Florida, F-G, 1902-1986

Before me, the undersigned authority, this day
personally appeared LAWRENCE HOLMES who, being first duly
sworn, deposes and says:

1. I have known David Funchess all of my life.
We grew up in the same neighborhood. He lived around the
corner from me. I would see him every day. We went to the
same elementary and high schools and we graduated together.
My brother Leonard and David and I were a group. We did most
things together. David could even go to my girlfriend's house
when I wasn't there - that's how much I trusted him. He was
my best friend.

2. David's heart waS unique. He was so easy-
going. He would take anything and not react violently. I
remember one time in particular. David's father had let us
use his car and we were supposed to pick up his father after
work. We were a few minutes late. It was less than five minutes
late. When his father saw us, he started to hit on David with
his fists like David was a grown man. He slapped David and
really hurt him hard with his fists. It still cuts right
through me remembering how it was. David did not react at
all. He didn't shed a tear or talk back or move at all. He
just stood there while his father hit him. I will never forget
that. You would have to have been there to have believed it.
It tears me deep even today to remember that. He just stood

there and let his father hit him like that. That's the kind

Psychological Report

David L.

Funchess

3 May 1982

Nature of Examination

This report is based on data from the following sources:

A.

B.

mOoO.N

A four hour clinical interview conducted on 2/19/82.
Minnesota Multiphasic Personality Inventory (MMP1).
Interpersonal Diagnois of Personality (ICL).
Thematic Aperception Test (TAT).

Buss — Burkee Guilt Hostility Scale.

Catastrophic Stress Scale.

Impact of Event Scale.

Military Service Record.

Report of Family Interviews by Jacksonville Vet Center.

Collateral materials reviewed for this report include:

A.

B.

Psychological report by Dr. Faye Girsh, November, 1979.
Psychiatric report by Dr. Ernest Miller, April 24, 1975 and
August 20, 1979.

Pre-sentence report of May, 1975.

The original sentence by Judge Duncan, July 18, 1975.

The sentence of December 6, 1979.

Psychological Report
David L. Funchess
3 May 1982

Occasion for Report

In May, 1975, Mr. Funchess was convicted by a jury on two
accounts of first degree murder during the course of a robbery
occurring on December 16, 1974. The jury in the case recommended a
sentence of death which was affirmed by the presiding judge.
Reappeal resulted in a hearing in July, 1979, on mitigating circum-
stances. Following the hearing and review of the psychiatric reports,
the death sentence was reimposed on December 6, 1979. Further
appeals were exhausted in early 1982. A clemency hearing for
commutation of the death sentence is scheduled for May, 1982. This
report is prepared in connection with that appeal.

Previous psychiatric/psychological testimony centered on _ the
presence of a psychiatric disorder. While there was agreement on the
presence of a psychiatric disorder, there was disagreement as to its
exact nature. Dr. Ernest Miller, in two reports (1975, 1979) based on
a psychiatric evaluation and noting certain particulars of the
behavior of Mr. Funchess, diagnosed him as a sociopathic individual,
dangerous to society. Dr. Faye Girsh cited evidence inconsistent with
a sociopathic diagnosis but was unable to give a clear diagnostic
label to the specific behavior which she could identify only as a
vague mental disorder. She further concluded that Mr. Funchess was
not dangerous in his present condition.

New evidence concerning Mr. Funchess and new psychiatric data

not available at the time of earlier reports bear Significantly on the

P

sychological Report

David L. Funchess

a

)

May 1982

current circumstances and warrant further examination.

The intent of this assessment is to explore this new evidence
and to re-examine the psychological data and previous psychiatric
reports to determine if it significantly alters previous findings in a
way which warrants a new disposition for the case. Specifically, the
question is, does the new evidence challenge the arguement for a
sociopathic diagnosis and, if so, does it present rehabilitative
possibilities which significantly alter the bleak and pessimistic out-

look warranting imposition of the death penalty.

4

Psychological Report
David L. Funchess
3 May 1982

New Data

1. The American Psychiatric Assocation, in 1980, adopted a

revised Diagnostic and Statistical Manual of Mental Disorders

(DSM-I11). This revised psychiatric manual includes the newly
recognized category of Post Traumatic Stress Disorders
(309.81). This disorder is particularly prevalent among
survivors of catastrophe, especially combat.

2. The combat experience of Mr. Funchess has only recently been
suknowledged and recognized. The purpose of the _ present
examination, conducted by one of the authors of and experts
in this new category, was to assess the relevance of this
diagnosis and its recommended treatments to the mental
condition of Mr. Funchess and to the previous psycholog-
ical/psychiatric testimony.

3. Several of the associated features of Post Traumatic Stress
Disorder overlap with associated features of the diagnosis of

Sociopathic Personality (Antisocial Personality, 301.70).

academic setting during the last few
years of school may substitute for
this criterion in individuals who by
reason of their age or circumstances
have not had an opportunity to demon-
strate occupational adjustment)

(2) lack of ability to function as a
responsible parent as evidenced by one
or more of the following: (a) child's
malnutrition, (b) child's illness
resulting from lack of minimal hygiene
standards, (c) failure to obtain medi-
cal care for a seriously ill child,
(d) child's dependence on neighbors or
nonresident relatives for food or
shelter, (e) failure to arrange for a
caretaker for a child under six when
parent is away from home, (f) repeated
Squandering, on personal items, of
money required for household neces-—
sities

(3) failure to accept social norms
with respect to lawful behavior, as
indicated by any of the following:

repeated thefts, illegal occupation
(pimping, prostitution, fencing, sel-
ling drugs), multiple arrests, a

felony conviction

(4) inability to maintain enduring
attachment to a sexual partner as
indicated by two or more divorces
and/or separations (whether legallv
married or not), desertion of spouse,
promiscuity (ten or more sexual part-
ners within one year)

(5S) irrability and aggressiveness as
indicated by repeated physical fights
or assault (not required by one's job
or to defend someone or oneself),
including spouse or child beating

(6) failure to honor financial obli-
gations, aS indicated by repeated
defaulting on debts, failure to pro-
vide child support, failure to support
other dependents on a regular basis

(8) No evidence of pattern of con
(9) No evidence of recklessness
tern.

