Whitlow testified that he reviewed multiple types of images of Brockman’s brain, including MRI and PET scans, as part of his work on the case. Taken together, the images indicate a pattern that Whitlow testified he would expect to see in an Alzheimer’s patient, and also raise concerns about dementia. The scans suggest that Brockman likely has an “aggressive, progressive” degenerative illness that points to both Parkinson’s disease and Alzheimer’s disease.
During their cross-examination, prosecutors questioned Guilmette about why his reports did not refer to evidence such as depositions and speeches Brockman gave in 2019 — depositions in which prosecutors say Brockman was able to recall past events and speak about complex topics. Guilmette testified that those examples happened two years before he evaluated Brockman, and that he had been able to draw on long-term knowledge of the topics during the depositions — a performance Brockman could “absolutely not” deliver today.
Prosecutors also asked Whitlow if his opinion would change if he learned that Brockman was faking his impairment on cognitive testing and with his doctors. Whitlow testified that it could, but only to the effect of “here is a patient with dementia who is malingering.”
“If we’re talking about my opinion of the objective imaging data itself, I would still be concerned about that patient, that they would fall into a category of dementia that’s more than early or mild,” Whitlow testified.
Dr. Park Dietz, an expert witness for prosecutors, testified on Friday, Nov. 19, that the only conclusion he can draw after reviewing multiple sources of evidence “is that he’s exaggerating the extent of his impairment.”
Dietz testified that Brockman’s cognitive functioning appears differently depending on the context — from “clearly competent and highly functional” in real-world activities, to “a story of progressive impairment and deterioration” as told to doctors.
“It remains my opinion, as expressed in my most recent report, that Mr. Brockman is competent to stand trial,” Dietz testified.
