By Marc Klaas

The defense called forensic psychiatrist Dr. George Woods to testify on behalf of Polly's killer today. A forensic psychiatrist examines issues relating to mental health and the law. He evaluated the killer's history through documentation and available psychiatric information. Because of the extensive criminal history in this case voluminous information was available from which to render his diagnosis.

The three areas of evaluation included genetic history, environment and psychological background. Like the expert witnesses that preceded him, Dr. Woods exaggerated the dark elements and ignored the light. His testimony seemed credible only as long as he stuck to the script. The son is being punished for the crimes of the father. The circumstances of his life doomed him and his chronic alcoholism and distinctive personality disorders predetermined his fate. In other words, he could not help himself.

Under cross examination everything falls apart. We learn that it is not quite so bad after all. The explanations and justifications do not add up to a little girl decomposing under plywood on the side of a freeway. Then there is the real standard of balance in the Davis household; the siblings, determined that the world their children inherit from them is safer and more secure than the world they inherited from their parents.

One of the problems in achieving equity in a criminal trial is the issue of discovery. The California State Legislature has determined that the prosecution must turn all reports, notes and other relevant information over to the defense. However, it is not a reciprocal arrangement. The law says very clearly that the defense need only produce reports. Therefore, when an expert like Dr. Woods prepares his testimony, he does so from notes that need not be given to the prosecution. Since no report exists, the prosecution is at a distinct disadvantage. They are unable to prepare adequate cross examination and may overlook relevant points. Of course, this is not in the spirit of fair play.

We have listened to three consecutive days of psycho-babble whose sole purpose is to defend the indefensible. Does it really matter how much junk resides in the background of this monsters mind? So what if he has three distinct personality disorders that predetermined his actions. Perhaps we should execute him three times to make sure they all die.