Owen Warrant Update: Bradford County hearing in recess until tomorrow.
The Bradford County trial court heard 5 hours of testimony on Owen's competency for execution this afternoon. The court is in recess until 9:00 a.m. tomorrow, when testimony will continue.
As my earlier post covered, Owen’s Motion seeking review of the Governor’s determination that Owen is competent for execution was filed around 8:30 a.m. this morning—hours before the hearing on the Motion. The State filed its response to the Motion just over 30 minutes before the hearing was scheduled to start.
Hearing on Owen’s Motion
Owen was present in-person at the hearing. He was shackled and handcuffed and sat still in a chair next to counsel’s table throughout the hearing.
Below is a summary of the testimony presented at the hearing. Note that the audio was difficult to hear at some points, so this is not exhaustive.
UPDATE 6/5: The transcript from the hearing is available here.
Dr. Hyman Eisenstein
As to the information Dr. Eisenstein was provided and the information he reviewed related to this case, Dr. Eisenstein said that he read as much as he possibly could within the time constraints.
Dr. Eisenstein testified about the testing he conducted on Owen and his examinations of Owen. He said that it took a while for Owen to open up and talk to him about his delusions.
As to the tests he performed, Dr. Eisenstein testified that some of the results were “off the charts . . . abnormal.” According to Dr. Eisenstein, some of the testing was made more difficult by the Department of Corrections (DOC). For example, Dr. Eisenstein testified that he asked for DOC to remove Owen’s arm restraints to allow him to complete a test that included manipulating blocks. DOC did not, which made the test more difficult and required Owen to stand for the duration of the test.
Dr. Eisenstein said that Owen has a “floating profile.” He listed several symptoms exhibited by Owen, all of which he said are consistent with Schizophrenia:
depression
low energy
emotional withdrawal
Dr. Eisenstein explained how the delusions have progressed throughout Owen’s life—that it is a “fixed delusion.” As to when the delusions started, he said “It’s been a while. . . . It’s been ongoing for decades.” He said the delusions were present in the 80s when Owen conducted the crimes. Dr. Eisenstein testified that Owen still believes the women are living in his body. Dr. Eisenstein said, “Nothing has changed over time.”
Dr. Eisenstein also explained how Owen is embarrassed to discuss his delusions and to be in court today but nevertheless cooperates. He explained that Owen is a “passive” person and “not aggressive in any way.” In fact, Dr. Eisenstein said he learned that Owen has kept a very low profile in prison to avoid any backlash from his beliefs. He has “hid[] his desire to be a woman.”
In fact, Dr. Eisenstein explained that the circumstances of being on death watch are “like torture” for Owen—being watched around the clock without privacy.
Further, Dr. Eisenstein testified that he does not find that Owen meets the diagnostic criteria for anti-social personality disorder, with which the Commission appointed by Gov. DeSantis diagnosed Owen.
In its cross-examination of Dr. Eisenstein, the State presented Dr. Eisenstein with several documents that he had not reviewed (including prior decisions from the Florida Supreme Court in Owen’s case and Owen’s former pro se filings) and suggested that Owen’s theory/delusions were not present at the time of the crime.
Dr. Tonia Werner
Dr. Tonia Werner, a psychiatrist, is one of the doctors appointed by the Governor to examine Owen.1 She has been appointed approximately five times to conduct an examination for competency for death. She testified she’s never found anyone incompetent for execution. She was the primary drafter of the Commission’s report submitted to Governor DeSantis.
Dr. Werner testified that the Commission determined there was no need for testing and the information they had obtained from Owen through their 100-minute examination of him was sufficient.
As to Schizophrenia, Dr. Werner testified that she has evaluated persons with Schizophrenia “thousands of times” but Owen does not exhibit symptoms consistent with Schizophrenia. However, she said on cross-examination that all Schizophrenia cases are different.
She testified that Owen knows he is going to be executed for the murders and recounted quotes from the Commission’s examination of Owen.
Corrections Officers
The last three witnesses of the day were corrections officers employed by DOC who work at either Union Correctional Institution (UCI), where death row is housed, or Florida State Prison (FSP), where death watch is located.
Officer Manning from UCI testified first. Then the Assistant Warden at FSP testified. Finally, the Administrative Lieutenant at FSP who supervises the Q-Wing, where death watch is located, testified.
All three officers testified that death row prisoners are required to be well-groomed, keep their cells tidy, and comply with direction. If not, they face discipline. They also cannot alter their clothing. It was clear that Owen’s not had many issues with discipline while in prison. The Assistant Warden testified that there are rarely disciplinary issues on death row.
When a person on death row receives a death warrant, the Administration from FSP goes to UCI to transport the prisoner to FSP. According to the testimony, that is a big event. When Owen was transported, he said bye to a few other guys on his wing at UCI. Owen’s property, which includes approximately 36 books, was transported to FSP as well, but it is not kept in his cell on death watch. He has to request access to his items.
Before Owen went to FSP, Officer Manning testified he spoke with Owen for approximately 5 minutes several times a week. He testified that they talked about hunting and fishing and Owen never indicated any gender dysmorphia or any indication of mental illness.
The Assistant Warden at FSP testified that he’s spoken to Owen several times since he’s been at FSP. He explained the intake process for a prisoner arriving at FSP, which includes an SRI—Sexual Risk Interview. In that interview, the prisoner must identify his sexual identity. If he indicates that he is transgender, then he proceeds to a TI—a Transgender Interview. If, at that point, the inmate requests female clothing, he would be sent to mental health for screening. Mental health would then make a determination about whether the prisoner can receive female clothing and be allowed to grow out her hair.
Upon arriving at FSP on May 9, Owen identified as a heterosexual male. The defense’s questioning suggested that would’ve been because Owen fears retribution for his true identity—as Dr. Eisenstein testified.
The Assistant Warden testified he’s not aware of any sexual assault based on sexual identity at FSP. However, most of the inmates at FSP are in close management and, therefore, housed in single cells. He did indicate that there have been unsubstantiated allegations of sexual assault between inmates in general population at FSP.
Finally, the Administrative Lieutenant at FSP testified that he talks to Owen several times a day while he’s on death watch and has frequent contact with Owen. Both the Assistant Warden and Administrative Lieutenant testified that Owen has not displayed any issues with bathing or getting dressed, indicates he understands where he is, and has been compliant in the death watch process.
The Administrative Lieutenant testified that Owen has 36 books, and most of the titles are educational, such as Geometry and Algebra. He could not testify whether Owen actually reads the books but testified that Owen recently finished a novel, which he asked to donate.
The trial will continue tomorrow starting at 9:00 a.m.
The defense asked to waive Owen’s presence tomorrow, but the Court said that he wants Owen to be present.
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 determination after the Commission’s report is available 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.
The State’s Motion seeking review of the Governor’s determination and the evidence attached to the Motion is covered here.
My thoughts are with everyone involved in the warrant and execution process.
Apologies that this part is not complete. I had to take a call and missed parts of Dr. Werner’s testimony.