RICHARD S. DLER, M.D. A Forensic 8L Clinical A 1700 Seventh Avenue, Suite 210 Seattle, WA 98101 4 (206) 624 - (206) 624 - September 28, 2011 I Ms. Emma Scanlan Law Offices of John Henry Browne 821 Second Avenue, Suite 2100 Seattle, WA 98104 . 5 RE: US v. Colton Hanis-Moore - No. DOB 03/22/1991 Ms. Scanlan: You asked me to examine. your client, Colton Harris-Moore, and provide a expert opinion relevant to Sentencing and/or Dispositional issues. Colton is twenty years old. In February 2007, after six months on the nm from police, he was arrested and subsequently sentenced to three years under the direction of the Washington State Juvenile Rehabilitation Administration. On April 22, 2008, Colton escaped from Griffin Home, an unlocked facility. By July 18, 2008 in the context of the theft of a stolen Mercedes, sheriff deputies on Camano Island found a camera with several self-portraits of Colton. On November 12, 2008 Colton stole his first airplane. He flew it from Orcas Island and crashed it in Yakima, WA. Arotmd June 2010 Colton made his way from Oregon to Indiana. On July 4, 2010 Colton stole a plane in Bloomington, IN and flew it to the Bahamas. On July ll, 2010 he was arrested off Harbour Island in the Bahamas. Colton was ret1u?ned to the US and has been at the Federal Detention Center, Seatac, WA for all or most of the time since, awaiting the final disposition of .- his case. I am a Board-certified Adult, Child and Adolescent I completed a Fellowship in 1 Forensic and hold an appointment on the faculty of the University of Washington School of Medicine. A copy of my resume is provided as an attachment. All opinions provided here are offered with reasonable medical certainty. Forensic Evaluation - - - Sentencing/Disposition . - . . . US Colton Harris-Moore - . - September28,20l1 . - .- . Page Mycentraliindingsare: . n- 1. Colton Harris Moore does not have Antisocial Personality Disorder. . - 2.- Colton was _an abused youth ii?om an impoverished and chaotic home_ - Despite speculation in the mass media that Colton might have a superior IQ,.this Rather, Coltonhasn significant life-long neurocognitive impairments, which were never . assessedcomprehensively. . 2 - 6. `Although Colton very appropriately placed in Special Education beginning at age 3, - hewasprematurelyandwrongly exited from such services atage 6. -. - 7. - The unrecognized and unaddressed neurocognitive impairments put Colton at risk for his . pattern of juvenile delinquent (and later__illegal)' behavior. . - . . 8; was involved on numerous occasions, beginning at around age-4. Colton was taken . . out of the home _only once at was for three days. All CPS investigations. - I . . were closed in short order, ironically, idue to mother's -1ack of cooperation. 1 9. tests _(particularly the reflect that was done - to Colton by the adults in his life. harm done to Colton appears to meet the-definition . of Child Abuse or Neglect as containedin 388-15-009likely that Colton, in addition to being abused himself} witnessed_Domestic` Violence againsthismother11, Per 26.44. l_95 such negligent treatment or maltreatment_ could have formed the - basis for the initiation of foster care placement and/or dependency proceedings. - 12. What was characterized by the media as the swashbucgng adventures of a rakish tgager, were in fact the actions of -a deg sg mssibly suicidal young man with g' and waning Posttraumatic Stress Disorder (follogmgn his first plane crash in - . November2008). -- - . - _13. Colton's deficits and problems can be effectively remediatedColton's instant circumstances can be described as reflecting an "an acute identity crisis - 2 . of young adult life"`according to a preeminent Alex Caldwell, who I provided consultation15. With appropriate interventions Colton has afavorable prognosis. - - . 16. Colton represents a low risk of recidivism. . Interestingly, a recent paperback book, ?'Fly, Colton, Fly:_ The True.Story of the Barefoot - Bandit" 1 contains the following: i . A Camano Island neighbor, Air. Bev- Davis, said: "He 's an amazing kid - with some problems that should have been taken care of when he was a lot . 1 New York:. New American Library. Jackson Holtz, 2011. ISBN 978-0-451-23508-4. - LE Forensic Evaluation . . . - Sentencing/Disposition - - US v. Colton Harris-Moore - Sep1?ember28,20ll' . Page was somehow - overlooked Given his circumstances - . . - . growing up, think it 's amazing that he 's done noi worse than he has -(at - - page 70). She hoped that he would "get a medications and was -- . - 2 concerned about what 'prison will do? She added that "I've always - - . loved him and prayed for him and I always will (page 23 . . - Maternal aunt Sanoy Puttmann 'placed _blame on ojicials for failing to - - . take himaway from her didn 't they take him away jiom his . - - . - - @4tpage217) . - - Island County Detective, Ed Wallace, considering that Colton . . provided authorities with a Treasure trove of evidence, concluded -- . . - . that "He 's not some criminal mastermind..QA criminal mastermind doesn 't - . leave us this 91). 1 This evaluation consisted of two_ l;l interviews, collateral interviews,. numerous tests, and extensive document review. Colton's life history, like instant offenses, has an epic . qualitynto it; Despite theapparent length of my report,__an effort been made to focus on the . - most relevant information and issues at the riskof having edited out some less essential details. - Given the confirmed history of prenatal alcohol exposure, I wished to conduct a complete - . . evaluation for Fetal- Alcohol Spectnun Disorders, including a physical examination.; Despite repeated requeststo authorities at the_Federal Detention Center -- Seatac, -I was- not granted . - permission to enter the facility- with my medical equipment. This precluded my doing a- physical eXaminationon_Colton. . . -. - _screening tests were by my graduate student, Ms; - Chris Rebholz. A forensic evaluation was subsequently requested from - - Craig W.`Beaver, ABPP. The evaluation was obtained to further pursue whatwere - (surprising) abnormal results on the screening screening tests. - Dr. Beaver was tasked with addressing: resultswere the result of - - - malingering, or (2) whether Colton did have significant neurocognitive impairment. Dr. Beaver approximately twenty (20) additional tests. Dr. Beaver's work verified that, in fact, - significant impairments were present. Further input was requested from Paul D. Connor, a widely-recognized authority_ in the of Fetal Alcohol - . - Spectrum Disorders (FASDs). - 2 Brown NN, Wartnik AP, Connor PD, Adler RS. A Proposed Model Standard for Forensic Assessment of Fetal. Alcohol Spectrum Disorders. Law. 38: 383 - 418, 2010. - Forensic Evaluation n. - - - n' - `Sentencing/Disposition . - - US v. Colton Harris-Moore . . . - Sepuemberzs, 2011 - - . - - Page The etc.) upon which Irelied will provided separately. . _The information in this isnprovided in the following - . . . . . - nr CPS -Involvement, -- .- . . 3. EducationalHistory, . - - 4. TestingPersonality_Testing Minnesota Multiphasic Personality Inventory -2), - - - 6. Prior Evaluation of Delton Young, June 2007, - 3 i 8. -OverallSummary,_? - . . .1 9. Risk for Recidivism, - 1 - . - 10. Recommendations, 1 - - - .. 11._Prognosis. - - . . Prior to each interview, Colton and all others were provided with appropriate notifications . - regarding the nature ofthe contact-and_ the limits upon its confidentiality. - .. 5 Colton Harris-Moore hom at the Skagit .ValleyfHospital- and Center in Mount - . Vernon, Washington, on March 22, 1991 by a planned Cesarean section.-- His mother, Ms. - Pamela Kohler, was thirty-nine years old at the time.- Had- Colton not been delivered by Cesarean - - . section,-his expected due date was April 1, 1991. Thus, he was delivered atan estimated- 39 . weeks. The hospital's Delivg Record reflects that mother gmrted that she was a smoker. - .-. `Colton'?s mother Gordon Moore as Coltonls biological Birth records reflect this i . also. [Colton, however, doubts that Mr. Moore is his biological father based on his lifelong 5 . .. troubled interactions with Gordon Moore]. - . . . At birth Colton only at the for weight (6 pounds, 4 ounces).and at the 10m percentile- (18 inches)_ for height. His newborn statuswas excellent, with the exception of appearing not quite "pink" at?1 and 5 minutes alter birth. Develggmentally, the examination was consistent with of a 36 week gestational infant. Discharge teaching was done with the motheronly. - Ar age three months he hospitalized for surgical repair of right-sided inguinal and umbilical . . . n- . - P- - Forensic Bmruamm . - . - . Sentencing/Disposition - . - USv.ColtonHarris-Moore - . . - - Septembe1'28,20l1 I 3 - Page ten months he was 95th percentile for weight. He was noted to have *'high intake," for . example three 8-oimee bottles of whole milk per day plus milk at rnealtirnes. l- DSHS child-related services _to thefamily before Colton one year old. Ms. . - Kohler told me that this was relmed to the provision of childcare while she was enrolled_ in - schooltwenty-one-(21) months old the pediatric records already-reilect "a lot of acting out behavior and while in the off`ice." It was reported that Colton "seems- to challenge his fatherwhenfmherishome? - 3 - - - Pediatric records indicatelthat around age two and=a half he was now "very. well developed and i . ?nourished," but "quite frightened of the examination. . -. only using the most of - -1 language. . .cry is of a rather monotonous sort. . .question of some behavior problems and - developmental delay," . - - By age three, records indicate that Colton's "speech is a concern to fact she has an . appointment next week_to have this evaluated." Mother was documented to _be unemployed . -i aroundthistime. i. - - Gordon Moore was in and out ofthe home iduring Colt's first four years. The ?parents never - married. As a result, Colton and his mother have different last-names. When interviewed by Dr. - Beaver, Colton reported that his mother gets Social Security Disability and some other kind of - disability for a "broken .back.-" He this was because ofthe physical abuse she suffered at - - - . the_ hands of Gordon Moore. Colton believes that his mother has never been married (even to Mr. .Koh1er4see_belowColton told Dr. _Beaver that he his biological father might be Gordon Moore, but that he is - . not certain. Colton does not knowif Mr._ Moore is alive or dead. He notes his last contact with - him was around age 13 or 14 when Mr. Moore is thought to have left for Las Vegas. Colton . - noted Gordon was an alcoholic and a "rough guy.F' He never really worked or had a- career. He reports they did some things that were fun,`such as going camping. However when he - - drank, he typically would go on a "rampage" and was very physically abusive to both him and - his mother. carton also noted he had a lot of legal problems in part related to his drinking and - aggressrvenessMr. Moore's criminal record was reviewed for me by consultant Loreli Thompson, who was previously an oilicer and thirty-year veteran of the Lacey, WA Police Department. Dr. Thompson reported that Mr. Moore had twenty-six (26) arrests between 1989 and 2003. Of these, there were twelve (12) convictions that took place between these same years. - - Forensic 1?sy?1mm' 'cIEvaluation . Sentencing/Disposition US v. Colton Harris-Moore - - . I - September28,2011 . - `At around IageI4, Colton's mother is reportedto have married Mr. William KohlerNheroinaddictPer Thompson, Mr. Kohler's criminal includes twenty-eightarrests and fourteen I I convictions hom 1987 to 2000. There were also. thirty-four courtactions `in six counties . . . 1982 to 2002, some of which may be duplicative. Among Kohler's convictions are: - I Assault 4m Degree, Burglary - Controlled Substance Violations, Theft and Driving -- I `IWhileLicense'_ SuspendedKohler's convictions for Domestic `Violence 4= 4*5 Degree and 2003). Many of the charges were for Driving under the Influence, Driving While License - 1 and in 1990 he was convicted of being a Habitual _Tra$c Offender. There was also a - conviction for Hit _and Run (Attendeddid not have the benefit of Department of Corrections records to better understand "who was Based on obtained from oHicials in Oklahoma, Mr. Kohler died on August 17, 2002, - . I I when `Colton was almost 11_ %-years old: Kohler was forty-nine years old at the time. I I The cause of death, described as being due to Ithe "toxic Ieifects of promethaZine" II I . which was recovered in the femoral blood. His death was as occurring "under - - - .I - . _suspicious circumstances. .violent, unusual or unnatural? 'Ihe inves1igator's narrativereflects I. . - I that Mr. Kohler had "recently gotten out of prison was-travelingacross the country to start`a I I I new life.". However, records retlect that he had an appointment to see a gastroenterologist in . Washington on September 27, 2002. Mr. Kohler, it states, "had been incarcerated for . . . approximately seven years to` [his] uncle." Prior to his death thatevening he appeared- . - . to be "acting dizzy." Autopsy revealed an enlarged heart, an enlarged liver and spleen, and a I . . history of Hepatitis C, consistent with intravenous use. - - --I- - I I `Ms. Koh1er_told me Ithat Colton received ssA (Social Security benehts) alter the death Kohler, even though he was neverformally adopted, nor was paternity Iestablished. - . - The death of Mr. Kohler just one of numerous losses and/or exits of significant - persons from his life, including his aunt, his maternal imcle and'Mr. Gordon Moore. . I Seebelow. I . A chart note dated January 21, 1998 that Colton was seen alter he "hurt his left ankle yesterday but he doesn't remember how." . . 1 . Medical records indicated that on January 23, 1999 he was seen for-a "human bite . . yesterday" on his left was no further information included -about the `origin of the - I bite. I . I . - isposition' - - - US v. Colton Harris-Moore . - . . . September28,2011 - . - . - Around age nine, medical records indicate that mother told a doctor that Colton "seetns to have a- . high metaboli -- and is always too hot." [Subsequent testing revealed an elevated thyroid . - hormone level`(T3) but -it-appears this was not addressed(2001) Colton was seen at the Skagit Valley- Hospital Emergency Roomlaceration of his left leg below the kneecap that was 4 cm deep. It was reported that "he slipped -. and fell landing on and injuring his left knee. However, his pants were not torn." The nursing . . - note indicated that "Parents with Alcohol on Breath and argg_' with each other." - . - i -Cn-May 21, 2003 _it is recorded that Colton "fell off some two days ago when he _was_ It . throwing rocks at his dad." Hewas diagnosed a right-sided torus buckle?type Hacture ofthe - . - . - May 7, 2004 an Emergency Room visit occurred for a left leg lacerationi by an accident with a hatchet. He came to the_ Emergency Room approximately 24 hours after the time . i . ofthe injury (1:30 May -6, 2004 was a Thursday; - . - I Colton stated that hismother has severe alcohol abuseproblems. He noted that she drinks on_ at - -- Hereportedthatshemayhave, worked in the past but has not worked for a long time. . .He thinks he was in grade the last . timeshehadajob;-' . - . - nili PAM-KOI-ILEQ MAY 30, 2011her request, Ms. Kohler was at the Inn Steakhouse in?Arlington,? WA. a - - - prior phone conversation on May 29, 2011, Ms. Kohler told me she had decided against - i participating in a previously-arranged interview, for fear that Colton's lawyers had sent me (in her words): "'to _make it out ?to_be all my fau1t." After our phone conversation she agreed to meet . withme. -. . Ms. Kohler was cooperative at the outset of our meetingl Rapport diminished quickly, however, - . when did not agree with her opinions.- The tenuous nature _of her participation required thatl p1?ioritizemyquestioning.' - . i Asa whole, her reliability a historian was questionable. For example, she told me that Colton _'drank a gallon_ of who1e_milk every day' since he_ was very young.