Competency bench trial continues for accused PSPD cop killer

A neuropsychologist testified Tuesday that poor verbal skills, along with potential amnesia, may put an ex-con charged with the ambush killings of two Palm Springs police officers “at risk” of being mentally incompetent to stand trial. The closing arguments in the competency trial is scheduled for Thursday at 9 a.m.

{“url”:”https://twitter.com/KWidnerCBSL2/status/912728404016865280″,”author_name”:”Katie Widner CBSL2″,”author_url”:”https://twitter.com/KWidnerCBSL2″,”html”:”&#lt;blockquote class=”twitter-tweet”&#gt;&#lt;p lang=”en” dir=”ltr”&#gt;&#lt;a href=”https://twitter.com/hashtag/FelixTrial?src=hash”&#gt;#FelixTrial&#lt;/a&#gt;: Closing arguments set for Thursday morning at 9 a.m.&#lt;/p&#gt;– Katie Widner CBSL2 (@KWidnerCBSL2) &#lt;a href=”https://twitter.com/KWidnerCBSL2/status/912728404016865280″&#gt;September 26, 2017&#lt;/a&#gt;&#lt;/blockquote&#gt;n&#lt;script async src=”//platform.twitter.com/widgets.js” charset=”utf-8″&#gt;&#lt;/script&#gt;”,”width”:550,”height”:null,”type”:”rich”,”cache_age”:”3153600000″,”provider_name”:”Twitter”,”provider_url”:”https://twitter.com”,”version”:”1.0″}

{“url”:”https://twitter.com/KWidnerCBSL2/status/912727526618759168″,”author_name”:”Katie Widner CBSL2″,”author_url”:”https://twitter.com/KWidnerCBSL2″,”html”:”&#lt;blockquote class=”twitter-tweet”&#gt;&#lt;p lang=”en” dir=”ltr”&#gt;&#lt;a href=”https://twitter.com/hashtag/FelixTrial?src=hash”&#gt;#FelixTrial&#lt;/a&#gt;: Dr. Hilda Chalgujian dismissed from stand. Both defense and prosecution rest.&#lt;/p&#gt;– Katie Widner CBSL2 (@KWidnerCBSL2) &#lt;a href=”https://twitter.com/KWidnerCBSL2/status/912727526618759168″&#gt;September 26, 2017&#lt;/a&#gt;&#lt;/blockquote&#gt;n&#lt;script async src=”//platform.twitter.com/widgets.js” charset=”utf-8″&#gt;&#lt;/script&#gt;”,”width”:550,”height”:null,”type”:”rich”,”cache_age”:”3153600000″,”provider_name”:”Twitter”,”provider_url”:”https://twitter.com”,”version”:”1.0″}

{“url”:”https://twitter.com/KWidnerCBSL2/status/912725719372881921″,”author_name”:”Katie Widner CBSL2″,”author_url”:”https://twitter.com/KWidnerCBSL2″,”html”:”&#lt;blockquote class=”twitter-tweet”&#gt;&#lt;p lang=”en” dir=”ltr”&#gt;&#lt;a href=”https://twitter.com/hashtag/FelixTrial?src=hash”&#gt;#FelixTrial&#lt;/a&#gt;: Dr. C: “It is my opinion that he may be incompetent to assist his lawyer.”&#lt;/p&#gt;– Katie Widner CBSL2 (@KWidnerCBSL2) &#lt;a href=”https://twitter.com/KWidnerCBSL2/status/912725719372881921″&#gt;September 26, 2017&#lt;/a&#gt;&#lt;/blockquote&#gt;n&#lt;script async src=”//platform.twitter.com/widgets.js” charset=”utf-8″&#gt;&#lt;/script&#gt;”,”width”:550,”height”:null,”type”:”rich”,”cache_age”:”3153600000″,”provider_name”:”Twitter”,”provider_url”:”https://twitter.com”,”version”:”1.0″}

{“url”:”https://twitter.com/KWidnerCBSL2/status/912721036868689920″,”author_name”:”Katie Widner CBSL2″,”author_url”:”https://twitter.com/KWidnerCBSL2″,”html”:”&#lt;blockquote class=”twitter-tweet”&#gt;&#lt;p lang=”en” dir=”ltr”&#gt;FelixTrial: “If you can’t get along with me, something is wrong with you.”- John Hernandez Felix describing himself to clinical psychologist&#lt;/p&#gt;– Katie Widner CBSL2 (@KWidnerCBSL2) &#lt;a href=”https://twitter.com/KWidnerCBSL2/status/912721036868689920″&#gt;September 26, 2017&#lt;/a&#gt;&#lt;/blockquote&#gt;n&#lt;script async src=”//platform.twitter.com/widgets.js” charset=”utf-8″&#gt;&#lt;/script&#gt;”,”width”:550,”height”:null,”type”:”rich”,”cache_age”:”3153600000″,”provider_name”:”Twitter”,”provider_url”:”https://twitter.com”,”version”:”1.0″}