(7) failure to plan ahead, or impul-
Sivity, as indicated by traveling from
place to place without a prearranged
job or clear goal for the period of
travel or clear idea about when the
travel would terminate, or lack of a
fixed address for a month or more

(8) disregard for the truth as indi-
cated by repeated lying, use of

aliases, "conning" others for personal
profit
(9) recklessness, as_ indicated by
driving while intoxicated or recurrent
speeding
D. A pattern of continuous antisocial be- D. No. No evidence of anti-social be-
havior in which the rights of others are havior before age 21.

violated, with no intervening period of
at least five years without antisocial
behavior between age 15 and the present
time (except when the individual was
bedridden or confined in a hospital or
penal institution).

Antisocial behavior is not due to either E. No. Anit-social behavior is not due to
Severe Mental Retardation, Schizophrenia mental retardation, schizophrenia or
or manic episodes. mania.


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“

Honorable Gordan A. Duncan, Jr. Re: David L. Funchess.
August 20, 1979 te

the st ¥SSEs dfaThe walked down Abbott to Florida Avenue and the expressway.
He does | not_know where he met the women, but walked down Abbott Street and
‘Caught a bus where he went to meet them. They were driving up the side of
the street to the bar in their old Cadillac by the gas station and he told
them to park. They sat there and talked and he knew the bar would open at
8:30 that morning. They waited there and he told them that the garbage
was set out in the morning and that they could go in that way. He knew that
the receipts would be there for the week-end and they could go in and get
them and leave. He doesn't remember the coffee shop across the street, he
does remember Mr. McCloud at the counter and he was at the door. The smal-
lest. of the girls with him had a .22 pistol. He remembers stabbing McCiouc,
but does not recall conversations. He does not know if he got the money,
but states that he killed a man that came in. He knows that he saw Ms. Ann:,
and he jumped across the bar and saw the man, stabbing him, citing "I could
feel that quietness.'' He remembers looking at the door, got to the front,
walked out, got in the car and drove away. The next thing he recalls is
sorting out the money, cheating the girls to some extent, keeping more for
himself. To him it seemed like everything was speeded up. They were at the
second gir’'s home when they divided the money. He remembers leaving and
being downtown. He went to the barber shop on EastSide and then went to
East 21st Street to cousin Ester's house. Later on that evening, he got
some heroin and went to the corner of Duval and Madison, to a house there,
and used the heroin. He next recalls being in a Deluxe bar anda girl
coming by who wanted some heroin, and he told her to wait and that he woulc
get some. He was also drinking, feeling that he should leave and he did,
together with the girl, Shirley (a prostitute he had known). They walked
down Broad Street and they were told to get off the street, that there was
going to be some shooting. He went around to another club at Jefferson anc
Monroe, found a cab driver, who drove him to Ocala, for which he paid $60.
There he stayed .n a motel. He had hoped to stay with a relative there.
While there he states that he did no drugs, only beer, about a six-pack,
plus a couple of quarts of beer. He stayed with a girl, Chris, with whem
he has a platonic relationship, smoked some weed and tried some windowpane.

As to his feelings about the robbery and murders, this time he was feeling
as though he did not believe he had done it, but knowing that he had. He
felt impelled to tell somebody ‘that there is in his mind a fear of God, that
he needed to tell somebody, at the same time, that ne did not want to go to
jail. Retrospectively, he feels really sorry for that, it really hurts hic
to think about it, sometimes so badly that he wants to cry, but it does no
good. We talked, at that time, about his tendency that he has always had
to dam up his feelings and he related a period of abuse by his tather and
mother and the beatings with water hoses and iron cords that were admini Stersc
to him. When he was beaten, he felt like he deserved it at the time, but
that it was over-done. He remembers being locked in the garage one tine
with spiders as a punishment. He has always been emotionally suppressed ane
states that in his entire lifetime, he never heard from his parents "i love
you.'', nor was there any other such display. He regards emotional displays
as embarrassing. The patient _revealed,-during this time, that he was manu-

facturing information about the dyke, indicating that he_did this to test

EFRSITY HOSPITAL OF JACKSONVILLE

655 WEST EIGHTH “REET

JACKSONVILLE, FLO* DA 32209

TELEPHONE (964; 252.3272
MICHAEL J 4.390

Executive Direccc-

April 24, 1975

"15 APR 3U ANG 32

Honorable Gordon A. Duncan, Jr.
Circuit Judge

Duval County Courthouse
Jacksonville, Florida 32202

: Re: DAVID LIVINGSTON FUNCHESS
DOB: 3-16-47
CASE NO. 75-169 CF DIVISION: R

—

Dear Judge Dunacn:

Per your Order of April 18, 1975, the above named individual received psychiatric
evaluation by the undersigned. Mr. Funchess was interviewed in private, history
was obtained and neurologic and mental status examinations were performed. The
report which follows was derived from these expericnces and is now respectfully
submitted for your review:

THE PATIENT'S STATEMENT OF THE PROBLEM: '"'Two counts of first degree murder''. He
was arrested on February 6, 1975, in Ocala, Florida. The patient explains that

on December 16th he was going to see "Mr. Sammy'’, who was the manager of Avondale
Liquors. He went there, entered the bar, no one was there so he went to the back
where he saw someone's foot protruding apparently from behind the counter area. He
went to see what was wrong and saw a lady on the floor covered with blood and
another lady with a knife in her neck. He grabbed the knife and she passed out

and he panicked, fearing that someone might come in and think that he did it. He
then saw some money lying nearby and picked it up and left. He does not recall
what he did with the knife. He then went to a cousin's house, talked to him briefly
then went to a barber shop, where he got a shave. He then went to the west side of
town, had a drink then went back to Ashley Street where he got a fix of heroin. He
then returned to the bar. By that time it was evening. He saw some police driving
around the area and wondered if perhaps they were searching for him. He then went
to a cabby friend of his and asked him to arrange to take him to Ocala, which he did.
The patient lived in the Ocala and Weisdale area of Florida for the next two months,
living in various rooms, hotels and was ultimately picked up there and returned to

Jacksonville. He states he was not using drugs or alcohol at the time of the
alleged offense.

PAST HISTORY: He was born in Jacksonville, has high school education, completed
at Matthew Gilbert High School. He served in Army 1965-69, receiving an undesirable
discharge, mainly as a result of repeated unauthorized absences.

Psychiatric Treatment: He has been seen in the service twice and claims he was
hospitalized once. He is not sure of the reason. The other instance for evaluation

had to do with some brooding or concerns that he had over his relationship to his
father.

Honorable Gordon A. Duncan, Jr. Re: DAVID LIVINGSTON FUNCHESS
April 24, 1975 CASE NO. 75-169 CF pry. R

Medical History: He was wounded in the servicé, was shot also in March, 1973,
by a man who had attempted to rape his wife. He has had no other inedical-surgical
care.

Family History: He has three brothers, three sisters, He is the second in birth
order, There is no family history of psychiatric disorder, criminality or
alcoholism.

Social History: The patient was raised by his mother and stepfather. For years
he did not understand why his father did not seem to treat him on same level as

and then walk away. One evening he heard them discussing him and heard the father

demand of the mother that she tell all of the other children about the patient. This

she did, revealing then that their father was not David's real father. From that
point on the patient became more concerned with the identity of the father and
traveled about asking relatives and other Persons about who he might be. Apparently
the search rtever ended in fruition for him. His parents ultimately divorced about
five years ago. Growing up he had many friends. School work was Satisfactory
though he was suspended once.

Drug-Alcohol History: He smoked reefers prior to the Service. He began the use of
heroin after the service. He states he uses this drug to help the pain in his old

turned up missing and it was discovered that he had a record, whereupon they let him

go for the reason that he was unemployable at the bar’ because of this. ‘Longest
period of employment was one year,

Marital-Sexual History: He married in 1973 and has no children, , He
are separated but he hopes they will be able to reconcile. He’Ras no plans for
divorce. He admits to consorting with other women but states he has had an under-

standing with his wife that he would not have such relationships unless she approved

of the particular woman.

Criminal Record: He has been arrested on loitering charges and was convicted of
petty larceny, receiving six months maximum sentence.

He belongs to the Church of God. Hobbies and Recreations: He likes to play pool
and he enjoys chess. Future Plans: He wants to get back together with his wife
and start a family and settle down.

REVIEW OF SYSTEMS: He reports no problems in Sleeping. He has good appetite.

little man with a pointed hat who would answer all my questions", this occurring
when he was in a drowsy state. He has never had Seizures but has had one blackout
while drinking at a bar.

MENTAL STATUS EXAMINATION: Patient is a tall, huskily built negro youth who is
garrulous in manner and who shows good verbal associations. His thoughts progress
in a logical and consistent manner. He is not hallucinated and not delusional. He


Honorable Gordon A. Duncan, Jr. Res David L. Funchess
August 20, 1979

Mr. White commented on the interesting point that Mr. Funchess seemed to

appreciate that we were able to make himcry. I think he views this very
concretely and has probably seized upon that to prove to himself that he

does have empathy for other human beings, something which I do not think

he has.

Mr. Funchess, in my opinion, typifies the psychopathic personality, who
proceeds through life with a calloused, hedonistic and thoughtless mancver,
who does not learn. adequately from _expetience and who is not able to empa-
thize or feel for the pain which others. experience by the acts he directs
upon them. %

I feel that there is no need to continue further with the Amytal work. I
think that we have gotten as much as we can with this technique. Please

call me if you have any questions on the material herein.

incetrely,

<NY >
—S —
Ernest C. Miller, M.D.

ECM: kk

cc: State Attorney
Public Defender

CONCLUSIONS AND RECOMMENDATIONS

Vietnamese scientists and physicians have found exposure to Agent
Orange to be a tactor in the neaith proviems of the Vietnamese Ie-
niale population and in their omspring. ‘Lhe studies on the temale
population are not broken down into tne femaie civilian and the fe-
inale military veteran population. Littie or no work has been done
specifically on the veteran population, including the male veteran
population. There is much yet to be learned regarding the connection
between exposure to Agent Orange and subsequent health problems.
Thus, I make the following recomunendations:

1. There should be an international, non-political, scientific study
conducted in the living laboratory of Vietnam itself. If we are to
provide U.S. Vietnam veterans the answers they need regarding the
effects from Agent Orange exposure, I believe it is essential to con-
duct a study in Vietnam itself. Research must be conducted in Viet-
nam because it is a living laboratory that will provide a basis to re-
solve the Agent Orange question here in the United States. In addi-
tion, such a study in Pictnamn of the long-term effects from the her-
bicides and defoliants used in the war would assist, in a major way,
the studies being conducted in the United States.

