Just hours before the final jurors could have been selected and opening arguments were to begin in the second-degree murder trial of Charles Anthony Maddox Jr., the Scott County Attorney's Office on Friday filed a pretrial appeal of Judge Jerome Abrams' decision to allow the defense to present expert testimony about acute stress disorder, which is the first stage of post traumatic stress disorder.
"The state's position is that the evidence that the defense was asking the judge to allow was, first, not relevant, and, second, the state considers it not allowable under Minnesota law," County Attorney Pat Ciliberto said.
Maddox has been charged in the death of his 45-year-old wife, Shakopee Valley News reporter Ruth Anne Maddox. He has pleaded not guilty.
Ruth Anne Maddox was formerly a staff writer with the Times-Union.
On Wednesday, Abrams ruled that the defense will be allowed to have a psychologist give "no opinion" testimony explaining post traumatic stress disorder to the jury with respect to a person's response following a traumatic experience.
Prosecuting attorney Neil Nelson argued the ruling, stating that the testimony could confuse a jury, as it goes to a diminished capacity argument that "may not be relevant" without a professional diagnosis of PTSD.
But Abrams stated such testimony is an "undecided issue" in the appellate courts; therefore, attorneys should plan for the expert testimony to be allowed.
"The state's position is that Judge Abrams allowing that evidence would not be correct under Minnesota law and would have a critical impact on the trial," Ciliberto said. "Thus, the state brought a pretrial appeal."
That expert testimony would have been limited to defining PTSD and explaining the symptoms that would be expected, Abrams said.
"It may go to the defense of intent," the judge said. "I'm not in a position under the blanket of rules that I can't let this in."
There have been numerous battered-women syndrome cases where this type of testimony was allowed to explain why people delay reporting an incident. In battered-women cases this is allowed so a jury can hear what may be called inexplicable conduct, Abrams said.
