8 âk-t l hi 'J- r f k 'k'' è'l - 1' 1*:1lIJIClTED STA'IES DISTRICT COURT , r r E .

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F0R '.I'EJE DISTRICT OF ISIEVADA :

United States of Auerica,Plaintîfr-Respondent

Cr. 76-88

Phillip Craig Carredo,Defendent-Petitioner

MOTIOH UIOER RIJkll 75 RLIJUESOF CRIMIIQk.L PRODEDUX , TI'I'LE 18 IJSC .

Defendant - Petitioner allcges as follows:

The Defendant-petitioner will hereinafter be referred to as the

Petitioner in bis motion to reduee sentenee.

The Petitioner Phillip Craig Carredo is restrained oc his liberty

by Plaintirf-llespondent, the Vnited States Government and their agents,

the àttorney General and the Waryven of the U.S. Benitentiary, Leavenuorth,

Kansas, in violation of Section 1201, Title 18 USC (l) Interstate kidnapping).

The Defendaut-petitioner was convicted by a Jury after a verdict of Guilty,

February 1977. On l'fareh ll, 1977, gefendant-petitioner usws senteneed to

imprisoNûent for fifty (50) years.

2. The Cause of Pretense of such restraint by Plaintiffs is Judgment

of tbe United States District Court for the Distriet of Nevada, the Honorable

Bruce R. Thompson, Judge.

3. lt the time of the crime the Petitioner was sufrering from the

effect of marijuana ancl a drug known as L.S.D. whieh caused Petitioner to

withdraw realityy which caused the lacked substantial capacity to cord'orm

his conduct to the requirement of the law. SEE: pp. 2389 2399 2i0; 2419

2429 243 of Trial Transcript.

4. After Petitioner vas committed to the United States Penitentiary,

Leavenuorth, Kansas, he has been seeing Dr. John B. Kiehlbauch of the

Mental Health Division.

5. The Petitioner has finished high school and prepnred for colle ge.

He has been working at the carpenter shop with desire to learn the carpen-

try trade. This trsining will last folr years.

summer Petitioner starts college after this training the four

ye ars in drafting and carpentry. Petitioner plans on a tuo year computer

course.

7. The Petitioner's long sentence denyls Petitioner from certain

tralning and rehabilitation. It is the Petitioner uho has set his

goal to rerorm his old waz and live a new life on his own.

The Petitioner could becoms a very userul cittzen and be rehabili-

tated ir he could have his aentence reduced to twenty-five (25) years, which

would make him a parole date in eight (8) years, where he could be released

to the state of Nevada as an Educated Person and being a rehabilitated

person.

9 The li norable Cokvt can request a 'aopy oc all reports from Dr.@ O

Kiehlbauch and the Director of Education ai the United States Penitentiary,

Leavenworth, Kansas to be made a part oc the Proceedings.

CONCLUSIOIC

Wheref ore :

Petitioner prays the Honorablc Court requsst all progress reports from

the Wardeny Director of Education and Dr. Kiehlbauch before ruling on this

petition. The Enited States Pclnitentiary uill furniah these records upon

request. After reaélng these progress reporta that the Honorable Court reduce

his sentence to tuenty-five (25) yepcs

Respectfully submitted by,

< 'W .Subscribed and sworn to bef ore me this , '--day of - , 197:.

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1 à. '

2 Q. you in the course of qettinq ready

3 for your testimony today br. Gerow 's report and Dr.

4 And you know Dr. Gerow to bç a psychiatrist lika yoursel..

5 And you revtewed those reports?

6 < Yes, I did. . . .

1 ; Now, Dr. Gerow refers to a mixed sexual deviakiopz

8 Is that what we have been talking about here?

< z would aqree with that kernu am not famillar

with whether that exists in our manual or not.

; But you would ..j . z.

K That would be more descriptive than trying to

13 specify each.

14 g And you would concur with his chronic drug abuse--

15 < ves.

16 :. -- uiagnosis?

17 THE COURTI As long as we donlt know what Dr.. Gerow

had to say, your examination, z am sure. doesn 't mean any-

19 thing to anybody .

20 24a. vax HAZEL: am sorry , your lronor. I was trying

21 to see if I could pull the kerminology toqether here.

22 MR vaN HAZEL:

23 : zn your examination, you refer fo a term ''reality

24 zng,'' ani state it was seriously impalred during muchtest

25 that tixe . And that time, by t:e concept of the report,

Yes, it vould

Nowz I showed

ALLAN D. BU NNELLO F F 1 C; 1 A L R E P Q R T E R . U S D 1 ST R i C'F C C) $J R T

D I STR T CT LF N EV A DAR E N O . N E V A D A

O1 would seem to indicate he time that the crime occurred on

2 or around November 22n4-232d. Is that khen you are referrinq

3 to, first of all2

4 t No, I wasn't referring to that. That inclusiye,

5 I was referring to a period that was maay years; five or six

6 years.

7 ; And what does the tarm ''reality testing'' mean?

8 x It ts the function that allows us to discern what

9 às real in terms of actions, observe people, from what' isndt.

10 A In your professional opinioh, did Mr. Garrido have

11 some difficulty ln separating this sexual fantasy from.'. . .(( '

12 teality? '

73 A I think there are tvo different issues involved in

14 kerms of the degree of contrel or the degree of awarenesa of

15 Mr . Garrido and this type of behavior. One of the issues

16 involves the sexual aberrakion itself and the implications

17 of that in terms of how that determïnes or shapes 5is behavio ;

18 and then the other issue, of course, is the drug involvement

h19 and the prolonged or lasting effect of that. In some I

20 reapects I feel that khe question you are asking, or the

21 question that is being raised, is how do I vie? the effect

22 of his drug use in terns of his ability to conform his

l23 behavior with what the law demands.