The study must be an in-depth analysis of the effects of Agent
Orange exposure on U.S. servicewomen and servicemen who served
in Vietnam, as well as its effects on the Vietnamese population and
environment. It should also include analyses of soil core samples from
the affected areas; the effects on the food chain; and, the effects on
the offspring of those exposed.

There is no doubt as to the seriousness of purpose of the Vietnamese
scientists and doctors who have been studying the effects of Agent
Orange on its people and environment. Nevertheless, the Vietnamese
scientific community seems to lack the equipment and the resources
to adequately study the question of damage to health and environment
from Agent Orange.

It is essential that the research in Vietnam be cenducted by an vbjec-
tive, non-political, international team of scientists. Because of the past
war, scientists from the United States or from Vietnam would have
little credibility in conducting the studies; therefor representatives
of our nations should participate in the study as observers. In addi-
tion, the Veterans’ Administration should be on the front line, in
baneh with the latest happenings, and receptive to the research of
others.

Certain international agencies might be suitable to conduct such a
study—the Food and Agriculture Organization of the United Nations
(FAO), the United Nations Development Program (UNDP), the
United Nations Fnvironmental Procram (UNEP). the World Health
Organization (WHO), the World Lifetime Fund (WLF).

(9)

10

The important thing is to get the study started in Victnam while
the living laboratory is there, awaiting the essential investigation, and
before it is too late to help the men and women alive today who were
hurt by their exposure to Agent Orange.

2. The United States should smooth the way for the requisite study
in Vietnam which, I believe, will provide the basis for the resolution
to the fundamental question: “What are the effects of Agent Orange
exposure on the health of the veterans who served in that country froin
1961-73?”

3. There is a need right now to take care of our Vietnam veterans
with health problems. We must provide compensation and health care
now to these afflicted individuals, They cannot wait for results from
the recommended study in Vietnam or from studies in this country, all
of which, properly done, will take years to complete.

O

AFFIDAVIT OF ANDREW A. GRAHAM

COUNTY OF BREVARD )
bo eae
STATE OF FLORIDA )

Andrew A. Graham, having first been duly sworn, deposes and
says:

1. I am an attorney and a member of the bar of the State of
Florida. I am in private practice in Melbourne, Florida.

2. In 1982, Bill White of the Office of the Pulbic Defender
for the Fourth Judicial Circuit and Scharlette Holdman of the
Florida Clearinghouse on Criminal Justice made desperate efforts
to find an attorney who was willing to represent David Funchess
in post-conviction proceedings. After many unsuccessful tries,
they came to me, and I consented to serve as counsel if no one
else could be found. It was a mere eight days before Mr.
Funchess's scheduled execution.

3's I did not raise the claim that Mr. Funchess was
incompetent to stand trial at the time for two related reasons.

I believed that competency could not be raised in a motion under
Fla. R. Cr. P. 3.850, because it could have been raised on
appeal. As a result, I did not conduct any investigation of
David Funchess's mental condition at the time of trial, or of the
reliability of the pretrial competency determination. I now
realize that competency is an appropriate claim in a motion under

Rule 3.850, but I did not realize it at the time. The second

APPENDIX 23


4. People who are in the streets a lot like
we are would never go downtown to a white lawyer's office
and ask about somebody's case. Anybody should know that.
But if they had sent an investigator or somebody like that
to talk to us to find out what was going on with David and
we could have helped him, we would have been willing to do

that. We talked to these lawyers now and we would have back

a

' SOLOMON MOORE

then if we had been asked.

Sworn to and subscribed before me this W(o day of

Vossasat SOLES

CARY PUBLIC

April, 1986.

’ ~ 4 r
cee Pe
" Bont. ata of
fiotcry rabid, 2tsce G

5. We all know how David was before he went to Viet Nam
and about his drug habit when he came back, and I think the people who

did his trial should have known about that, too.

Sworn to and subscribed before me this /7 day of April, 1986.

) vA “oN

——- iA

a Gere _ (a See ty \

(

al

Notary Deets,
: Cun ete arg
My Ganiacace Eepes

“roy ram - insuiancs,

State of Florida :
Aare 25, 1989

7 inc.
Berded iste


Before me, the undersigned authority, this day personally
appeared RICHARD ROBERTSON, who being first duly sworn, deposes
and says:

1. My name is Richard Robertson. I was raised up with
David Funchess in Jacksonville, Florida. I lived near David
and we went to elementary school and high school together.

2. David was a quiet type person. He had a nice person-
ality. He didn't ever fight or go around in crowds. He was
a loner. He was by himself a lot.

3. It is still hard for me to believe David could have
done what they say he did. David would never mess with anyone
as far as harming anyone. After you've been with someone so
long, it's hard to believe. It had to be the drugs. Heroin
will mess with the mind.

4. None of David's lawyers ever contacted me or asked
me to talk about David with them. If anyone had asked re,

I would have talked and told them what I knew about David.

FURTHER AFFIANT SAYETH NOT.

