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Wednesday, September 05, 2001

Man's ability in trial questioned


Beating-case judge weighs competency

By Terry Flynn
The Cincinnati Enquirer

        NEWPORT — Two psychologists had differing opinions Tuesday on whether 22-year-old Thomas Back of Covington is competent to assist in his defense and should stand trial for manslaughter.

        Mr. Back, who was originally charged with murder, is accused of beating 80-year-old Eugene Schulkers of Dayton, Ky., in the restroom at James Taylor Park on June 5, 2000. Mr. Schulkers died at St. Luke Hospital East nine days later.

[photo] Thomas Back (left), who faces manslaughter charges in the beating death of 80-year-old Eugene Schulkers, talks with attorney Steve Dowell in court Tuesday.
(Patrick Reddy photo)
| ZOOM |
        In testimony before Campbell Circuit Judge Leonard Kopowski, Dr. Paul Deardorff, a psychologist and clinic director for the Hamilton County Juvenile Court, said he determined after a series of interviews and tests that Mr. Back was not competent to assist in his defense.

        “I believe (Mr. Back) suffers from bipolar disorder and from depression,” said Dr. Deardorff, who was called by defense attorney Steve Dowell. “He suffered from failure-to-thrive syndrome as a small child. That simply means he was not properly cared for as a child, did not receive proper nourishment; and that can lead to developmental delays.”

        A Campbell County grand jury declined to indict Mr. Back on the murder charge and brought back an indictment of manslaughter, charging him with beating Mr. Schulkers “under extreme emotional disturbance.”

        Mr. Back told police the elderly man made a comment that angered him.

        “I found (Mr. Back) to be easy to anger and he has conduct disorders,” Dr. Deardorff said. “He acts without first giving any thought to the act. He was diagnosed with major depression in 1995.”

        Dr. Stephen Free, a forensic evaluator with the Kentucky Correctional Psychological Center, who also conducted interviews and tests with Mr. Back, said he “saw no signs of bipolar disorder that could not also be attributed to anti-social behavior.”

        “In my opinion, Mr. Back suffers from post-traumatic distress disorder, which was brought on by the incident,” Dr. Free, the prosecution's expert, said. “He has nightmares and thoughts about what happened that day, including seeing all the blood.”

        Dr. Free said Mr. Back underwent a CT scan and an electroencephalogram at University of Louisville Medical Center and the results were normal.

        “There was no indication of any organic brain disorder,” he said.
       
       



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