activity in the orbitofrontal cortex . . . consistent with an ADHD like He also process.” found of some form of and decreased scalloping, “often indicative toxic exposure,” activity in the prefrontal pole, which a history of brain “may indicate injury.” Based in part on Dr. Dr. Shore concluded that brain Amen’s report, Cervantes’s was and found specific of the prefrontal cortex. He “diffusely damaged” “compromise” opined that Cervantes was in a state of when he attacked the “acute organic psychosis” children. Cervantes was also suffering from and “longstanding quite significant” brain and learning disabilities. Dr. Shore believed depression, “moderate damage,” drug use partly explained his behavior that night, and he was allowed to Cervantes’s testify to drug and alcohol history. He opined that substance Cervantes’s Cervantes’s abuse may have contributed to his brain damage, along with lack of oxygen at birth and head Dr. Shore accepted as a fact that Cervantes had taken “multiple minor injuries.” psilocybin mushrooms on the night of his crimes. His opinion was based on brain damage, psychedelic drug ingestion, and depression; no single factor could be considered the cause of the psychotic episode. Dr. Stalcup, a physician specializing in addiction medicine, also conducted an examination of Cervantes, focusing on the effect of hallucinogenic drugs on someone with his specific cognitive impairments, as described by Dr. Shore. Assuming Cervantes consumed psilocybin mushrooms on the night of the crimes, Dr. Stalcup endorsed Dr. opinion and concluded that alcohol and drug use caused an organic Shore’s Cervantes’s psychosis and Cervantes attacked his victims in a dissociative state. His opinion relied on Dr. and on report of having taken psilocybin mushrooms Shore’s report Cervantes’s that night. He was not allowed to testify that Cervantes was, in fact, using psilocybin mushrooms that night. He also thought Cervantes was under the influence of “possibly” MDMA. Dr. Stalcup also opined, however, even without psilocybin mushrooms, alcohol and marijuana use alone, combined with the deficits revealed in the Cervantes’s SPECT scan, would have led to organic psychosis. The Motion for a New Trial
activity in the orbitofrontal cortex . . . consistent with an ADHD like process.” He also found scalloping, “often indicative of some form of toxic exposure,” and decreased activity in the prefrontal pole, which “may indicate a history of brain injury.” Based in part on Dr. Amen’s report, Dr. Shore concluded that Cervantes’s brain was “diffusely damaged” and found specific “compromise” of the prefrontal cortex. He opined that Cervantes was in a state of “acute organic psychosis” when he attacked the children. Cervantes was also suffering from “longstanding and quite significant” depression, “moderate brain damage,” and learning disabilities. Dr. Shore believed Cervantes’s drug use partly explained his behavior that night, and he was allowed to testify to Cervantes’s drug and alcohol history. He opined that Cervantes’s substance abuse may have contributed to his brain damage, along with lack of oxygen at birth and “multiple minor head injuries.” Dr. Shore accepted as a fact that Cervantes had taken psilocybin mushrooms on the night of his crimes. His opinion was based on brain damage, psychedelic drug ingestion, and depression; no single factor could be considered the cause of the psychotic episode. Dr. Stalcup, a physician specializing in addiction medicine, also conducted an examination of Cervantes, focusing on the effect of hallucinogenic drugs on someone with his specific cognitive impairments, as described by Dr. Shore. Assuming Cervantes consumed psilocybin mushrooms on the night of the crimes, Dr. Stalcup endorsed Dr. Shore’s opinion and concluded that Cervantes’s alcohol and drug use caused an organic psychosis and Cervantes attacked his victims in a dissociative state. His opinion relied on Dr. Shore’s report and on Cervantes’s report of having taken psilocybin mushrooms that night. He was not allowed to testify that Cervantes was, in fact, using psilocybin mushrooms that night. He also thought Cervantes was “possibly” under the influence of MDMA. Dr. Stalcup also opined, however, even without psilocybin mushrooms, Cervantes’s alcohol and marijuana use alone, combined with the deficits revealed in the SPECT scan, would have led to organic psychosis. The Motion for a New Trial