A hd degen

RICHARD ROBERTSON

Sworn to and subscribed before me this (/ (day of April, 1986.

a, A —_
VAL LA and re fir. Luke
| =

NovaRY PUBLIC
 Watary Public.

caisgrsn Earves
My Comaiss waar ge Libel Baty MGe
ara Trey ve

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Stata on hot’

Cn Ba Gas
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Bouded !

Before me, the undersigned authority, this day personally appeared
MICHAEL ROBINSON who, being first duly sworn, deposes and says:

1. David Funchess is a friend of mine. I have known him
for many years. before David went to Viet Nam, he was very quiet and
easy-going. He did not hang out in the streets. He would take a drink
occasionally, but he never did drugs. After David came back fron Viet
Nam, it seemed like he kept everything inside. You could not get a
conversation out of him avout the war. we just wouldn't talk about it,
but anybody could tell it was affecting hia.

2. David came back fram Viet Nam with a drug habit. We used
to work laying bricks for Pokey Moss. David was a good bricklayer, but
he couldn't do anything without the drugs. He would have to get a fix
before he could even lay bricks. He was a real junkie and Viet Nam
did that to him.

3. What I am saying is coming direct from the heart. It
was really sad to see what happened to David. He was good people. He
always had kept himself up, but after awhile, he got really filthy and
nasty. His hair was long and uncambed like those Rastaman people.

4. The people in the streets who knew David could have told
anybody how his drug habit was affecting him, but nobody ever asked us.
There is no way we would have gone down to a lawyer's office on our own

without being asked. We just don't do things like that. But if anyone

had come to us with the okay fram David to talk, we would have told what

we knew. David, because of being high most of the time and being under
the pressure of his memories from Viet Nam, probably wouldn't have known
even what to tell the lawyer. I think they send out investigators to

do that kind of thing, find out information. But nobody ever came.


Psychological Report
David L. Funchess

3 May 1982

dissociation from troubling thoughts. At the same time, he indicates
the intense reflection he has embarked upon in prison over his
actions, their sources, his attempts to "get right with God" as the
only source of forgiveness, and _ his discovery that his mental
difficulties may be connected with his emotional control, which he now
feels he should do something about. He notes that he has found that
his meditation and poetry writing are not sufficient to help him. He
feels out of control when forced to recollect (as indicated in his letter
to me after our interview which is attached, Appendix C). Yet, when
urged, by the prison psychiatrist, to put it all behind him, he feels
overwhelmed by the constant intrusive recollections.

As noted above, the most prominent feature of our interview was
the demonstrated and_ reported efforts to control his emotion,
elaborated in his letter to me (Appendix C). Especially striking was
his description of the methods and mental gymnastics he used to avoid
angry responses to others, even to deny intense provocation.

I found Mr. Funchess straight forward and honest in his
responses, yet extremely guarded and controlled about the degree of
emotion evoked and the degree to which anyone could understand him
and his isolation. He was very eloquent and articulate about the
difficulty of anyone understanding anyone else. He cited the example
of a headache. If he were to mention a headache, one could relate to
him by inferring from his own past headaches. But, even if he

articulated in detail what the pain was like for him, one would be

= 92 -

Psychological Report
David L. Funchess
3 May 1982

concerns in stories generated in response to ambigthous card stimuli.
The TAT confirms Mr. Funchess' concern with control of emotion, guilt
over his actions and their impact on others. The test underscores his
concern with not being understood and the isolation he has felt. What

is striking is the lack of grim outcome, hopelessness and resignation

one would expect to find in one facing the death sentence. Mr.

Fuchess indicates the possibility of positive outcome and the resolution
of even a horrible past. Most hopeful is the possibility for
establishing intimate friendships and relationships.

Specific to Catastrophic Stress are the Impact of Event and
Catastrophic Stress Scale. As modified, they test for particular
patterns of symptoms specific to stress reactions as distinct from other
psychiatric disorders. In addition, they reveal particular styles of
adaption to stressful experience. Mr. Funchess' profile reveals a

—

pattern of intrusive thoughts, memory and cognitive difficulties as

well as a set of control indicators and warding off behaviors. In

coping, the profile indicates denial, emotional numbing, dissociation

Brrere mace

and substance abuse as _ being primaryCrather thay) aranoia,

displacement, or other transfer of blame mechanisms. There is little

data to suggest any attempts at address and resolution. This reaction

is consistent with an individual who_has returned ta an unsympath-

etic, unsupportive and non-understanding community and environment.
{

The Center for Policy Research Study we undertook revealed that those

veterans who returned to such environments suffered more severe

Pay ee

Psychological Report
David L. Funchess
3 May 1982

unable to experience exactly what it was like for him. He then

generalized to the difficulty he had communicating emotion.

Test Results and Conclusions

The central feature of a Post Traumatic Stress Disorder is a
traumatic episode or episodes which might be expected to produce
reactions in nearly everyone. Mr. Funchess has noted several of these
episodes. After particularly traumatic episodes, we expect to see a
dramatic turn in behavior. Despite his disclaimer, Mr. Fuchess
demonstrated a dramatic reversal of previous excellent behavior in the
Marine Corps and in combat. We find a psychiatric hospitalization for
a condition closely related to PTSD, and a. deterioration of
performance, accompanied by considerable confusion, resulting finally
in an undesirable discharge. After service since Vietnam, the family
notes and reports a dramatic change in Mr. Funchess and an isolation
and withdrawal. We find a deteriorting werk. history, drug and
alcohol abuse, a petty escalating criminal record and challenges to
authority. Then we note a marriage, its deterioration, a rape, a
shooting, all accompanied by an intensification of stress syndrome
Symptoms. Shortly thereafter is an offense which results in a

conviction and death sentence. Vietnam marked the beginning of that

a secre

downward slide.

