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Gudino trial update: expert doubts teen was sleepwalking

February 24th, 2011, 12:35 pm by

The Crime: On May 18, 2009, Colorado Springs police arrested a 13-year-old boy on charges that he shot and killed his 9-year-old brother and then wounded their mother in the family’s home in the 1800 block of Chapel Hills Drive.

The Defendant: Daniel Gudino, now 15, is being tried as a juvenile on charges of first-degree murder and attempted murder.

Defense theory: His public defenders have argued that the boy suffers from a mental illness and may have been sleepwalking when the shootings occurred.

Prosecution theory. Prosecutors contend the boy knew what he was doing when he picked the lock on a gun cabinet, loaded a .22 caliber rifle and then shot his brother Ulysses Jr. and shot and stabbed their mother Marina Gudino.

Number of days of testimony so far: 12

Number of juror questions so far: 88

What happened today: A sleep disorder expert called by the prosecution cast doubt on the defense that Daniel Gudino may have been sleepwalking during the attacks.

Dr. Mark Pressman of the Lankenau Medical Center of Wynnewood, Pa. described several ways in which Gudino’s reported behavior during the shootings did not resemble the usual traits of a sleepwalking episode.

For example, prosecutors contend Gudino sought out his younger brother and shot Ulysses as he was asleep in his bed.

Pressman said most incidents of violence during sleepwalking occur when the sleep is interrupted by someone.

“There’s nothing necessarily violent about a sleepwalker,” Pressman said. “Otherwise they go about their sleepwalking business.”

What the jurors asked: One juror asked if Pressman thought a soldier practiced in loading and shooting a gun could load it while sleepwalking?

Shoot maybe, Pressman said. Load, probably not.

“It doesn’t sound like the kind of action I’ve seen reported,” he replied.

What’s next: Colorado Springs homicide detective Donald Chagnon, who interviewed Daniel Gudino hours after the shootings, is expected to testify this afternoon.

Stay tuned to The Sidebar blog for updates on this trial.

Posted in: murder • • • • • • | 2 Comments »

Gudino trial update: psychiatrist says teen knew what he was doing

February 23rd, 2011, 1:08 pm by

Daniel Gudino does suffer from mental illness but the Colorado Springs teenager likely knew what he was doing when he shot his brother to death and wounded their mom, a prosecution psychiatrist testified Wednesday.

“Daniel does have a problem,” Dr. Steven Martin, a Pueblo forensic psychiatrist, told jurors at Gudino’s first-degree murder trial in juvenile court. “He does have symptoms of psychosis. I have no disagreement with that.”

Martin noted that months before the May 18, 2009 fatal shooting of 9-year-old Ulysses Gudino Jr. and the attack on Marina Gudino, Daniel had reported hearing voices speaking in Russian and seeing scary faces.

But after reviewing the evidence and spending 4 hours interviewing the 15-year-old at a juvenile detention center in September and October, Martin concluded the boy was not in the midst of a psychotic episode when the attacks occurred at the family’s home in the 1800 block of Chapel Hills Drive.

Deputy District Attorney Amy Fitch asked Martin if he thought Gudino had the mental state at the time of the shooting to show that his actions were deliberate and intentional.

“In my opinion, I think he understood and planned what occurred,” Martin replied.

As evidence, he cited the “complicated behavior” that the then 13-year-old boy displayed by picking the lock to a gun cabinet with a toothpick, loading a .22 caliber rifle, shooting his brother three times, putting the weapon down and then later shooting his mother in the arm after she returned home.

“I wished it was otherwise,” said Martin, who added he had never testified as an expert for the prosecution before.

Martin likely will be last prosecution witness called in the trial, which is now in a third and possibly final week.

His testimony conflicts with the findings of Dr. John Hardy, another Pueblo forensic psychiatrist who testified that Gudino is mentally ill and likely was sleepwalking when the shooting occurred. Hardy concluded that Gudino lacked the intent necessary for him to be found guilty of murder and attempted murder.