- . . . Ms. Kohler appeared to the seeming contradictory view that: was_nothing wrong with Colton other than his having not been disciplined "spoi1ed"), and he . - some problem with his 'Fsynapses.'? In fact, she told me that she had requested since Colton's . Forensic Evaluation_ osition - US v. Colton Harris-Moore . I September28,20ll 1 - 2 Page 8 - . - . - early school years that his pediatrician refer_ Colton for a "brain scan". She made a? similar - request to Juvenile Court in a June-27, 2007. The letter readT'Colt has had mental problems since `about age does things 1 . - I without thinking _of the end results.; asked his- doctor, Johana Wilcox] . to rejer us to a' hospital in Bellingham a brain scan and she 2 started hanging around the `wrong gpe of jiiends. and -this . - made things worse boy has-had many disappointments all -- - - 1 -- his His stepfather died and our dog [at the sometime] and this had - - --. - . j, .- Ms'. Kohlerprovided me with an account of Coltorfs developmental history. She reported that . - she had difficulty conceiving over the course of Eve years, and seen a fertility specialist. She . - had surgery for_(uterine) iibroid tumors and a year later gotpregnant. Colton was the product of _a planned andwanted pregnancyt . - - - Ms. Kohler recalled that she gave a birthday party for her olderjson at _the end of July, 1990. She . . feeling nauseous, but stated that 'it never occurred to me that I was -pregnant.' She "five or six beers" at the party. She asked her doctor about this and was told "not i - "toworryaboutit.?' . . andupwards of6beerseach j- 1 I weekend day prior to learning she was pregnantt She also smoked a packa day of cigarettes a . day. She reported she did not drink or smoke once she learned she was pregnant. Once I - .- conveyed my thoughts regarding the possibility. of fetal alcohol effects in Colton, Ms. Kohler - .- . - seemed to denyfanything other than the_ singular episode of drinking at her son's.birthday party _1 inJuly1990. - . - Ms. Kohler. indicated that she was one to two months along when shenfound out that she was 4 pregnant. She presentedeherself to Stevens Hospital, but they advised that she simply use a - - "home pregnancy test.""Ms. Kohler was 40_years old ea the time. Her doctors conducted an . . amniocentesis andnonenor more ultrasotmds. - . Ms. Kohler that her office and tl1e bathroom at the Navy facility on Lake Washington -. - . 1(where she worked) did have asbestos. It was in part during the pregnancy, but she .-- herself was nottested for asbestos exp0sure.. The pregnancy was otherwise unremarkable; she_ . was taking no medication except Shedenied any use of illicit substances. - [Colton has an older half--brother who is twenty years older. The two "don't even really know . - - - ?each other." Ms. Kohler told me that she .didn't want anyone bothering her older son, since he has a head injury. This occurred ll - 12 years ago, and resulted from a tall &0m a roof Her son . 5 . Forensic Evaluation. - . - Sentencing[Disposition . . - . US v. Colton Harris-Moore - . September28,20ll . . . I - -worked as_a roofer. He now has "anger issues" and she noted that she has a hard time - . .- understandinghis speech, especially when he is upset]. - . - - Colton was delivered by scheduled Cesarean section in light of his -mother's prior uterine - Ms. Kohler indicated that the birth was rmcventiirl. She reported that Colton was 21" in length, but she .could not recall birth weightl He was unable to breast feed at the hospital and . was thus started on bottle -feedings. Colton_was not colicky. - . . Ms. Kohler- described Colton as a who was "easy" and 'cudd1y' as a newborn; She j- - told me_however that he "required a lot of attention" later, but was unable to provide any - - - . clarincation about what she meant. She reported that he slept through the night "right away. . . . walked early".and also "talked early" (the latter seems contradictory to his documented_ _speech - I . delays). On the weekend of ather's Day 1991 he rmderwent emergency surgery for an_ - . . umbilical hernia. Ms. Kohler reported simply that Colton was "out of diapers as soon as . - ?'possible.'? - - 1 . 1 - Colton's mother didr1't know very much about her son's history of friendships. She said that he . i - . "never Although she would not say he had a clear "best friend,?' she recalled . that Colton a niend in grade school "Scotty" for two or years. . - i When asked about particular talents, hobbies and"mterests, Colton's mother, told me about his - artwork. She indicated that he drew every day, starting some time around_agealso played with balsa wood airplanes, his own from a large sheet his mother . .t purchased. Healsojlrad a well-developed interest in animals and birds. The family had chickens and he "named an all," and had a very detailed knowledge of each bird. - . Ms. Kohler no.information about when _Colton _started puberty. Regarding romantic maj - -t - . sexual development, she stated that there were "a couple of girls he would talk. about. . .but he - I - . Ms. Kohler reported that her son was""usually pretty -happy," emphasizing that he was notably . - "depressed on Strattera right away" and the medication was discontinued two weeks. ['I`his is in direct contradiction to records that thoroughly- document a nearly- miraculous response to Strattera optimized to a_dose of 60 mg per day. It was regarded by Ms. . _Kohler as sohelpful that she considered suing DSHS that it would be provided for her son]. She described Colton as having long-standing problems with sleep onset_ up to 2 3 hours each night. Shereported that his appetite was generally good and that he had "a lot of er1ergy." She described his mental faculties memory, concentration) as "good." She did note that he was - . - impulsive, however, and referred to an instance when he climbed a tall Hemlock at the home one - day. when an irr-home therapist was visiting. . . . - - - I n` . 'Sentenc on- . - . US v. Colton Harris-Moore . - September28,201l - - Page 10 - - - - She denied any knowledge of suicidal ideation and/or homicidal ideation; She stated that she 4 knew of no auditory hallucinations by Colton. Both she and he did "seeing" his stepfather- Mr. Bill Kohler "once and a which was "comforting." It was_ not - - so much as a truevisual hallucination, however, as "a feeling you get." - - . - Colton's _mother deniedany of physical abuse by Colton, "but the . . . - poliee report say it did [happen]." She mentioned that Colton was rocks "the size . - - of baseballs athis_dad," he 'didn't want to barbeque and this precipitated the events . . -2 As it relates to harm-Colton did to 6mmQ she to her where she said there a - scar and explained that a door at home had hit her when Colton pushed through it during a . - heatedargument - - - When asked about sexual abuse Colton may have she-told me that she received a i - letter related to a "sex abuse allegation? made against a guard at Green Hill Juvenile . . . . Correctional Facility. The letter conveyed the allegation was determined to . - . . Late the Iasked Ms. Kohler to (complete the -Minnesota Multiphasic Personality i Inventory - 2 to assist in understanding her response reporting) style, and obtaining - objective data regarding her personality and emotional functioning. Ms. Kohler She did - complete the BRIEF-A, Informant Version, which is described below and concerns her view of I . - - - Colton's behaviorAUNT, MS. PUITNAMM, 2011mouths. older sister, Colton's mother. She reported that her - . . sister was_drinking alcohol at age sixteen,_and was a problem (daily) drinker for quite a long time before conceiving Colton._ She characterized herself as "ninety-nine percent certain" that her sister'Pam was drinking prior to learning she was pregnant with Colton. They were - -- - frequent . 1 Although Pam Kohler. and smoking after site knew she was Sandra has a_ clear recollection of Pam's continued cigarette smoking, and highly suspects that . alcohol_continued also. . - Sandra looked Colton when his mother working, from the age of Eve weeks to about Colton Harris-Moore . I . - I . ?September28,20ll . - - . I - Page 11 - . I I I age1Smonths.3r__ Sandra had been concerned for a long time about possible effects of alcohol exposure on I I . I her nephew, but Colton seemed tobe a normally developingninfant. I I I I doing the workweek daycare for Co1ton,`Ishe would see Colton approximately I I- I until age-three or four. Aiterthis, Sandra did notsee her nephew until age 13 or 14 - I I said Coltontold her he was living with a couple on Island times .I I II - I . wason therun from authorities. Sandra said that she called the Island County police to provide - I . . . the woman's first name, and- other identifying information. - .. . I I spontaneously told me- at _was clearly "depressed. . .you eould I it fiom how he reacted with his mother yelling at- him." She told me that he was interested in and - - - kind to her animals including a dog, cat and horse. She added that he does not have a violent . . nature, and "could not and would not have-fired a shot." - . I I I She recounted how he'dI come toI_her and used his metal detector tohunt for parts__of a I I World War H-era plane that She confirmed that he had been "obsessed" withplanes - I i a. very young age, and she impressed by the knowledge he had about theparts he foundShe_told me Ithat Ishe is with Colton.IICo1ton_ca1led while on the I . II more or less She_estimated that there were ten calls intotal, usually lasting thirty to - forty-iive minuteseach. Sandra m?ged?Colton to turn himselfin, and oirerea to help him do that, - but he told her repeatedly that he was that he'd.beI harmed by the authorities. His aunt . -INTERVIEW OF UNCLE, ED COAKEL 201-1, 1:30 - 1:50 P.M.: I I I I Colton'sImaternal uncle, Ed Coalcer, is sixty-six years old He is three years olderI_ I - thanColton'smother. . - . . Mr. Coaker conveyed that Ihe would-Eeduently "hang out" with his sister for the period of .I I - time six to eight years preceding Colton's birth and for two years following itSandra denied Pam's report of Colton b?i?S imduly sedated being watched by his older brother's wife later in . - his first year. Sandra told me, however, this womanwas a drug addict. I _Sentencing/Dispositionn US v. Colton Harris-Moore - I - - September 28,2011 - - I - - Coaker .felt that his sister drinking six days out often. He said that "atIleast once a . week'? throughout the pregnancyhe himself was. at bars drinking with her; . . I When asked specifically if she was drinking, he replied "sickingly adding that ."the_ I . I - pregnancy didn't her (11'lI1klI1g whatsoever."_ He stated that she was '*usually - - - . beers" and_ would "drink until she couldn't hardly walk." He also confirmed that she continued to - smoke-cigarettes throughout the pregnancy. He denied any knowledge of his sister using aura - Coaker thenegative influences aiterIColtonhiszsister as having "no morals whatsoeverfi _stating that Colton has a "disgusting? personforarnothervery upset with his sister. Mr. Coaker told me .that ten to twelve years ago his son,? - nineteen at the-time, was in some fashion stayingwith Ms.`K0hler. Mr. Coaker went to the trailer and found his son on the couch unresponsive. Emergency services and police called to the - home and it took them twenty to minutes to revive young man. Colton was there,I?but he was sent to his room by his mother. Mr. Coakerwas so upset by his_sister's'_involv ent aa . . - - this matter that "0n. my way home [he decided that she] doesn't exist in my 'worldnocontactwithhersincethen. .I I II I IMT. oaaka re?1sII guilty that ac did de time aa oemig, cq1am??1mQ1 no I I I . - -_childhood." He that his sister would _berate the boy _for. spilling milk, saying ?'I'wish you - I I I Mr. Coakersaid that Colton "should be punished, Iwhatever time Colton gets in jailCPS was `involved in Colton's life at_ age 4 (1996), related to an anonymous report of I. I -I __physical abuseby his mother. RecordsIindicated that Ms. Kohler couldnot be located and that . - CPS became involved again when Colton 10 (in 2001). This was_relatedIto concerns about I - II Colton's physical abuse by his mother's boyfriend, Van Jacobsen. Colton spent 2-3 daysin a. - "receiving home." CPS determined that Mr. Jacobsen, but not Ms. Kohler, was alcohol dependent. Mother told CPS that she ended the relationship, she declined services and the case wasclosedinlessthantwoweelcs. - . - . I . l- - l` Sentencing/Disposition . - - - - US v. Colton Harris-Moore . - - September28,20ll . . . . . - 1 .Page13` - -. n. In 2003,_Mr. Gordon Moore assaulted Colton physically. Police arrested Gordon Moore, who was wanted on warrants. Shortly thereafter, Colton was taken for services at Compass - - Mental Heath. CPS became involved. Mother refused services, but accepted services focusingon Colton. Within four months nom the time of the assault, Ms. Kohler refused services andthe 1 - - casewasclosed. Within (December 2003), in the course of Colton's Compass Health counseling, U. - - Ms. Kohler acknowledged her problems with alcohol, was referred for treatment, but did not - followthrough.-_ 1 . In 2004{there was some altercation Colton and his mother. was notified,. - -.but the case ?closed, considered as "information only.?' n. .- - . . In 2004 Colton told his counselor at Compass Health that his mother's was a significant -. family problem; Records reflect that Ms. Pam _Kohler told a member: 'YI'm?not going to stop . for no 12 year old." About two weeks later a progress note by Physician's Assistant, - i -Ms. `Susie Wilson reflects that Ms. Kohler refused to see her as part of Colton's . - 1 a CPS-Closing Summary, - . an - reflect a possible probation-related of Colton assaulting his mothernon 23,- - - 2_004 (at age 13). The case was closed on March 31, -2004._ .- . . CPS referred for specialized services (FRS) on May 12, 2004, the CPS was - .- closed on July 22, _2004 because mother wasnot cooperativeA'.Tuly 26, 2004-note indicates that mother treatment recommendations -by an . Compass Health. at was being suggested for Colton. . May 2005, Ms. Kohler an_At Youth (ARY) petition due her report of Coltonls an 1 assaults on her. CPS _was again involved in facilitating this,`but Ms. Kohler did not follow - through. By October 2005 Reconciliation Services (FRS) ended. - - . - A police report dated December 5, 2005 (age 14) concems a report of physical assault by Colton -- towardshismother. . - - Au anonymous _complaint was made at Green Hill regarding unwanted sexual touching by staff - - CPS investigated the complaint. Colton denied that he had made the complaint. The- issue was - deemedtobewithoutanybasis. - 1 - 1 r` l' - .- l. ll Sentencing/Disposition - . USv.Cq1tonHarris-Meeie . . - September28,2011 - -Page14? . - - EDUCATIONAL . Colton attended-a special preschool beginning at age 3. He wasclassined as . "Develepmentally De1ayed" and Colton qualified for Special Education Services. . Colton had difficulties in:_ (1) preeacademic skills, (2) appropriateplay with peers, . - - (3) pronoun usage, (4) specific word sounds, and (5) social communication/voice quality. - - . A Teacher Report dated May 18, 1994 indicatednthat the only color Colton could say was. - . "black." One ofthe identified educational goals was for Colton to "use` words in an appropriate Yway to express needs, wants, feelings and nustrationand refrain num aggressive belmvierj - I - No IQ gg arsin any ofthe school Furthermore, almeugi; considerationSocial/Emotional factors is gpjcally a component of `al Education/1\/Iultidisciplig Team - . evaluations, no such assessment is reflected in the school records. - Colton reevaluated on March 19, 199], approximately three years after his initial - asses wu ent. It decided that he no longer for Special Education Services. He was - - beginning in - - - - - -'Colton's deteriorated aem one school the next. . - an . I Inthe area-of attendance, and grades he 23,21 and 34.5 days absent- an - respectively. In he was tardy twenty-one (21) days. Despite this, and his prior history of . `Special Education enrollment, school records do not reflect any referrals for - -reevaluation/services.. . -Colton's Report Card-noted-that "Colt needs to continue to work on following directions and keeping hands to himself as Colt has dificulty with selfGrade his Report Card reflected a much larger number of behaviors identified as . needing improvement: working independently, working cooperatively, following oral directions, following writtendirections, assuming responsibility for his actions, self- control, following playground rules, following classroom and school rules. By the 4m - . Quarter he is noted to "struggle witl1_math" (June 1999). None ofthe five homework -. .