Owen Warrant Update: After two days of testimony, Bradford County ruling expected by Tuesday.
After another full day of testimony, the Bradford County trial court concluded the evidentiary hearing. A written ruling is expected no later than Tuesday morning.
The evidentiary hearing continued in Bradford County today.1 Court started at 9:00 a.m. and ended at 4:00 p.m. with a brief break for lunch.
Per the Court’s ruling yesterday, Duane Owen was present in-person again. He appeared the same as yesterday—seated next to counsel’s table in shackles and handcuffs with an orange shirt and blue pants.
As with yesterday, this is not exhaustive.
UPDATE 6/5: The transcript from the hearing is available here.
For updates as things unfold in between posts, follow Tracking Florida’s Death Penalty on Twitter.
Lisa Wiley
First, the defense called Lisa Wiley, who testified virtually.2
She is retired from the Department of Corrections (May 1989-2016), where she worked as a psychological specialist. She started on death row in 1992 and left at the end of 2005. At one point, she provided psychological support to all prisoners on death row.
Ms. Wiley last treated Owen in the 90s and said she saw him at least once a month during her time on death row.3 She testified that Owen referenced concern about his male genitalia in the 90s and acting in an effort to hide it. She testified that Owen did not share this information with guards at the prison. She also testified about instances where Owen made attempts to dress and appear as a woman.
She, along with her supervisor, diagnosed Owen with gender identity disorder.
On cross-examination, the State suggested that Owen only came up with this information in preparing for the 1999 retrial in the Slattery case.4 Ms. Wiley said she always accepted information from prisoners in good faith. She testified that Owen did not present as a person with Schizophrenia.
Prior Defense Counsel
Second, the defense called one of Owen’s defense attorneys from a prior case, who testified virtually.5
When asked if Owen was protective of his own life, she said she doesn’t know what that means.
State: “He didn’t want the death penalty?”
Hanson: “No one wants the death penalty.”
This testimony referenced a prior case in which Owen sought to have his name changed.
Danny Halsey
The third witness was Sergeant Halsey from Florida State Prison (FSP). He’s worked for the Department of Corrections (DOC) for six years. He’s the death watch Sergeant, which duties include:
30 minute checks
assisting the death watch inmate with shaving/showering
giving the death watch inmate meals
Sergeant Halsey testified he’s not seen any changes in Owen since he came to death watch on May 9 and testified his mental abilities are just as good as everyone else who’s been on death watch.
Sergeant Halsey said that they keep a strict schedule on death watch. He explained Owen’s daily schedule as:
8:25-4:00 or 5:00 - reading and writing
4:00 or 5:00 until 10:00 or 11:30 - watch TV
10:00-11:30 - lights out
He further testified that Owen currently has a dictionary and encyclopedia in his cell and recently finished a novel. (This is consistent with testimony from yesterday.) Sergeant Halsey is not sure whether Owen is actually reading the books in his cell.
Sergeant Halsey said that Owen has had visits from friends while on death watch and has not had any trouble communicating with those friends. Sergeant Halsey attends Owen’s visits with friends but does not attend his visits with his attorneys or specialist callouts. He sends letters to friends all over the world. He has referenced someone in Ireland as his “girlfriend.” On cross-examination, the defense suggested this could be more of a friendly term rather than romantic. Sergeant Halsey explained that Owen has said this woman is married, and he’s not sure the meaning of the term as used by Owen.
Sergeant Halsey further testified that Owen has not expressed any confusion as to why he’s on death row and has not displayed any memory issues.
Dr. Wade Myers, M.D.
The State called Dr. Wade Myers, who is one of the three doctors appointed by Governor DeSantis to evaluate Owen. He testified he’s been appointed by the governor to serve on one of these commissions approximately 10 times. In none of those cases did he find that the prisoner was incompetent for execution. He testified he doesn’t know if he would be appointed again if he found someone to be incompetent.
Dr. Myers described the room in which the Commission conducted its evaluation as a “good size room” with a table and a window. He said it was a “comfortable” room for an interview. He said the evaluation was “95 to 100 minutes in length.” He said that was sufficient for answering the question at hand.
The Commission also interviewed five other individuals for 10-15 minutes each.
For the documents he reviewed, he said he did his best to review the documents provided to him related to Owen’s mental illness. He testified that, as of 2003, Owen was classified as a S-1.6
Dr. Myers said he brought malingering tests but did not conduct them on Owen. He explained that he didn’t believe the tests would produce accurate results and that the person completing the test could have “ulterior motives” in completing the test. Therefore, Dr. Myers did not believe the tests “would . . . add anything more to [the Commission’s] clinical assessment.” The Commission’s conclusion on malingering was based on (a) a review of materials, (b) clinical evaluation, and (c speaking with people who know Owen.
Dr. Myer’s explained his understanding of Owen’s childhood was that it was pretty good until his mother died.7
As to Owen’s delusions, Dr. Myers said he “described some beliefs” that Dr. Myers did not believe were delusions. He called them “odd beliefs” and described them consistent with the delusions other doctors have described. He used the word “fantastical” in explaining these “odd beliefs.”
