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Case 3:16-cr-0040-WHA
Doc 90-1
United States of America
v.
Yevgeniv Aleksandrovich Nikulin
4-30-19
Transcript
Evidentiary Hearing
on issue of
mental competency
United States calls their witness/expert
Dr. Lesli Johnson, psychologist
Dr. explains evaluation process
Doc 90-1
United States of America
v.
Yevgeniv Aleksandrovich Nikulin
4-30-19
Transcript
Evidentiary Hearing
on issue of
mental competency
United States calls their witness/expert
Dr. Lesli Johnson, psychologist
Dr. explains evaluation process
What did Dr. Johnson take into consideration?
Observing inmates behavior
w psych dept + staff
upon arrival at MDC.
Medical Records
Speak w prosecuting
+ defense attorneys
Phone conversations @ facility
Emails to/from defendant while @ facility
Meet w defend
Background
Observing inmates behavior
w psych dept + staff
upon arrival at MDC.
Medical Records
Speak w prosecuting
+ defense attorneys
Phone conversations @ facility
Emails to/from defendant while @ facility
Meet w defend
Background
Because Russian is Nikulin's 1st lang,
a culturally approp test given:
CTONI
Looks at nonverbal intelligence:
analogies, categories + sequences
Socratic questioning:
*What does *that mean.
a culturally approp test given:
CTONI
Looks at nonverbal intelligence:
analogies, categories + sequences
Socratic questioning:
*What does *that mean.
Dr. Johnson reviewed
a pretty fat file.
Review govt discovery
(incl translated material)
Reviewed recorded calls
while at Santa Rita jail
Only received ltr | declaration
from Czech Republic
Reviewed info from staff at MDC
a pretty fat file.
Review govt discovery
(incl translated material)
Reviewed recorded calls
while at Santa Rita jail
Only received ltr | declaration
from Czech Republic
Reviewed info from staff at MDC
When Nikulin arrived MDC
it was deemed appropriate
4 him 2 B housed in general pop.📌
w/ about 120 inmates.
Had a cellmate.
Officers indicated appropriate
behavior by Nikulin
while in general pop.
Noted Santa Rita calls w
mom, stepdad, girlfriend at the time.
MDC emails.
it was deemed appropriate
4 him 2 B housed in general pop.📌
w/ about 120 inmates.
Had a cellmate.
Officers indicated appropriate
behavior by Nikulin
while in general pop.
Noted Santa Rita calls w
mom, stepdad, girlfriend at the time.
MDC emails.
Doctor Evaluation Time
Housed in General Population is important👈
other inmates intolerant of others
who R *different, *difficult or *mentally ill.
At no point did another inmate have a problem.
Nikulin denied delusions + hallucinations
or seeing or hearing things not there.
Housed in General Population is important👈
other inmates intolerant of others
who R *different, *difficult or *mentally ill.
At no point did another inmate have a problem.
Nikulin denied delusions + hallucinations
or seeing or hearing things not there.
Eventhough resistant at times,
Nikulin still cooperated +
provided necessary information
2 conduct evaluation.
🏵️Narcissistic Personality🏵️
Sense of entitlement
Low sensitivity 2 others
Interpersonally exploitative
Believe they R *Special
Want 2 surround
w other *top people
Nikulin still cooperated +
provided necessary information
2 conduct evaluation.
🏵️Narcissistic Personality🏵️
Sense of entitlement
Low sensitivity 2 others
Interpersonally exploitative
Believe they R *Special
Want 2 surround
w other *top people
Nikulin
🏵️Narcissistic Personality🏵️
Tend 2 fantasize about:
unlimited success,
unlimited power,
the best love +
often think that other people are jealous of them as well.
🏵️Narcissistic Personality🏵️
Tend 2 fantasize about:
unlimited success,
unlimited power,
the best love +
often think that other people are jealous of them as well.
Nikulin appeared 2 B
able 2 understand nature + consequences
of proceedings against him.
While difficult, Nikulin ultimately able 2
adequately aid + assist in his defense.
able 2 understand nature + consequences
of proceedings against him.
While difficult, Nikulin ultimately able 2
adequately aid + assist in his defense.
Oh dear.
Nikulin:
"I'm always capable of
participating in conversations,
but depending on the situation,
the ambience + the people."
Dr. Johnson brings up defense expert's report.
[and it only gets worse for them]
Did not agree w diagnosis a PTSD diagnosis.
Nikulin:
"I'm always capable of
participating in conversations,
but depending on the situation,
the ambience + the people."
Dr. Johnson brings up defense expert's report.
[and it only gets worse for them]
Did not agree w diagnosis a PTSD diagnosis.
Doesn't have PTSD.
Reports were based on
stories by defendant's mother!
