Doctors testify about killer’s mental health

updated 4/27/2011 3:21:11 PM ET

The former leader of the Lords of Chaos was in court once again for a postconviction evidentiary hearing. Kevin Foster, 33, was convicted of killing Riverdale High School band director Mark Schwebes in 1996.

Foster says his attorneys didn’t do enough during his trial and wants his death sentence vacated. His attorneys also claim he has an organic brain disorder and that wasn’t brought up at trial.

The first mental health expert took the stand in the Kevin Foster evidentiary hearing.

Dr. Ernest J. Bordini, a psychologist and an expert in neuropsychology testified Wednesday. He evaluated Foster in 2006.

He testified Foster was born premature and his brain was deprived of oxygen. Bordini says those are high risk factors for neuro-development issues.

He also noted Foster had multiple head injuries as a child, poor handwriting, clumsiness and difficulties in school and says all of those qualities are “red flags” for brain development issues.

The state questioned Bordini’s evaluation of Foster because he didn’t examine him until 10 years after the crime and he failed to speak with family, teachers or consult Foster’s DOC records.

The victim’s sister has been in court every day watching the proceedings. We asked her what she thought about the hearing.

“I am at a point where I don’t care whether Kevin Foster receives life without parole. It doesn’t bother me but let’s get it done and over with so my family can really be able to heal,” said Pat Schwebes, sister of Mark Schwebes.

Foster’s attorneys have two witnesses scheduled to testify Thursday.

Then the state will have an opportunity to present its side.


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