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Psychologist Refutes Insane Ruling in Sodhi Trial

09/18/2003


http://www.azcentral.com/arizonarepublic/local/articles/0918roque18.html
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    Psychologist testifies in Sikh's death


    Jim Walsh
    The Arizona Republic
    Sept. 18, 2003 12:00 AM

    A prosecution witness from Ohio attacked the credibility of terrorism backlash murder defendant Frank Roque's insanity defense Wednesday, testifying that the results of a psychological test are "unreliable."

    Yossef Ben-Porath, a psychology professor at Kent State University, said defense psychologist Phillip Barry's administration of a 567-question psychological test was flawed because standard practices to assure accuracy were not followed.

    "The results of the first test are invalid, unreliable and cannot be used to reach any diagnostic conclusion," said Ben-Porath, an expert in the Minnesota Multi-Phasing Personality Inventory test.

    Barry used Roque's test responses as the basis for his conclusion that Roque suffers from "schizotypal personality disorder" and is prone to psychotic episodes that make him lose touch with reality.

    Barry and a second defense expert, psychiatrist Dr. Richard Rosengard, both testified that Roque was unable to understand right and wrong when he fatally shot gasoline station owner Balbir Singh Sodhi, 49, five days after the Sept. 11, 2001, terrorist attacks.

    Under state law, jurors can find Roque guilty but insane and send him to the state mental hospital if they determine his illness made him incapable of understanding right from wrong. But prosecutors Vince Imbordino and Doc Shreve said Singh Sodhi's murder is a hate crime and are seeking the death penalty. Ben-Porath said Barry violated standard protocol by reading the test questions to Roque and then recording Roque's answers himself.

    Another defense psychologist administered the test to Roque a second time, having Roque read the questions and answer them on a standard form, Ben-Porath said.

    Although that second test showed a much higher degree of psychotic thinking by Roque, Ben-Porath questioned its validity. He said he did not know if Roque was influenced by the explanation he received for having to retake the test.

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