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Mark Becker will be evaluated by state’s psychiatric experts
Trish Mehaffey Jan. 13, 2010 3:59 pm
The prosecution's psychiatric experts will be allowed to evaluate Mark Becker, accused of shooting and killing Aplington/Parkersburg football coach, at his murder trial next month.
Dr. Michael Taylor, a Des Moines psychiatrist and Dr. Michael Spodak will evaluate Becker at a time to be determined, according to an order filed today in Butler County District Court. The evaluations will be separate and a copy of any written report will be provided to Becker and his attorney, Second Judicial District Judge Stephen Carroll ruled.
The state filed the motion because the defense retained experts Dr. Dan Rogers, a Fort Dodge psychologist, and Dr. Philip Resnick, a Cleveland, Ohio, psychiatrist, to testify regarding Becker's defense of diminished responsibility and insanity.
The state asked the judge not to provide copies of any written reports to the defense because they aren't entitled to it under the terms of discovery or by the rules of criminal procedure, according to the motion. The state took the position at an earlier telephone court conference that these doctors were rebuttal witnesses and didn't have to disclose the testimony according to rules of criminal procedure.
Carroll said because the doctors will be rebuttal witnesses doesn't protect them from disclosures of their identities or their opinions. He also said the rules also allow for the discovery of the written reports if the a defendant requests it and he's using his discretion.
In a separate order, Carroll set a hearing 10 a.m. Jan. 29 to take up all pretrial motions at the Law Enforcement Center in Mason City. Becker, 24, is charged with first-degree murder in the fatal shooting of Ed Thomas on June 24 in the high school weight room in front of more than 20 students. His trial is set for Feb. 8 in Butler County District Court.
Mark Becker

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