In traumatic stress cases, the primary mechanism is a pattern

-_ os \ em —»
of frepetitive-intrusive thought \centered around one's actions and
a ay, rc ee —o

a 25a

Psychological Report
David L. Funchess
3 May 1982

episodes accompanied by a variety of attempts to control and_ limit

——

troubling thoughts and the emotion they arouse. Drug use, emotional

P=

numbness, control of Sleep, marital problems, clashes with authority

and subconscious attempts to evoke punishment are all typical of this

period.< We find them all amply demonstrated hy Me—fuchess >
But history and psychological dynamics are only one indication
of problems. Psychological test data give a more unbiased view.

The MMPI indicates an extremely elevated 7-2 profile with the

ahlyyty and depression scales most Prominent. Such a profile is
‘ease eto

indicative of an intrapsychic process rather than an extrapunitive

one. Such individuals are more prone to self doubt and = “self
eae

hata Sa than to blame and anger towards others. Psychopathic

behavior is rare. Of more concern to the individual are the troubling

thoughts and the attempts to defend against them in the maintainance

of sanity. The F-K index affirms a Struggle to "look good" and

downplay problems, but not to excuse oneself and blame others. The
a

intensity of the profile underscores the enormous effort required. In

addition, the overcontrol-undercontrol subscale confirms the significant

overcontrolled posture towards emotion and expressed anger. The

Buss-Durkee Guilt-Hostility C Scale provides further evidence. Mr.

Funchess scores significantly lower than either inmate or normal

populations on every index of anger and hostility, overt or comvert on

——~ty
the scale. Yet, he emerges /much higher than the norm for guilt) The
usphis f

TAT (Thematic neem ce Test) measures unconscious themes and

a OL

November 1, 1979
> Pavid Livitigston Funchess
page five

the murders a. Similar pattern emerges. ,«'I had. no idea whatsoever
of killing those people...I can only remember killing two people,
must have killed the third. I don't know if I had a knife or got
it there. I remember grabbing Ms. McCloud, not Ms. Anne - don't
remember stabbing her. Didn't hear no noise, not aware of anyone
around me. Not a dream but not real."

His perception and recollection of anger is out of the ordinary

and pervades much of his cognitive functioning. He "recalls situa-
tions where anger should have been" but does not feel anger. An
instance was after his arrest for the murders he recalls that his
friend Hays testified against him and that he telephoned him but
that the anger had gone away.

I administered the Monroe Dyscontrol Scale. Violent dyscontrol
acts have been found to be correlated with high scores on this
scale and occur in individuals whose behavior is highly dangerous.
This syndrome has been associated with central nervous system in-

Stability as reflected in abnormal EEG patterns or are found in

individuals who are classified as psychopaths in whom violent out-
bursts are considered a learned response. Funchess scored below
the mean for male prisoners. Interestingly, we discussed each
item after which I asked him to recall as many as he could. He
could recall five of the 18 (the average is about nine) and then
said he could not remember any more because they "all deal with
anger." He says he has a photographic memory and "can see some-
thing when I close my eyes but all these have to do with kill,
hurt, and smash..." He is an avid reader but cannot remember the
violent parts of books. He says he wants to remember everything
and does not selectively block out the violent parts but that it
just happens. When recalling Viet Nam he remembers his friend
getting killed and the shelling but says "It doesn't seem real,
like I: read it-in a book.”

In addition to these selective memory blocks he has also exper-
ienced losses of consciousness under conditions which seem without
a pattern. Although I,did not probe directly into the area of
loss of consciousness’,,memory losses, Funchess volunteered several
incidents in which this. occurred. He reports that he fell back-
wards at the dinner table "while eating peas,” another time while
in the Marines he "fell out,"and once ne passed out on the steps
of the Federal Reserve bank. I did not have time to follow uo
these incidents to determine the period of loss of consciousness,
precipitating events, or whether diagnosis and treatment had
occurred. Combined with, or even independent of tne above-men-
tioned selective memory losses, they may be indicative of an
organic disorder involving a neurological or metabolic impairment.
Whether that is the case and whether that has a rélationship to
his behavior on the night of the murders is problematic. It is
possible that the combination of psychological stress and the
ingestion of chemicals affecting the central nervous system could

November 1, 1979
RE: David Livingston Funchess
page three

the feelings and experiences associated with the situations he
described. I attribute these characteristics partially to the fact
that he has been very introspective during the four years he has
been on Death Row and has had little opportunity to discuss his
thoughts with anyone. The loose associations may also reflect cog-
nitive processes not firmly anchored in reality. His attorney had
found him cooperative but reticent and not eager to volunteer a
great deal of information.

He was clearly aware of who I was and had brought three poems that
he had composed several months earlier (see attached). He said he
wanted me to have them to explain some of the painful feelings he
has had. No martyrdom or obvious manipulativeness seemed to accom-
pany these statements. He conveyed the impression that he was ex-
pressing genuine feelings. He appeared to be in anguish about his
life generally and the crimes specifically. Although he expressed
fear about the outcome of the sentencing, he was more concerned
about the effect the case was having on his family and did not

fear death.

