Arizona Republic from Phoenix, Arizona • Page 16

MONDAY, SEPTEMBER 29, 2003 THE ARIZONA REPUBLIC ROQUE Jurors can make the right decision if they apply common sense and stick with the facts, but conflicting testimony doesn't make their deliberations easy, said Gina Lang, a Valley psychologist who has testified in guilty except insane trials. "I definitely do think it's a hard job. Even if they were a group of professionals, it's hard," she said. "The jurors are able to use common sense. That helps them weigh information and allows them to decide who they believe and who they do not believe." Risky defense From Page B1 cause jurors are historically skeptical of psychiatric evi- Mike Vaughn, a veteran Valley defense attorney, said the guilty except insane defense is extremely risky be- dence.

A defense attorney starts by admitting the client committed an abhorrent crime, then has to prove with "clear and convincing evidence," a standard only one step below guilty beyond reasonable doubt, that the defendant is legally insane. "It's one of the riskiest defenses you can have," Vaughn said. "You better have a ton of evidence supporting that proposition." While some doctors can show X-rays demonstrating a broken arm or another disease, it's not that simple for psychiatric experts, he said. "Psychiatry is so subjective and is a person's interpretation of another person's actions," Vaughn said. "It's a risky defense unless you have mental health experts unanimously saying the same Nothing could be further from the truth in Roque's case.

Two defense experts say Roque could not have known right from wrong, Arizona's definition of legal insanity, because of his mental illness. A prosecution expert testified he was faking mental illness, never heard voices and knew right from wrong. A court-appointed expert concluded To place a customized funeral announcement contact your funeral home or the Classified Advertising Department at 602- 444-8774 or 602-444-8772, Monday through Saturday, 9am 4pm, or email your request to The Arizona Republic publishes a free basic obituary notice as a public service, including hame, age, date of death, place of residence, visitation services, military status, a and one contribution. Families who choose to present additional information are charged $80 for the first 20 lines and $60 photo, this includes print and on-line posting to Legacy.com. Each additional 10 lines increments are charged.

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Obituaries submitted to the Republic may be published or distributed in print, electronic or other forms. ENGSTROM, Kay FINK, Nancy L. HEINZE, Robert P. KENNEDY, Phyllis PHILLLIPS, John TARBOX, Helen Doris VERMILION, Ruth Hanson WEBB, Karen Marie Alexander WOLFE, Robert G. Kay Engstrom, 66, of Surprise, AZ passed away on September 26, 2003.

Visitation will be from with Services at on Monday, September 29, 2003 at Camino Del Sol Funeral Chapel, 13738 Camino Del Sol, Sun City West, AZ. Arrangements by Camino Del Sol Funeral Chapel Cremation Center. Nancy L. Fink of Lakeside, AZ passed away on September 23, 2003. She was 66.

A memorial service to remember and celebrate her life will be held on Wednesday, October 1, 2003, at 1 p.m., at the Community Presbyterian Church, 1940 S. Penrod Lane in Pinetop. In lieu of flowers, donations may be made to the Community Presbyterian Church, Pinetop, AZ. Robert P. Heinze, 82, of Scottsdale, AZ, passed away September 2003.

Military Service: US Navy, WWII. Memorial Service: Oct. 2, 2pm, Messinger Mortuary, 7601 E. Indian School Scottsdale. AZ.

Jury faces hard Differing opinions Four expert witnesses offered their opinions on murder defendant Frank Roque's mental condition. Dr. John Scialli Prosecution psychiatrist Diagnosis: Adjustment disorder with depressed mood, a personality disorder, suffers from no psychosis, is faking psychiatric symptoms, never heard voices, knew right from wrong. "He knew his acts were against the law and he would face legal consequences for them." Richard Rosengard Defense psychiatrist Diagnosis: Recurrent major depressive disorder and brief psychotic disorder. Disagrees with defense psychologist Phillip Barry's diagnosis of schizotypal personality disorder.

"He had no ability to ascertain that this is something wrong to do." Dr. Jack Potts Court-appointed psychiatrist Diagnosis: There is evidence Roque is mentally ill but there is no evidence that his illness was so severe that he could not know right from wrong. "When you are mentally ill, it doesn't preclude all reason. To me, it wasn't even close. He the wrongfulness of his actions." Dr.