He did not appear 2 B responding 2 internal stimuli.
He maintained hygiene + orderly cell.
He functioned well in gen pop.
Did not exhibit any delusions.
Communicated in clear goal-directed logical manner.
Reports were based on
stories by defendant's mother!
He did not appear 2 B responding 2 internal stimuli.
He maintained hygiene + orderly cell.
He functioned well in gen pop.
Did not exhibit any delusions.
Communicated in clear goal-directed logical manner.
Over at least 11 months,
no medical health provider
saw any psychotic symptoms,
which Nikulin denied having.
[mother]
No dissociation while at MDC.
Does not have Ganser Syndrome
where individual knowingly makes up
physical + psych symptoms
when there is not a secondary gain.
no medical health provider
saw any psychotic symptoms,
which Nikulin denied having.
[mother]
No dissociation while at MDC.
Does not have Ganser Syndrome
where individual knowingly makes up
physical + psych symptoms
when there is not a secondary gain.
Let Cross Examination Begin!
😎
Nikulin does not have bright bulbs
as defense lawyers.
Never good 2 start cross
by demeaning prosecutor's expert.
"Can u just explain what the difference is
btw psychologist + psychiatrist at the outset??
Mr. Grasso.
Trip. Fall. Fail. Repeat.
😎
Nikulin does not have bright bulbs
as defense lawyers.
Never good 2 start cross
by demeaning prosecutor's expert.
"Can u just explain what the difference is
btw psychologist + psychiatrist at the outset??
Mr. Grasso.
Trip. Fall. Fail. Repeat.
"I don't think u need 2 know about
every specific medical issue
2 B able 2 appropriately diagnose
based on observable +
reported symptoms.
📌That's what you look at.
every specific medical issue
2 B able 2 appropriately diagnose
based on observable +
reported symptoms.
📌That's what you look at.
Dr. Grinzberg is just sloppy.
Not even sure he speaks
English as his 1st language?📌
Dr. Johnson points out
what a hot mess
Dr. Grinzberg is.
"Statistically the numbers
don't really now mean anything
+ R invalid,"
due 2 Grinberg translating
N2 Russian
a test w a US norm.
Not even sure he speaks
English as his 1st language?📌
Dr. Johnson points out
what a hot mess
Dr. Grinzberg is.
"Statistically the numbers
don't really now mean anything
+ R invalid,"
due 2 Grinberg translating
N2 Russian
a test w a US norm.
Dr. Johnson back 2 def's
cross:
"U asked earlier about
difference btw
psychiatrists + psychologist,
is psychiatrists R not trained in
psychological assessments.
It's not a course they take."
😎
cross:
"U asked earlier about
difference btw
psychiatrists + psychologist,
is psychiatrists R not trained in
psychological assessments.
It's not a course they take."
😎
She conts in
reference 2
*Dr. Grinberg's findings:
"What should have maybe happened
is that he spoke qualitatively
about the symptoms that
he learned about from these tests."
Grasso:
"Were u aware defendant suffered
substantial physical trauma 2 brain
at age 22?"
"No"
reference 2
*Dr. Grinberg's findings:
"What should have maybe happened
is that he spoke qualitatively
about the symptoms that
he learned about from these tests."
Grasso:
"Were u aware defendant suffered
substantial physical trauma 2 brain
at age 22?"
"No"
Grasso continues:
"Were u aware defendant
didn't start speaking until age 6?"
Dr. Johnson:
"He indicated 2 me he
started school a yr late due 2
difficulty pronouncing Rs.
But as far as not speaking
until age six,
he did not report that 2 me."
"Were u aware defendant
didn't start speaking until age 6?"
Dr. Johnson:
"He indicated 2 me he
started school a yr late due 2
difficulty pronouncing Rs.
But as far as not speaking
until age six,
he did not report that 2 me."
Defense:
"U R aware defendant's brother committed suicide in 2018?"
Dr. Johnson:
"He told me his brother committed suicide in May 2016."
D:
"I'm sorry, 2016. Yes."
Trip. Fall. Fail. Repeat.
"U R aware defendant's brother committed suicide in 2018?"
Dr. Johnson:
"He told me his brother committed suicide in May 2016."
D:
"I'm sorry, 2016. Yes."
Trip. Fall. Fail. Repeat.
D:
"[Suicide] would generally B *traumatic event?"
J:
"PTSD typically talks about trauma
in which individual,
their own life,
is at imminent risk
or 👈
somebody else's life
is at imminent risk
that they witnessed.👁️
Criteria in DSM-5 indicates."
"He didn't witness suicide."
"[Suicide] would generally B *traumatic event?"
J:
"PTSD typically talks about trauma
in which individual,
their own life,
is at imminent risk
or 👈
somebody else's life
is at imminent risk
that they witnessed.👁️
Criteria in DSM-5 indicates."