- - . . . - Colton's_ behavioral problems were even more pronounced by the end ofthe 3'd Grade. Each ofthe following become bad enough to be called an "Area of Concern" -- demonstrates respect for adults, cooperates well with others, follows class rules, assumes . responsibility for actions. - . - Forensic Evaluation . - . . _samem1?gxnisp??1u??Se?ptember28,2011 -- - - - Page_l5 . . I On the Iowa Tests of Basic Skills, administered in grade (March 2000), Colton's Math Total (National Percentile Rank) was ar the l3ll' percentile, and his Total_ . - . . was ar the 21** percentile. Notable was his score on a subtest of Problems and Data - - Interpretation. His score on "St1ategies,". was a relative strength, standing out at the high . endofaverage, . -. . - . Colton participated in the Successfor All Wings program in 3"l grade. He was.noted to - . - . . have 'problems being kind to his partner on some days.' He was working hard on his - - answers, and_completed his work on time. Despite this, his level by By the end of 4m Grade, he hadreached the beginning 4ui Grade level in- Reading. . . On the Washington Assess-. ent of Student (WASL) Test, he failed to pass in . . - - the areas of: (1) Reading, (2) Mathematics, and (3) Writing. The only test that he _did pass .. - -- - Co1ton's Sm Grade Report Card reflects persistent problems in the area of ?'Social_ . Development? His iinal quarter grades in all areas but his`Math grades were - consistently poor throughout the year to By the of Sm Grade, he had - .- achieved only a 4.5 Grade Instructional Level in ReadingGrade,- his iirst year Stanwood Middle Schoo1,jColton` got very _poor grades, - - - resulting in a Final GPA of 0.714 (D-). Arelative area of strength was a obtained in . Science. The_Iowa Tests _ofBasic Skills in March 2003 resultedin the . following scores: Reading Total Language Total 13, Math__Total 23' (National - I I - . . Colton was absent and did not take the Test in - . . Discovery includes signed Release of Confidential Records Consent forms, which permitted - both the Snohomish County Juvenile Court/Probation Department (2003) and the Juvenile - I Rehabi1itmion'Admir1istr?ation (2005) toobtain this infomation. _It is miclear Hem the records . . . i whether (1) they requestedthe material and/or (2) reviewed it. JRA records do not contain -any - mention of Colton's signihcant early developmental delays, however. - I .'The . jirncrioning includes an eagzloration and descriotion ofthe evaluee is examination behavior; his - . - . manner of interacting and seb"-reports regarding mood mental processes and basic biological - jirnctioning-(eg sleep appetite, energythetime of the itirst interview, Colton indicated that he was not told about the visit in advance, - - and furthermore it appeared that he was unaware of my participation. or role in his matter. He . - I was nonetheless cooperative andpleasant irom the outset. . . . . - n. . - Sentencing/Disposition . - - v. Colton Harris-Moore - - - - . - `September28,2011 . - . . 2 Page 16 . - - . Colton was patient and while waited for the corrections oHicer to permit us to use aninterviewroom.- . - Colton us that the FDC's system andthat the auditory - strobe light alarms had been going off regularly since 5:00 Despite this, he displayed an .- - . . "easy going" and cheerful manner. Fortunately, the auditory alarm stopped at_2:00 and _the -- . .. - .001ma is (approximately and appears approximately`2 to years younger than - - . his age in overallmanner. He was appropriately dressed in detention garb and groomed. - - contact was His motor activity was within normal limits and- there was no indication of . tics, twitches or other abnormal involuntary movements. - . . . - Colton demonstrated an adequate understanding of the nature of the-charges he is facing as well -- as relevant issues the legal process,'in particular therudiments of plea agreements; In . . - light of this and the absence of eoncems from his lawyers regarding Competency to Stand Trial, i - - Colton did not elect to during the evaluation, even when it His _1 - overall manner that of earnestness. He forthcoming and there was `a notable absence of - guile. On one occasion he demonstrated "a subtle of humornoticed-some ofthe difficulties in "1'ea1 _life'? elicited by the. . I . various tests, he _indicated`that-he only *'started about it short-term memory - i _.problems] in the last six months. He_ could not give an example of such problems. --H0wever, I - . - - Colton stated told the teachersthis is not making sense to me" Hequently. When asked why he . . . . thought he might have thisjproblem short-term memory], he reported that he lived in an old . - house, which might possibly have had leadnpaint, until age 14. [There is also-a possibility.that'_ - . the trailer he grew up in is by _mold due_to a history of it not being watertight]. . . TESTS: an - 2 U- May 24, 2011, Ms. Chris `Rebholz - . . - tests to Colton- in my presence.4 . - 1 - . Colton was the following: - 5, 2011 'Deelaration Supporting Allocation of Federal Ihmds for Professional Services' at p. 2, - Forensic Evaluation - - - .-.. . - USv.C0ltonHarris4Moore . - - - September28,2011 - - . -Y 1 Page Wechsler Adult Intelligenee Scales, Fourth Edition (WAIS-IV), and, - - Assessment (RBAN S). The results were comparedwith those: generated by ?Dr."Delton Young, in i' -- '-May20Q7andshownbelowThe Test is an extemal- test of` response style used to assess whether effort is I being demonstrated by the Mr. Harris-Moore produced a score of 95%, suggesting-__ - that he was making adequate e&`orts to attend to the tasks, supporting a conclusion that other test - _resultscar1bevit-zwedasvalid. - - ADULT INTELLIGENCE SCALES, FOURTH EDITION (QAIS-I-Y 1: - an index scores, which -are fully "interpretable",- consist ofi -. . an I. . . The index scores cannot be interpretedas a construct-due to_ statistically sigm 'Hcant differences in the results of the- subtests composing the scoresstatistically significant differences in Harrisell/Ioore's WAIS-IV index scores as the VCI (103) and the The VCI (103) and PSI (89)_are also significantly differentvariability it, cannot be as a unitary construct._Because of" - - . the prominent "scatter"_within the subtests, a reliable Full Scale IQ cannot be derived. Explained most straightforwardly, when tl1ere is considerable difference-between scores a given category, simply adding them up and then an average will not result in a true, . - accurate or reliable number. - - Forensic Evaluation - - . i . US v. Colton Harris-Moore - - I I 'September28,201l . - . . .Page18 - . . - in RBANS TEST - . Co1ton's resultsalso show significant levels of scales. His scores Immediate-Memo . [65/81*_ . . . - Visuos tial/Constructional 102Y 55 - I - - - Attention . - aottoa,ttaSpeciically, scale (102) more than deviation . . greater than the: (1) ~no01'y (65/81), (2) Language (85), and (3) Attention scales an Coltonis ZWAIS-IV and scores showed statistically signincant differences when looking at various indicators of his cognitiveand fimctioning; . i RBANS, in particulanfunctions a '#sc meaning that it is used to ferret out - abnormalities,_and if pg further and erraminmion. Due to these statistically- . ?signLii' cant diH`erences, additional te@' was recomm and Craig WL - Beaver, was asked to a more extensive neurop sychologjcal test bag;. EVALUATIONThe following consultative questions posed to Beaver, and provided below. - an - - The questions are followed by Dr. Beaver's response, which I have summarized from his report. _1 Dr. Beaver has reviewed this section of my_report and endorsed itas accurate. - - - - - esticn Onprior-testing that was administered RBANS and WAIS-HO, was Colton - . exerting his jiill ejort? Can those findings be relied nponThe Memory index includes the List subtest. During the of the-List Learning - . -subtest, Mr. Harris-Moore reported that he had misunderstood the original Because of this circumstance,?the _scaled scores were calculated two ways; (1) using the actual results ofthe List Leaming subtest, whichyieldedanImmediateM oryscaledscore . instructions to the List Learning subtest, which resulted in a (higher) Immediate Memoryscaled score of 81. . . - - -. US v. Colton Harris-Moore . - September28,20ll - - - l- -Page19 - . . .. Beaver noted that during the May 2011 testing by Ms. Rebholz, Word Memory Test results were consistent with adequate .eH`ort. - .- ln Beaver's own examination of Colton, he relied upon two internalivalidity measures and an i additional external validity test. Since all three were passed favorably, Dr. Beaver concluded that - . all the test results could_be taken as valid and reliable. He also noted the n. . - - consistency results between the various testing sessions nom 2007 to present, which tiirther reinforcedthe likely validityof the results obtained.? - 1 . - - estion Is it likely that the problems jbund on testing represent 3 . persistence fom childhoodtesting by Chris Rebholzshowed that Colton ??av?1ag? intellectual abilitiesfi but additional inedepth examination revealed- that there are "signii?icant select . - neurocognitive deiicits," as by results. . - an foundthat Coltonhasthe following problemsnn- problems organizing verbally expressing his thoughts in anquickn an - andconcisemarmer, 'r - - Mathematics Learning"DisorderAttention/Concentration Problems? impulsive responding, i . . Problems processing of new information -- especially visual informationDr. Beaver felt if Colton's current problems with Verbal persistenceof those `Speech and Language problems for which Colton received Special - . - . . Education services in preschool; . - - 1 n. Similarly, Colton's poor performance on the Wide llangen Achievement Test's . - . mathematics section is consistent with both his academic records and Colton's self-reported . 'j . - - Colton's prior records reflect an early concern about Attention Dencit Disorder (ADHD), and at least one medication trial on Strattera for this problem. Although Dr. - Beaver did not feel Colton had "classic" ADHD, he did highlight the presence of rneaningihl problems with attention impulsivityGoing further, Dr. Beaver concluded that- the neurocognitive difliculties foundnonltesting are the kind that would result in academic problems even in the absence of any behavioral issues. Dr. Beaver notedthat such verbal fluency an ory problems wou.ld make school "rather i . Forensic Evaluation. - - - - Sentencing/Disposition - - . . - . - US v. Colton Harris-Moore - . -- Sep1?ember28,201l - - . - - an - - He commented that he found it; remarkable that a more comprehensive . . examination. . .was not completed early_on. The pattem of his behavioral asrsauues, early- I - special-education and speech problems should have been awarning signi prompting further_ study and doingso would have potentiallyestion #3:lConsidering_that the clinical picture does. not seem to he likeclassic like, l. - would a? trial of pre- and post?metlication CPT-Hs) be useji1l?_ With the issue._of Colton's possible `#'chr0nic underlying Beaver opined . that Colton '$could benefit from a trial of Regarding the issue of attention, Dr. - . Beaver preferred to "defer to Dr, Adler _with regard to treatment - . n- an Qy` estion In light ofmother oonjlirnration-ofsome-prenatal alcohol erposare, what is- the - most likely origin of Colton 's profileDr. Beaver that"'the _etiology of his deficits is unclear." Dr. Beaver felt that Colton's . i - test_ did not appear to meet the criteria for a diagnosis falling under - . - - the of a FASD (Fetal Alcohol Spectrum Disorder). [Paul Connor, reviewed the andconcluded that both by the strict criteria and based on the totality of the case data, . the datawas consistent with_FASD. Dr. _Connor's consultativereport is . - . to area]. . - Looking the totality of profile, Beaver did not feel that - . "environmental irnpoverishment" was "the- cause of his . Qy- lestion Taken all of testfindings. together,. what does this mean far his nacadernic . . - . planning remediation, and overall progrmsis?. - I - Beaveropined that Colton would EUR'clearly-benefit from more aggressive -. educational/vocational remediation and intervention.? . - Dr; Beaver made speciic recommendations -including?(l) extended time for (2). multiple . choice as opposed to_ essay _type test formats, (3) structured and enhanced study periods, (4) - remediation in Mathematics, (5) Speech and Language-Therapy remediation, (6) assistance and/or accommodation communication, (7) reduced academic course loads, (8) vocational counseling, (8) long-temi individual and (9) positive role-modeling programs. Dr. Beaver in his report stated that were features present "that would indicate he has the - 1 potential become a "normal" adultand a contributing member to his community." Dr. Beaver 1 -- - .1 - Sentencing/Disposition `1 - . - US v; Colton Harris-Moore - . . - _September28,20ll_ - - - 1 - noted that Colton's overwhelmingly adverse life circumstances, however, had deprived him of an 1 1 1 "adequate'opport1mity-in this regard." [The diagnosis of ARND (see below) does color the . - 1 overall matter and the need for optimalstructure, guidance and supervision]. . 1 1 . MINNESOTA MULTIPHASIC INVENTORY - IThe MMPL2 is the most jrequentbz used tests in bothiclinical and forensic work - Jhe is a tool used to assess personality, mental illness and also provides insight into an 1 evaluee 's "re.sponse styleconsists of 5 6 7 statements to which the examinee is asked to respond "true i' or 1- 1 'false. It is computer-administered and scored . - 1 . . 1 The use ofthe MMPI- 2 is that of a "h)pothesis generator. Its resultsare based on actuarial data. Injerences are made by comparing an individual 's response pattern, or profile, to similar - . - patterns produced by a large number of other .individuals of similar age and gender - Statements or observations about a particular person who has completed the ALMPI-2 ought not - . to be used in isolation and should be compared with additional data in arrivingatprojessional 1 . opinions there is a1need for the information_relied uponto have "convergentQ - . -- 1validityTQ.' i I 1 . Colton's test was sent to the internationally-recognized MMPI expert Alex Caldwell, - - Caldwell read" the MMPL2 "blinded"? henhadno knowledge of Colton, his - Dr. Caldwell was only provided with demographic data (age, gender, years of _school completed). 1 1 Colton's MMPI--2 profile appears to be both valid and ing@ble. Dr. Caldwell advised . - 1 . regarding the need 1"for an element ofcaution in the use of his test results," owing to slight - inconsistent responding or efforts to "look_ sick;" Further_ examination of the supplemental scales . suggests that the greater part of Colton's elevation on the Distress) scale was probably due Overall, theproiile Colton_produced indicates "an acute identity crisis of young adult life." Colton tested as a pers0n_who was out with poor impulse controls and defective judgment 1 . andforethoughtDr. Caldwell cautioned that experimentation with alcohol and with tension-relieving drugs might . . have led to serious breakdown of impulses. Colton's results reilect a potential `vulnerability to . chemical addiction. The long term risk of eventual abuse of and dependence on drugs, alcohol, or i other chemical agents was described as signi:I:icantQ 1 1 - 1 - Forensic Evaluation n' . - - _Sentencing/Disposition . . - USv.