Phillip Barry Defense psychologist Diagnosis: Schizotypal personality order and brief psychotic disorder. "Mr. Roque has a very distorted internal reality that became more and more out of touch with the real world until he acted. Once he accomplished his mission, it was time to relax, celebrate and look for congratulations. None of it makes sense.

It's all grotesque and fits with a psychotic episode." Roque probably is mentally ill but still knew right from wrong. Their disagreements only fuel even more juror skepticism, experts agree. Jurors often think "you can find an expert to say just about anything. I think it's a reasonably correct perception," said Jack Chin, a University of Arizona law professor. "You can find somebody if the price is right." Slobogin said research on insanity defenses shows they are successful in about 25 percent of cases that go to trial.

But Chin believes insanity defenses are far less successful. "This battery of experts, it's. very confusing to jurors," he said. "How are they supposed to make a judgment? If the experts disagree, a lay jury will Phyllis Kennedy, 69, of Phoenix, Arizona formerly of Warren, Michipassed away September 27, 2003 with all of her children at her side. She will be deeply missed by her family, friends and her co-workers at Osco Drug where she enjoyed working.

Private Services will be held in Michigan. Contributions to the Humane Society or the Ronald McDonald House. Arrangements by Heritage Funeral Chapel. The Arizona Funeral Directors Association FOUNDATION FOR CHILDREN There At The Beginning Of Life Call Today To Learn How You Can Contribute! www.azfda.org Post your remembrances and condolences 3 online. azcentral.com decision "This battery of experts, it's very confusing to jurors.

How are they supposed to make a judgment? If the experts disagree, a lay jury will have a hard time grappling with Jack Chin University of Arizona law professor sins and asking God to help his family. But two years later, Roque sits motionless daily in Maricopa County Superior Court Judge Mark Aceto's Mesa courtroom and has taken Zyprexa, a powerful anti-psychotic medication, since a few weeks after his arrest. Jurors will have three possible verdicts: guilty, not guilty or guilty except insane. If found guilty except insane, Roque would be sent to the state hospital, not prison, and released whenever a panel of psychiatrists determines he is no longer a threat to himself or others. 'Laying groundwork' The experts said that even if jurors reject the guilty except insane defense, Patterson and Stein can still score a victory if the psychiatric evidence leads to a life sentence in prison, with or without the possibility of parole.

"It certainly is laying the groundwork for a sentence other than death, and that's good lawyering," Vaughn said. But Slobogin said research in insanity defenses shows that psychiatric evidence can backfire. "The jury thinks these people are abnormally dangerous and are more apt to sentence them to death," he said. Reach the reporter at or (602) 444-7984. OBITUARIES September 29, 2003, 5:00 to 7:00 PM A.L.

Moore Grimshaw Bethany Chapel, 710 West Bethany Home Road. Services Tuesday, September 30, 2003, 10:00 AM, A.L. Moore Grimshaw Bethany Chapel, 710 West Bethany Home Road. Helen Doris Tarbox, Phoenix, Arizona passed September 24, 2003. Visitation Monday, 92, of away Dignity Ruth Hanson Vermilion.

Born January 11, 1907 in Meridian, Texas passed away peacefully at home on September 25, 2003. She is survived by her brother, Clifford Hanson, sister, Mary McLaurin, children, Paul Vermilion, Marge (Glenn) Murphy, Joe Vermilion and Jay Vermilion, 15 grandchildren, 30 great grandchildren and 2 great, great grandchildren. Ruth was a resident of the Phoenix area since 1945 and worked until she was 93 years old. A beloved and wonderful lady she will be missed by all. Services were held at Camelback Sunset Mortuary at 4pm Sunday, September 28th.

The Arizona Funeral Directors Association FOUNDATION FOR CHILDREN We invite you to contribute to our Foundation. Caring funeral directors, in conjunction with Arizona schools school nurses, identify children with specific needs and provide funds to assist these children. www.azfda.org With remember Geoffrey Michael Adams Aug. 28, 1978 Sept. 29, 2002 We thought of you with love today but that is nothing new We thought about you yesterday and days before that, too.

