Harris lawyers dispute prosecution theory
By Molly Montag, Journal staff writer | Posted: Thursday, September 18, 2008
SIOUX CITY -- Anything a Sioux City man accused of killing his stepdaughters during a satanic spell or ritual said to distort a psychiatric test was an attempt to show he was sane, his attorneys say, not to fake a mental illness.
At issue is a personality assessment test administered to Lawrence Douglas Harris, who police say fatally stabbed and strangled 10-year-old Kendra Suing and 8-year-old Alysha Suing.
"The state has created an aura that Mr. Harris was faking in order to help his defense," his attorneys wrote. "In fact, if there was any faking, it would have been to have just the opposite effect."
The Woodbury County Public Defenders' office Wednesday said in a motion that prosecutors are using bits and pieces of the truth out of context to paint an untrue picture of Harris.
They also dispute the prosecution's assertions that the crimes may have been an act of revenge against his wife, Marla Harris, whom prosecutors said the defendant believed was having an affair.
Firefighters found the girls in their bedrooms on Jan. 6 while responding to a fire at 1420 Nebraska St. Prosecutors said police found a copy of the Satanic Bible, Wiccan writings, Pagan writings and references to satanic rituals in Harris' own spell notebook.
Harris allegedly told police the girls died during a spell that "had gone bad."
He has pleaded not guilty. His attorneys say they will use the insanity defense.
Although defense attorneys concede Harris may have answered one question untruthfully during a Personality Assessment Inventory, they say his statements were "to present himself as not having psychological problems."
Prosecutors said in a motion filed Sept. 11 that a defense expert, Dr. Harold Bursztajn, testified in a deposition that Harris' responses to a psychiatric test indicated he gave some responses that were unusual for someone with a mental illness. They said a report, which they wanted to introduce as evidence, stated those answers were "relatively common among individuals feigning mental disorder."
The state did not reveal Bursztajn's full explanation, defense attorneys say, which was that Harris' answers were consistent with someone who was showing some dissociation but "denying or minimizing other elements of dissociation."
For that reason, defense attorneys contend a jury should not have to decipher bits and pieces of a detailed report without analysis.
Defense attorneys say threats Harris allegedly made to hurt his wife were described by a witness as empty threats made to "let off steam" and not a motive as prosecutors claim.
They say the alleged affair Harris told a psychiatric expert he believed his wife had been having was in the past, not in the present tense as prosecutors proposed.
According to prosecutors, Harris threatened to hurt his wife "in the worst possible way without even touching her." Prosecutors said the threats would explain why Harris allegedly killed his wife's daughters and not his biological son, whom Marla Harris has said was home at the time the girls died.
Defense attorneys disagreed, saying their client's brother stated Marla Harris and her 3-year-old stepson "were like mother and son."
The judge presiding over the case has already issued an order saying he will address issues raised in the motions just prior to a Sept. 29 change of venue hearing.
At issue is a personality assessment test administered to Lawrence Douglas Harris, who police say fatally stabbed and strangled 10-year-old Kendra Suing and 8-year-old Alysha Suing.
"The state has created an aura that Mr. Harris was faking in order to help his defense," his attorneys wrote. "In fact, if there was any faking, it would have been to have just the opposite effect."
The Woodbury County Public Defenders' office Wednesday said in a motion that prosecutors are using bits and pieces of the truth out of context to paint an untrue picture of Harris.
They also dispute the prosecution's assertions that the crimes may have been an act of revenge against his wife, Marla Harris, whom prosecutors said the defendant believed was having an affair.
Firefighters found the girls in their bedrooms on Jan. 6 while responding to a fire at 1420 Nebraska St. Prosecutors said police found a copy of the Satanic Bible, Wiccan writings, Pagan writings and references to satanic rituals in Harris' own spell notebook.
Harris allegedly told police the girls died during a spell that "had gone bad."
He has pleaded not guilty. His attorneys say they will use the insanity defense.
Although defense attorneys concede Harris may have answered one question untruthfully during a Personality Assessment Inventory, they say his statements were "to present himself as not having psychological problems."
Prosecutors said in a motion filed Sept. 11 that a defense expert, Dr. Harold Bursztajn, testified in a deposition that Harris' responses to a psychiatric test indicated he gave some responses that were unusual for someone with a mental illness. They said a report, which they wanted to introduce as evidence, stated those answers were "relatively common among individuals feigning mental disorder."
The state did not reveal Bursztajn's full explanation, defense attorneys say, which was that Harris' answers were consistent with someone who was showing some dissociation but "denying or minimizing other elements of dissociation."
For that reason, defense attorneys contend a jury should not have to decipher bits and pieces of a detailed report without analysis.
Defense attorneys say threats Harris allegedly made to hurt his wife were described by a witness as empty threats made to "let off steam" and not a motive as prosecutors claim.
They say the alleged affair Harris told a psychiatric expert he believed his wife had been having was in the past, not in the present tense as prosecutors proposed.
According to prosecutors, Harris threatened to hurt his wife "in the worst possible way without even touching her." Prosecutors said the threats would explain why Harris allegedly killed his wife's daughters and not his biological son, whom Marla Harris has said was home at the time the girls died.
Defense attorneys disagreed, saying their client's brother stated Marla Harris and her 3-year-old stepson "were like mother and son."
The judge presiding over the case has already issued an order saying he will address issues raised in the motions just prior to a Sept. 29 change of venue hearing.
Story Comments
Read More and Post Comments 0 comment(s)
Please note: The following are comments from readers. In no way do they represent the views of The Sioux City Journal or Lee Enterprises. We will not edit or alter your comments, but we do reserve the right to not post or to remove comments that violate our code of conduct. No comment may contain potentially libelous statements; obscene, explicit or racist language; personal attacks, insults or threats. Terms of Service