Hardy cited earlier episodes of Daniel’s Gudino sleepwalking. He also pointed out that the gun cabinet may have been previously unlocked by one of the defendant’s younger brothers.

But Martin said it was unlikely that a person in a psychotic episode would suddenly snap out of it, as Marina Gudino has testified. She said her oldest son seemed like he was in a trance-like state when he shot and then stabbed her, but came to and began apologizing and asking for help immediately after the attack.

Fitch asked Martin, “Would it be normal for a person to be in an acute psychotic state and come out of it like that?”

“No,” Martin replied.

Martin’s testimony is expected to continue this afternoon.

Stay tuned to “The Sidebar” blog for updates on this trial.

Posted in: assault • murder • • • • • • • | 4 Comments »

The Daily Docket

February 22nd, 2011, 8:43 am by
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Know of a court case I ought to be covering? Let me know.

My e-mail: john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

Posted in: assault • criminal negligent homicide • murder • • • • | Post a Comment »

Gudino trial update: jurors quiz defense expert

February 18th, 2011, 1:35 pm by

Can a sleepwalker pick a lock? Load a gun magazine? Chamber a bullet?

Those were some of the questions that jurors in the first-degree murder trial of Daniel Gudino had Friday for a defense expert who testified that he believes 15-year-old was sleepwalking when he killed his younger brother and wounded their mom.

But jurors quizzed Pueblo forensic psychiatrist Dr. John Hardy on the sequence of events that prosecutors claim the boy carried out during the May 18, 2009 shootings at his family’s home in the 1800 block of Chapel Hills Drive.

Guidino is accused of killing his 9-year-old brother Ulysses Jr. in a basement bedroom with a .22 caliber rifle and then walking upstairs to shoot and stab his mother Marina in the kitchen. They contend he picked the lock with a pair of toothpicks and loaded bullets into the rifle, which were normally stored unloaded.

(Under a jury reform enacted a few years ago, jurors in Colorado are allowed to pose written questions to a witness. In this juvenile court trial, Fourth Judicial District Judge David L. Shakes read them to Hardy.)

In general, Hardy answered that the more complex the task, the less likely it was to occur during a sleepwalking state.

For example, when a juror asked if a sleepwalker could climb a set of stairs, Hardy answered it was possible.

“They’re not blind. They’re asleep,” he said.

Could a sleepwalker pick a lock that they’ve previously picked or seen picked with a toothpick? a juror asked.

“I would say that’s very unlikely, because it involved fine motor coordination,” Hardy replied.

But he suggested there were other possible explanations for how Gudino could have gotten the rifle out a normally locked gun cabinet.

Besides Daniel Gudino’s DNA, investigators also found traces of DNA from his two other brothers Ulysses and Alex on the toothpicks.

Alex Gudino, 14, also testified that he had picked the lock on at least two occasions and saw his brother Ulysses trying to do so. Alex said he never saw Daniel try to undo the lock.

Jurors also wanted to know if Daniel Gudino had displayed any sleepwalking behavior in the time since his arrest while he’s been held at a juvenile detention center in Colorado Springs.

The psychiatrists replied no, although he said the youngster has reporting sometimes feeling smothered in his sleep, which Hardy described as a symptom of sleep disturbance.

The trial – nearing the end of its second week – continues this afternoon when several of Daniel Gudino’s former teachers at Mountain Ridge Middle School are expected to testify for the defense.

Stay tuned to “The Sidebar” blog for details and updates.

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The Daily Docket

February 18th, 2011, 11:42 am by
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Know of a court case I ought to be covering?

Let me know. My e-mail: john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

Posted in: assault • murder • • | 1 Comment »

Gudino trial update: parents sought help weeks before attack

February 17th, 2011, 1:27 pm by

Several weeks before Daniel Gudino allegedly killed his younger brother and wounded their mom, his father asked for help dealing with his older son’s depression, a doctor testified Thursday.