-ColtonHarris-Moore - - - - September28,20l1 - . - 3 - Dr. Caldwell predicted Colton to have sensitivity to anything approximating a personal rebuii`. . Colton tested as moderately introverted and socially shy; His specific MMPI-2 pattem has been - . labeled the "chip on the shoulder" or "woundcd pride . - Dr; Caldwell remarked that many similar casestempg tmtrums were a major way of - I - - . `getting what they wanted .as children as well asa-way of deg} with tal indifference and - . - - limited aH`ection." He identified likely issues of shameabout his pagts and the family home. . - Dr._Caldwell characterized Colton-'s profile as related that what Dr.` Caldwell means by this-is Colton's problems . - result &om victimizmion involving cruelty. Colton received this instead ofthe caring and . . . . . . Given the comments above, Dr. Caldwell identified the important_ role of the family in the - treatment? of persons with this profile. He stated that many similar cases, work with the family to help to clarify their feelings toward the patient and _to plan how manage his . behaviors was reported_ to be of more long term benefit than efforts to treat the patient . . in Intensely hurtand angry feelings about his current emotional relationships . .. i arealikelyfocusoftreatrnentf -- . Dr. Caldwell continued: .he is apt to be slow to reveal historicaldetails because of his shame . - . - about his familyand hisdislike of being seen as anangryand resentful person. He-could make a - . . . show of indifference about an unfavorable or disrupted current situation as an outward defensive - - . front and_ as a partly react to the therapist as a parent- - i surrogateand then test him with negativistic?actionsanalyzing the results, Dr. Caldwell Qadvisedthat one should consider?". . .how he [Colton] -. - expected- the test results; to be used. That is, he appears to have had some concerns lest the results reflect poorly on him or-perhaps end-upbeing hurtful to his self-interestsDr. Caldwell contrasted the "traditional diagnosis" associated such as profile Paranoid . 5 . Personality Disorder) with his expert formulation. Hentermed Colton's profile as one of . - 'sensitization'to unfairness} This is oiieniseen as an adagtion to a childhood marked by "cold - I ents - - . 1 . Persons with this profilehave often been exposed to "(especially punitive) actions against self -- . and/or others. They can react, _showing poor control and poor anticipation of the consequences of - . their actions, and they do not recognize their own internal conflicts and anxieties. Irritability is - - . apt to lead to temper problems. At more severe levels the person can become litigious or even dangerously retaliatory when he or she believes self (or society) to have been seriously and - callously mustbe stopped from hurting others."? . _Forensic Evaluation - n` . . Sentencing/Disposition - . - USv.ColtonHarris-Moore - - - - - - Septembe1?28,?2011 1 - - Colton'-s 107, which-represents a marked elevation. Dr. Caldwell . . Ypointed out that such elevations are associated with understandings of onels world . 2 and misinterpretations of theintentions of others and this could add to potential dangerousness, including not letting anyone in too close emotionally.Most of all, is section in Dr. Caldwell's report the "Con11?ibutory - - n" -ShapingHistory"ofColton. . .. . like thejone-Coltonproducedr the parental tions or rules guite literally, without consideration an- - - . or flexibility regarding the needs and distresses of the-child. Parental (or other family members') - - tempers ag to have been intensely threatening and frightening to the gon as a small child. - The pgts-were epcperienced as pn imitive and coercive ofthe child's will and punishments were oitensevere."? - - 3 - . the-test results; f'The risk of delinquency and of - - . - . difficulties with the law appears at least mild to.moderate"_ (i.eg but not severe); - - . Ravxsno- (11-11The Jesness Inventory-llevised designed help caseworkers, U- - - teachers, youth counselors, and parole and probation stafbetter understand the nature and - . - differences that define the groups of people whom they work. - The computerized report produced is aninterpretive aid, which should not be used as the. sole . basis for intervention or clinical diagnosis. The is best used when combined with other - - 5 _som?ces of relevant information observation, historical information). Clinical skill must be . 1 . - applied to detect interpretive subtleties that may exist for specific cases. - . The results of Colton's JI-R consistent and I-4. lt was hoped that- one ofthe proiiles could be elected for presentation over the other. However, both the I-3 and_I-4 - 1 - profile descriptions seemquite apt and excerpts hom each are presented below. - - . 1 The Scale scores reflect that there was little to indicate that Colton was presenting an - . unrealistically positive image. Also, he appeared to attend to the itemsin a manner than did not . I reflect any randomness or carelessness. Thus, the profile was considered to be valid and - . -inte1?pretableSentencing/Disposition .. Coltonl-Iarris-Moore - . - - - September 28, 201-1 l. - -- . 'Page_24` . - - Colton's T-score for the Social Maladjustment (SM) scale does not indicate a problem. His score - - -. on _the SM scale suggests that Colton generally disapproves of antisocial behaviors and attitudes that are guite different frornthose of delinguent ns. . . . . . Value. Orientation- Persons high on VO tendto the at persons . - value "toughness," tend to blame failure_on bad luck, seek thrills, and are inclined to be gang- oriented.- Colton's T--score for the scale was not significantly elevated. - - The (Irnm) scale measures the display attitudes perceptionsof self . and others that are most typically held by persons of a younger age. Note that this scale pertains . . to.attitudinal immaturity, not physical immaturity. Colton's maturity level was comparable to - . . Otherindividuals inthe sameagelgroupAutism_ (Au) score. Individuals high on the Au scale havetheir regulated by personal needs absorbed in self-centered, subjective_ mental activity.- - - Colton's profile did not include an elevation on the Au scale. I Alienmion (AI) score. AI measures the presence of distrust and estrangement in the person's - - attitudes towards others, especially those representing authority. Colton's T-score did not . - - - indicateaprobl ofaliena1:ior1._ . . . Manifest Aggression (MA) score measures awareness of feelings _of and 5 an - - tendency .to react quickly with emotion. Colton's score does not indicatejan awareness of . . - problems with anger or aggression; - - - - - Withdrawahdepression (Wd) measures a-tendency isolate one's self hom others a_ ll . .. perceived lack_of satisfaction with self and others. Colton's score does_not indicate- a problem Social Anxiety-(SA) score measures perceived emotional tension, anxiety), - . especially respect-to interpersonal relationships. Colton's score does not indicate a problem - . . `withSocialAnxiety. l- . - Repression (Rep) refers to an atypical exclusion of feelingsor attitudes (especially of hostility)- from consciousness. Colton's Rep score does not indicate a problem with repressed thoughts. Denial (Den) measures an-individual's're1uetance or aclmowledge unpleasant aspects of reality which are found in _day-to-day living. Colton's score does not indicate the use of - as a defense mechanism Forensic Evaluation - . Sentencing/Disposition1_- 1 - 1 - USv.Co1tonHmris-Moore September28,2011 - 1 1_1 I 1 Asocial Index (AI) refers to a generalized predisposition to_ resolveproblems of social and -1 -1 I I . personal adjustment in ways ordinarily regarded as showing disregard for social customs and rules. The Asocial Index and the Social Maladjustment scale are the best measures of 1 I 1 delinquency and adult criminal proneness. Colton's -scores on-neither the Asocial Index nor the I Social Maladjustment scale were sigxm cantly elevated. Thus, there is no strong evidence of. 1 I I- _1antisocialtendenciesConduct Disorder Individuals with Ia clinical diagnosis of Conduct Disorder display 1 I I 1 behavior, which is "repetitive" and "persistent" in four aggression to people and 11 . '1 1 animals, destruction of property, deceittulness 1or theft, and1 serious violations of rules. Colton's 1 I. 1 T-score for the CD scale was elevated. However, a T-score in this gge is not usually - I `1 indicative of a major problemwith the_ behaviors associated with Conduct Disorder. 11 - I- 1 Qppositional Dehant Disorder (-ODD): Individuals with a clinical diagnosis of Oppositional 1 11 Defiant Disorder display 1a pattern of "negativistic, hostile, and defiant behavior`?. Co1ton's 1 1 score for the scale does not indicate a problem Iwith the behaviors associated _with Oppositional Statements related `to the I-3 Pronle are ggted belowmost applications, such_a person is best termed a On the restandardized version 1_ 1 (JI--R), a similar percentage 1+ 16.4% of non-delinquentsversus 18.4% of delinquents/criminals - The following were found to be characteristic of this subtype within deligqzient/odender 1 1 1 samplesEarly involveinentin delinquencyWhen in school, somewhat negative attitude awa teachers, but motivation for 1_ 1 school achievement higherthan most othersubtypesGenerally positive attitude about parents. However, a history of conflict with_ I 11 11 1 fathers is common, and overprotection and lack `of discipline by mothers has 1 1 1 1 I I- allowedth to get whatthey want most ofthe time. Mothers of "Pragmatists'? - 1 1 I tend to-be inconsistent, being at times rejecting (even sadistic), and at other times 1 1 . `accepting.`Some distrust of, alienation fiom, and hostility towm*d authority, which may not . 1 I - - 1- beapparentonthesurface- - 1- 1 1 - Evaluation - . . Sentencing/Disposition . - - n. USv.ColtonHarris-Moore . .September28, 2011 - Page26 . - . I-4 Proule Ty; (QNA) AutonomygOriented -- Neurotic, A@g' Out): - . I Colton's profile was also- classified as NA. In most applications, a NA is best regarded as or- - termed "Autonomy--Oriented". However, when dealing with deviant groups, the term "Neurotic, . . . Acting Out" may be more appropriate. On the restandardized version (JT--R), 18.5% of non- . - . - . delinquents versus 13.2% of delinquents/criminals classified with 1-3 gpgs, those at the I-4 level show more evidence of internalized standards by - which they judge -their own and - . . - Consequently,. some individualsof-this type may guilt over their failure to live up to The guilt may be reflected in a rather defiant that is a cover-up for an early ('Ybad me") - I image of inadequacyor unacceptability. Those at this level show some abilityuto look for and . understand reasons for their behavior. They show some awareness _of the e&`ects of their behavior on others and of others' behavior on th An autonomy-oriented individual's"overt stance is .. usually one of adequacy coupled with an- emphatic for independence. - - . - . Friendships are made on a selective basis. Persons ofthis subtype ofteit anticipate anparent/child - .i . type of relationship _wherein'others'are attempting to control their behavior. Becausethey expect . I . -Y - . . are supportive persons to whom they can Apparently because of their need to cover -"bad me'Y image, they are often reluctant to reveal much of themselves or to allownpeople to . become too emotionally close to them for fear that others discover how "bad" they are. Wh_?i1 behavior @b1ems' occur, they- are often related to a family problem or to a log.standgginternal confligt, gcularly invol@ the internalization of a tal gg or authorig Egg. 1 - The following found to?be characteristic ofthis subtype - - - - - Background: Typically from average (to above average) socioeconomic home - . - - environment; prior patterns ofrunning/escape are.not uncommon. 3 - School/Achievement: Tend to be above other subtypes in intelligence,'but'ofien pres - - -- behavior problems in school (despite generally positive toward teachers). - Perception of Family; Most likely subtype to express negative feelings regarding family - . (especially conflict with father); see-family as lacking cohesion,'mutual trust, and as - - conflicted and argmunentative. Realize they play a part in family problems. Forensic Evaluation - . - . a tenc iti0n - . . . -_September28,201l - . - . - 6 Self-Concept: Profess being smart are disenchanted and not really sure of - . - . . themselves. May be perceived as "mixed up" (and may also see themselves mixed-up). . Aware of feelings of anger and of being easily upsetAuthority: Tend to have hangnips with supervisors/counselors and others in authoritywork effectively with the NA, it is necessarytogain his or her respect. To be seen in a' 1 - . - non-authoritarian role,_ staff must be to admit to errors and inadequacies. . Counselors. should be honest and avoid a H?ont of authoritarian They should . - avoid being hypercritical or faultQiinding and be. willing to be available for any attempt rr - - - interaction. Because the search for autonomy represents a principle drive personality, the staff member should- not be control-oriented and should be to - I - - allow the client considerable heedom to make choices and decisionsj . - . . . The long4term goals of treatment include identifying, reducing, andresolving intemal - . . conflicts. The client needs to appreciate and accept limits on behaviorbeeome more considerate of others. A desirable objective is to moderate the"NA's need - i - . for defense mechanisms that keep others at a distance; Treatment staff should help clarify . . the NA's perception of self-and to change the self-image away from 'lbad meattain these goals; therapists should work to develop a mutually and . - reciprocal-relationship. Focusing trea1:ment on behaviorproblems may not be . - - . 1 helpful. It is usuallybetter to focus on underlying feelings and This approach .. . may, however, produce a negative emotional response from the NA. If so, staff should - . . offer supportin sucha way as to avoid threatening the individual's self-image of - independence. Individual counseling usually works better than group cormseling because the NA's self--image of inadequacy prevents him or her &om discussing_problems Heely .- isposi1ionColton Harris-Moore - September 28, 2011 - - -. - Page KINETIC l. . Colton was provided paper and markers of various colors and asked to draw i'your family doing - - some ac1ivity." Colton was cooperative with the and asked: guess you want me to use - - __diH`erent - . - . . I . - - . His- is shown below, reduced in Colton explained that it featureslhis _dog,_him - . - his mother T'at the beach." Colton and his mother are as stick Hgures. Colton is drawn as . - - smallerthan his mother, Although Colton appeared to take his time, the drawing is nonetheless . and to be representative of something that would eern tit Forensic Evaluation . . - 2- . . . 4 US v.?Colt0n Harris-Moore 2 4 4_ September28,2011At-Gexanrinatien of May 24,_ 2011 the Gudjonsson SuggestibiIity'Scale -- 2 (GSS- 4 an 2 The GSS addresses the. susceptibility an to information, in 4 the context of interrogative questioning that features "leading questions" and pressure from 2 - 2 4 4 -- authority. The exatninee is read _a short story containing 40 distinct elements. The exarninee is . 4 . . 4 then asked__to recall.as. much of the story _as possible. Thus, the score achievable them "leading questions." 2 2 all 2 Alter the iirst round of questions, the- exarninee is told that some of his are notcorrect, 4 2 and the questions are then repeated. It is noted how4many times the examineesuccumbs to the -2 misleading questions 4o1r'the Hist round Yield 1) and_ how many times hechanges his 4` 4 . . . . answers_ from the to the second round (Shift). The sum ofYield l` Shih is reported as . . com cooperated fully with the resting exhibited 2 2 4 2 reasonable effort as he tried recall information. His are reported belowvs_ _w_a v_;qq2252244 .Yi?1<114These results that Coltonis was impaired. ilu addition, his tendency to . . yield to pressure hom authority is twice that of that. of normal ll - 12 year olds, and greater - a comparison group of adults. Findings such as these are consistent with 2 - 4 impairmentGudjonsson G. The Gudjonsson Hove, Sussex, UK: Press, . 