Testimony: Cedar Rapids man who tried to kill ex-wife didn’t have mental capacity to waive rights

CEDAR RAPIDS — A forensic psychologist testified Friday that a Cedar Rapids man, charged with trying to kill his ex-wife in 2020, didn’t have the mental capacity to make rational decisions such as waiving his rights and telling police during an interrogation he intended to kill her.

Psychologist Lindsay Dees, licensed to practice in Iowa, Illinois and Kansas, testified that Anthony M. Depolis, 34, thought at the time he stabbed his ex-wife multiple times, on July 6, 2020, that she had done things to him and had ruined his life with an unwanted pregnancy.

Dees said he realized later, when she evaluated him for diminished capacity in November 2022, that he was mistaken and that he didn’t want to kill his ex-wife, Diana L. Depolis, 37 at the time of the stabbing.

Depolis is asking a judge to toss out the statements he made to police after the stabbing because he didn’t voluntarily waive his rights and didn’t have the mental capacity to do so.

Dees said Depolis has had a history of mental health issues since he was 11 or 12. He hadn’t taken prescribed medications in the days before the stabbing and had been smoking marijuana, which he did daily.

He had no memory of the police interrogation, saying he felt detached from his body and felt like he was under water when police were questioning him, she said.

Sixth Judicial District Ian Thornhill took the matter under advisement and will file a written ruling later.

Depolis is charged with attempted murder, willful injury and assault while displaying a dangerous weapon (domestic abuse). If convicted on all charges, he faces up to 37 years in prison.

Mental health history

Dees, who evaluated Depolis for competency in May 2021 and again in November 2022 for diminished capacity, said Depolis had been diagnosed with obsessive compulsive disorder at age 11 or 12. He also had depression and anxiety and was on the schizophrenia spectrum.

During the police interrogation July 6, 2020, Depolis went from being calm at times to being animated and having delusional thoughts. He also wouldn’t directly answer investigators’ questions. He recalled stabbing his ex-wife but didn’t realize what he did until he pulled out the knife and saw blood and how “slippery” it was.

On cross-examination, First Assistant Linn County Attorney Monica Slaughter asked if Depolis had said he’d planned to kill his ex-wife for a long time and that the attack had been “premeditated murder for four years.”

Dees agreed he had.

Slaughter asked if Depolis hadn’t said he had no regrets and was upset he hadn’t killed his ex-wife. Dees again agreed Depolis had said that.

Slaughter asked if someone could be calm and then animated and talking fast even if they didn’t have a mental abnormality.

Dees said yes.

He understood rights

Cedar Rapids Police Investigator Randy Jernigan testified that he read Depolis his rights before he started asking questions and Depolis agreed to talk with him and another investigator July 6, 2020.

Depolis understood the questions and gave appropriate responses, he said.

Slaughter asked if it was true that police are allowed to use deceit sometimes when interrogating a suspect but that none was used on Depolis. Jernigan agreed.

Depolis’ demeanor, during the interview, was more “matter of fact,” Jernigan said. He wasn’t emotional or “excited.” He never said he was tired or didn’t understand the questions, and he never asked for a lawyer.

Slaughter didn’t play the video of the interrogation during the hearing but submitted it for the judge to view later.

No new trial date has been set for Depolis at this time.

In 2021, Depolis was found incompetent to stand trial, and court proceedings were suspended for more than a year. He was found competent to stand trial in September 2022.

During evaluations, Depolis was suspected of faking his mental health condition to avoid or delay his trial.

Last year, a psychiatrist with the Iowa Medical and Classification Center in Coralville said he couldn’t determine within a degree of medical certainty that Depolis was competent but testified it was “more probable than not” that Depolis was competent to stand trial.

Dr. Arnold Andersen said he couldn’t determine if Depolis was malingering — faking a mental illness to avoid trial — because Depolis wouldn’t answer all of the evaluation questions, responding “I don’t know” or “I pass” to the majority of questions.

Dr. Gary Keller, another psychiatrist at the Coralville prison, said Depolis was uncooperative, leading Keller to conclude Depolis understood the charges and would be able to understand the court process.

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