CONFESSION QUESTIONABLE, EXPERT TESTIFIES
Nichole murder suspect was too
vulnerable, psychologist says
By Gordon Russell
River Parishes bureau/The Times-Picayune
Judith Walters suffers from post-traumatic
stress disorder, a condition that could make her vulnerable to coercion,
a forensic psychologist testified Wednesday.
Dr. Mary Ann Dutton, a faculty
member at George Washington University in Washington, D.C., who evaluated
Walters in the early 1990s at the request of attorneys representing John
Francis Wille, said Walters developed the condition after enduring sexual
abuse as a child and as an adult.
Dutton said Walters' condition
worsened after a 1985 interrogation at the hands of authorities investigating
the murders of 8-year-old Nichole Lopatta and hitchhiker Billy Phillips.
Wille and Walters were arrested
in Milton, Fla., in August 1985, two months after the bodies of the two
victims were discovered in woods north of LaPlace.
Walters and Wille confessed
to the crimes during three weeks of questioning. The next year, a St. John
the Baptist Parish jury convicted Wille of first-degree murder and sentenced
him to death. In a separate trial, Walters was convicted and sentenced
to life in prison.
The two are back in the St.
John Parish Courthouse in Edgard this week. Their attorneys -- Denise LeBoeuf,
Nick Trenticosta and Robert Pastor -- are trying to persuade state District
Judge Remy Chiasson to overturn their convictions.
The defense team alleges that
investigators coerced Wille and Walters into making false confessions,
that prosecutors withheld evidence that would have aided their defense,
and that each had incompetent legal counsel.
But Assistant Attorney General
Julie Cullen, representing the state, contends that Wille and Walters freely
gave their confessions and are guilty.
On Wednesday, Wille's attorneys
tried to show through Dutton's testimony that Walters was the type of person
who, if pressured, might confess to something she didn't do.
But Cullen argued that Chiasson
should consider only the defense's argument that the police violated Wille's
and Walters' constitutional rights in obtaining the confessions, not what
Walters' mental condition might have been at the time.
Chiasson overruled Cullen's
objections and allowed the testimony.
Dutton said that Walters described
recurring nightmares filled with "images of dead babies." Walters said
the images came from photographs of the Lopatta murder scene that she was
shown repeatedly by investigators.
Walters also told Dutton she
had been repeatedly sexually abused as a child, and then by her husband,
Vondell Walters, Dutton said.
Dutton said that people who
are abused often develop "coping mechanisms" -- such as giving in to the
demands of their abuser -- to ease the abuse.
On cross-examination, Cullen
suggested that perhaps Walters was traumatized by images of dead babies
because she took part in Lopatta's murder, not because she saw pictures
of the crime scene.
"You're saying she's suffering
more post-traumatic stress disorder from her three weeks of interrogation
in Santa Rosa County than from a lifetime of sexual abuse?" Cullen asked
Dutton.
Cullen also implied that Walters
had exaggerated the trauma she suffered at the hands of investigators,
and noted that Walters told Dutton she had been raped and beaten by investigators
while in jail, claims that have never been substantiated.
Later Wednesday, the defense
team introduced two expert witnesses from London.
Dr. Gisli Gudjonsson, a forensic
psychologist, and Dr. James MacKeith, a forensic psychiatrist, specialize
in the analysis of disputed confessions.
Both have evaluated the reliability
of confessions in a variety of high-profile cases in the United Kingdom,
in some cases testifying at the request of prosecutors and in other cases
for the defense.
In one case discussed Wednesday,
the "Birmingham Six" were accused of killing 21 people in a bombing on
behalf of the Irish Republican Army.
Four of the six confessed and
spent 15 years in jail. But they were released in 1990 after Gudjonsson
and MacKeith testified that the confessions were unreliable.
The two gave no substantive
testimony Wednesday.
Cullen filed a motion seeking
to exclude or limit their testimony, saying it goes beyond the scope of
the hearing.
But Wille's attorneys argue
that the testimony Gudjonsson and MacKeith will offer is the sort of testimony
that should have been presented at Wille's and Walters' original trials
and is therefore appropriate.
Chiasson will rule on the motion
when the hearing resumes today.
09/28/00