We think of you in silence We often speak your name Now all we have is memories and your pictures in a frame. Your memory is our keepsake with which we'll never part God has you in his keeping We have you in our hearts. Geoff, we miss you so much! From all who love you. STATE ROUNDUP 8 are indicted in killing of Apache Junction man FLORENCE Two teenage brothers and six others were indicted in the slaying of an Apache Junction man killed during a home invasion. Each suspect in the Sept.

10 death of 59-year-old Charles Snyder is scheduled for arraignment Friday in Pinal County Superior Court. Brothers Allen and Johnny Pacheco have been charged with first-degree murder, first-degree burglary and two counts each of aggravated assault. Both remain in the Pinal County Adult Detention Center on $500,000 bond. John Ransom, 18; Dave Michienzi, 22; Henry Mitchell, 21; Fredrick Wayne Besenhofer, 21; Cindy Johnson, 29, and Michael Daniel White, 25, also were indicted. Each faces charges of first-degree burglary and conspiracy to commit kidnapping.

Each is being held in lieu of $50,000 bond. Another West Nile case found in Pima County PIMA COUNTY A dead crow found last week on the Howling Coyote Trail near Three Points was infected with the West Nile Virus, county officials said. It is the second report of the virus in Pima County. Ten of Arizona's 15 counties have reported the presence of the virus, though only one human case has been reported. Health officials believe the Graham County man got the disease in another state.

Fees by animal shelters leading to pet-dumping TUCSON Fewer animals are being dropped off at shelters after the Pima Animal Care Center and the Humane Society of Southern Arizona began charging a fee. Park employees have reported at least seven incidents of pet-dumping at campgrounds and scenic overlooks. To offset operating costs, the Humane Society is charging $25 per dog or cat and $35 per litter to take animals. Wire services. have a hard time grappling with that." Because of an insanity defendant's high burden of proof, "if (jurors) are confused, you reject the defense," Chin said.

"If you're confused, they haven't proven their case." Defense attorneys Dan Patterson and Bob Stein have said from the start that their goal is save Roque's life because of his mental illness. Roque was animated and sometimes profane as he repeatedly denied the murder and two related drive-by shootings at Middle Eastern targets on Mesa police videotapes recorded hours after his arrest. At one point, a hidden video camera captured Roque, described by a family member as a fallen Roman Catholic, praying for forgiveness of his John (Jack) Pierson Phillips passed away on September 25, 2003. A native of Phoenix, he was born on March 3, 1925 to Ralph A. Phillips and Clara Pierson Boies, both from pioneer Arizona families.

His grandfather, John C. third served as Dignity Phillips, the governor of Arizona from 1929 to 1931. Jack attended Madison Elementary School and North Phoenix High School (class of 1943). He went on to attend the University of Arizona for both his undergraduate and law degrees. He graduated with honors in 1948.

It was there, at the of that he met his wife of 55 years, Virginia Merritt of Prescott. They were married July 19, 1948. His law career started with the firm of Phillips, Jones and Phillips. He worked at the law firm of Snell and Wilmer for over 20 years where he became a Senior Partner. Jack was a devoted family man who enjoyed his three children: Ralph, Jay and Mary.

He was a long time member of All Saints Episcopal Church and served on their vestry for many years. He was also a member of the Family Service Board, the Sigma Chi Fraternity, the Valley Field, Riding, and Polo Club and an active tutor with the OASIS Foundation. Vim and Jack enjoyed an active retirement spending time in both Phoenix and the White Mountains. They travelled extensively and enjoyed the company of family and friends. Jack was an avid, but lousy golfer, a devoted gardener and very active in his church.

He will be greatly missed for his warm and uplifting spirit, his generous nature, and his wonderful sense of humor. It was said that his laughter could fill a house and it certainly filled ours. He will be greatly missed. His survivors include his wife, Virginia of Paradise Valley, and his children and grandchildren, Ralph Phillips and Sherry Curtis of Tucson, Jay, Leslie, Matthew and Tanner Phillips Phoenix, and Mary, Rob, Andrew and Abby Heath of Boulder, CO. Services will be held Tuesday, September 30 at All Saints Church, 6300 North Central Avenue, Donations can be sent to: All Saints Episcopal Church or Church of Our Saviour, P.O.