7 Pollard R, Trowbridge B, Slade`PD, et al. Interrogative`Suggest1'bility in a U.S. Context: Some Preliminary Data on . - Normal and Subjects..Personality Individual Differences, 347(5): 1101- 1108, 2003. Evaluation - - an - . US v. Colton Harris-Moore - - September28,2011 - . . -. - Page30 I DISSOCIATIVE EXPERIENCES SCALE -- - HThe consists of twentyeeight (28). statements which respondents asked to endorse the I 1 - percentage of the time they have the experience described. statement is followed by an . - eleven-point Likert Scalethat extends from "Neve1?" to 100%) in 10% - increments(2) items, and both ata level of only The average-for the 28 items in . was 0.71.. The General Population and - DAC is test.9 also useful an of- - - . validity! "response sty1e" including possible and/or exaggeration of deficits). - An examinee isasked to place_ the numbers on a sheet ofpaper that already has a circle on it . "like a'clocko?1wIQ?_s me is shown below . Coltonplaeed the numbers- on the outside ofthe cirele, not on theinside. Aside this,. the - numbers are around the, circle. [In my the DAC over 50 . . times, this the second time] _ever_`seen_ianyone place the numbers'5ii`the'outside ofthe 1 . . . circle. The first such response wasprovided by Colton's mother]. His approachto the-DAC may . - - . represent elements of impulsivity and executive function negatively impacting on the _j task. issues may also be relevant. - - . - - Carlson FW: *'An Update on the Dissociative Experiences S_cale," Dissociation 10 -- 25, 1993. n. 9 Shah J. Only Time Will Tell: Clock Drawing As an Early Indicator ofNeuro1ogical Dysfunction. i - . - . _Sc11tcnci11g/Disposition - - - . - Forensic Evaluation - P- . I - Sentencing/Disposition - - - I - . . September28,2011 - . Page BEHAVIOR RATING ORY OF EXECUTIVE - .- (BP INFORMANT VERSION COMPLETED BY MS. PAM KOHLER - .P COLTON 30, 2011): . . . - . thepublishers of this-test,1? the is a measurethat -. - an . . . - views of an adult's executive iimctions or self-regulation in his ornher everyday environment. - P- The test is composed of 75 items from which the following scales are derived,'reflecting various - . `Self-Monitor3..P1an/Organize, . . - P6. PTaskMonitor,` - an . - 7. Emotional Control, PP I - 8. WorkingMemoryOrganizationofPMaterials._P - - PP - The test demonstrated evidence -0f reliability, at Sensitive on - . -. timctioning `in individualswith arange of eonditionsaeross a wide age -- . . range. PI am unaware, however, of its applicabilityin forensic .circi1tnstances. 1P- - - Interestingly, flieglilldillgs testing abwe) and MS-. in -. 3 . - significant elevation one that a problem) was the Self-Monitor scale. I . Pmoii EVALUATION, DELTON mo., 15, .2007: - - I . ?:The evaluation done at therequest of defense counsel. Colton evaluated the - I - PDetention facility ia Coupeville, His mother was interviewed by phone. - . . . Colton been on February 10, 2007 andwas facing 23 charges, the miority- . - ofwhichwerefor possession ofstolen . - - - - - - . He was, to go in`?JuvenileP Court in August 2006, but fearful of incarceration, he told Dr. -- - Young: took off before the day ofthe trial." He was in hiding for six months, staying with - he met while on therun. Itwas during the six months in hiding that he accumulated the 23 criminal charges referenced above. September 13. 2011- I . Forensic Evaluation . - - . I - - Sentencing/Disposition . . . US v. Colton Harris-Moore - - . . . I . I I Interview of Colton's mother by Dr. Yotmg producedan account-of a generally normal early_ I development but for Colton's tendency to "beat head on the wal1_ when he was a?toddler." . . Colton's father (Mr. Gordon Moore)I was in and out ofthe home tmtil he was live, but was then . in_ prison forlseveral years thereafter. Dr. Young stated that irorn his review ofthe records-the I . father at some point told he had killed peop1e," but that this not been . - Colton reports that heI felt a `elose relationship with his mother when he a young child, upIto I . . tive or six years of age. also reported that he had_enjoyed a very positive relationship with I - . I - Aunt Sandy _"1mtil myImom alienated them.".Colton that when was 10 or .11, it . . became clear to him the extent and thedamage of his mothers alcoholism. ?He reported that on - . . - one occasion he tried to give her a'Bible and on another occasion an AA book, but "she burned He reports when his mother is she isI"mean'i and "she will break my - I yells and screams at Colton stated that when he was l1_or 12, she became - increasingly angry, and she seemed earelessand less about his attending school and . - ilmctioning asI a student. He stated that she never did_ help him with his sehooling. - - . When Colton was four years old, a citizen reported to CPS that "'he_saw a grab a small . severely." - - - . Another referral, in`May of 2003, indicates that Colton's fatl1er, Gordon Moore, assaulted - that the taIken_away-IenioutstandmI I I bythe I II - ?"Chi1dIalleges Gordon threw him into some nettles and held himdown by the Child - - . alleges Gordon-stated 'don't you know, Ihave killed three men because_of my . _child took as-Ia threat". His mom was drimk and screaming at him and after me police left,-she . - - . stumbled around "what are you going to do now? They have taken your father away" . . - - _Colton was "quite attached" to his stepfather, Mr. Kohler, Ieven though he was nota person who - Coltoncould'fcounton;" - - .I-I . . -'In the home at the time of the evaluation was a man named Van Jaeobson who resided in the - -I home "on and off' during the prior several years. Colton has a maternal half-brother, Paul (3 6) . I - who was living in Granite Falls with his two children. Colton had not seen his brother forat least - 2 two years,`and he that his mother and Paul had no contact for several years.`There are - - -I noothersiblings. I . - .. He also has been prescribeda wide range of medications including antidepressants, stimulant medications, mood stabilizers, and even an anti-psyehotic medication. - Colton last attended school regularly-at the Lincoln Hill Alternative School in Stanwood irom . -I . the middle of the 2005-2006 school year. He reported, however that he was absent much of the I - time. He stated that he was home sleeping, and that his mother did not make much e?ort to get . an an . - Senten tionColton Harris-Moore . . . . Septe;nber28,2011 - . Page34'__attend school.- Prior-to transferred into the Lincoln Hill Alternative School, he had . 1 - Stanwood Middle School for the previous two and ahalf years. While at Stanwood - . - - Middle School, he accumulated numerous incident reports most of which were for truancy, . . . between 2002 and 2005. The incident reports also included a theifvandalism, and three incidents of harassment/bullying. Most of these incidents resulted in suspension (ISS). . However, he alsowasexpelled onone occasion. - . - . Young's of S/2lt2007 included six subtests ofthe Wechsler Intelligence'Scale for larities . 10- I -50 Standard. 1 i 37 senders . Mmrixkeasw 37 . _smdard . .. .- - -. . Information `37 - Substitute . - - . I - --Ar1r1m;eu? . 37 . subsamre- - - -. -. not aresult, only (VCI) could be calculated with Dr. Young's results; the VCI 98 (45*1* percentile).- 1 . :`Colton generateda va.lid'Millon Adolescent Inventory (MACI) high-self--revealing 1. n' inclinations and some self-deprecating response tendencies. The clinical profilejsuggested an . . adolescent with depressive, fearlnl, and socially anxious attributes. He appeared to havefeelings - . of self-reproachand guilt; his profile was that of a who would often appear somber. 5 suggested-that he felt resentment toward those upon whom he must lean . because he feels that- they are inconsiderate and critical. Because his security may be threatened . when resentments are expressed, he may tend to discharge them in a passive-aggressive or self- . . . defeating mamier, Feelings of inadequacy and emotional are usually present with . - mixes of mournfulness, dej ection and guilt. He ered to sujer a grsistent, chronic state .Dr. _Young that Coltonrecalled having by adults throughout most of I . his childhood. Rem bering incidents in which he _was abused, he feels a degree of anger and Some ofthe tests performed arenpart of the-standard battery often used. full-scale i . IQ otherscanbe substituted for the standard subtests. - - Forensic Evaluation - - - . .- ition - . - 1 - USv.ColtonHarris--Moo1e .. - . . . - - - September28,20l1 -. . Page contiision. He is likely to show quick and impulsive reactions with inadequate thought given to - - - - . the consequences of his behaviors. There may be an ever increasing spiral of diHicu1ty_within . - . . family settings, (depression is.an integral part of this adolescent's current life). He . likely has feelings of uselessness, dejection, pessimism, discouragement, and pervasive self? . - Persons with a proiile like Colton's will describe life as meaningless and He described - - serious problems at the family and lack of support. Such may reflect either severe- - i - parental rejection or possibly a sharp break on the part of this adolescent as he asserts his - - - - - Dr. YOLIQI noted that "several aspects of Colton's nal timctiog make it clear, however, - that he. is not agpical antisocial youth;. .He is best understood throgghhis p` sychiatric attributes . -Insigh_tfi1lly, Dr. Young commented that: ?'Given tl1e` destructive habits we haveg, of course, -- . he would beneit from close p' electronic home monitoggRegarding disposition, the evaluator stated that "Colton-s11rely cannot be expected to stay on a - positive course living in his mother's home." He felt that Colton's maternal aunt, Sandy Putnamthe '?Diagnostic Forniulation," Dr. Young opined [with sorneinexactitude] that; - - . "Colton came into the world.as a healthy infant and toddler. Unfortunately, he _was bom into a - home situation marked by instability, loss and alcohol abuse. . .Colton's home and family life - - . . precluded thedevelopment of basicntrust and health in the child. By Coltonis . . account (and that of numerous available. records) Colton's mother has been heavily affected by - alcohol abuse throughout Colton's developmental years; and there been- a variety of men in - - thehome - boyfriends and husbands who hadtheir own alcohol and drug addictions. . . . Colton isan intellectually capable adolescentboy who surely would be able.-to succeed-in" - . - . . academic and occupational endeavors_ in theyearsahead given regular attendance and - emotional stability to sustain attention andnfollow throughy For several years-now, his ability to . apply himself to his even to care about it--has been severely lacking, -and he . - - has missed approximately half _of his school days in the Stanwood Middle School and in high -- school. Despite good` intelligence, Colton has been unable to sustain the motivation, interest, and focus in schoolwork and other endeavors due towhatis now a long-term, agitated and self- - . - defeatingdepressionReferrer reports the child disclosed 'mom blamed him for dad going to ail.-' In other paperwork - - related to the previous incident, it was explained that Colton had told the counselor about the . . bruising and abrasions on his throat. He stated that both of his parents were intoxicated and that Forensic Evaluation . - - . . . . 4 . - - US v. Colton Harris-Moore . - - . .- -septemba-23,2011 . .- . I - . Page his mother "verba11y abused Colton throughout and after the incident., Itwas also explained that . Colton is the?_one who called_ 91 1 I-Iis-father ran into the woods to escape from the police, but . - . - they soon caught He was arrested and taken to jail. Ms. Kohler haranguedand verbally . - . abusedithe-officers during the Colton was anaid to go home todaythe time Colton was 12 to 13 years of age, CPS records reflect an increasingly troubled child . . with oppositional behavior and ev `aggressiveness. also indicate in several places the . - . mother's `unwillingness ?to engage in chemical dependency treatment-as recommended by DSHS. - By that time, Colton-had engaging invandali and petty crime. In June of -2003,- a social worker_ contacted Kohlerand concluded ?'mother is interested in services,. but soimds like it . - will be difficult to get her to really doesnot want_Compass therapy." In August - - of that_ year, the social _worker related; ."Social_worker has concerns regarding this child due to . mother's possible use of drugs or alcohol; this judgment due to the men and theirhabits that - . -havebeeninColton'slifeearly 2004, the child is reported to have "constant meltdowns pretty much every dayJuly of 2004, when_ Colton was 13 years .aid, the social worker indicates: "Concern is registered - . . . . - that mother seems to be quite secretive in terms of allowing-people to know what is going on- at - -the home, .-andit is notedthat she- is very inconsistent in following through with more than the - initial intake process;..Mother did not follow through with engaging inany services offered. . - . - . Child is seen by island Coimty Juvenile ._Court worker." By 2005, CPS referral indicates "heard - . - . i from Uncle Bill that Colton is abusive to the mom and the house isa mess. Cclton is- out of . control and he has been items. Colton is on ?probation for a was recently `out records and?his ownreport, Colton began getting in to petty behavior diiliculties . _atthe age of10inthe Stanwood School'District; -- .- theft and vandalism. He"was committed to Echo- Glen, irom March 7, 2005 to April 20th_. - "ofthat'year. for crimes of Theit 2-and 2002 to 2004, he accumulated numerous - . - - incident reports at the Stanwood Middle_`School most of which are for truancy; but some of - . . which were for harassment/bullying, and there also was -a referral for vandalism and one for "theiVaccurnulation of violationsthat time,fwhen asked about CPS referrals, _Colton's.mother, Ms. Kohler, stated that she was - - . of any CPS referrals orinvestigations; . - . . Colton reported that by 6th grade in Stanwood Middle School, his school attendance had fallen . off considerably, and he had no motivation or interest in school. He reported that his.mother did not respond in any substantial way to his truancy and said to "it's`your fault, not mine}? Of - course his grades were very low and he became increasingly behind in school. As a result, i - Evaluation . . - . .- I - USv.ColtonHarris-Moore . _September28,20ll - . . -. Page37 I 3 - school became. harder. Colton estimates that from 6th to 8th grades in Stanwood Middle SchoolColton reportcxi that his mother washequently violent to him over theyears, but Van was only - physically violent on two occasions. He reports that he has a scar on his leg &om where she . - - - threw a coffee mug at him that broke and cut into his leg. He that his mother was violent . . I to him "100's of times." He. that his motherhas been on two-week alcoholbinges during -- -- which timeshe breaks things. He that in June of 2006, she told Colton that she wished . - he would die (Young reportat page states_ that his mother has never been or in - . - any substantial trouble with authorities or the- law over her mistreatment or her alcoholism. - Colton was assessed and treated at Compass Healthhom 2001 to 2004. Colton explained that he n. . never told the clinicians at Compass Health the extent ofthe physical and verbal abuse by his . 