How does a defendant defend in a personal injury case using a cross-examining technique used in a mental health case?

California, United States of America


The following excerpt is from People v. Romero, G053833 (Cal. App. 2018):

Defendant relies primarily on People v. Murdoch (2011) 194 Cal.App.4th 230. There, the court held a competency hearing. Court appointed experts found the defendant had a severe mental illness, yet was presently competent to stand trial due to medication, but was inconsistent with his medication and would be incompetent absent the medication. (Id. at p. 233.) The court found the defendant was mentally competent, and later granted his request to represent himself. (Id. at p. 234.) Defendant informed the court his defense was that the victims were not human. According to defendant, they were angelic beings, and the proof would be that they do not have shoulder blades. (Ibid.) When one of the witnesses took the stand, defendant cross-examined her with a single question: "Can you shrug your shoulders like this?" When the witness complied, he declared that this was not the right person. (Id. at p. 235.)

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