Box 71, Lakeside, AZ 85929. Arrangements by A. L. Moore Grimshaw Mortuary. VALLEY BRIEFS Homeless man is killed Chandler police officer as he steps into street on leave after accident GLENDALE A 44-year-old CHANDLER A Chandler homeless man was struck by a police officer who struck and car and killed Saturday night killed a bicyclist with his pawhen he stepped into a Glen- trol car has been placed on dale street, police said.

standard paid administrative. The unidentified man was leave. attempting to cross West Officer Ron Kelly, a sevenCamelback Road near 46th year veteran, hit the bicyclist Avenue when he was struck Saturday night as he reby an 18-year-old driver, who sponded to an emergency call stopped and attempted to help of a suicidal crash youth with a the injured man. The victim knife. The occurred at was taken to St.

Joseph's Hos- Arizona Avenue near Erie pital and Medical Center, Street. Investigators think the where he was pronounced bicyclist may have been dead of massive upper body drinking. trauma, investigators said. Meanwhile, police have Police do not believe the been unable to locate reladriver was impaired by drugs tives of the victim to notify or alcohol. them of his death.

Police are not releasing his name until family members are notified. Karen Marie Alexander Webb was born November 14, 1920 in Phoenix, AZ. She was second of five children born to Blaine and Edith Alexander. Karen passed away, peacefully with family around her on September 25, 2003. She attended Dignity Grammar creighton.

Phoenix Union High School Utah State University. She married her high school sweetheart, Keith Webb on September 20, 1941 in the AZ LDS 1 Temple. They had 3 sons and 3 daughters. Their oldest son Keith Jr. and youngest daughter Kara Lynn preceded her in death.

She is survived by her husband Keith of 62 years children, Kathy, Kim, Kirstine Kenny, all residing in AZ. She is also survived by her younger brothers, Charles John, younger sister Margaret. She had 26 grandchildren 29 grandchildren. She was actively involved in the LDS Church serving in many capacities including relief society Pres. She was a great genealogy buff for many years.

She tole painted, and was an excellent seamstress, enjoyed all crafts gardening. She danced with the golden girls was always an exercise enthusiast swimmer. She was a loving mother, wife and friend to all. Very generous and charitable throughout her life. Her family will miss her dearly and forever remember her role and influence in their lives.

Services will be held Tues. Sept 30, 2003 at the Glendale North Stake Center, 4901 W. Union Hills at 10:00 A.M. Visitation will be at 9:00 A.M Arrangements by Greenwood Memory Lawn Mortuary. The Arizona Funeral Directors Association FOUNDATION I FOR CHILDREN We invite you to contribute to our Foundation.

Caring funeral directors, in conjunction with Arizona schools school nurses, identify children with specific needs and provide funds to assist these children. www.azfda.org Robert G. Wolfe, age 80, passed away September 24, 2003 in Scottsdale. He was a veteran of the U.S. Army during WW Il.

Mr. Wolfe had an impressive variety of careers spanning for many years. He was an attorney, real estate developer, and was involved in the hospitality industry. He also enjoyed writing commentaries to the editors of several newspapers. Survivors include his wife Joyce, sons Scott (Natalie Brown) of Denver, CO.

and of Chicago, and grandchildren Jackson R. and Jaime N. Wolfe. Private services were held. Contributions in his memory are requested to Hadassah Valley of the Sun Chapter, 7000 E.

Shea Boulevard Scottsdale, AZ 85254. Arrangements by Sinai Mortuary. 833 In Memoriam In Memory of Joseph Neubauer May 5, 1928 Sept. 29, 2001 Gone, Yet Not Forgotten Although We Are Apart Your Spirit Lives Within Us Forever In Our Hearts Missing You More Than Words Can Say, Esther, Cindy Frank Treasure, Melody Samantha 0 859 859 Cemetery Lot Monument Svcs Companion volts in West Haven East worth $5k, sell for $2,500. 602-268-7440 Double Plot at Saint Francis Cemetery.

Concrete vaults, concrete marker and inscription, valued at $5800 will take $4000 obo. 623-776-2683. Green Acres Memorial Garden. Spaces 1 2, Lot 566, Garden of Love. $5000 ea 623-972-4722 Phx Mem.

Park, 2 plots, 2 vaults, Garden of Mem. Value $4800, sell $3500 928-532-1160 THE ARIZONA REPUBLIC azcentral.com Place your obit in The Arizona Republic and remember your loved one on azcentral.com. For info. visit azcentral.com or call (602) 444-8774..