Doctors said Cusic wanted pills, embellished medical history

CEDAR RAPIDS — A prosecutor on Friday highlighted portions of reports from Edward Cusic's hospital stays, attempting to poke holes in defense claims that Cusic suffered diminished capacity when he killed his mother in 2012 and that he isn't criminally liable for his actions because of a brain impairment and drug intoxication.

During cross-examination, Arthur Konar, an Ames clinical psychologist, admitted that doctors from four hospital admissions for Cusic in 2010 and 2012 thought Cusic was just trying to get prescription drugs and didn't think he was being truthful about threatening to commit suicide, kill his girlfriend or that he was depressed.

According to testimony earlier this week in Linn County District Court, Cusic admitted to beating his mother, Anita Labkon, 68, to death with a crowbar in her Cedar Rapids home on Dec. 7, 2012, because he thought she was threatening him with a knife. She was struck eight time with the crowbar.

Cusic, 47, is charged with first-degree murder. His defense, as Konar testified Thursday, is that Cusic's brain function does not function normally and that, in combination with abuse of pain killers and anti-anxiety medication, led to the deadly attack.

Assistant Linn County attorney Nic Scott on Friday asked Konar about one hospital admission in 2010, when Cusic was threatening to kill himself with a gun. He asked if Cusic was truthful.

Konar said Cusic was in 'bad shape,' but after Scott gave him the hospital report to read, Konar admitted the doctor said Cusic's emotions were 'inconsistent,' that he was 'seeking medication' and that he wasn't being truthful.

In 2012, Cusic was admitted to the hospital three times within one month where Konar said he was threatening suicide, had homicidal thoughts about a woman and had hallucinations. But the doctors thought Cusic was just looking for medication and had embellished his medical or mental history.

Scott asked if one of the reports stated that after Cusic was given Percocet, a pain killer, he felt better and asked to be discharged. Konar agreed it did.

Scott then questioned Konar about Cusic's claim that he felt he was in danger from his mother the night of her death.

'Are you saying he swung the crowbar at her many times … blood was coming out and her dentures went flying out, and he thought he was in danger?'

Konar said he wasn't saying that.

Scott asked Konar how long he evaluated Cusic at the Linn County Jail. Konar said four hours.

Scott said jail records stated one hour and 17 minutes. Was that wrong? Konar said he didn't have an explanation, that he was there four hours.

Scott asked if Konar would agree that someone with a mental disease or defect or someone who was intoxicated, could still form intent, malice aforethought and be able to premeditate. Konar said it was possible.

Sara Smith, Cusic's lawyer, on redirect asked Konar if any of the reports Scott took him through had changed his opinion about Cusic's diminished capacity. Konar said no, they had not.

The jury trial continues at 9 a.m. Monday, with closings possible that afternoon or Tuesday.