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Case 3:16-cr-0040-WHA
Doc 90-1

United States of America
Yevgeniv Aleksandrovich Nikulin

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

Because Russian is Nikulin's 1st lang,
a culturally approp test given:
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
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.
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.
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
🏵️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.
Oh dear.

"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.
Over at least 11 months,
no medical health provider
saw any psychotic symptoms,
which Nikulin denied having.

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.
"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.
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.
Dr. Johnson back 2 def's

"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."

"Were u aware defendant suffered
substantial physical trauma 2 brain
at age 22?"

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."
"U R aware defendant's brother committed suicide in 2018?"

Dr. Johnson:
"He told me his brother committed suicide in May 2016."

"I'm sorry, 2016. Yes."

Trip. Fall. Fail. Repeat.
"[Suicide] would generally B *traumatic event?"

"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.
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."
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.
Onto Mr. Grasso
questioning his
defense *expert,

Dr. Alexander Grinberg.
Grasso directs 2 Grinberg:
"Is there a reason u didn't conduct
the MMPI-2 test?

"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?"

Dr. Grinberg Milieus

this sums up defense witness's

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)

"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.
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.🤦‍♂️

So R u saying u didn't see hospital records
or R u saying u don't remember seeing them?"



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.
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 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."

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.
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."

Honorable William H. Alsup
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.

"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.

@threadreaderapp please
unroll this thread 4 me, please.

Nikulin's counsel
is prolly more cray than he is.

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