Today’s session of Lords of Chaos ringleader Foster’s appeal hearing ends


Written by

Pat Gillespie
pgillespie@news-press.com

4:18 PM, Apr. 28, 2011|

The News-Press and news-press.com provided updates throughout the day from killer and Lords of Chaos ringleader Kevin Foster’s evidentiary hearing at the Lee County Justice Center.

The state’s next witness is neurologist Dr. Thomas Hyde.

But Hyde won’t be arriving in Fort Myers from Washington D.C. until 10:30 a.m., so Friday’s hearing won’t begin until 1 p.m.

3:57 p.m.

Dr. Michael Gamache, a Tampa neuropsychologist, testified on cross examination that he didn’t speak with Foster or family members in the case, but only reviewed defense witness test results.

“I was not permitted to do that or asked to do that” by prosecutors, Gamache said.
While two previous defense witnesses testified that a gap in Foster’s verbal and non-verbal IQs was concerning and possibly indicative of a learning disorder, Gamache did not.

He offered the analogy that someone were to test Foster’s sprinting speed and bench-pressing abilities and he ran fast, but was weak, it doesn’t mean he has a problem with his strength, but it just means he’s a fast runner.

“He’s not impaired in regard to either,” Gamache testified.

Gamache is now off the stand.

3:16 p.m.

Dr. Michael Gamache, a Tampa neuropsychologist, has testified in opposition to defense witness Dr. Ernest Bordini’s testimony that Foster’s birth caused brain damage that affected him for years.

He testified he reviewed Bordini’s reports as well as records in the case and said the data doesn’t support Bordini’s testimony that Foster was born premature or that he suffered from birth shock, which caused a lack of oxygen to the brain.

“The evidence shows he had very common respiratory distress,” he said. “He was treated and released in a matter of a few days. There is no evidence of brain damage.”

Gamache suggested that Foster could suffer from narcissistic personality disorder rather than Bipolar I disorder.

He testified Foster meets several of the criteria of that disorder, including being grandiose, using others to get ahead and thinking oneself is better than others.
He found that Foster’s IQ is average or above average. possibly indicative of a learning disorder, Gamache did not.

He offered the analogy that someone were to test Foster’s sprinting speed and bench- pressing abilities and he ran fast, but was weak, it doesn’t mean he has a problem with his strength, but it just means he’s a fast runner.

“He’s not impaired in regard to either,” Gamache testified.

Gamache is now off the stand.

3:16 p.m.

Dr. Michael Gamache, a Tampa neuropsychologist, has testified in opposition to defense witness Dr. Ernest Bordini’s testimony that Foster’s birth caused brain damage that affected him for years.

He testified he reviewed Bordini’s reports as well as records in the case and said the data doesn’t support Bordini’s testimony that Foster was born premature or that he suffered from birth shock, which caused a lack of oxygen to the brain.

“The evidence shows he had very common respiratory distress,” he said. “He was treated and released in a matter of a few days. There is no evidence of brain damage.”

Gamache suggested that Foster could suffer from narcissistic personality disorder rather than Bipolar I disorder.

He testified Foster meets several of the criteria of that disorder, including being grandiose, using others to get ahead and thinking oneself is better than others.He found that Foster’s IQ is average or above average.

“I didn’t find any evidence that he suffered from impairment in terms of planning,” nor focusing, switching tasks or figuring out the sequencing of plans in the real world, Gamache testified.

2:13 p.m.
Dr. Robert Wald, a retired Naples psychiatrist, testified that he examined Foster on several occasions in 1996, but he doesn’t remember what conclusions he came to regarding Foster.

He didn’t prepare a report, didn’t provide a deposition nor was he called to testify in Foster’s case.The state’s next witness is Dr. Michael Gamache, a Tampa neuropsychologist.

1:50 p.m.
Wald, a retired Naples psychiatrist, was appointed by now-deceased Lee Circuit Judge William Nelson to assist in Foster’s defense.

The order didn’t say what types of examinations he was supposed to do, Wald said.

“That was left to defense counsel,” he testified.

1:30 p.m.
Dr. Robert Wald, a North Carolina psychiatrist, is the state’s first expert witness of the afternoon.
12:01 p.m.
The hearing is breaking for lunch. The state has two additional witnesses planned for the afternoon.
11:44 a.m.

Prockop testified that a brain map referenced by Dr. Gur isn’t reliable because brain mapping isn’t considered reliable science in the neurology community.

“The brain map has not held up to scientific scrutiny,” he testified.

Prockop testified that a study conducted by Gur and his colleagues that was used to determine Foster’s brain damage was inaccurate because only 17 subjects were used.

“Why not use 100,” Prockop asked, rhetorically.

10:53 a.m.
Gur has spent his time on the stand talking about his qualifications and how the brain works.

He is explaining how the brain transmits electronic signals throughout the body to accomplish actions. Gur testified about areas in the frontal lobe of the brain and what actions each area controls.

This will likely lead up to testimony about the damage to the frontal lobe of Foster’s brain

9:25 a.m.
Foster’s biological father, Joe Bates, testified about his relationship with his son for about 15 minutes on the stand.

Now testifying is neuropsychiatrist Ruben Gur.

Bates testified that Kevin Foster was in the hospital for several weeks because of problems during his birth. As Kevin Foster got older, Bates said he didn’t like that Ruby Foster often dropped off Kevin and his sister Kelly at her other husbands’ houses for months at a time.

“I had a problem with things Ruby was doing — leaving the kids with Brian (Burns) for extended periods of time,” Bates
testified.

He said Foster’s fourth husband, John Foster, adopted Kevin without him knowing. At first they asked if he would agree, Bates testified, but he wouldn’t.

“I told her that was never going to happen,”

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