleeping without any difficulty, said Dr. Buccigross.
?His main concern was what was going to happen to him from that point on,? said Dr. Buccigross.
?He did not appear to be particularly different from any other ?average? inmate.?
Dr. Buccigross agreed with the other psychologists that Liburd had an anti-social personality disorder, however, he said people with these disorders can be rational, clear thinking and goal oriented and do not default into fits of rage or misbehaviour where they can not think clearly.
?The behaviour is directed at what I want, as opposed to the train running off the track, its the train running further on the track, it is goal directed,? he said. ?It?s behaviour which is intended because it works for them.?
He added that during the interview and assessment there were no indicators that Liburd was mentally retarded or suffering from a retarded perception of understanding, judgement and will.
During cross examination by Liburd?s lawyer, John Perry, QC, Dr. Buccigross admitted that actions can be the result of an abnormality of the mind and volitional acts can be the result of a mentally disabled mind.
Mr. Perry also suggested that Dr. Buccigross, whose membership in the American Psychological Association has lapsed over the last three years, was not comfortable giving evidence.
In a letter presented to the court, written by Dr. Buccigross to the then Assistant Commissioner Randell Woolridge, he wrote that prison psychologists should not be assessing inmates because of the conflict of interest as outlined by guidelines of the American Psychological Association.
In the letter he said he evaluated Liburd since there was no other facility or professional who was able to perform the interview at that time.
Dr. Buccigross wrote that future assessments should be done independently, and Mr. Perry suggested the association precluded him from using the report in a court of law.
Dr. Buccigross, responded that he could give testimony since he was no longer in employee who faced a conflict of interest concerning the defendant.
Ms Trott, 33, was stabbed by Liburd six times at the gas station as two fatal stab wounds in the heart and the lung caused her to lose significant amounts of blood.
Eye witnesses at the gas station tried to save her life, however, Liburd fended them off with a knife.
According to Police statements Liburd said he would kill Ms Trott again if he had the opportunity.