{“url”:”https://twitter.com/KWidnerCBSL2/status/912718898675326976″,”author_name”:”Katie Widner CBSL2″,”author_url”:”https://twitter.com/KWidnerCBSL2″,”html”:”&#lt;blockquote class=”twitter-tweet”&#gt;&#lt;p lang=”en” dir=”ltr”&#gt;&#lt;a href=”https://twitter.com/hashtag/FelixTrial?src=hash”&#gt;#FelixTrial&#lt;/a&#gt;: The defense’s expert witness, Dr. Hilda Chalgujian, has given conflicting testimony at least three times this morning.&#lt;/p&#gt;– Katie Widner CBSL2 (@KWidnerCBSL2) &#lt;a href=”https://twitter.com/KWidnerCBSL2/status/912718898675326976″&#gt;September 26, 2017&#lt;/a&#gt;&#lt;/blockquote&#gt;n&#lt;script async src=”//platform.twitter.com/widgets.js” charset=”utf-8″&#gt;&#lt;/script&#gt;”,”width”:550,”height”:null,”type”:”rich”,”cache_age”:”3153600000″,”provider_name”:”Twitter”,”provider_url”:”https://twitter.com”,”version”:”1.0″}

{“url”:”https://twitter.com/KWidnerCBSL2/status/912717164544589824″,”author_name”:”Katie Widner CBSL2″,”author_url”:”https://twitter.com/KWidnerCBSL2″,”html”:”&#lt;blockquote class=”twitter-tweet”&#gt;&#lt;p lang=”en” dir=”ltr”&#gt;&#lt;a href=”https://twitter.com/hashtag/FelixTrial?src=hash”&#gt;#FelixTrial&#lt;/a&#gt;: Prosecution asks Dr. C post blank: “Do you think you have a conflict of interest in this case?” Witness (Dr. C) replies: “No”&#lt;/p&#gt;– Katie Widner CBSL2 (@KWidnerCBSL2) &#lt;a href=”https://twitter.com/KWidnerCBSL2/status/912717164544589824″&#gt;September 26, 2017&#lt;/a&#gt;&#lt;/blockquote&#gt;n&#lt;script async src=”//platform.twitter.com/widgets.js” charset=”utf-8″&#gt;&#lt;/script&#gt;”,”width”:550,”height”:null,”type”:”rich”,”cache_age”:”3153600000″,”provider_name”:”Twitter”,”provider_url”:”https://twitter.com”,”version”:”1.0″}

{“url”:”https://twitter.com/KWidnerCBSL2/status/912714242683371520″,”author_name”:”Katie Widner CBSL2″,”author_url”:”https://twitter.com/KWidnerCBSL2″,”html”:”&#lt;blockquote class=”twitter-tweet”&#gt;&#lt;p lang=”en” dir=”ltr”&#gt;&#lt;a href=”https://twitter.com/hashtag/FelixTrial?src=hash”&#gt;#FelixTrial&#lt;/a&#gt;: Dr. C is law stud. where defense lawyer is dean, is his legal clerk & had access 2 police recs & was called 2 testify as Phsych&#lt;/p&#gt;– Katie Widner CBSL2 (@KWidnerCBSL2) &#lt;a href=”https://twitter.com/KWidnerCBSL2/status/912714242683371520″&#gt;September 26, 2017&#lt;/a&#gt;&#lt;/blockquote&#gt;n&#lt;script async src=”//platform.twitter.com/widgets.js” charset=”utf-8″&#gt;&#lt;/script&#gt;”,”width”:550,”height”:null,”type”:”rich”,”cache_age”:”3153600000″,”provider_name”:”Twitter”,”provider_url”:”https://twitter.com”,”version”:”1.0″}