0 mother at home for fear that he would be taken away hom her and placed somewhere else. At his intake assessment in August of 2001, he was diagnosed with ADHD, Parent-Child - . -. Relational Problem, and possible Depression. Clinicians sleep disturbance, irritability, . - . and signs of depression. It was also conhrmed in the Compass that Colton had_ been . . placed in foster care briefly at the age of 10 following police intervention. indicateyears of age, that there was increasing oppositionality, but_also depression and he was . . treated withiantidepressant medications. - - . - On September 10, 200l,fclinicians wrote: EUR'Assertive, talkative l0qyeargold who become - . - . quite angry>>-but; the situation with mother her boyfriend drinking,.living in a tiny trailer, . - mother drinking allthe time, and the physical abuse Colton has gotten from boyfriend makes his . - - ,anger easytounderstand. He has-gotteninto onlyafewproblems at schoolandis determinedto. . not get into trouble this year." He was treated with antidepressant medications, but subsequently- . in of 2001, he was also placed on the medication, Geodon. Records are .- . - . not clear as to why such a potent medicine was tried, but most likely it `was to assist in . . . behavioral control. He was diagnosed with Intermittent Explosive Disorder, Depressive . Disorder, NOS and Parent-Child Relational Problem in 2003. At that_time, clinicians quote . c- . Colton saying that 'She is in denial about her drinking} Medical notes indicate "Parent statesnher . helps her deal with Coltonand helps her stand up to him." . - - I C_olton endorsed many of depression at that time (2003) such as an inability to `sleep for the past three years, and he stated amnnot happy, Iam depressed. -I could stay in bed all . -. . day. I help. I am tired of this. stuH," Clinicians go.on to indicate that "There is a 'parent- . . child relational problem _due to the level of contlict between mom and child. This conflict seems - -largely due to mom's drinking of alcohol."' The theme of conflict over the mother's is - continued inthe notes: "Colton wants mom to stop_ and smoking, get a job, and have_ - - food the house, mom refuses. Manyinappropriate father figures in the home over the time, exposing Colton to domestic violence and drug and alcohol addiction/selling." Colton was - - - - . 1 Forensic Evaluation . . - . - . . . USv.ColtonHarris-Moore - . . . - - September28,20-Page 38 . - - eventually tried on the antidepressant medication, Strattera, which was apparently beneficial in -- . . . - alleviating of depression, as well as agitation and_irritability (Prozac had worsened the_- . agitation). In July of 2004, records documented positive response to Strattera. However, under -- the _heading 'fcurrent status/risk factors: 'Colton's mother did not followthrough with - . recommended substance abuse screening or counseling services, did not participate in parenting . classes, anddenied having a problem, despite Colton's continued reports of mom's" . . episodes. Co1ton's mother has not helpful in getting him to activities or programs -: - - available in their community nor has been helpful- in assisting him with school success.'" For -- - - `reasons that are not clear, the Strattera was not renewed at_ some point, and Colton does not know . .. why? As a result, one medication that clearly beneficial was not applied over the past I . -?twoyearsC0lton's account to the examinerof the challenges, misbehaviors,'and difiiculties- over recent - I years is consistent with those processes and incidents documented inthe records, for example, in -- the CPS and compass records. Colton was_not defensive and he readily acknowledged the - . numerous episodes of misbehavior _on. his including truancy, theft, vandalism at his school,_ - . - and the charges that he accumulated last year. He does note that he never made any - . money Hom his transgressions over the past -yearDr. Young noted that Colton: .. appeared tobeof at least average intellectual abilities." Colton - . told Dr. Young that, .. his -mood drops precipitously he has a telephone call &om_ his - . - mother, mother wants him_to get along sentencereports that for many years he had felt depressed when he was around home andhis mother, - and his depressed feelings _involves lethargy, a lack of motivation, and hopefulness. . - . He also found himself irritable and angry moreoiten when he is at homestated that he had experienced some passive ideation, for example, thinking is -- - . - . how easy itwould be die. . .but I don't _want tostated that when he is at home.with his mother, he feels depressed most of the time, and - indeed, records indicate that he has suffered a depressive disorder for many years. Colton_also . acknowledges feeling a cranky or irritable mood most of the_time not only here, but when he is - - home with his mother. He did not feel cranky and irritable during the six months when he was _on . .- Colton stated that he does findthat histhoughts race ahead somewhat fast at and feel . . - 1 like my brain is flooded with so many thoughts.? On inquiry, however,?this does not appearto . 1 . represent the racing thoughts associated with mania, but rather just states of There was no real euphoriaas in manic states and there were no powers, grandiosity, or periods of - especially high energy with goal?directed activity . Forensic EvaluationColton Harris-Moore . a 28, 2011 . - - Page 39 . I . - Colton does not although he has in the pmt. He states that he is not I 3 - particularly plagued by-paininl memories. On inquiry, however, he does have some painfu.l or . intrusive memories of his mother being angry at him and "yelling and screaming" in the carsurprisingly, he suffers significant anxiety being in detention and about. how long he - . . will be incarcerated. He also noted that he occasionallyhad brief anxiety attacks when he was on - . . runaway and stayingwith ?ii?iends_on Camano Island, ?'because I knewl would get caught.". - 1 . - There are no indications of obsessionality and only some mild anxieties about 8611115 and. - . - contamination; but these -do not rise to a level of obsession or compulsive traits. He is somewhm - . superstitious, but not overwhelmingly so. His worry lifenis '*my future." - . . He did report some social anxiety, and there have been times when he would refuse to go out - . because he feels so self--conscious and embarrassed. This most likely `represents the nomial range self-consciousness of adolescentsAxis I: . Cognitive Disorder, NOS (DSM--IV-TR Diagnosis Code 294.9) (Due to a General - Medical Condition -- Alcohol Related_Neurodevelopmental Disorder), - Depressive Disorder, Not_?Otherwise Specified (311.) - . - __Posttraumatic Stress Disorder, InRemission (309.81-ParenteChild Relational Problem (V 61.Physical Abuse of Child'(Focus of Attention is on Victim) (995.54"Matherr1aticsDisorder(3l5.Rule out Cocaine_Abuse, In Remission, In a Controlled Environment (305.60) Axis H: . .`-Adult Child of an Alcoholic -. - - Axis IH: Disorder (ARND) (Provisional) "Elevated thyroid fimction test (8/8/2001) - T3 TOTAL 208 (normal 60 -- 181 - . . ng/dlAxis IV: Stressors: Severe (Childhood poverty, Parental alcoholism, Sudden death of - .- - stepfather, possibly due to drug overdose, lrrcarceration, Facing. Serious FederalAxis V: - `Global Assessment of Functioning: 55/ 100 maximum currently, 55/100 prior . -. -- . Sentencing/Disposition - USv.ColtonHarris-Moore - .. - . - I . I- September28,2011 . - . - - - .- .- I- I evaluation most and comprehensivethat I I I- I . conductedon'ColtontodateThe goals for a evaluation mitigationand sentencing/disposition are identify any relevant riskfactors for recidivism(3) provide recommendations to and/or eliminate these recidivism-related risk . I It should be appreciated that any evaluation is likely to be I I -- and/or contradictory information between records, test findings the various informants. I _-That was true in this evaluation, ?but to an even greater extent than usual. Dates, -chronologies and I . details were often inexact. Ms. Kohlerappeared to havea defensive and self~protective . . reporting style, best reflected in_ her stated concern that the purposeIof my interviewing her was -. - . .Q-- onthe reflects theoverall impression hadof her. reporting style . . I namely that she was "out?oftouch" her sonis Herconfusing posture was that I- I Colton has 'something wrong with with Her inability . .- . accurately report-on his deficits likely contributed to her ineffectiveness advocating_for him whenhewas_yo1mger._IColton told Beaver aboutthe ihstructionhe received at home to avoid being open and - I . forthcoming with helping professionals.fThis -was corroborated for me inthe process `ofpiecing . I I together the course of events surrounding?Colton's stepfatheris sudden, traumatic_ and suspicious - . death while passing_through OklahomaAutopsy revealIthat William KohlerI died on August 17, 2002. At a pediatric visit on I ISeptember 2002, behavioral problems were reported by mother._No mention was @e of I . - the stepfather's suddendeath. When asked specifically about this, Ms. Kohler told me that she felt no need to share these kinds ofdetails. Colton reported to me that immediately following his_ I .stepfather's death hismother .'went on _a binge for a month and broke every dish in the house.' - 'USv.ColtonIjIarris-Moore_ - September 28, 2011 - - I . Page41 - . . . Insight into Ms. Koh1er's poor control over her emotions and her propensity for abusive rage II . were gleaned iroma digital -ofthe (13) voicemail messages leit for the defense . . - . mitigationspecialist (Ms. Pamela Rogers) over less than _a day in August 2011. Ms. Rogers had - - failed time irarneprornisedClearly, mitigation specialist is employed assist Ms.- Koh1er's son; - - 1- i - Ms. includedffYou are going down, broad," I I - I - -II.. I - . *Now! I'll' come looking for- you and you will. not be happy when you see I I I I I Ms. Kohler' behavior is consistentwith extended family reports and-the official records .I reviewedColton, on the other hand, appeared to be become more forthcoming and open over timecomparing interview #1I_?aud thiit-I 00I1dl10t?d himinterviewers (i.Ie, this examiner, the mitigation specialistand the This ItendencyIto_ open become more forthcoming in notedby- Alex - - . I - . Caldwell, in his "b1ind readingColtonls willingness to fortheoming is especially remarkable in_ face _of the many I - -I - I 3 inconsistent and hurtful adult caregiversin his early lifeparticularly remarkable given the numerous times in his lifethat he disclose problems at -I I _home, but for which no meaningful intervention resultedColton made- disclosures not clearly in self-interest prior to the final disposition I I I - of serious Federal and State charges.._This lack of guile is consistent with and JI-R - . findings which indicate he does not have Antisocial Personality Disorder. - I - I - _Colton's prevailing "good is best demonstrated in the- fact although hechildhood history of being abused _and neglected, (2) has neurocognitive impairmentshistory of anxiety and Posttraumatic Stress Disorder after piloting his first plane, (4) - Sentencing/Disposition - - . _3 USv.Co1tonHarris-Moore . -September28,20ll . . .. -- n. is no clearindication that Colton ever fired a gl1_Il at anyone. . - .- - Lamentably, "hindsight is 20/20." .The coursenof events-might have been different . if prior evaluations had adequately_identified_ and intervened in Colton's various neurocognitivee andsocialproblemssupported the professional literaturel2 language impairments young . . indicator of significant overall developmenta1_vt1lnerability.. Such children show . - . ni Q. . .;.clear long-term deficits in language, academic domains relative- . . I topeers without early language difi7icu1ties" (at page-755present in Colton's case, 'a tendency for such children's problems to- either nothing less than tragic thatthe school system's response to Colton's deteriorating academic -- performance was to simply assign in-school detention for late arrivalstogether), may "pursue occupations requiring less education," implying-that-they do become -. . . actively employed and are productive despite having such conditions. . - . . .- Additionally encouraging is such ns Fare gually satisied withtheir overallr nr j- `.gualig;of1ife" .- - 1 is bothfirstahand _-confirmation ercposure to alcohol and cigarette smoking during the pregnancy with Colton -- of which are harmful. - l- Itis not uncommon for women to aware of a pregnancy. The first - trimester_appears to be a time of particular risk for harm from prenatal exposure. - . - The kind of drinking reported by Kohler initially the interview is highly consistent with serious to the fetusu. Ms. Kohler's later characterization of her `drinking, while decidedly 12 Johnson CJ, Beitchman JH, Young A, et_al. liourteen-Year Follow-UP'_ of Children With and Without - Speech/Language Imp(R)ents: Speech/Language Stability and Outcomes. Speech, Language and Hearing Research. 42:_ 744-760, 1999Barr HM, Streissguth AP. Identifying Maternal Self-Reported Alcohol Use Associated with Fetal Alcohol . - Spectrum Disorders. Alcoholism: Clinical and Experimental Researchn 25(2): 283 - 287, 200l . isposition - - 'USv.Co1tonHarris?Moore . September28,2011 - . - . -Page43_ less extensive still represents the occurrencenof a _"binge"? in the first trimesten Such drinking . 9 A . Binges are 3 -- 5 drinks ingested a short period of time`. They produce an elevated blood - . - . level in the mother, and a similarly elevated level ta the fetus via osmosis through the placenta. - Binges areconsideredespecially harmful to the developing fetus; In contrast to themother, the . . - - fetus at this stage of development lacks a functioning liver and cannot effectively metabolize -- . . alcohol. This results in the fetus' longer exposure to- toxic levels of alcohol. The U.S. Surlgeon - - . General?s office in its second public warning regarding prenatalalcohol exposure (2005) 4 - - - "We donot know _what, if any, amount of alcohol is safe. But we do know - . - that therisk of a baby being born with any ofthe fetal alcohol spectrum . . - - . increases_ with the amount of alcohol a pregnant _woman drinks, . - as does the likely severity ofthe condition. And when a pregnant woman . . - i - drinks-alcohol, so does her. baby. Therefore, -it's_in the child's best- interest- . - . for a pregnant woman to simply not alcohol,. . . . . Inaddition, studies indicatethat ai baby could be affected by alcohol . . -- -- -- afterconception, even before woman lcnowsthat she is pregnant. For thatreason, the Surgeon General is - - - recommending women who may become pregnant also susan-nom -alcohol."' A l- nw .j -. . FASDExperts`has developed a proposedmodel for the forensic diagnosis of Fetal Alcohol Spectrum Disorders. 5 In ourjournal article we describe whatare more - - . stringent diagnostic than those identified byeither the hstitute of Medicine - (l_996) and the _Centers for Disease Control (2004evaluation of Colton due. to the Federal Detention s_ - - repeated -to permit me to perform a physical examination of Colton -Iwhich is part - - of our published protocol and widely-recognized guidelines. Mere evaluation of facial - - - accessed September 2, 2011 and attached . Brown NB, Wartnik AP, Connor PD, Ad1er_RS. A Proposed Model for Forensic Assessment of Fetal Alcohol . . Spectrum Disorders. and the Law. 38(2): 383 - 418, 20l0.' . USv.ColtonHarris-Moore - . September_28, 2011 . - - - - Page features is inadequate. A physical examination is important in performing a suitable. evaluation . - . - . i - Underthe circumstancesl havenmade aprovisional diagnosis of a Fetal Alcohol Spectrum an . - - _Disorder (FASD), namely Alcohol Related Neurodevelopmental Disorder (ARND). This is_ . based on the presence of confimredprenatal alcohol exposme and the characteristic pattem of . . neurocognitive deiicits as by the Centers for Disease Control in 2004. Dr, Connor indicated lI1 anemail deficits associated with FASD are present. - . - - . Beaver andl concur that Colton's diagnosis of Cognitive Disorder, Not Otherwise Specified - rnostlikely the result of tal alcohol - communded by cig e;cpgsure.17` -- . - - - This conclusion is. further supported by examination of a chronology of Colton's life history. . Colton was bom less developmentally mature would be expected given the length ofthe - I . . - pregnancy and he shorterand weighed far _less than_what would be expected. This is seen _Likewise, his life course of neurobehavioral problems is eonsistent with the well-described- - trajectoryof persons adversely Jones KL, Hoyme Robinson LK al. Fetal alcohol range of an - . - - Rivkin MJ, Davis PE, Lemaster .lL,?et al. Volumetric MRI Study of Brain in Children With Imrauterine Exposure . to Cocaine,`Alcoho1, Tobacco, and_ Marijuana. 