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AFFIDAVIT OF XAVIER AMADORSTATE OF NEW YORK COUNTY OF ______ Comes the undersigned affiant and after being duly sworn deposeth and says as follows, to-wit: 1. I am a clinical psychologist licensed to practice in the State of New York, an Associate Professor of psychology in the Department of Psychiatry at Columbia University College of Physicians and Surgeons, an adjunct Associate Professor of psychology in the Doctoral Program in Clinical Psychology at Columbia University's Teachers College, and the National Director of Research, Education and Practice at the National Alliance for the Mentally Ill in Arlington, Virginia. 2. Previously, I was Director of Psychology at the New York State Psychiatric Institute, Director of the Diagnosis and Evaluation Center for Psychotic Disorders at Columbia University College of Physicians & Surgeons, and Chief, Division of Diagnosis and Assessment in the Department of Clinical Psycho-Biology at the New York State Psychiatric Institute. 3. I was Co-Chair of the last revision of the "Schizophrenia and Related Disorders" section of the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Test Revised (DSM IV-TR) published by the American Psychiatric Association. The DSM IV is the authoritative diagnostic system used by all mental health professionals in this country. Previous to that, I was an "expert schizophrenia advisor" to the American Psychiatric Association for the revision of the Diagnostic and Statistical Manual for Mental Disorders, Third Edition-Revised (DSM III-R). At that time I was also the Director of the DSM IV Field Trial for schizophrenia and related disorders conducted at Columbia University in New York City. I have consulted to the American Psychiatric Association on other matters related to the diagnosis of schizophrenia. 4. I have been a consultant to the United States Department of Justice: U.S. Attorney General, Janet Reno, and Assistant U.S. Attorney General, Laurie Robinson, and the Office of Justice Programs on matters related to the identification and management of individuals with serious mental illness. I have also consulted and/or lectured on the topic of identifying individuals with mental disorders to a wide range of other criminal justice system professionals: e.g., Justices of the King's County Criminal Court in New York City, Criminal Court Judges in Erie County Ohio, Brooklyn District Attorney's office in New York City, and Institute for Law & Justice, among others. 5. I have been called upon to offer the same expertise in consultations with the Veterans Administration, the National Institute of Mental Health, and other national and international organizations involved in mental health research and services. Until my resignation in 1999, I was a standing member of a National Institute of Mental Health grant review committee that evaluates grant applications submitted by investigators studying schizophrenia and other mental disorders. The focus of my reviews most often centered on the adequacy of diagnostic procedure and the reliability and validity of diagnoses. 6. Since 1989, I have been the principal investigator on numerous research grant awards. These grants have been given by the National Institute of Mental Health and other mental health agencies and organizations. The studies supported by these awards have focused on improving the diagnosis of schizophrenia and illuminating the nature, causes and treatment of unawareness of illness in this disorder. I have also been a co-investigator and consultant on over 20 other schizophrenia research studies. In 1990 I received a grant from the American Psychiatric Association to support my participation in the revision of the criteria for schizophrenia and related psychotic disorders in the Diagnostic and Statistical Manual for Mental Disorders, fourth edition (DSM IV). 7. Also, I am a consulting editor for sixteen scientific journals in the fields of psychiatry and psychology including several which are published by the American Medical Association, American Psychiatric Association, and the American Psychological Association. I review papers almost exclusively in the area of schizophrenia and related disorders with special emphasis on the reliability and validity of diagnostic procedures as well as on the common problem of treatment refusal, and unawareness of illness. For two years I was a faculty member and mentor in the Columbia University - Cornell University Fellowship in Forensic Psychiatry. I continue to supervise clinical and research activities of trainees in the department of psychiatry at Columbia University College of Physicians and Surgeons in New York City. I also supervise doctoral psychology students at Columbia University. 8. I have published over 100 papers, the majority in peer reviewed scientific journals, focusing on the identification, causes and treatment of mental illness and also on the problem of poor insight into illness in patients with schizophrenia. In addition I have published three books that focus on understanding and treating psychotic disorders, depression and bipolar disorder. The most recent book "I am Not Sick, I Don't Need Help!" focuses on the problem of poor insight into illness in schizophrenia and bipolar disorder. 