Dr. Myers said he’s using the term “belief” loosely. Dr. Myers defined “delusion” as “a false fixed belief that does not comport with reality in terms of what the average person would believe could be reality.” He said they can be related to anything and are pervasive in one’s life.
As to Owen’s “beliefs,” Dr. Myers said that this “delusion” came on years after the murders and “gives him an explanation why he was committing these sadistic homicides and just happens to make him ineligible to receive capital punishment.” Dr. Myers also testified that it’s his opinion that Owen gets “sadistic satisfaction” from the types of crimes he committed. He also noted that Owen is not being treated.
Dr. Myers said that Owen believes he’s a woman trapped in a male body and has done cross-dressing in the past. Related to the Commission’s note that Owen has not sought any changes related to the gender dysphoria, Dr. Myers recognized that Owen may not be able to alter his clothing on death row.
Dr. Myers explained that gender dysphoria doesn’t cause aggression, delusions, or cognitive decline. However, Schizophrenia and/or dementia could cause cognitive decline.
Dr. Myers testified that Schizophrenia is one of the most severe mental illnesses a person can have and said that Owen does not exhibit symptoms of Schizophrenia. However, he did testify that symptoms Dr. Eisenstein observed are consistent with Schizophrenia, such as a flat affect. Dr. Myers testified he did not observe this and said Owen exhibited a sense of humor and smiled at times during the evaluation.
As to dementia, Dr. Myers said Owen did not exhibit symptoms of dementia and cited caselaw during the examination.
Dr. Myers said that Owen avoided the word “dead” in reference to the victims but “admitted” that the victims were buried. Owen also indicated their souls were inside of him.
The Commission also discussed the impending execution with Owen, which Dr. Myers said Owen expressed his understanding is related to his killing people.
Dr. Myers said he does not think that Owen has a serious mental illness. He said he does not think Owen has exhibited signs of serious mental illness at any time.
However, Dr. Myers said there’s “no doubt in [his] mind” that Owen has an anti-social personality disorder (ASPD)—which is stated in the Commission’s report. He said he meets “about every criteria there is” for an ASPD.
Regarding the Commission’s report, Dr. Myers said all of the doctors collaborated on the report. However, he wasn’t sure who “put the first draft together.” He said there really weren’t any disagreements among the doctors in preparing the report.
Dr. Emily Lazarou, M.D.
The State called Dr. Emily Lazarou, who is one of the three doctors appointed by Governor DeSantis to evaluate Owen.8 She testified she was trained by Dr. Myers. This was her first time being appointed to examine a prisoner for competency for execution.
Dr. Lazarou testified that she had enough time to reach a conclusion, but she noted at one point that she typically has more time to prepare. She said she doesn’t think she spoke a lot during the examination but then testified that the questions were evenly split among the three doctors.
She spoke with officers at FSP for a few minutes each. The officers at the prison, when asked, said that Owen is polite and never causes issues.
She specifically requested pictures of the victims to see “the brutality” of the murders. Th pictures were shown to the other doctors but not to Owen. She said, “He knew what he did. . . . I’m not there to hurt anyone. I’m not there to thrill anyone.”
Defense: “Are you saying that those photos would’ve given him a thrill?”
Dr. Lazarou: “Probably.” … He ejaculated during these crimes.
Defense: Isn’t that consistent with his delusions?
Dr. Lazarou: “He has no delusions at all. That is a story that he created.”
Dr. Lazarou testified Owen is reporting insanity to try to “get out of the consequences of his actions.” She said it’s “been the same story over and over” but then said it’s not a fixed delusion. Dr. Lazarou testified that Owen didn’t act consistent with these delusions. As to the documents in the record regarding Owen’s prior actions, she said those reflect people merely saying those things. She agreed that other doctors have said Owen has delusions, but she discounted the other doctors’ opinions. She called Owen’s “story” a “ruse.” Dr. Lazarou further testified that if this delusion was real, Owen would’ve tried to attack female officers while in prison.
She said she’s seen over 1,000 people with Schizophrenia, which “is not a common illness.” As to Owen, Dr. Lazarou testified that Owen presented at the Commission’s evaluation with how she expected him and was not consistent with someone who has Schizophrenia. She said he does not exhibit any symptoms of Schizophrenia.
Dr. Lazarou testified that Owen “lie[s] quite a bit.” She testified that the videos of police interrogations showed that he played games with police. “He would play head games with people.” She testified that Owen did not have any feminine mannerisms in the videos, which she would’ve expected from someone who actually had gender dyshporia.
She also talked about poems Owen had written and the “impressive” pro se pleadings he’s filed in the past. She also noted that he has textbooks in his cell.
She said “there is not an insane bone in [Owen’s] body.” Instead, Dr. Lazarou testified that Owen represents two different people—one in prison and one in court.
Dr. Lazarou noted Owen’s failure to be treated for his alleged conditions. She testified that Owen has never been on psychiatric medication. Dr. Lazarou testified that a program for transgenders started at Union Correctional Institution (UCI) at 2017 that did not exist when she worked at UCI.9 She said the program is fairly rigorous and works to accommodate transgender prisoners.