The defense began presenting its evidence this morning in the first-degree murder trial in juvenile court of the 15-year-old boy, who is accused of shooting his 9-year-old brother Ulysses Jr. to death on May 18, 2009 at the family home in the 1800 block of Chapel Hills Drive.

Dr. Michael Halenkamp, a pediatrician who had been the Gudino’s family doctor since January 2008, was the first defense witness called.

He told jurors about medical record notes made following evaluations of Daniel Gudino, starting when the boy was 11 years old. These included concerns over behavioral problems such as “extreme mood changes”, difficulty sleeping and decreased interaction with friends at school.

Halenkamp also noted that on April 8, 2009, his office got a call from Ulysses Gudino Sr., the boy’s father, asking for a phone number for a doctor who could help Daniel with depression. Halenkamp referred the father to a local child psychiatrist.

The next day, Halenkamp said his office got a call from Marina Gudino, the boy’s mother, asking for the phone number of the Pikes Peak Mental Health Center. She has misplaced the number that Halenkamp had provided her earlier, he said.

Prosecutors contend Daniel Gudino was conscious and deliberate when his shot and killed his brother and shot and stabbed their mom. Defense attorneys claim the boy suffers from mental illness and may have been sleepwalking during the attack.

Halenkamp also described a prank that Daniel had played in his office by pretending to be his younger brother Alex. As a result Daniel got a shot that was intended for Alex, he said.

Earlier in the morning, prosecutors called several of Gudino’s former classmates at Mountain Ridge Middle School, who described their friend as a shy but normal kid who liked to skateboard and play video games.

Stay tuned to The Sidebar and gazette.com for more details on this trial.

Correction: An earlier version of this post incorrectly stated the amount of time before Ulysses Gudino Sr. sought help for his son’s depression.

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Gudino trial update: brother describes sleepwalking episodes

February 15th, 2011, 1:25 pm by

Daniel Gudino had a sleepwalking problem that his entire family knew about, his younger brother testified today during his older brother’s first-degree murder trial.

In one incident, Alex Gudino said his brother Daniel chased him and an uncle into a bedroom and pounded on the door while sound asleep. Afterward Daniel was all sweaty when his parents woke him but he had no recall of the incident, the younger brother told jurors.

In other instances, Daniel Gudino would play guitar or urinate outside in the yard while asleep, his brother testified.

Daniel Gudino, 15, is on trial in juvenile court on charges of shooting to death his 9-year-old brother Ulysses Jr. and wounding their mother on May 18, 2009 inside the family’s home in the 1800 block of Chapel Hills Drive.

Prosecutors contend the attacks were intentional conscious acts. But Daniel Gudino’s public defenders claim the teen is mentally ill and may have been sleepwalking when he fired a .22 caliber rifle at his brother and then shot and stabbed his mother Marina Gudino.

Alex Gudino, 14, also testified that at least twice he thad used toothpicks to open the locked gun cabinet where the family kept its rifles, but that he never saw Daniel open the case. It wasn’t easy to undo the lock and it took about three minutes, he said.

Alex Gudino was at school on the morning when the shootings happened. But under questioning by his brother’s defense attorney, the 14-year-old described some of the dynamics of a family he described as loving, traditional and normal.

 He also described an older brother who struggled with being afraid of the dark and seeing ghosts in a home he thought was haunted.

A 911 call for cereal

In mostly one or two word answers, he agreed with Deputy Public Defender Noreen Simpson that he and his two brothers and sister were brought up to be respectful of others. He would politely hold doors open and was not supposed to talk back. For the most part, they didn’t, he said.

He agreed with Simpson who said Ulysses could be “sometimes pesty” and that he was the most “dramatic” member of the family.

“He did things to get attention?” Simpson asked.

“Yes,” Alex Gudino replied.

“He did things to get you and Daniel in trouble?” she asked.

“Yes,” he replied.

Once Ulysses called 911 to report that Alex and Daniel would not let him have some cereal when their parents were not home, Simpson said. The police wound up contacting a neighbor, she said.

“He’s just doing what little brothers are supposed to do?” she asked.

