“There is this blackout in between what happened,” Parker said of Dale Bagshaw’s failure to recall the fatal incident.
During cross examination, Mull pushed Parker to recognize that Dale Bagshaw could be claiming that he doesn’t remember the incident out of self-preservation.
“That seems unlikely to me,” the doctor responded. “It troubles him that he can’t remember what happened. I am not sure it is possible for him to remember.”
After McCall closed his argument, presiding Judge Vicki Carmichael called the first of two mental health professionals, appointed by the state, to testify.
Dr. Heather Henderson-Galligan, a psychologist who practices in Jeffersonville and Louisville, countered Parker’s findings that Bagshaw is suffering from amnesia.
“Mr. Bagshaw’s cognitive and mental states are intact,” she said from the witness stand, adding that she believes, from her evaluation in December 2011, that Bagshaw can recall what transpired in the vehicle when Kelly Bagshaw was stabbed nearly 60 times to death.
The second court-appointed mental health professional was expected to testify Wednesday morning before closing arguments begin.
Mull said the differing mental health evaluations make little difference in this case.
“What the defense has to prove by preponderance of the evidence is that he was not responsible by reason of insanity,” Mull said. “None of the experts have said that. Even the [psychiatrist hired by the defense] says: I can’t say he was insane at the time.”
Mull gave some insight as to what the jury will face following the final deliberation.
“They will be given a option of [finding Bagshaw] not responsible by reason of insanity; and they will be given the option to convict of murder and guilty on murder, but mentally ill,” he said.
He added that a conviction of guilty of murder while mentally ill is essentially the equal to a murder conviction, but with mandates of additional treatment while in prison.