Associated Press
SEATTLE — A state psychiatrist has found Kevin Cruz, convicted two weeks ago of shooting four people at a Seattle’s Lake Union shipyard, to be a paranoid schizophrenic, a determination his lawyers hope will spare his life.
Cruz faces either the death penalty or life in prison without parole for killing Russell Brisendine and Peter Giles and wounding two others at the Northlake Shipyard on Nov. 3, 1999. The sentence will be decided by the same King County Superior Court jury that convicted Cruz of aggravated first-degree and attempted murder.
The penalty phase of the trial starts Wednesday and is expected to last about two weeks. Jurors will hear from relatives of Brisendine and Giles and may also hear from Dr. Mark McClung, a psychiatrist for the state.
McClung interviewed Cruz for two hours and 25 minutes on Jan. 20 before determining he suffers from schizophrenia and paranoid delusions, the King County Prosecutor’s Office said Tuesday.
But McClung also found that Cruz is not so impaired that he didn’t realize what he was doing when he fired the shots, said deputy prosecutor Tim Bradshaw. The state wants Cruz executed.
"It’s not just whether he has a mental disturbance — we believe he does — but does that sufficiently mitigate callous, coldblooded murder?" said deputy prosecutor Tim Bradshaw.
If McClung were to testify, it would likely be at the will of Cruz’s lawyers, who must present evidence that might persuade jurors to show mercy. One of Cruz’s lawyers, Eric Lindell, refused to say Tuesday whether the defense will call McClung.
But Lindell did say, "It’s a pretty clear indication … when the state’s own expert finds he’s chronically mentally ill. We are confident Mr. Cruz’s life will be spared by any reasonable jury."
Cruz, 32, of SeaTac, did odd jobs during a four-month stint at the Lake Union shipyard before being fired in January 1999. Prosecutors said he walked into a shipyard office dressed in camouflage and shot Brisendine and Giles, as well as Patrick Ming and Jaromir Mach, because he held a grudge against the owners.
Prosecutors also said he was angry that the shipyard’s insurance company initially refused to pay to treat an injury he supposedly suffered on the job.
Cruz’s lawyers ruled out using an insanity defense during the trial. Instead, they claimed Cruz wasn’t the gunman, even though the murder weapon, a9 mm pistol, was found in his backpack in nearby Gas Works Park.
While Cruz didn’t testify, there was indication of his mental state during the trial. Lawyers on both sides said he had told police he put foil on his bedroom walls because he saw "dead people" walking through them. He often laughed and gave courtroom spectators a thin-lipped smile.
He maintained that demeanor during a court hearing before Judge Ronald Kessler on Tuesday. The hearing was to discuss the admissibility of some evidence during the penalty phase of the trial.
Defense lawyer Tony Savage asked the judge to limit family members’ testimony to one relative of Brisendine and one of Giles. Kessler denied that motion, saying it was appropriate for prosecutors to request two relatives of each.
But Kessler did agree to limit the testimony of Giles’ uncle, Richard Kelly. Kelly, who owns the shipyard, was going to testify about how valuable Giles was to the shipyard and how hard it has been to find a replacement for him.
The judge said such testimony could unfairly prejudice jurors — that is, jurors might be more likely to put Cruz to death if they consider the economic worth of his victims. Such class concerns are to be avoided as much as possible, Kessler said, and so Kelly’s testimony will be limited to his personal, not business, relationship with Giles.
In addition, Kessler warned prosecutors not to try to portray Cruz’s apparent lack of remorse over the killings as a reason to have him executed. Doing so would violate his right to remain silent, Kessler said.
Jurors will hear Wednesday about at least some of Cruz’s previous criminal record, including a conviction for theft of a firearm in 1995, for which he was given a one-year suspended sentence. In 1996, Cruz was charged with second-degree assault, but pleaded to a lesser charge.
Cruz spent almost two years in prison for hit-and-run driving and then for a brief escape out the window of a halfway house. He was released in 1998.
Copyright ©2002 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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