“Pretty much,” Alex Gudino replied.

Sometimes the two older brothers would tease Ulysses and curse at him when their parents weren’t around, Simpson said.

“But you would never hurt him,” she asked.

“No,” Alex Gudino replied.

“And no one ever talked about hurting him?” she asked.

“No” he replied.

Still best friends

Daniel Gudino is about a year-and-a-half older than his brother Alex and is the oldest son in the family. But he didn’t quite fit into the role of first son, Simpson suggested.

“The oldest one is suppose to be the strong one?” she asked Alex.

“Yes,” he replied.

“Daniel was supposed to be the leader, the protector,” Simpson added. “It wasn’t that way, was it?”

“No. It wasn’t.” Alex replied.

He agreed with Simpson’s observations of the differences between the two oldest brothers. Alex was more outgoing. Daniel was shy. Alex had lots of friends. Daniel had a few.

“You’re kind of mouthy?” she asked.

“Yes,” he replied.

“Daniel was kind of gentle,” she said. “At school, you were the brother that took the lead.”

Again, Alex agreed.

“You and Daniel have always been very close,” she said.

“We were like best friends,” Alex replied.

“You’re still best friends,” she said.

“Yes,” he replied.

Testimony in the trial resumes this afternoon. Prosectors prosecutors plan to show the jury a videotaped interview of Alex Gudino done shortly after the shooting.

For updates and more details, stay turned to The Sidebar blog.

Posted in: assault • murder • • • • • | 1 Comment »

Sleepwalking links

May 14th, 2010, 5:23 pm by

Here are some links to sites and documents related to my story on the history of the use of the sleepwalking defense in murder trials.

Sleep Forensics Associates:

http://sleepforensics.org/aboutSfa/

Albert Jackson Tirrel:

http://law.jrank.org/pages/2493/Albert-Tirrell-Trial-1846.html

Scott Falater:

http://www.phoenixnewtimes.com/2002-02-14/news/the-big-sleep/

Kenneth James Parks:

http://scc.lexum.umontreal.ca/en/1992/1992scr2-871/1992scr2-871.html

Stephen Reitz:

http://www.signonsandiego.com/uniontrib/20040625/news_1n25sleep.html

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The Gudino case: sleeper walker or killer?

May 7th, 2010, 1:01 pm by

Fourth Judicial District Judge David Shakes asked a question today about something he found curious about the case of Daniel Gudino.

Defense experts this week have described how they believe Gudino, then 13, was sleepwalking when he shot and killed his 9-year-old brother Ulysses and wounded their mother Marina in the family’s Colorado Springs home on May 18, 2009.  They contend Gudino thought he was shooting ghosts that morning.

Why then, the judge asked on expert, did Gudino put just five rounds into his .22 caliber rifle before the shooting began?

 The magazine clip held more than that. But earlier testimony indicated the boy’s father had trained his children to load just five rounds at a time when they went target shooting together as a safety precaution.

Dr. Ann Halbower, who treats children with sleeping disorders at Children’s Hospital in Denver, said several explanations were possible.

Gudino could have acted by rote memory of what his father told him to do, she said.

Plus people with violent sleep disorders can sometimes perform complex tasks, Halbower said.

She cited the case of one sleepwalking man who was fixing an automobile engine before he killed his wife. Another was able to drive his car across town she said.

It probably wasn’t logical, she added, that a boy who thought he was killing monsters would not load the weapon all the way.

Maybe Gudino thought he was a good enough shooter not to need more bullets, she speculated.

Or, Shakes suggested, it could be “the fact that he put in five rounds means that he was aware of what he what he was going to do,”

That question is at the crux of the week-long hearing that is drawing to a close this afternoon.

Did Gudino – whom doctors say had a history of sleepwalking and hallucinations – really know what he was doing that morning?  

Or should he – as prosecutors have requested – be tried on charges of second-degree murder and attempted murder in adult court? That will be up to Shakes to decide.

Stay with Gazette.com with more on the case later today.

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