UI psychologist says Edward Cusic didn’t have brain impairment

CEDAR RAPIDS - A University of Iowa neuro-psychologist testified Monday that Edward Cusic didn't have diminished capacity or a brain impairment that would prevent him forming specific intent at the time he killed his mother in 2012.

Daniel Tranel, UI neuro-psychology professor and on staff at UI Hospitals and Clinics, said Cusic's previous head injuries, including concussions from playing high school football and a car accident, were minor and most concussions don't cause permanent issues, based on literature and research in this area.

The trial continues this week for Cusic, 47, who is charged with first-degree murder. According to last week's testimony, Cusic admitted to police that he beat to death his 68-year-old mother Anita Labkon with a crowbar on Dec. 7, 2012. Cusic told a 911 dispatcher and police that she was threatening him with a knife or gun. Labkon was struck eight times, causing a broken sternum and ribs and brain injuries.

Closing arguments will begin 9 a.m. Tuesday in Linn County District Court.

Last Thursday, Arthur Konar, an Ames clinical psychologist, said Cusic 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 him killing his mother.

Tranel said Cusic's head CT scan in 2012 was negative for any brain injury and there's nothing in the medical records to make him think Cusic had permanent damage from the car accident many years ago.

Tranel admitted that he didn't personally evaluate Cusic but did review all the medical records, Konar's report and testing by another psychologist, police records, tapes from 911 call and from the back of a police vehicle as Cusic was taken to the police department.

Tyler Johnston repeatedly objected to the testimony because Tranel hadn't evaluated Cusic in person or conducted the testing but 6th Judicial District Judge Fae Hoover-Grinde allowed the testimony.

Assistant Linn County Attorney Nic Scott asked Tranel if relying on other psychologist's testing is routine and accepted.

Tranel pointed out there was a difference, which didn't make sense, in Cusic's IQ testing from when it was first conducted in May 2014 to when Konar tested him in March 2015. His overall intelligence was considered average in 2014 but then his scores went down in March for working memory, perceptual reasoning and verbal comprehension.

Tranel said there was no sign of brain damage, so he thought Cusic tried not to do as well.

Konar mentioned Cusic had seizures but Tranel said no brain issue or seizures would lead to diminished capacity or responsibility.

The 911 call showed Cusic had deliberate behavior, Tranel said. He could state his home address and his mother's age. He was articulate, accurate, quick and he could answer the dispatcher's questions and follow her directions. Cusic also seemed lucid in the back of the police vehicle, when he explained what happened.

Regarding possible intoxication at the time he killed his mother, Tranel said he didn't seem to be intoxicated during the 911 call or in the police vehicle.

The state's theory is that Cusic took some pills after he killed his mother because he appears tired or 'out of it” during the police interview.

Follow live updates by reporter Trish Mehaffey.