At the time of the interview he had made the decision to confess
his role in the murders but was concerned that this not be misin-
terpreted. He appeared to neither want a sentence of death nor to
fear it so much that he would go to great lengths to make himself
a sympathetic figure. He had apparently become quite religious
and spent time reading his Bible although he feels strongly that

many people who go to church "do not obey God's laws." His mother
took him to church twice a week but he now realizes that "there's
something greater than me" and that he "needs help." He had tried

for years to "find God" but he had to "accept God" although he was
always & believer. Although this type of verbag2 is rot uncommor
among people who try to demonstrate remorse and repentence, his
style of discussing religion was more in keeping with a personality
style in which he was somewhat withdrawn, has over-controlled in
terms of the expression of aggression, and experienced some cogni-
tive confusion perhaps as a result of his hostile impulses.

Two threads appear in much of his life: losses associated with

violence, and memory lapses related to those feelings. One of
the most painful lcesses was his oldest brother whom he "lovad
dearly" and characterized as "a genius." He found school boring

because it wasn't as fascinating as what his brother told him.

His brother was shot in the back by an acquaintance on the street.
David was stationed with the Marines in the Panama Canal and was
sent home. He expressed feelings of depersonalization about the
funeral: "It didn't seem real, he was like a mannequin when I

saw him in the casket.” He says he went to a party that evening
although he doesn't know why and doesn't know where it was or
who he went with.

A similar recounting involves his wife. In 1973 she told him she

November 1, 1979
RE: David Livingston Funchess
page Baur

was leaving him because she had been raped. He doesn't remember
what he was feeling except that he asked for a shotgun but "turned
it bak" The next day he saw a pipe, hit the man and left but did
not feel anger. The man came the next day and shot him in the
chest. FPunchess put his hand over the bullet hole. An hour later
someone took him to the hospital. He remembers the doctor saying
"you're dying" and did, in fact, almost die. During his hospital-
ization his wife did leave.

He recalls being locked in the shed with spiders as a punishment

by his father when he was 13 or 14. He remembers screaming and has
no idea of how long he was in there. The neighbors came and let
him out. He has clearly angry feelings toward his father (or step-
father) and he recalis being beaten by him when he was very little.
He also remembers seeing his father cry - "It scared me so much,

he looked so ugly when he cried."

The association between crying and grief and anger seems to occur
often. He wanted to cry when his brother died, he felt deep pain
and grief, but the "tears wouldn't come." He wanted to cry when
his wife left but couldn't and he recalls when he was younger
"sometimes lying in bed wanting to cry, pray to God because I hurt
so much, but couldn't." He had been experiencing the same feelings
which he described as tormenting, in relation to this case. He
wanted to cry, "asked God to forgive me. God's not forgiving me -
I still hurt. Like something inside me wants to burst but outside
is too strong to break open. No matter how wide I spread it open
it won't come out. Something in my subconscious that won't let

me turn it loose,"

He remembers not crying when his puppy died. I asked about cruelty
to animais ani elicted an asscciattoa that suggests a slippage from
reality testing when dealing with anger, grief and death. He said
he was cruel to his cat in some minor way. He then recalled seeing
a bird that was pretty. It got caught in a trap he put in a yard,
he cared for it but it died. He then recalled an evening in 10th
grade where he was talking to four other teenagers. On the way
home a cat walked in front of him. He perceived it as turning
purple and he experienced a great fear. "Now I feel a tight band
around my head when I see a cat."

Although this is a fragmented and confusing story it seems to be

related to another episode mucn later when he was admitted to a
psychiatric ward. He had apparently seen a buddy killed and had

himself incurred shrapnel injuries. He recalls suddenly, in the

hospital, feeling intense anger and starting to scream. "As soon
as I stopped I felt hurt.” He recalls going. to the. “psych ward"

but has no idea how long he was there. He said it was because of
"my neurotic depressive reaction."

“Many of these accounts have a dissociative, fugue-like quality and
suggest a temporary loss of contact with reality. In relation to

November 1, 1979
RE: David Livingston Funchess
page two

Opinions:

1. The defendant has a history of repressing and controlling anger
and hostility. He has never been characterized as a eee aig
person. He appears to have been under prolonged psychological
stress at the time of the crime. Loss of control was apparently
facilitated by ingestion of heroin and alcohol prior to the
crime.

2. The defendant has a history of memory loss, lapses of conscious-—
ness, and mental confusion dating from childhood. This may stem
from an organic Or psychiatric problem and may be implicated in
the present crime.

3. If the defendant were not executed he would be eligible for

parole at age 53. There is a low probability of dangerous
behavior emerging at that time.

In prison he is unlikely to be dangerous or to be a menace to the
health and safety of others. These predictions are based on the
fact that he has no history of criminal violence, and that he has
been a model prisoner during his 44 years of incarceration.

DATA AND REASONING BASIC TO OPINIONS:

David Funchess is a 32 year old black male, born the second of eight
children in Jacksonville. He is a high school graduate. He served
in the Army for four years, including Viet Nam. He received an
undesirable discharge for unauthorized absence. He is and has been
close to his mother but hated his father whom he refers to as "his
mother's hushand." He remembers severe heatings administered by
his father during his childhood and has doubted that he and his
"father" were biologically related. The family member he was clo-
sest to was his oldest brother who was shot and killed in 1973.

He married in 1972 and was separated from his wife in 1973. He

has held varicus jobs, primarily as a laborer. He has five arrests
but was sentenced on only one charge and was made a trustee. No
charges involved injury to another person.

BEHAVIOR AND OBSERVATIONS:

Because Of time constraints I was able to spend a limited time

with defendant the night before the hearing. Under other circum-
stances, additional psychological tests and a more complete history
would have been useful.