"He didn't witness suicide."
More background:
Mother w history of depression.
Father's violent outburst +
*probable multiple personalality issues?
More debate on PTSD continues
as doctor pnts out even if trauma
at early age,
hard 2 bring 2 present tense.
It is about here + now.
Is Nikulin exhibiting? No.
Mother w history of depression.
Father's violent outburst +
*probable multiple personalality issues?
More debate on PTSD continues
as doctor pnts out even if trauma
at early age,
hard 2 bring 2 present tense.
It is about here + now.
Is Nikulin exhibiting? No.
Grinberg's rpt
*seems 2 reflect
many different traumas
on many diff levels thru-out his life.
Dr J.:
"Defendant did not report
any of these symptoms."
*seems 2 reflect
many different traumas
on many diff levels thru-out his life.
Dr J.:
"Defendant did not report
any of these symptoms."
bc Grasso + Grinberg
Trip. Fall. Fail. Repeat.
skipping ahead
as this tranny 117 pgs
Doc Pg 57
Judge questions Dr. J.:
"Do u have info from defendant
as 2 what he was doing in Prague?
Was he w girlfriend?"
Prosecution witness steps down.
Trip. Fall. Fail. Repeat.
skipping ahead
as this tranny 117 pgs
Doc Pg 57
Judge questions Dr. J.:
"Do u have info from defendant
as 2 what he was doing in Prague?
Was he w girlfriend?"
Prosecution witness steps down.
Onto Mr. Grasso
questioning his
defense *expert,
Dr. Alexander Grinberg.
questioning his
defense *expert,
Dr. Alexander Grinberg.
Grasso directs 2 Grinberg:
"Is there a reason u didn't conduct
the MMPI-2 test?
Grinberg:
"I'm a psychaitrist +
usually we refer patients 2
psychologists 2 conduct testing
bc we R not trained 2 conduct this complex testing."
"Is there a reason u didn't conduct
the MMPI-2 test?
Grinberg:
"I'm a psychaitrist +
usually we refer patients 2
psychologists 2 conduct testing
bc we R not trained 2 conduct this complex testing."
Judge acknowledges
defense's conclusion
of not being competent
2 stand trial.
[No surprise 2 any1]
"I've got this long thing from u,
but it just goes on + on.
Tell me what ur main pts R as to Y he's
incompetent 2 stand trial?"
🤣🤣🤦♂️
defense's conclusion
of not being competent
2 stand trial.
[No surprise 2 any1]
"I've got this long thing from u,
but it just goes on + on.
Tell me what ur main pts R as to Y he's
incompetent 2 stand trial?"
🤣🤣🤦♂️
Dr. Grinberg Milieus
And,
this sums up defense witness's
conclusion.
TY.
🤣
And,
this sums up defense witness's
conclusion.
TY.
🤣
Judge questions
Dr. Grinberg:
"How many Xs
did defense counsel
go 2 Santa Rita or LA jail
2 physically meet w defendant?"
Grasso responds:
"Believe 1 or another atty
from my office
has met w Nikulin
at least 4/5 Xs."
(in 1 yr)
Judge:
"Maybe that's Y he's frustrated."
😱
Dr. Grinberg:
"How many Xs
did defense counsel
go 2 Santa Rita or LA jail
2 physically meet w defendant?"
Grasso responds:
"Believe 1 or another atty
from my office
has met w Nikulin
at least 4/5 Xs."
(in 1 yr)
Judge:
"Maybe that's Y he's frustrated."
😱
Defense clarification:
Atty from Grasso's office
has met w Nikulin
at least 7 times,
not incl Xs in court.
Dozens of phone calls.
Nikulin feels he is "part of
some ridiculous nonsense."
Defenses examination of
their *expert witness, Dr. Grinberg
Trip. Fall. Fail. Repeat.
Atty from Grasso's office
has met w Nikulin
at least 7 times,
not incl Xs in court.
Dozens of phone calls.
Nikulin feels he is "part of
some ridiculous nonsense."
Defenses examination of
their *expert witness, Dr. Grinberg
Trip. Fall. Fail. Repeat.
Govt atty Parella
steps in 2 cross
Dr. Grinberg.
RE: Speech Delay.
Source from Mother + School
Notes Dr. Grinberg
statement in rpt,
"direct cause of speech delay
was father throwing Nikulin on ground."
Dr. Grinberg mentions
Car Accident causes,
but no reports as 2 proof.🤦♂️
steps in 2 cross
Dr. Grinberg.
RE: Speech Delay.
Source from Mother + School
Notes Dr. Grinberg
statement in rpt,
"direct cause of speech delay
was father throwing Nikulin on ground."