741 - 750.Pediairics 2008 - . - 18 Streissguth, Barr, H.M., Bookstein, F.L., &`Sa1npson, P.D. (1999). The long-term consequences of - alcohol exposure: A 14 year study. Science, IQ -186-190. . 1 . l? 2Carmichael Olson, H., _Streissguth, Barr, H.M., Bookstein, F.L. Thiede, Association of - prenatal alcohol exposure with behavioral and leaming problems in early.adolescence.'Journal ofthe American - . . . Academy of Child 1187-1194Mattson, S.N., Riley, Delis, Lyons Jones, K. (1997).. Heavy prenatal alcohol exposure - . - - with or without _features of fetal alcohol leads to IQ deficits. The Journal of Pediairics, 131, 718- 21 Noland, .T.S., Singer, L.T., R.E., Minnes, S., Short, EJ. Bearer, C.F. (2003). Executive functioning in preschool-age children prenatally exposed to alcohol, cocaine, md marijuana. Alcoholism: Clinical and . Experimental Research ZZ 647-656. - . - 22 Schoenfeld, A.M., Mattson, S.N., Riley, E.P, (2005). Moral matmity and delinquency alter prenatal alcohol i exposure. Journal of Studieson Alcohol 6ei 545-554. . - - Disney, -E.R., Iacono, M., Tully, E., Legrand, L. (2008). the case: prenatal alcohol - exposure is associated with for conduct .Pediairic.s?, 122, 1125-1230. - . - 2* McGee, C.L., Fryer, S.L., Bjorkquist, Mattson, S.N., Riley, E.P.. (2008). Deiicits in social problem - . 1 -- . solving in adolescents with prenatal exposure to alcohol. The American Journal of Drug and Alcohol Abuse, 34, 423-431. . - - . - . . . USv.ColtonHarris-Moore . . September-28,2011 - . - - I Pu@g' the issue of gg- alcohol gpg- the side,-there have been undeniable and an rr -. . n. -An important followed the development of who mothers were described as - . -- "at risk.? Such mothershad one_or more of the following: - - - -. singleand-pregnant`havingsevenormorechildren, - receiving disability paymentsboth the woman and partner unemployed formore than a yearBoysof mothers alcohol drug gblems were the most negatively aifectediamongl all oftheriskfactorsstudied. - Q-- 1 ofthe mother-infant interaction were observed in- this and were an with atwenty-fold increase in overall developmental delay by age four, . - Not surpr1` y, youngsters-bornto risk inthe of . . life death, illness, injury, and parental unemployment). . . - The boys skewed mefeeses meneeuen in-ebrems,-eggsessive behenei, hea sigeiaeseuy weise - self-esteem, more commonly failed Mathematics and Language-related courses, and were nearly three times as likely not to complete the 9* gradeNonetheless, this group of boys did. not of illicit drug or alcohol use. .- . When asked about it, boys did not endorse an increased level dissatisfaction - - iimctioning The researchers hypothesized the children "do not disclose cireumstances - might compromising. forthe mother-or the_ family" out of a sense of 'loyalty.' . -. . Interestingly, the boys studied hadna four to tivetimes increased rate of having been placed I . . . foster care. The authors stated: "The children of mothers-at risk are obviously more - often in need of care and protection by the social authorities." Colton did not receive effective . . care or protection nom . 25 Wadsby Svedin G. Children of mothers at risk growing A follow up at the age of 16. Journal of Adoleseence. 30: 147, 164, 2007. - . Forensic - 1 1 - Colton Harris-Moore n. . 1 -September28, 2011 Theresearchersalsonotendthati - 1f 1. . - - "[T]he absence/reduced Eequency of contact with the and thereby lack of - 1 1-. 1 1 male role models together with in and 1- exposed mothers probably contributedto me boys' problems." (At 159thestudyis is in with.Colton?s situation; the mothers-inthe 2 . _1 1 WBIG1 found to -be_ accurate reporters of_ their 1children's_ mental health-unreasonable to consider that the accuracy in the mothers' reporting reflects some . 11 1 1of emotional attnmement. Such attunement and- connection might have positively . 1 1 . impacted these children"s_ satisfaction with their family setting, - 1 -.Coltonis ease, a of attunement and connection have his - `1 propensitytoleave1homeFurthermore, Ms, Kohler publicly stated-that she proud of her son for tlyingstolen an - 1 1 - 1_ planes. She knew that he had no- formal to1do so, and had crashed planes more 1 - once. Her approach- to the situation was to advise to be selective about the type . 1 1 1. 1" 1 Given the subject crimes, of planes, therenis annagging . 1 question: "is all of this consistent with the neuropsy chologjcal, psy chological and social. 1 1 1 - - histog;0btainedthis thislexaminer, thennconsulting all concur {thc 1 - in .. 1 `answerisyes1._1 1. i1'St, with- disorders the Fetal Alcohol appear and more 1 - 1- . 1 alert show." This, fact, is an item on "Personal Behavior Checklist" from . 1 - which the Fetal Alcohol Behavior Scale is derived. 26 This phenomenon often works to 1 . the long-term detriment of those with FASD in that1 the real nature ofthe person's deficits .not accurately perceived. As a result, they often miss out on much-needed interventions - - 1 that can be protective for the development of what.Streissguth refers to as "secondary 1 1 disabi]itiesSecond, although Colton, like-80 of with FASD, has attentional problems 1 -- it must be understood that attention isn't an "all or nothing"_ phenomenon. - 1 - 1 - 1.26 Streissguth AP, Bookstein FL, Barr HM et al. Fetal Alcohol Behavior Scale. Alcoholism: . 1 ltesearclt 22(2) 325 4 333, 1998 - - - - - isposition . - - . US v. Colton Harris-Moore - - - September 28, 2011- - . . Colton's attentional probl s, studied in detail during this evaluation, are evidenced- in, - - large part as impulsivity in a task and not appreciating the complexity or . - nuances involved. A simple demonstration of this can be foundin his response to the . . Draw a Clock Test. On longer, more involved tests which examine "Executive . . -Functions," Dr. Beaver noted that Colton had the ability to detect his impulsive errors_ . - made at the start and - . . 1 - . Furthermore, attention in general is improved on tasks that are interesting, fast-paced, - n. - novel, have more immediate and relevant rewards and/or danger. Flyinga plane good example of _a task, for Colton, that would have such attributesreviewof Colton's school retlects that ii?om early on he was noted to have an - - ability to plan/organizetasks. This_is-consistent with the "joumal" pages I This . is a-particular cognitive ColtonOur. group, FASDExperts .com), has compiled a "Screening` . . Quest.i0nnaire" for use by lawyers, investigators and mitigation specialists. This . - - - questionnaire helps identify who have FASD. _It is readily- available on our - website. It consists of thirty--four- items listed under tive categories; . - Of the thirty-four items, _=twenty?four of them to Colton, the subject crimesand his - . 1. actionswithhighdetectionrisk, I - 2. "'Simple" p1an_ (focus is only on the objectiveMore sophisticated co-defendants [earlier crimesBrags about prowess or takes tull responsibility if co-defendants [possibly], - . . 5. Unstablelifestyle, - n. 1 . . ..6..Immature?andnaTve, - - . '7.'Eagertoplease, .- -- - CaiftconcentrateEasily led by more sophisticated peers [possibly in earlier crimes], .. - 10. Multiple low--grade offenses inteen years, often with co-defendants, .Z . 12. offenses stealingsomething with little value) [equivocal item], - 13. Obliviousto risk,_ . - - 14. Impulsive, opportunistic crimes_ [early on], - . . 15. Probation violations, . 16. Mom abuses alcohol/drugs, . - n. - 17. Involvement with child welfare, . - Forenc Evahiation n. - I isposition - . v. Colton Harris-Moore - - . . i - - September28,2011 . - - I Page 48 . - - - 18. Adoption/foster or relative placements/juvenile commitmn t, - 1 . 19. Special. education/learning disabilities in school20. Multiple diagnoses inchildhood. (especially . . -. - 21. Rulerbreaking behavior (lies, cheats, steals, fights), - - . - -. 23. Substance abuse [per Colton's reportto Dr; Beaver], - - . . 24. Unstable adult lifestyle (improves 'with structurenot uncommon toisee FASD 2011 study. by Iangevin and Cuinow provides inydepth and thorough- examination of n- - - factors for recidivism. It was baseduon a study population of nearly 1,700 - - i Despite the article's title, an- ofthe its focus on general mciaivisiam 1 - - Colton has never charged withcommitting any violent crime. Thisstudy specifically did - .. not focus on violent crime and/or risk- factors for_ violence. . - - - -- Langevin Ctunow a of measures, including the - - . - . Revised The rationale for the- was to evaluate-the various criticisms of this . . - instrument. Acommon concern is that the tests _for - - that in actuality might-only'be a measure of persistent criminality. . this evaluation the Jesness Inventory; Revised as measures of - -- antisocial attitudes. It should .be stated again explicitly that Colton's test results did not reflect -- - . - . . . The'f`our'most relevant factors for risk of recidivism are identified belowTotalEducation, - - . History of beingrenderedunconscious, . . DiagnosisofADHl). . 27 Lmgevin R, Cmnoe S. ADHD, and Brain as Predictors of Lifetime Among 1 Sex 0H'enders. International Joumal of Therapy and Compmative Criminology 55(1); _5-26, 2011 - l. - an - Sentencing/Disposition - .. . - - - . I - . US v. Colton Harris-Moore . Septembcr_28, 2011 . - . . . - The authorsemphasiaed the role of t'language-based which was common in the group -. studied. ilhey proposed that the negative impact of language-based LDTs on recidivism was how - - . . it impaired of emotional communication horn others. - . - 'Ilhe authors also highlighted "[T]he irnpulsiv ess of the ADHD ?individual" possible - impact, leadingthem'tto engageinavariety ofcriminal .. . - consequences . .- - - - n- point out distinctionbetween versus 1 . . ADHD and brain is that the latter have treatment paths whereas has no . . - . effective trea1:ment." (Italics for . . an - The authors la 2000 articleby Richardson who concluded that comprehensivetreatment . . . . plan for ADHD is important in reducing recidivism? (at page 21Also quite poignant the authors citation of ajstudyzs which-"noted that neuropsyehologically - . impaired children are the least likely to be in environments that would help them to their . . . .- handicaps." Colton's home environment was anything but helpfulthat the time at Colton's JRA placement House, pggceded the - subject 'offenses,?an adequate assessment of his neurocog `tive status had not been conducted._ - a of his for whieha Release . . an - was signed, would have. identified risk factors for recidivism could have leadto interventions - . toamelioratetheme 1 Most notably, IRA do not refleet anyzappreciation ofthe _ofta - -- U. n- . Mathematics Learning Disorder (LD) or Co1ton's of languagegbased LDThe language-based problems identified by Beaver arevery likely the . - - ones identified at age 3 and inadequately addressed by school personnel.?9 . - . - - Colton's prior -history of being. diagnosed and treatment records reflecting a 'pl?1?r_ . ?_positive response to medication Strattera) were not known by the JRA-based team.- . 28Moflitt Caspi A. Childhood predictors "life-course persistent and adolescent-limited antisocial . among males and females. Development and -13: 355 375_, 2001. - - . . Johnson CJ, Beitchman JH, Yormg A, et al; Fourteen-Year Follow-UP of Children With and Without Sp Speech/Language Stability and Outcomes. Speech, Language and Hearing Research.42: 744--760, l999.?' . . I . . - . .. ?Sentencing/Disp0sition_ . USv.ColtonHarris-Moore - . - . - - September28,2011 - . . - - Page Theseomissions likely contributed to Colton elop;pg` JRA placement at Griflin Home 1 . -- - . `With regard to .'lcriminal_ versatility'l it is worth that Colton not committed any . violent or sexual offenses. Even his pattem of oifenses, there is a relativelynarrow pattern - whichprimarilyrevolves aroundbreakingand entering. . Another study involved 378 young male ofenders who were n` - evaluated while_ in an unlocked g1?oup facility?(similar to Horne). 30 They ranged age . nom 16 to 24 yearsold. They were followed for an-average of 8.7 years. This study addressed subsequent charges, and was not convictionsincidencenof nearly 1-2%-of Commtmicationand Tic_.Disorders in those an young persons juvenilenrehabilitative services. . - . - .YoLg gp- le multiple sychiatric disorders Q- lg le Colton has) had a . . - lower rate of all adult offense combined'inclp_dmg" na lower rate of adult drug-offenses. The - gsence of mood disorders and legmgj communication disorders decreased rate of all adult offenses combined. - - -- . Relmve to the kind of crime Colton committed (that is, property- crimes), the presence of a' I - . substance abuse/dependence diagnosis andpersonality disorders (as wellas personality - . - '_'defectsT' and Fdeprivation contribute to-risk for recidivism. Substancen . - abuse/dependence was the main 1?isk factor for__ escaping custody and whatthe study. termed . . - The relevance `of this study's for Colton' case is that early identification and - - activg effective treatment of young people with complex- problems ha a very . .. . . positive impact on recidivism Given Colton's present age the study rmamgl would still - apply to him at present and thgy gl for a treatment Lfocusg versus punitive tohissentencing, - .. . Bevc Duchesne T, et al. Young Offenders' Diagnoses as Predictors of Adult Criminal - Behavior. Presentation at the 11 1* Annual Conv _tion ofthe American Association, Toronto, Canada,August7,2003. . - - Forensic Evaluation - - - Sentencing/Disposition - US v. Colton Harris--Moore - . - - September2$,20ll . - - - . From this perspective, the "silver lining" for some of Colton's recidivism-re1ated risk factors is . that three of them have treatment paths. They are_ amenable to_ readily-available intervention In - `particulanthethreeare:-` - I -- Learning Language), . - - Diagnosisof ADHD (medication, accommodations, learning strategiesRECOMMENDATIONSV, n. .- . -. l. The findings of this evaluation should be reviewed with Colton, including provision recommendedthat this evaluation be provided toall relevant correctional personnel - - - Working with`Colton. . -- - . 3. Institutional- placement should be made needs into account Coltonshould be-seen for medication management, particularly for his attentional and appropriate trials should be followed by reliable outcome measures such - - as rating sheets and/or computerized tests of attention/impulsivity. According to the - - . professional literature, itfis likely that he will have some meaningful response to . - .-medication -If stimulant medications _are not available to him due to institutional policy, j- - there are non-stimulant options that should notbe overlooked, including Strattera, - . - Wellbutrin,`EH`exor, and IntnmivColton's'200l elevated thyroidtest (T3 Total) should be followed up with a full thyroid - . - - Colton's prior history of abuse and PTSD _should"be kept in mind traumatized and/or victimized. Persons with such histories have an increased risk for . - . - Colton shouldbe provided with a formal _Speech and Language Evaluation and "f . . remediationasindicatedphysical examination should be conducted to definitively address the provisional . diagnosisof Alcohol-Related Neurodevelopmental Disorder. The medical work up . . should be augmented by inventories of adaptive functioning completed by several- . . reliable reporters Vineland Adaptive Behavior Scales -- II). An MRI might be of .- - 4 . value to explore the possible impact of prenatal alcohol. . 