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May 19th, 2009 - Neurologist: Mistakes Made in Ex-Soldier’s Tests

News article from the Associated Press

News blog from the Steven Green Trial Blog

Summary of the Mahmudiya Massacre

Neurologist: Mistakes Made in Ex-Soldier’s Tests

 

By Brett Barrouquere

Associated Press

May 19, 2009

 

Paducah, Ky. - It's nearly impossible to tell if a former soldier convicted of killing an Iraqi family has brain damage because of the method used to scan his brain, a neurologist testified Tuesday.

 

Dr. Helen Mayberg, a professor at Emory University in Atlanta, said the wrong protocols were used during an MRI of former Pfc. Steven Dale Green. Instead of what amounted to a complete scan of Green's brain, his MRI included pauses between each scan, Mayberg said.

 

The group he was compared to consisted of full brain scans, rendering any comparison between Green and the group invalid, Mayberg said.

 

"He was done differently," said Mayberg, the final witness for the prosecution. "It's no big surprise that there are some areas that look different."

 

Mayberg's testimony closed the penalty phase of Green's rape and murder trial. Jurors will hear closing arguments on Wednesday about whether Green, 24, of Midland, Texas, should be sentenced to death or imprisoned for life.

 

The jury convicted Green on May 7 of raping and killing 14-year-old Abeer Qassim al-Janabi and shooting her family to death in March 2006, near Mahmoudiya, Iraq, about 20 miles south of Baghdad.

 

Prosecutors called Mayberg to the stand to rebut the May 12 testimony of Ruben Gur, director of neuropsychology at the University of Pennsylvania School of Medicine.

 

Gur, called by the defense, reviewed a 2008 MRI and found Green has brain damage. He made the diagnosis after comparing Green's MRI to scans from 41 other men of roughly the same age without brain injuries. People with such injuries have "major difficulties" restraining their impulses, he said.

 

"They won't have the brakes and they'll be easily aroused into action," said Gur, who is not a medical doctor.

 

On Tuesday, Mayberg said the method used for Green's MRI was substantially different from the method used on the 41 other men. Those differences mean a comparison between Green and the group is invalid, Mayberg said.

 

Defense attorneys have argued that Green's lack of impulse control was a factor in him taking part in the slayings of the al-Janabi family.

 

Defense attorney Scott Wendelsdorf, while questioning Mayberg, said MRI's don't necessarily tell the entire story of what is happening in someone's brain.

 

"A normal MRI doesn't mean nothing is wrong with a brain, does it?" Wendelsdorf asked.

 

"That's a very true statement," Mayberg said.

 

Green, who is in federal custody, is being tried in civilian court in western Kentucky because he was discharged from the military before criminal charges were brought.

 

Green was assigned to the Fort Campbell, Kentucky-based 101st Airborne Division when the crimes were committed.

 

External link: http://www.chron.com/disp/story.mpl/ap/tx/6431473.html


Calm Before The Storm - Day 15

 

By Evan Bright

Steven Green Trial Blog

May 19, 2009

 

If I tried to tell you that my "young" mind wasn't beginning to show signs of wear from doing this for ... nearly three weeks now, I'd be lying. Regardless, if you have any ideas about what I should do with this blog or what should become of it after the trial is over, please comment or email me.

 

The defense rested today. While some were surprised that the jury would not get to hear testimony from any of Green's direct family, while others expected it.

 

For the prosecution, Jim Lesousky called a single rebuttal witness, as previously predicted. Dr. Helen Mayberg, a clinical neurologist at Emory University, was called; Dr. Ruben Gur was also listening via muted phone so as to hear what her response to his testimony would be.

 

Mayberg was called to respond to the testimony of Gur. She told the court of her medical degree from USC and of her certification in neurology. Her testimony did not last nearly as long as Gurs. She told the jury that "testing one person deemed possibly mentally disabled ... against a control group of forty-one 'healthy' people, would not always produce accurate results." She told the court that she did not note the same variations within Green's MRI that Dr. Gur previously testified to the jury. She also testified that in Gur's study of the forty one "healthy" subjects, they were tested using MRI's of a 1.5 tesla strenth, as well as two other measurements/settings that were to equal or be set to "one;" she told the jury when Gur reviewed Green's MRI, he failed to notice that his MRI was given at a 3.0 tesla strength, and that the two other aformentioned settings were also different, meaning that Green's MRI would not have matched the control group results regardless. For the most part, the defense has been excellent, but if they've ever suffered a setback, this would be it.

 

For the defense, Scott Wendelsdorf crossed Dr. Mayberg on her witness history and her pay grade. She admitted that in her "twenty plus" years of testimony, she had never testified for the defense, only prosecution. She also admitted that while amount of pay doesn't affect her testimony, she was getting paid $500 per hour of testimony today.

 

Just after the judge stipulated the jury on a few menial matters, court adjourned at 10:50AM. Prosecution and Defense needed time to prepare both closing statements and to agree on jury instructions.

 

Closing statements start at 9AM sharp tomorrow, Wednesday, May 20th. After completion, the judge will instruct the jury and the waiting game will begin. Personally, I'm predicting that we'll have a verdict by this time (9:05 PM CST) tomorrow. I, Evan Bright, am also predicting a sentence of life in prison, one way or another.

 

External link: http://trialcoverage.blogspot.com/2009/05/calm-before-storm.html

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