Dr. Grinberg mentions
Car Accident causes,
but no reports as 2 proof.🤦♂️
LOLZ
Parella:
So R u saying u didn't see hospital records
or R u saying u don't remember seeing them?"
OBJECTION!🤣
Orerruled.
Dr. Grinberg answers the questions.
[Like all Russians making up stories,
this is par 4 the course.
Tall tales by mother, Doctor + attorney]
Parella:
So R u saying u didn't see hospital records
or R u saying u don't remember seeing them?"
OBJECTION!🤣
Orerruled.
Dr. Grinberg answers the questions.
[Like all Russians making up stories,
this is par 4 the course.
Tall tales by mother, Doctor + attorney]
Nikulin's mom + stepfather
R a hot mess.
Very Russian in amt of drama
w/in the household. 🤣
Fabrication Centrale!
Read thru this sh¡t.
R a hot mess.
Very Russian in amt of drama
w/in the household. 🤣
Fabrication Centrale!
Read thru this sh¡t.
Trip. Fall. Fail. Repeat.
Nikulin's *expert witness 4 his defense
is all over the map.
Says a lot,
but w/out any confirmation nor proof.
Nikulin's *expert witness 4 his defense
is all over the map.
Says a lot,
but w/out any confirmation nor proof.
Nikulin's defense
has shown no proof
of what Dr. Grinberg *reports.
Parella just clobbers defense.
"Abilities Relevant 2 Competence 2 Stand Trial"
"Defendant understanding of what charges R called.
He has been able 2 say he's accused of
breaking N2 someone's computer."
has shown no proof
of what Dr. Grinberg *reports.
Parella just clobbers defense.
"Abilities Relevant 2 Competence 2 Stand Trial"
"Defendant understanding of what charges R called.
He has been able 2 say he's accused of
breaking N2 someone's computer."
DSM-5
PTSD
Nowhere in Grinberg rpt
notes recurrent voluntary +
intrusive distressing memories
of these traumatic events.
"My understanding of his psychodynamic
was he experienced so many traumas + traumatization,
he tries 2 ignore these thoughts + hide them.
🤦♂️
PTSD
Nowhere in Grinberg rpt
notes recurrent voluntary +
intrusive distressing memories
of these traumatic events.
"My understanding of his psychodynamic
was he experienced so many traumas + traumatization,
he tries 2 ignore these thoughts + hide them.
🤦♂️
DSM-5
Parella notes
nowhere in Dr. Grinberg's rpt
does Grinberg state Nikulin
lives in unreal world,
or dream-like, distant or distorted.
🔥"So, Dr., ur actually,
as a result of stipulated settlement w CA Med Brd,
ur Physicians + Surgeons Certificate was revoked."
OBJECTION!
Parella notes
nowhere in Dr. Grinberg's rpt
does Grinberg state Nikulin
lives in unreal world,
or dream-like, distant or distorted.
🔥"So, Dr., ur actually,
as a result of stipulated settlement w CA Med Brd,
ur Physicians + Surgeons Certificate was revoked."
OBJECTION!
Honorable William H. Alsup
sets another court date
4 the Nikulin trial.
6-11-2019, 2pm
Put it in ur calendars!
Thx @RubyWorms ! <3
sets another court date
4 the Nikulin trial.
6-11-2019, 2pm
Put it in ur calendars!
Thx @RubyWorms ! <3
Honorable William H. Alsup
has a few parting thoughts.
Encourages defense attorneys meet
w Nikulin more frequently.
7Xs in 1 yr not productive.
Alsup:
"Get on an airplane in Brooklyn.
Fly across all those square states +
land in our state + go see him in person."
has a few parting thoughts.
Encourages defense attorneys meet
w Nikulin more frequently.
7Xs in 1 yr not productive.
Alsup:
"Get on an airplane in Brooklyn.
Fly across all those square states +
land in our state + go see him in person."
Take away:
Nikulin is more than
mentally capable 2 stand trial.
He's just a nar·cis·sis·t.
[and a diqq]
Living in general population
in a prison w/out being fuqqed w
is a huge factor.
Inmates really don't like cray.
Usually beat the crap out of the crays.
*Fact
/end
Nikulin is more than
mentally capable 2 stand trial.
He's just a nar·cis·sis·t.
[and a diqq]
Living in general population
in a prison w/out being fuqqed w
is a huge factor.
Inmates really don't like cray.
Usually beat the crap out of the crays.
*Fact
/end
@threadreaderapp please
unroll this thread 4 me, please.
Nikulin's counsel
is prolly more cray than he is.
🤣🤣🤣😱
unroll this thread 4 me, please.
Nikulin's counsel
is prolly more cray than he is.
🤣🤣🤣😱