Regarding Owen’s delusions, she explained that people with delusions “live in that world. They can’t turn it off. You’re living there.” She said that’s not how Owen’s delusions are. She said that, instead, Owen’s delusions coincide with and arose because of his 1999 retrial for the Slattery retrial.
As to Dr. Eisenstein’s report that Owen has insidious dementia, Dr. Lazarou testified that was “stunning” to her. She said she kept an open mind going into the examination because it had been years since the prior reports. But then she testified that his communications with people around the world are inconsistent with dementia.
Like the other doctors, Dr. Lazarou testified that it was clear Owen has an ASPD.
As to the impending execution, Dr. Eisenstein said she asked Owen understands what it is and the reasons for it. She said he kept adding other information, to which she said: “I don’t want to hear that.” She said he kept talking about it, but she was able to steer him away from it.
Regarding the Commission’s report, Dr. Lazarou told a similar story to Dr. Myers that Dr. Werner did the first draft and then Dr. Myers created a Google Doc. The report was a collaboration among the three doctors. The document started from the “layout” Dr. Myers and Dr. Werner had from past reports. Unlike Dr. Myers, she said there was some deletions. However, she said she always deferred to the other doctors because they’re her “mentors.”
Dr. Hyman Eisenstein
The defense recalled Dr. Eisenstein in rebuttal. His 13 hours with Owen was approximately split in half between interviewing and testing. He testified there was a significant drop between the IQ score he obtained in testing Owen recently and the IQ score Dr. Dee documented years ago, which indicates cognitive decline.
Dr. Eisenstein described the different types of dementia, stating that it’s a “slow decline” over time. He sees a “significant decline” in Owen over time.
Dr. Eisenstein testified that Owen talking to prison staff about hunting and fishing (i.e., masculine activities) could be an example of him coping and masking his symptoms and delusions. He also testified that all Schizophrenics present differently. He testified that Owen’s “thought diversions” are “well-controlled” but are definitely present. He said Owen has “a chronic belief system” that has not changed and “is certainly bizarre . . . and psychotic.”
Dr. Eisenstein explained that it is very plausible for a person to not share their delusions, especially in prison. He explained the prison atmosphere as:
“If you don’t make trouble, then trouble won’t happen to you.”
Dr. Eisenstein said this is Owen’s approach and that Owen doesn’t want to “draw attention to his inner-thinking processes.”
Dr. Eisenstein also commented on the other doctors’ commenting on other doctors’ determinations, saying that disparaging remarks of colleagues are inappropriate.
Eric Pinkard, Esq.
The defense called Eric Pinkard, one of Owen’s prior defense attorneys who has known him for over 20 years. Mr. Pinkard visited Owen the day after Gov. DeSantis signed the warrant for his execution.
Mr. Pinkard was the attorney who wrote a letter to Gov. DeSantis to invoke the process in section 922.07. (The process is described here.) He observed the Commission’s evaluation of Owen but was asked to leave the room at some point. This was first governor-appointed Commission evaluation he’s witnessed. He testified that the doctors were argumentative and combative during the evaluation and raised their voices with Owen. He further testified that the evaluation became more of an interrogation.
As to Owen’s delusions, he testified that Owen didn’t know that he killed the victims.
NOTE: It was very hard to hear Mr. Pinkard, so I was not able to capture a lot of his testimony.
The hearing ended at 4:00 p.m. after two days. The Court said he intends to enter a written ruling no later than first thing Tuesday morning.
Prior Information on Owen’s Case
The background of Owen’s case can be found here.
Background on the Rule 3.811 process is available here.
The Governor’s Executive Order temporarily staying the execution to allow for the Commission’s examination of Owen is covered here.
The Governor’s determination after the Commission’s report is covered here.
The four-part series on the history of Owen’s mental illness can be found here:
The transcript from the Bradford County’s case management conference on May 26 is summarized here.
An update on the pending litigation as of May 31, 2023, is here.
Owen’s Motion seeking review of the Governor’s determination and the evidence attached to the Motion is covered here.
The first day of testimony in Bradford County is covered here.
My thoughts are with everyone involved in the warrant and execution process.
For updates as things unfold in between posts, follow Tracking Florida’s Death Penalty on Twitter.
As a follow-up to yesterday’s post, one witness was not included in yesterday’s summary because I missed her testimony. She was Owen’s defense attorney in the 1999 Slattery retrial.
I had a call after 30 minutes of Ms. Wiley’s testimony, so this is not complete.
Ms. Wiley testified that all inmates are offered a quarterly opportunity for counseling in confinement reviews, which they get even if they’re not having regular counseling appointments.
The State also suggested this yesterday.
I missed the first portion of this testimony and missed her name.
This is consistent with the records. See Part III of the four-part series on the history of Owen’s mental illness.
For more information about the evidence related to Owen’s childhood, see Part I of the four-part series on the history of Owen’s mental illness.
It was difficult to hear Dr. Lazarou’s testimony at times. She testified she was made aware of her appointment several days ahead of the Governor’s Executive Order appointing her.