9. Colton should have individual therapy as available to address his emotional issues and - - concerns10. Colton should have a formal evaluation for substance abuse and treatment as indicated. - He has 'a prominent family history (and thus genetic risk factors) for this. His MMPI--2 - I - I . Forensic Evaluation ColtonHarris-Moore - - - II . Sept:ember28,2011 . - . data raises concerns about his potential for substance abuse. The ability to stay off drugs I - and alcohol greatly contributes to an improved prognosis. . 1 - 11.. Colton's progress should be followed by intermittent" on ofthe MMPI-2. 12. Educational planning and opportunities should be informed by the_ test result iindings. - Coltonis Mathematics Disorder require Remediation. . attainmentshouldbeencouraged. . -. . . 13. Colton should be provided with positive role models as much as possible. - I - Colton's positive attributes and accomplishments should be acknowledgedstated above, .Colton's overall prognosis is good assuming the identined remediable II I . - -- _issues are actively and eifectively addressed; Given his impairments, whichI . - . - I consistent with adequate guidance and reasonable supervision . - _wi1l enhance l1is 1ife's in and out ofcorrectional settings). - I I I I Thank you for permittingme Colton. I hope I have the - I I .- questions in_a complete and readily understandable fashion. If you have questions or concems . `PaulD.Connor,Ph.D. . I - . Assessment_ Services - - . 22511 Avenue South . . DesMoines,WA98198 - . . - - 206-940-1_106 Fax 206-870-9081 - - - - . - . -- - ?Seattle,WA98l0l - _g - - Re: Review Craig Heaver, to Colton. - - -- - Harris-Moore - . an - Per your request, Ihave reviewed Beaver's report the - - . assessment he did =with_Colton. Dr. Beaver's conclusion _was that though Colton was . - - . - demonstrating deficits in a number of areas, he did not feel that Co1ton's functioning met . . - I criteria for FASD based on the I guidelines. However, based on my ofthe . . - `testing and report, it is my opinion that Co1ton's pattern of functioning is consistent with - . the CDC's criteria for CNS dysfunction with respectto_FASD as, basedonthetestdata - . . by Dr. Beaver,_Colton demousifetes deficits in 4 domains With respectto deficits in academic functioning, though he does not demonstrate - - Test ofBasic Skills)?was hescoredatthef . . - l3?' percentile arithmetic. Thisis often the most significantly impaired ofthe -- academic skills in individuals FASD. Furthermore, he was involved withspecial, - - educationniiom an early ag, also ir1dicating academic deficits2.. _On attention measures, as _Dr. indicated overall was essemally within normal limits. However, Colton .was demonstrating subtle but significant . . . . deficits in impulsivity (an. atypically fast reaction time and deicits in his ability-to - . . between stimuli) andvariability of attentionfimctioning (especially - - - . .. - - 3. On current testing, Colton deficits in memory functioning. This is evidenced. by deficits in and delayed recall on visual =no01'y tasks and on - 4. Colton deficits in a numberof areas within t}1e of eirecutive functioning. Deficits were f`ound in verbal fluency or generation of ideas (the most a significantly aspect of his iimctioning), developing and problem . . solving strmegies, _some portions of working memory iimctioning, and in his ability to - . - . - inhibit well leamed behaviors. Indeed, the majority ofthe deficits formdon current . - - - . testing are considered to be measures of aspects of executive functioning or executive - - - - I l- Furthermore, information by Dr. Beaver indicated a number of - . that are alsojconsistentwith a history of FASD. Th included evid ce of early delays - . . - .- - - in reaching developmental- milestones, prior diagnosis of ADIHD, and the previously_ - . . - . . . mentioned involvement with special educationservicesconclusion,.though.the pattern ofColton's deficits . .. I . . relativelysubtle in Several areas, in my 0piuion,'the breadth of there deiicits is consistent - . `f01' the diagnosis - - - . - I 1 I RICHAIRD S. ADLERI, I . I . Clinical I . Seventh Avenue, SuiteIi21O 1 I - 1- I I _SeIattlc, 98101 - (2-061998-2000 I `Se1iior.Fellowi1iF01?e1isic Il986e1988_ Massachusetts General Hospital /Harva1*d Medical School . .-. 1984- 1986 Residenitiniadinli McLean Hospital/Harvard Medical School, Belmont,1MA -02478Includedrotations - - . . 1 - - at Brigham Women is HospitaL - 1 - RR - RR Adolescent andFamibr Treatment Unit at McLean . - I I . H?ieifei .119183-1984 `isiefs . iI I I1 . McLean Hospital/Harvard Medical Schooltwo months of Inpatient_Geriatr'two months_ofSubstance Abuse . 1 I - I I I1978- 1983 II Medical College ofllnion Unive1isifyI(AMCDocto1?ofMedici11eAhrha OmegaAhohaHonorSociety1 Shaej7er Prize in?Pathology Honor Committee Member 1978--1980 1 1 1 I- I 1980 -1981I Research in Gastrointestinal -1?a?1w10gy I i - 2 - - Adler Resume-- 2 . - - - Page2of9 Chief - American Gastroenterological Association . - . '_Medical Student Research - Poster Presentation - - . . - 1976 {1982- Rensselaer an . - _Troy,NY.l2l80 . - - . - . BachelorofScienceinBio10gy - - - - - -- . Summa cum laude,_ RPI- AMC 6-year Biomedical'Program i>os1TrioNs. l- i-lf I an 5/08--present MedicalDirector_ .- FASD Experts.com-- Interdisciplinary collaborative forensic and - - - .- clinical evaluation of etal Alcohol Spectrurn Disorders . . - 2/07- present l. PrivatePracticeForensic zandclinical practice in child and adult - - Insthictor 1 - - . - . {University .of Washington School of Medicine - . 2007.-present" I- [c1mica1.1iAntiochUniyersitySeattle23266thAve,Seattle,_WA9812l present; - Speakers Bureau and National Adyisory-Board. - . McNeil Consumer Healthcare, makers of Concerta(R)_ 2006-2008 an ultanti l` l` - - - - RentonAcademy - - . I - Employed by the Renton School District to provide on-site 2 - . - . services- for a specialty school informed by the Re-Education . - . . . - Approach pioneered by Nicholas Hobbs, . . . 2006 --NationalAdvisory Panel n` -- . - ?Cepha1on,'Inc,, makers of Spar1on(R)(modafanil2/97 - 6/08 Staff - n. A i i - - Adler Resume - - - - - - Page Children's_Hospital Medical Center - - - _1 . Seatt1e,Patient evaluation . - . . management team consultation two days a week - . . 7/00-12/00 .- . . Wesrern?Sta?eH6spita1? i - - . - for Forensic Evaluations in Corrections and the . . 5 ra??ma,wA9s49s . . .. . . . an .. Carl Redic P.sy.D., Director . 7/98 4 6/00 Acting Clinical Instructor - . - Hospital- Medical Center, Lake City Way Satellite . 1 - . . - (206) 368-4949 - - - - - -. - - - `Individual and group supervision of Child Fellows,`; . . . . - Adult Residents, Interns at a. University of . Washington Medical School teaching siteDuring the Senior Fellowship in Forensic (see 2 . - . . Education), University of Washington regulations require that the I . . . instructorshm be regarded as "acting . - . I . 1/98-7/98 -_Clinical`Instructor? - . . - -. Chi1dren's Hospital Medical Center, Lake City Way Satellite . 8/96- 6/98 - 3 . - - Seattle Mental Health Institute, 1600 East Olive Street, - - I Seattle, WA 98122. (206) 324-2400 . Z- - . . - - Provided staf consultation and treatment to adults, childrenand- - .. - adolescents, including The Deaf Services unit in a large CAHJC with 'awidecontinuumofcare . j' I . I an 7/96 Medical?Director Founding President - - . . - - - Comprehensive Group, 120 East Main Street, - .. . Region 's largest multi-discplinary mental health - . practice with Addictions, Eating Disorders and - - . . extensive Group Programs. - . i -1 Ad1erResume . - an . . - . Page 4 of 9 an . 3/95- 7/95 Consultant- Behavioral Health Services . - - Peninsula Regional Medical Center . I- I - - -1_00 East Carroll Street, . - . Retained to design integrated and managed carejriendly inpatient; outpatient consult-liaison and - . - I . emergency mental health services.-` . - -- . 1/94 -12/95 iCorn1nunity_AfEliate, Peninsula Regional Center 1 11/91-12/93 . - . Inpatient emergency and consult - liaison services -7/88 - 6/92 - - Medical Director, Mental Health Clinic an - - -. . . Somerset County Health Department, Westover, - . National Health Service Corps Placement. . - .- . Included consultation to Colbourne_Substance'Abuse . . I . . Center, Crisjield, Somerset County Sherifs - . . Department Public_Schools, andDeveloprnental Center7/88-6/91. - _Medical Director, Mental Health Clinics an n` . - - Worcester County Health Department, Snow I--1ill, MD - . . . 21863National Health.Serviee Corps Scholarshm Placement . Part-time private practiee10/86 - 6/88 Ciba-Geigy of Clornipramine tor Obsessive- 1 - Compulsive Disorderin Children and . 1 . - . - Adolescents. Massachusetts Hospital, BostonCo--investigator[with Joseph Biederman,1986 <-1990 D0ctor--on-Call - - 1 - Pembroke_.Hospital, Pembroke, MA . . . 150 bed Private Hospital I . 1985- 1990- Doctor-on-Call .- - - 1 n. - . Norwood Hospital, Norwoodbed locked unitin a suburban community - . - General hospital with Emergency Room and Consult- - . liaison consultation services. I - n. n. Adlerkesuxne Page5-of9 1-985 -..1986 . Consultant .. - - . .- . . -. 4 . 5 . . . Non-profit community I EICENSES l. . . - .- 1996 Washington. 33536 (3/12/961>369o3 - (6/18/88) . . 1 . _.1984 g1991 Massachusetts - 54358-- (6/1/84) . .1992 . .1.990 Board of and Neurology, #33030. . 1984 nn nj . . -Nationa1 Boardof Medical Examiners, #262751 I CQMMITTEE ASSIGNMENTS . I -- i an .-_2005- .- Chairman,EthicsCommittee . . i n. -Washington State Association - - - - 1998.- X.- - . .- I Division of -Child_& Adolescent Chi1dren's Hospital - - - n- -. . - - -. 1995- .- an . `-Representativeiofnthe Society tothe Rural . - . - - . - . . j` Association Annual Meeting . . . . - . . - I - . - .01992- 1996Life Crisis Center, 216 EastMain Street, Salisbury,. - - . - Chairman, Executive Director Search Committee (1994)- - 1993 . Select Committee, Quality Council - - . . Peninsula Regional Medical Center - . Empowered to re-engineer Emergency Room .. . - - . Services. Developed satisfaction - - assessment tool I- I - I I. IIAdler-Resu1ne`- I I i 1992-1993 I Utilizati0nReviewComn1ittee - - . I . I . Regional Medical Center . ln`. - I 1991 --1993 . I FoundingPresident Shore . . . . . Established to provide networking opportunities . I - I 1991 - `Providing input on design of new community General .. I I - I committee McCready.Hospital,Crisiield,Specidlty in-pdtient locked iinitfor chronicalbr - 1984 - I Association . - - . *1991 --1996 - - Group I . . .I - 1988 -1996 . Maryland Society . . - .- I 1 1986--1988 . - 2011 - I School ofLaw Pre ents: Fetal Alcohol Disorders and the Criminal Justice .System." King County Courthouse. March`1,2011.PresentationvrithMr. Rod Snow,-President, CanadianBar . - . -. Association. - I - .- I -2010-I. "Fetal Alcohol Spectrum 1tsRe1eyanceTliroughoutI I I - . - the Legal Process From Competency 'to`Stand Trial to - I I 2 - RS, Novick Brown N, 2010 Appellate Judicial . I . . . IAttomgys Institute, Administrative Office ofthe Courts: Education - - . . I - -Division. Burlingame, OA. October 27, 2010. . - I 2010 I I I "Violence Assessment in 2010: State of the Art as Seen - I . I Through aWide Lens," Adler RS, Heavin S, McMinimee S. 2010 - Oregon-W gt_gI Bi-State School Conference}-. - . . I - WA. October 14, 2010. . - - - . AdlerResume . - . - .. 1>ag?7?r9 - - 2010 - .'?Creating a Tomorrow: Po t-Mortem on a Death Verdict." Panel . I - - - Member/Faculty, Full-day Continuing Legal_.Education Program, - Death Penalg Assistance Center. Seattle, WA. - i - . September 22, 2010. - .. 1 2010 - '"Fetal Alcohol Spectrum Disorder_in the Courtroom: The'20? - -- - Anniversary of Dr. Ann Streissguth at Airlie," (Plenary SessionAdler Kase KM, ?Kelly K, Novick'Browri N. NAACP _Le'ga_l . . . . Defense Fund 31** Annual Mg} . Airlie Conference Center2010 . PracticaIities," (Breakout Session). Novick Brown N, Adler .Meeg`ng. Airlie Conference Center, Warrenton, WA. July 10, 2010.- - - 2010 . "Foren ic As essment of Fetal Alcohol Spectrum Disorders with . . . - . . - State?0f-The-Art Facial Analy is, DiHusion Ten oi Imaging, and .. - (Plenary Session). Adler RS, Novick Brown N, Connor PD, i - .. - Wartnik AP, Habeas Assistance Training Counsel Projg Seventh - 5 . - - National Seminar on the Development and Integration of Mitigation . . .- Evidence: "'New Science, New Strategies." Seattle,. Washington, April . . . . 22,201020-10- - - . - "Su estihility in FASD: Foren ic Assessment and ImplicationsBrown Connor PD,.Wartnik AP. 4*1* National - - . Biennial Conference on Adolescents and Adults with Fetal-Alcohol .- . . . . ?'S@ug Disorder: Facing the ?Future Together: Where Do We Go - - . From Vancouver, B.C., Canada..April 17, 2010 n. -2010 . Application of the Scientific Method to the Forensic . .- . . - Setting." Adler RS, Novick'Brown N, Connor PD. . - . - Defense Lagvyers Association Annual Capital Trial/I-Iabeas . . - Austin, . . . 201.0 . I "Fetal Alcohol Practical Tools," Adler RS, Novick I .. Brown N. C?imvr PD. Warfriik AP- - . . - - Universig; of Wglul School of Law The Death - - . . Penalg Assistance Center: `se You Need To Defend A CapitalCase In 2010. Seattle, WA. February 6,-2010. - 2009 '?Testamentary _Capacity: Why, When and How to Use a Mental - - . Health Expert." King County Bar Association. 12th Annual Probate, - Trust and TEDRA Litigation Conference. Rainier Square Conference - Center, Seattle, WA. December, 4, 2009. . - . - I I . - - I Adler Resume _Page8of9 - . . I - 2008 I I I I . I ?'Fetal Alcohol Spectrum Disorder in the Educational Context" I . . Lake Washington School District -- In Service, October 24, 2008 - I - 1 2008 - "\Zetting The Enpert: WVhy, When and How`Home" (the latter co-presented with Seattle attorney Jeif Robinson of - . . . Shroeter, Goldmark and Bender). TearnChildIBenetit - Collaboration Between Attomgys and Mental Health Eggf BQ ond the Basics. Seattle, WA. October 3, 2008. -. I 2007 I I I"Parenting Evaluations 4 A Critical Review Practice Skills??W?l;jgg1pn State Bar Association -- Continuing Legal Education I . - - - Washington State Convention and Trade Center. Seattle, WA. August . . 8,2007 .and Doubletree Inn, Suite B, Spokane, WA, August 21, 20072004 &'2006 I I "How to-Help Your ClientISurvive a Parenting Evaluation Washington" - - . . National Business Institute Seminar, Washington State Convention - - . I - - and Trade Center, Seattle, WA. November 5,-2004, November 10, - I . -20062002 "ChildAbuseandINeglectWestern State Hospital Forensic Seminar .. I2000I I I- I ."Pediatric The Cutting EdgeWashington State and British Columbia Associations of School - -. . - Conference1999 . -- The Cutting Edge? . - - - .- _Cl1ild and Adolescent Conference, `Children's - . - - I Hospital and Regional Medical Center, Seattle, WA. . . I I 1998 - f'The Broad of Autism . Child and Adolescent Conference, Children's . - 9 - - Hospital and Regional Center, Seattle1997 I - "No Need to Anniety Disorders Update for the I . . . Clinician." Child .and Adolescent Conference, - . . Children's Hospital and Regional Medical Center,`Seattle, WA a 5 I I I II IA?11erResmaPage9.of9 . . I . I I1991 - I I I "The Tran ition Resident to Medical_Director", II I .I Annual Meeting, Course: Administration in Austerity. - - . - I Paul Rodenhauser, Course Director., . I -- -- I 1990 I AdlerRSQ JellinelcMSi_ISpecial Article: *'After Teen SuicideIssues for Pediatricians Who Are Asked to Consult to Schools". . . . I Pediatrics. 8_6:6, 982-7. I - . . cI I1990 I I I_TheMassachusettsI(ieneral I A . Hospital: Aspects of General Hospital Pediatrics. . .I Jellinek'MS, Herzog Eds. Chicago: Year Book Medical I I I II Publishers, pp. 298-3.04. 1 .- I I I 1990 . AdlerRSg Suicide..IIbid. 324 A30. - i I II-1985 . I Nairadi LSzabo "Cysteamine-induced DuodenalUlceris not Site?speciicz Effect of Local Modulating Factors??Ezperimental Pathology 2:2, _111-221989 - . ._Adler Szabo. S. "Duodenal Ulcerogens I I- . - . . Cystearnine and.Proprionitrile DecreaseIDuodenal Neutralization - - . . I _of Acidinthe Rat". Digestive Diseases'and_Sciences 28:8, 716-23