24 My point of view on that is that I feel that he, and

25 many okher people in similar postttons, donft, or can't qet

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1 involved with certain z lal issues, such as the legal issue or. ''' ''

a the moral issue. Ik isn't a question of whether he is think-

3 ing or feelinq something is right or somethlnq is wrong. ' It

4 seems ko me that in most cases these people don't even raise

5 that question. That is not even a part of their behavior;

just as it isn't a part of the behavior if Gley are in the

private confines of their own bedrooé- and they are engaged in

8 aome type of sexual behavior.

One of the issues around reality testing would be the '

10 normal change in oneis tninking or onefs attitude when they

11 leave the bedroom .

12 Without thç-x.pflew/: of any of this' drug involvemente

13 I think ldr. Carrido would paqqq- kçYGre carryinq out sexual

14 fantaslesl-

15 G Well: are you ascribing the responsibility for Mr.

16 Garrido's act to his use of drugs?

17 ï Responsibility for his acts?

18 ; Lecause --

19 < I am describing his inability to use a reasonable

20 degrae of self-control or self-discipline when ik eomes to

21 doing things that ara clearly wrong, clearly illeqal and

22 clearly self-destructive.

23 Q. Well, surely , Doctor, everybody 'that takes drugs: . . ' ..

24 does not ço out and commit these type of offenses: do they?

25 1. I don ' t belieye thit tlïe Cruq , in thl.s c>se LSD ,/ ., c h

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l if that is the drug we tre talking about -- becauze I happan

y to feel the other drugs would have almost the same effect

3 I don'k think the drug is responsible for creating either the

obsession or the content or quality of the fantasy. really

don 't believe the drug did that. I think the drug permitted

6 it to floarish: so to skeakz and survive; and ultimately the

or the ef f acts of the druq, permitted it to get acted

8

Qt So you are sayinq that Mr . Garrido had this sexual

10 ' f antasy for reasons apart f rom the drugl the drug merely .

enabled him to detach himself furiher from --.

' r. ..1 -12

Fm . LUTFM: objection, your Honor. Counsel is testifyin O

13 and not asking khe questions.

T1ïE COURT) Objection sustained..

%'. ...-

BY MR. VAN HAZEL:

16 . ; What was the causakion of Mr. Garrtdo's sexual

17 fantasy?

< I think that would be too difficult to explain

19 in any short period of kime. But in any case I do not feel

20 that the drug caused the fanpasy... ... ... . - . 27*7 2t CLnrz:t L t. r'x-x mx .xuw.-.' .. . . .. . ..... . ...>w>. . .. . . gtte & ....... . a x

21 ; Now, Sçhen we talk about fantasy: Doctor, it sounds

like Disneyland: Pantasy World. Is it sonething stronger:

more vividz that you can yonvey to tlze jur: When you are

24 talking about fantasy? .'.

. . . x ' . : '

25 x yes. I think that is a poor choice of words on my

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ALLAN D. BU NNELL(7 F F 1 C 1 A L R EL PO R T E; q . U S C) 1 9 Y R I C T C O El R T

D I S.T R I CT O F N EVADAR EN O . N EV A DA

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1 mart. It would be much better to refer to it as a sexual,

2 ei ther preoccupation or obsession, because, among other

3 things, it is a very conplex ideation: it is somathing that

4 hes its way into a person's conscious thoughts, and inpus

5 this case into his actions. .

6 'one of the issues that I am trying to deal with ie what

1 did he have available to keep it in check . It seems t:o me

8 that that was vary lilftited.

9 k. kcas.z

10 x Bacause of the' drug .

11 t so we hava an impulse or an ofsession compounded

12 by drug use; is that it?

13 x cxactly .

; And the restraint that the rest of us would have

15 was impaired by the drug usage?

16 < I szink that is correct.

17 Doctor, in discussing this case with me. did you

18 use a term ''autistic,. a-u-t-i-s-t-i-c?

19 x yes, z aid.

20 G xow, z had to look up a definition, and I will ask

21 you whether you would agrae vith this definition *-

22 Ma. LvTry: objection. Just have the. witness dafine it.

23 zt is hïs term .

24 THE covRT: what?

25 MR LrTFv : z: it is the witness' term, vhy doesn 't he

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ALLAN D BU NNELL(7 F F I C k A L R EL P O R T E & . IJ S (7 1 ST R 1 C T C Ci U R T

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. define it instead of ecansel coming up with a definition.

2 THE COURT: All right, let him define it. You are tryin

3 to lead the wikness.

4 MR. VAN HAZEL ) I was Erying to usa Webster 's Dictionary

5 to keep it within the termœ of the jury.

6 BY AtR . VAN HAZEL :

7 p. Go aplead .

8 A. Well , the term gets used a number of dif f erent ways

9 in the profession . Thc way I used it, the meaninq I had

10 when I did use it, was that it is a phenomena that occurs

11 wherein a person's feelings are more redponsible for dekermin

12 ing their thoughts or their actions than their conscious

13 awareness cf the reality about them . '

Now ; Doctor , do you have an opinion on the issue Yf14 G15 of whekher the defendant lacked : as a result of mental diseas

6 or def ect: substantial capacity ei' ther ko appreciate the l117 wronqfulness of his conduet or to conform his conduct to the 118 requirements of the law?

19 t Yes, I do. I am fairly strong about the latter

20 part of that alternative. I think that the defendant did not

21 have adequate control to conform his behavior.

22 p. So it would be your professional opinion that he

23 lacked sabstantial capacity to conform his conduct to the( . .. . T . . .) :

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