{“url”:”https://twitter.com/KWidnerCBSL2/status/912713325619830786″,”author_name”:”Katie Widner CBSL2″,”author_url”:”https://twitter.com/KWidnerCBSL2″,”html”:”&#lt;blockquote class=”twitter-tweet”&#gt;&#lt;p lang=”en” dir=”ltr”&#gt;&#lt;a href=”https://twitter.com/hashtag/FelixTrial?src=hash”&#gt;#FelixTrial&#lt;/a&#gt;: We are picking up where we left off yesterday. Does expert witness, Dr. Hilda Chalgujian, have a conflict of interest in case?&#lt;/p&#gt;– Katie Widner CBSL2 (@KWidnerCBSL2) &#lt;a href=”https://twitter.com/KWidnerCBSL2/status/912713325619830786″&#gt;September 26, 2017&#lt;/a&#gt;&#lt;/blockquote&#gt;n&#lt;script async src=”//platform.twitter.com/widgets.js” charset=”utf-8″&#gt;&#lt;/script&#gt;”,”width”:550,”height”:null,”type”:”rich”,”cache_age”:”3153600000″,”provider_name”:”Twitter”,”provider_url”:”https://twitter.com”,”version”:”1.0″}

John Hernandez Felix is accused of fatally shooting veteran training Officer Jose Gilbert Vega, 63, and rookie Officer Lesley Zerebny, 27, last Oct. 8. Criminal proceedings against him have been suspended since May after his attorneys declared doubts regarding his competence.

To obtain a mental incompetency finding from a judge, Felix’s attorneys need to provide “substantial evidence” that their client, who’s being held without bail, does not understand the nature of the criminal proceedings against him and cannot assist them in his defense.

Dr. Hilda Chalgujian, a neuropsychologist, testified Monday that she believes that Felix’s amnesia is “legitimate.” She testified that he told her that he does not recall shooting anyone, though he remembers what brought the officers to his home and recalls his arrest following a 12-hour standoff.

However, she conceded during questioning by the prosecution that Felix could be inventing the memory lapse.

She also said claims of traumatic amnesia were more common in suspects of violent crimes, particularly homicides and attempted homicides, and she could not recall an instance during her career when traumatic amnesia affected the suspect, rather than the victim, of a violent crime.

However, she said that Felix’s “sub-average intelligence” and documented substance abuse could have contributed to poor memory.

Assistant District Attorney Michelle Paradise questioned Chalgujian on her association with defense attorney John Dolan’s California Desert Trial Academy, an Indio-based school where he serves as dean. In addition to practicing psychology for about 30 years, Chalgujian is a fourth-year law student at the academy and works as a law clerk under Dolan, but said she is receiving no compensation for furnishing her report on Felix, nor was she promised anything with regard to her academic career.

Paradise estimated that Chalgujian violated around “75 percent” of the American Psychological Association’s code of ethics in her evaluation of Felix.

Though Chalgujian said Felix’s claimed memory loss could affect his competency, two other psychologists, Drs. William H. Jones and Michael Kania, testified that they felt he was competent to stand trial.

Jones testified that Felix told him he was suffering from hallucinations and “presented himself as a childlike person who did not understand why he was being incarcerated.”

However, Felix’s familiarity with the criminal justice system through his prior convictions was part of what led Jones to conclude that Felix understood what he was facing. Jones said that after talking with the defendant, he “believed (Felix) had more understanding than he was
admitting.”

Jones said there were no indications that Felix suffered any emotional trauma consistent with traumatic amnesia.

Kania testified that Felix said he was aware that he was potentially facing the death penalty and that he didn’t believe Felix was being entirely truthful with him during portions of their interview in July.

Both Jones and Kania also said that even if Felix were diagnosed with amnesia, it should not affect his ability to assist his attorneys.

Felix is accused of shooting Vega, Zerebny and a third officer through the metal screen door of his home when they responded to a family disturbance call. He also allegedly fired on two of their colleagues, who were not struck by the gunfire.

District Attorney Mike Hestrin has alleged that Felix, who’s accused of donning body armor and firing armor-piercing rounds from an AR-15 semi-automatic rifle, specifically targeted police.

“This individual knew what he was doing. His actions were deliberate. He attacked these officers for no other reason than they were there, answering a call for service,” Hestrin said when the charges were announced last fall.

Vega and Zerebny were the first Palm Springs police officers killed in the line of duty since Jan. 1, 1962, when Officer Lyle Wayne Larrabee died during a vehicle pursuit. The only other death in the department was that of Officer Gale Gene Eldridge, fatally shot Jan. 18, 1961, while investigating an armed robbery.

Vega had been with the department for 35 years — five years past his retirement eligibility — and had planned to finish his career last December. He had eight children, 11 grandchildren and five great-grandchildren. Zerebny had been with the department for a year and a half and had just returned to duty from maternity leave after the birth of a daughter, Cora, four months before her death.