Experts testify in trial of man accused of killing Kenosha deputy
By Janine Anderson
Journal Times | Posted: Friday, March 7, 2008 12:00 am
RACINE - An Illinois psychoanalyst testified Thursday that the man accused of killing a Kenosha County Sheriff's Department deputy was so drunk he could not have had the intent to commit murder.
Ezequiel Lopez-Quintero is accused of first-degree intentional homicide for allegedly shooting Deputy Frank Fabiano Jr., on May 16. The defense is claiming Lopez-Quintero was so drunk that he could not have formed any intent to kill, and should therefore be acquitted of that charge. In Wisconsin, intent to kill does not mean premeditated murder.
Attorney Frederick F. Cohn called psychoanalyst Robert Galatzer-Levy to the stand. Galatzer-Levy spent three hours with Lopez-Quintero last
weekend.
He said that Lopez-Quintero's blood-alcohol content at the time of Fabiano's murder was between 0.20 and 0.26, which put him squarely in the range where alcohol blackouts occur. Galatzer-Levy said a blackout was characterized by a discontinuity of memory, which Lopez-Quintero appeared to have.
"I would not believe he could form an intent," Galatzer-Levy said. "At that level of intoxication, the ability to form a coherent, sensible thought is, for most of the time, impossible. One can't form an intent to kill or any continual intent."
The state's expert had a different opinion.
Psychiatrist Robert Rawski said Lopez-Quintero's actions, including his ability to drive from Chicago to Kenosha while extremely drunk, showed that he was capable of forming an intent and following through on it, and that any alcohol blackout would not have impaired that ability.
"(An alcohol blackout causes someone) to lose the ability to encode from short-term memory to long-term memory," Rawski said. "What happens, it's not apparent to people around and not apparent to the person in the moment. Short-term memory is not affected. They can remember things for a few minutes, then the next day they don't remember that period of time."
He said the lack of memory about what happened during that period of time does not mean someone was unable to make decisions or form intent.
"They may not remember but that doesn't mean they won't be able to conduct themselves appropriately," Rawski said.
The trial for the man accused of killing a Kenosha County Sheriff's deputy last spring is expected to end Friday, as attorneys address the jury for the last time.
Trial to go to jury today
Ezequiel Lopez-Quintero, 45, is charged with first-degree intentional homicide for allegedly fatally shooting Deputy Frank Fabiano Jr., at about 11:30 p.m. on May 16. He was arrested three hours later in the parking lot of an apartment complex after fleeing from the scene, according to an eyewitness.
The defense is not contesting that Lopez-Quintero pulled the trigger, but that he was so drunk at the time that he could not have formed the intent to kill Fabiano. Testimony given Thursday shows that Lopez-Quintero told law enforcement early on that he could not remember what happened. His attorney asserts that shows signs that he is suffering the effects of an alcohol blackout, which the attorney says proves he could not have formed intent.
The murder happened in Kenosha County, but extensive pre-trial publicity prompted the judge to grant the defense's request to have the trial moved to another location. Judge Wilbur Warren said Racine was the closest place where the defendant could be guaranteed a fair trial, and moved the proceedings here.
The state rested about 11 a.m. Thursday, and the defense called one witness in the afternoon. Kenosha County District Attorney Robert Zapf then called two rebuttal witnesses before the judge released the jury about 5:40 p.m.
Attorneys are due back in court at 8:15 a.m. Friday to go over last-minute items before the jury arrives at 9 a.m. Closing arguments are expected in the morning, after which the jury is likely to begin deliberations.
They will consider the primary charge, first-degree intentional homicide, along with a lesser included offense of homicide by intoxicated use of a firearm, as well as the second count filed against Lopez-Quintero, that he was carrying a concealed weapon. If convicted of the most serious charge, Lopez-Quintero would face a life prison sentence.