Psychologist: Brain impairments led Cusic to kill

CEDAR RAPIDS — A psychologist testified Thursday that Edward Cusic had diminished capacity the night he killed his mother as a result of a brain impairment from previous head concussions and prescription drug intoxication.

Arthur Konar, an Ames clinical psychologist, said Cusic, on trial for first-degree murder this week, has neuro-cognitive impairment, which means his brain doesn't function normally, and that in combination with abuse of both pain killers and anti-anxiety medication led to the 'tragic event' Dec. 7, 2012.

Cusic told Konar he believed his 68-year-old mother Anita Labkon was going to hurt him and he thought he was defending himself when he beat her to death with a crowbar, Konar said. Konar testified Cusic couldn't form specific intent to kill because he wasn't accurately processing information in his brain, and there was no premeditation or malice because he was just reacting and his view of what was happening was 'distorted,' he said.

The defense started its case Thursday in Linn County District Court. There were several longer breaks and delays in the trial as lawyers argued over legal issues.

The trial resumes at 9:30 a.m. Friday. Closing arguments likely won't begin until Monday. Follow Gazette reporter Trish Mehaffey's live coverage from the courtroom.

Cusic had three concussions from playing high school football in Harrisburg, Ill., where he grew up, Konar said based on his previous medical history. However, he never stopped playing, and then he had a vehicle accident, years later, where he had another concussion. He was then hit in the shoulder by railroad spikes from working on a bridge, which caused chronic neck and shoulder pain.

Konar said the concussions led to substance abuse, alcohol and illegal substances for a short time because of the pain Cusic experienced. Then, the injuries from the car and railroad accident led to Cusic's abuse of prescription drugs, which he was legitimately given in 2010 or 2011. Over eight or nine years, Cusic has been in a cycle of impairment and substance abuse.

The substance abuse just worsened the brain impairment issues — altering Cusic's judgment and preventing him from controlling bad thoughts, Konar said. The day of Labkon's death, Cusic said he took 10 Valium in the morning and then hydrocodone, both pain killers, and Xanax, which treats anxiety disorders, on top of those. Konar admitted he's not a medical doctor but knows that combination would be at abusive levels.

Sara Smith, Cusic's lawyer, asked if Cusic's demeanor on the 911 call was consistent with his diagnosis of brain impairment and substance abuse.

Konar said it was. Cusic was 'detached, out of it, and not covering up.'

Assistant Linn County Attorney Nic Scott didn't have time to cross examine Konar Thursday because the jury was excused for the day so the lawyers and judge could take up some legal issues.

In earlier testimony, Andrew Cusic, Edward's brother, testified as the last witness before the state rested its case.

Andrew said his brother started abusing prescription drugs when he was a teenager and it continued into adulthood. He saw his brother using the drugs 'too many times to count.'

Andrew confirmed that Edward had concussions from football but said the injuries didn't appear to affect or change his personality.