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NewsApril 19, 2001

COLUMBIA, Mo. -- Joshua Wolf was aware of his actions and that they were wrong when he allegedly murdered his grandmother in May and days later set fire to their home to destroy evidence, a psychiatrist testified Wednesday. Dr. Jerome Peters, a senior psychiatrist with the Missouri Department of Mental Health who was called by the prosecution, concluded from an evaluation of Wolf last summer that Wolf didn't demonstrate symptoms of a psychotic mental illness at the time of the crime or afterward.. ...

COLUMBIA, Mo. -- Joshua Wolf was aware of his actions and that they were wrong when he allegedly murdered his grandmother in May and days later set fire to their home to destroy evidence, a psychiatrist testified Wednesday.

Dr. Jerome Peters, a senior psychiatrist with the Missouri Department of Mental Health who was called by the prosecution, concluded from an evaluation of Wolf last summer that Wolf didn't demonstrate symptoms of a psychotic mental illness at the time of the crime or afterward.

"It appears he attempted to portray himself as having a mental illness," Peters said. "The evaluation showed he did not suffer from anything but depression, and that stemmed from his incarceration."

Wolf, 17, is on trial in Boone County for first-degree murder, armed criminal action and second-degree arson stemming from the death of his grandmother, Carolyn Lindley, 56. The trial was moved from Cape Girardeau County.

Attorney Stephen Wilson of Cape Girardeau is pursuing a defense for Wolf of not guilty by reason of mental defect.

In an attempt to discredit that defense, Cape Girardeau Prosecuting Attorney Morley Swingle called on Peters and a child psychologist who assisted in the evaluation of Wolf to provide three hours of expert testimony concerning Wolf's mental state.

That evidence was preceded by the playing of a videotaped confession Wolf made to investigators.

As he did during the first day of trial, Wolf seemingly paid little attention to the proceedings, keeping his head buried in his arms while seated at the defense table.

Peters evaluated Wolf at the Biggs Forensic Center in Fulton, Mo. Wolf has remained in custody at the maximum security state psychiatric facility while awaiting trial.

The evaluation included interviewing Wolf on four occasions, secretly observing his behavior, reviewing police and court records related to the crimes and studying Wolf's history.

Peters said Wolf's claims of hearing voices were inconsistent and not credible. Wolf also repeatedly stated he was a "habitual liar," Peters said.

According to prosecution testimony and evidence, Wolf shot Lindley in the head on Saturday, May 6. Over the next couple of days he went on a spending spree after withdrawing as much money as he could using his grandmother's ATM card.

Two days later, a Monday, he went to school, where witnesses said he appeared normal. That afternoon he set fire to the home he and Lindley had moved into just weeks earlier at 175 Piaute Lane in unincorporated Cape Girardeau County.

"These are things an individual who is psychotic cannot do," said Peters, adding that the alleged cover-up indicates Wolf knew the difference between right and wrong.

"This is not the behavior of someone so mentally ill that they could not conform themselves to the requirements of the law," he said.

Under cross-examination, Wilson asked if Peters was aware one of Peters' colleagues at the Biggs Center had diagnosed Wolf as suffering from bipolar disorder.

Peters responded by saying bipolar disorder, like depression, is a mood disorder "that is in no way a psychotic illness," a key element in proving not guilty by reason of mental defect.

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Wilson also asked if Peters was aware another psychiatrist had diagnosed Wolf with post-traumatic stress disorder. Peters disagreed with that diagnosis.

School personnel testify

Prior to the expert testimony, Swingle called a parade of teachers and administrators from R.O. Hawkins Junior High School in Jackson, Mo., and some of Wolf's former classmates to lay the groundwork for debunking the claim of mental illness. All those witnesses said Wolf seemed a normal teen-ager and was outgoing and polite.

"I talked to him a lot; he was very approachable," said Michael Kiehne, a history teacher at the school. "He was a clean-cut kid. He looked like any other kid in Jackson. He fit in well."

Wolf had attended the Jackson junior high school for only about a week. He and Lindley had just moved from Columbus, Ohio, so Lindley could take a $67,000-a-year job at St. Francis Medical Center in Cape Girardeau. On the day of the fire, Wolf told school officials he would be immediately returning to Columbus to finish out the school year.

Wednesday's proceedings began with the jury being shown the remainder of a videotape from Wolf's interrogation by investigators. In the portion shown earlier, Wolf at first is forthcoming in his explanation of his movements the day of the fire but later breaks down emotionally over his grandmother's death.

In the portion shown Wednesday, investigators accuse him of lying, which Wolf at first angrily denies. He eventually confesses but says details of what actually happened "come in flashes."

At one point Wolf cries out, "I don't know what's wrong with me. I'm so sorry."

Wilson attacked various inconsistencies in the confession, insinuating that Wolf was fatigued by questioning that lasted about 80 minutes, concluding at 12:40 a.m. on May 9.

Wilson asked John Brown, who at the time of the questioning was a Cape Girardeau police lieutenant, if Wolf hadn't told a number of different stories.

After a long pause, Brown said: "I'm not sure there were different versions. He started off denying he murdered his grandmother. Then he admitted it. Then he started adding details."

The sound is missing from the final minutes of the tape, but Brown is seen leaning forward and closely talking with Wolf. Brown, who was involved as a member of the Bollinger-Cape Girardeau County Major Case Squad, testified as to what was said.

"Josh said, One more thing,' and we asked him what it was," Brown said.

Wolf then asked for his uncle, who was present during the interrogation, to leave the room. Brown said investigators were uncomfortable with that and insisted the uncle stay.

"At that point, I leaned forward and said, It's about the sex, isn't it, Josh,'" Brown said. "He said, Yes.'"

Wolf then admitted to engaging in intercourse with his grandmother's body, Brown said.

Dr. Michael Zaricor, who performed an autopsy, said the lower section of the body was too badly damaged by fire to corroborate that part of Wolf's confession.

The trial is expected to continue through Friday.

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