Art on Trial by David Gussak

Author:David Gussak
Language: eng
Format: epub
Publisher: Columbia University Press
Published: 2013-04-05T16:00:00+00:00

WILLIAMS: I feel like we’re getting a semester’s worth of education in about two hours.

GUSSAK: Don’t tell my students. They’ll demand their money back. (Laughter)

The defense counsel seemed to have an honest sense of respect for and camaraderie with Williams, discussing the case and various issues with professional courtesy. When Kevin Ward was brought in, Williams and the court reporter greeted him with civility and maintained a brief interchange of small talk. When I left the room with Williams and the court reporter for a few minutes while Ward conferred with his counsel, Williams gave no indication that he was inconvenienced, and the three of us had a pleasant conversation. I realized that while the opposing attorneys may be seen as professional “adversaries,” they merely had a job to do. It would be in their best interests to remain emotionally detached, courteous, and civil—in a word, professional.

I also was aware that this would be the first time Ward would hear some of my conclusions about his mental health status. Although I tried to prepare him for the nature of my testimony, I knew that he would still be surprised. I had been taught that when documenting information about clients, therapists should always assume that they will eventually read what was written. Therefore, the data should be presented in a professional and objective fashion, and the conclusions should be clearly stated, with the supporting evidence reiterated to justify the assessment. I went into the deposition with the same intent; I knew that Ward would be present. Therefore, I would have to offer my remarks in the most objective, comprehensive, and respectful way possible. I believe that I succeeded, presenting all the conclusions with distinct indicators and supporting information in order to eliminate any semblance of magical thinking and opinion. Regardless, Ward was not happy. He expected me to describe him as an incredible artist and use his art to justify his good intentions and otherworldly rationale; he heard me use his art to underscore that he had a mental illness. During the proceedings, he apparently wanted his attorneys to raise many objections. He also wanted the opportunity to speak and was frustrated that he was not allowed to do so.

Although it did not meet the defendant’s expectations, my job was to present as objective an argument as I could to support my conclusion that Ward had a mental illness, not to consider his feelings. My duty was to be as unbiased and direct as possible; it was Ward’s defense team’s responsibility to reassure him that this was in his best interest and allow the testimony to continue as intended, with no formal objection.

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