9. I have over twenty years of hands on clinical experience evaluating and diagnosing persons with schizophrenia (and other psychotic disorders) in a wide range of settings: e.g., prisons, jails, while employed by the Tucson Police Department on it's mobile crisis team, psychiatric emergency rooms, several inpatient and outpatient facilities, and community based residential treatment centers. I have worked part-time conducting forensic evaluations for the past twelve years, the majority of these evaluation occurring over the past four years. REFERRAL/EXAMINATION 10. On December 4th, 2002, I was asked by counsel for Mr. Linroy Bottoson to conduct an evaluation to determine whether or not Mr. Bottoson is currently suffering from a mental disease or defect, and, if so, whether it renders him "too insane to be executed" as that phrase is understood forensically. I interviewed Mr. Bottoson for two hours on December 5, 2002, the day before he was scheduled to be executed, at the request of his attorneys, who have become increasingly concerned about their client's sanity in recent weeks. I have come to an expert opinion on whether Mr. Bottoson is presently exhibiting a mental disease or defect and also with respect to whether Mr. Bottoson is currently sane to be executed, as that phrase is used in a forensic setting. I am familiar with the standards set out in the Supreme Court ruling in Ford v. Wainwright, the standards in Florida Statute Section 922.07, and the standards in Rule 3.811, Florida State Rules of Criminal Procedure. 11. Although my main focus was an evaluation of Mr. Bottoson's current mental status, I also reviewed the following medical records to assist me in forming my opinion:
12. I am of the opinion, within a reasonable degree of professional certainty, that Mr. Bottoson suffers from Schizoaffective disorder (a psychotic illness with significant features of schizophrenia) and is currently experiencing an exacerbation of symptoms. In addition, Mr. Bottoson appears to have several cognitive deficits of unspecified etiology (either stemming from the Schizoaffective disorder, long-standing cognitive dysfunction, or head trauma) that are interfering with his ability to process reality. 13. Mr. Bottoson's chronic mental illnesses currently render him unable to rationally and factually understand and appreciate the reason that the State of Florida is seeking his execution and unable to factually comprehend that his death will in fact occur. This man cannot perceive any connection between any crime and the punishment that is scheduled. Because of his fixed psychotic delusions he has no current capacity to come to grips with his own conscience, with the crime, with mortality, with his sentence, or with reality. He understands himself to be locked in the middle of a battle between Jesus and Satan, a battle that he is certain, as one of God's prophets, Jesus will win. Mr. Bottoson believes that he will not be executed because humankind needs him. DIAGNOSIS OF MAJOR MENTAL DISORDER 14. Based upon my review of Mr. Bottoson's well documented mental illness history, and my interview of him, it is my opinion within a reasonable degree of medical and scientific certainty that Mr. Bottoson suffers from Schizoaffective disorder, as defined by the DSM IV (American Psychiatric Association, 2000). Schizoaffective disorder involves a mixture of symptoms of schizophrenia (i.e., psychotic symptoms) and bipolar disorder (an affective disorder). His clinical presentation was consistent with the medical record in many respects: e.g., he exhibits grandiose delusions (he has supernatural powers that will keep him from being executed), delusions of reference, and both auditory (hearing the voice of the Holy Spirit out loud to whom he has been observed speaking out loud) and visual hallucinations. 15. A diagnosis of "Malingering" was also considered given that Mr. Bottoson has much to gain from a ruling that he is incompetent to be executed. Mr. Bottoson is clearly not malingering. The presentation of symptoms is consistent with his medical history and the natural course of schizoaffective disorder and Mr. Bottoson lacks the mental resources to feign mental illness. 16. He has a well documented and unambiguous history of psychosis characterized by the same type of symptoms I saw today. This history of psychosis, spanning forty years (i.e., in 1962 he underwent a psychiatric hospitalization for schizophrenia) is characterized by religious and grandiose delusions as well as auditory and visual hallucinations. He has an extensive history of mental illness in first degree relatives. 17. Consistent with a majority of patients with this disorder, Mr. Bottoson experiences periodic exacerbations of illness during times of stress that typically requires treatment with antipsychotic medications to resolve the symptoms. 18. Mr. Bottoson is typical of nearly half of all people with the diagnosis of schizophrenia who do not understand they are ill. More important, like such people, he is highly suspicious of anyone who suggests he has a mental illness and instead is adamant that his beliefs are reasonable and rational. Consequently, he is cautious to preface descriptions of his powers with disclaimers, suggesting that a lot of people believe exactly what he believes. 19. Mr. Bottoson's mental illness currently prevents him from rationally and factually comprehending, understanding, and appreciating the reasons for his conviction and sentence, or the implications of being sentenced to death. One of Mr. Bottoson's persistent delusional constructs revolves around the devil, or Satan. In his deluded mind, it was the devil, not the judge and jury (or the facts as presented in court), who caused the judgment in this case. In Mr. Bottoson's delusional construct, his conviction and sentence do not reflect a rational, reasoned, judicious and dispassionate determination by anyone of anything. The devil simply made the actors at trial act the way they acted. The witnesses and jurors are not to blame, and they did not decide anything-the devil did it all. 20. Linked to this delusion is the fixed belief that he will not be executed, as God will "pull him from the brink of hell as he has done many times before." He firmly believes that he will not be executed, even if it gets to the point of him being strapped in the Gurney. There are various deluded reasons given for this imagined invincibility. For example, he believes he is a prophet from God with special and magical powers which he has