Provenzano is not competent to be executed

NOVEMBER HEARING

On November 15 and 16, 1999, these proceedings resumed.

At that time, Provenzano presented the testimony of Henry Dee, Ph.D., Robert Berland, Ph.D., and Shannon Loveday.

The State presented the testimony of Harry McClaren, Ph.D., and Frederic Mitchell Lyle.

Dr. Dee was accepted by the Court as an expert on behalf of Provenzano in the field of forensic

psychology. (Transcript of Hearing held November 15 and 16, 1999 (hereinafter "TT" followed by

the corresponding page numbers), page 30). He testified about the examination of Provenzano that

he conducted on September 20, 1999. Dr. Dee opined that Provenzano is not competent to be

executed. Dr. Dee testified regarding the psychological testing that he performed on Provenzano,

and about the materials, which were submitted to him by Provenzano’s counsel, that he reviewed

before reaching his conclusion regarding Provenzano’s competency to be executed. Dr. Dee testified

that at the beginning of his interview of Provenzano, Provenzano’s behavior was similar to the

behavior Provenzano engaged in during Dr. Waldman’s interview of him, in that Provenzano behaved

peculiarly and seemed to be posturing. (TT. 37, 42-43) Dr. Dee testified that he ignored

Provenzano’s behavior, and it subsequently went away. (TT. 37, 42-43) Dr. Dee also testified that

there were times during his examination of Provenzano when he felt that Provenzano was not being

entirely forthcoming, and that he thinks Provenzano may have malingered at times not only with him,

but also with the other doctors who examined him. (TT. 42-45)

Dr. Dee testified that he and Provenzano discussed the death penalty. He stated that Provenzano

has a detailed grasp and knowledge of his trial, conviction, and sentencing, but that Provenzano

claims he is innocent and that he was convicted and sentenced as a result of a conspiracy. (TT. 48-

50, 53-54, 72) Dr. Dee testified that Provenzano understands he is going to be executed, but that

Provenzano was not overly concerned about this because he does not think the State is actually going

to execute him. (TT. 53-54)

Dr. Dee testified that near the end of his examination of Provenzano, he and Provenzano spoke

about Provenzano’s belief that he is Jesus Christ. (TT. 47-48) Dr. Dee testified that Provenzano has

held this belief that he is Jesus Christ since the 1970s. (TT. 57) Dr. Dee stated that Provenzano told

him it was torturous to be Jesus Christ, and that individuals who do not believe in Jesus Christ were

torturing him. (TT. 47-50) Dr. Dee further stated that Provenzano has a delusional belief that he is

going to be executed because he is Jesus Christ. (TT. 47-50) As part of his delusional belief,

Provenzano believes that his trial, conviction, sentence of death, and impending execution were

simply a ruse, and that he really was tried and sentenced to death because he is Jesus Christ. (TT.

63-66)

When asked why he opines that Provenzano does not meet the standard of competency for

execution, Dr. Dee stated his opinion is based on Provenzano’s long-standing delusion that he is Jesus

Christ, and Provenzano’s belief that his conviction and pending execution are because he is Jesus

Christ. (TT. 62-66, 76, 95) Dr. Dee testified that although Provenzano has a factual understanding

of his impending execution, his delusion of being Jesus Christ prevents him from having a rational

understanding as to why he will be executed. (TT. 62-66, 104) Dr. Dee testified that it is possible

for Provenzano to have the understanding that he is being executed because he is Jesus Christ and

still have an understanding that he is being executed because of his conviction for murder. (TT. 101-

102)