used in the past and will use in the future to help save the lives of others. He believes that when the Governor learns of his supernatural powers, the Governor will not allow an execution to occur because the Governor (indeed all of humankind) will become an acolyte or follower. He offers several examples of what people should know about him and why it will move them to action. First, he reports that he knows where R. Wilson (apparently a child missing from the state's custody) can be safely located, based upon a dream or vision he experienced. If the Governor acts quickly on Mr. Bottoson's vision, a life will be saved, according to Mr. Bottoson. Second, his supernatural powers allow him to "see" planned terrorist activity far enough in advance to save lives if people will act on his visions. He knows that the Governor wishes to have this and other information that will avert terrorist's activities, and that when the Governor does know that he will certainly intercede and no execution will occur. 21. In any event, Mr. Bottoson has a fixed delusional belief that even if the Governor does not intercede, God will not allow him to be executed. He believes that he is God's invulnerable messenger and scrivener in a pitched battle with Satan: "Satan doesn't want me to do this work, to get my book [referring to the final book of the Bible that he has written based on visions and the Holy Spirit's instructions] out. But God has great plans for me." When asked if it was possible that he indeed would be successfully executed, he smiled and said, "if its God's will anything can happen. I do not decide. He decides." When pressed further to explain he replied "It is possible, but there are too many signs now." What he was referring to were delusions of reference he is currently experiencing. For example, today he saw a box with the word "Wilson" printed on it and thought this was a sign. He then offered a complex, irrational, and typically psychotic numerological analysis that confirmed his belief that God was about to deliver him from dying. 22. I became a part of his delusional system as the interview progressed. He said he had a premonition about me and asked if I knew someone who had cancer. When I answered affirmatively, he instantly took this as clear and indisputable confirmation of the powers God has given him. He insisted that I contact the Governor's office about the R. Wilson case and communicate the special knowledge that he has that will "save this little girl's life" and added that he wanted me to reveal the miracle I had just witnessed, i.e., that he had "divined" that I knew someone who had cancer. He believed with conviction that I would do this because I had personally experienced his supernatural powers. 23. This incorporation of the examiner into a delusional system is a strong indicator of the severity of Mr. Bottoson's grandiose delusions. These delusions represent significant deficits in Mr. Bottoson's ability to understand the true nature of his current circumstances. 24. Mr. Bottoson's mental disease is rendering him incapable of understanding the nature of the death penalty or why it was imposed on him. Under Florida State Rule 3.811, Rules of Criminal Procedure, a person is considered insane when he "lacks the mental capacity to understand the fact of the impending execution and the reason for it." Mr. Bottoson is insane under this definition, and under the definitions in Ford v. Wainwright and Florida statutes. Mr. Bottoson believes that his great powers will soon be recognized by Governor Bush because it is God's plan. He will not be executed because he will soon be relied upon by the Governor and others to not only save the lives of crime victims, but also to prevent further terrorist attacks. The fact that he is in the circumstance he is in has nothing to do with committing a crime. He believes himself to be innocent of the specific charges brought against him and that the only reason he was convicted was because Satan entered into the prosecutors, the judge, and the jurors in an effort to shut Mr. Bottoson up, to not speak of the Holy Spirit's prophecies and other revelations (like the one today, i.e., where R. Wilson is being held), given specifically to him. 25. The delusional beliefs described above stem directly from a mental disease rather than from religious beliefs that are culturally sanctioned, or from malingering. It is important to note that Mr. Bottoson has a forty-year history of psychotic disorder with exactly this presentation and the symptoms occurred long before any benefit could be derived from them (e.g., when incarcerated). I am not the first mental health expert to offer the opinion that Mr. Bottoson has Schizoaffective disorder characterized by grandiose delusions involving his having special powers, delusions of reference, and both auditory and visual hallucinations. 26. Mr. Bottoson does not believe that he will be executed; he is thus not aware that his death is approaching; he is not aware of the punishment he is about to suffer; he does not understand the implications of the penalty; he has no reason to prepare himself for death as he does not believe that it will occur. Also, he does not know the reason for the punishment being served upon him--he believes it is directly the result of Satan's attempt to silence God's prophet, not because of the jury or the justice system. 27. There is much more I could say about this evaluation, but given the urgency of this matter, I felt I had an ethical obligation to provide a brief summary of my findings and opinions. I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this ____ of ______, 2002. __________________________ Xavier Amador
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Floridians for Alternatives to the Death Penalty (FADP)
PMB 335, 2603 Dr. Martin Luther King Jr. Hwy, Gainesville, FL 32609
www.FADP.org 800-973-6548 fadp@fadp.org