Mr. Funchess was completely cooperative during this time, responded
appropriately, was oriented and relevant. There was some difficulty
in interviewing him because he was so eager to talk that he volun-
teered more information than I had:asked for. To some extent, his
conversation could be described as rambling in that he elaborated


This Court has carefully considered the evidence before it
and the case law in the area. Based upon the evidence and the
legal principles, there is no doubt in this Court’s mind that
Defendant was incompetent to stand trial from the time of the
offense through the time of the trial and, accordingly, the
motion for post-conviction relief must be granted. This Court
notes that Defendant’s present competence to stand trial is not
an issue properly before this Court at this time and that issue
is not addressed in this order.

The case law is clear that a criminal defendant must be able
to understand the nature of the proceedings against her and must
have sufficient present ability to consult with her counsel with
a reasonable degree of rational understanding if she is to be
found competent to stand trial. Fla. R. Crim. P. 3.211. The
lack of competency at a completed trial may be raised in a 3.850
motion and, if it appears that a defendant was in fact incompe-
tent to stand trial, she must be granted a new trial at such time

when she is competent. Geathers v. State, 395 So. 2d 252 (Fla.

lst DCA 1981); McGowan v. State, 366 So. 2d 1240 (Fla. 3rd DCA

1979); Prangler v, State, 339 So. 24 1158 (Fla. 2nd DCA 1976);

see Lane v. State, 388 So. 2d 1022 (Fla. 1980); State v. Green,

395 So. 2d 532 (1981); State v. Williams, 447 So. 2a 356 (Fla.
lst DCA 1984). The trial of an incompetent defendant violates
the Sixth and Fourteenth Amendments to the United States Consti-
tution and corresponding provisions of the Florida Constitution
and any judgment or sentence deriving therefrom cannot stand.
Drope v. Missouri, 420 U.S. 162 (1975); Pate v. Robinson, 383

U.S. 375 (1966); Dusky v. United States, 362 U.S. 402 (1960);

Lane v. State, 388 So. 2d 1022 (Fla. 1980).

In this case, the three court-appointed experts all agreed
that defendant was unable to communicate with her trial lawyers
with a reasonable degree of rational understanding and assist him

in her defense because of her inability to discuss the circum-


of RTS is admissible because it shows the nature of the trauma
suffered by the rape victim and the subsequent symptoms of the
attack); People v. Matthews, 91 Cal. App. 3rd 1018 (Cal. App.

1979); People v. Bledsue, 681 P. 2d 291 (Cal. 1984); People v.

Reid, 475 N.Y¥.S. 2d 741 (N.Y. 1984); People v. Benjamin R., 481

N.Y.S. 2d 827 (N.Y. 1984); People v. Cruckshank, 484 N.Y.S. 2d

328 (N.Y. 1985); State v. Marks, 647 P. 2d 1292 (Kan. 1982);

State v. McQuillen, 689 P. 2d 822 (Kan. 1984); State v. Whitman,

475 N.E. 2d 486 (Ohio 1984); State v. Middleton, 657 P. 2d 1215

(Ore. 1983); State v. Serrato, 424 So. 2d 214 (La. 1983); Terrio

v. McDonough, 16 Mass. App. Ct. 163 (1983); State v. Mackie, 622

P. 2d 673 (Mont. 1981); State v. Liddell, 685 P. 2d 918 (Mont.

1984); Allwalt v. State, 487 A. 2d 664 (Md. 1985).

The case law has also accepted the scientific literature and
expert testimony regarding the inability of a RTS victim to
reveal the facts surrounding a sexual assualt: "Initial reluc-
tance to fully reveal the details of sexual abuse is a classic

characteristic of RTS." People v. Cruckshank, 484 N.Y.S. 2d 328

(N.Y. 1984). Indeed, in People v. Reid, 475 N.Y.S. 2d 741 (N.Y.
1984), relying on the work of Dr. Burgess, the court held that
expert testimony of RTS was admissible to explain that victims
suffering from RTS may be reluctant to report that they have been
raped and may even make false recantations concerning the rape.
And, in People v. Benjamin, 481 N.Y.S. 2d 827 (N.Y. 1984), al-
though the victim did not disclose that she had been sodomized
and sexually abused for some time after the attack occurred, the
court admitted RTS expert testimony concerning the reluctance of
a victim of sexual abuse to reveal the crime, particularly noting
that the acts were committed in a family setting. The court
found that the expert’s testimony was helpful in explaining why
victims of sexual abuse committed in a family setting are unable
to "articulate the sordid details of the criminal acts... The

victims may suffer a wide range of emotional reactions resulting

IN THE CIRCUIT COURT FOR THE SECOND JUDICIAL CIRCUIT
IN AND FOR JEFFERSON COUNTY, FLORIDA

STATE OF FLORIDA, *

Plaintiff, *
vs. ¥ Case No. 33-83-18-CF-A
SCARLETT BARTS, *

Defendant. *

/
ORDER GRANTING MOTION FOR POST-CONVICTION RELIEF

Pending before this Court are Defendant’s motion for post-
conviction relief, filed pursuant to Fla. R. Crim. P. 3.850, and
Defendant’s petition for writ of error coram nobis. The motion

for post-conviction relief alleges, inter alia, that Defendant

was incompetent to stand trial from the time of the alleged
offense in March, 1983, and through and including the time of
trial in October, 1983.

By orders dated February 14, 1985, and March 11, 1985, the
First District Court of Appeal relinquished jurisdiction of this
case to this Court until May 10, 1985, for the purpose of hearing
these motions. At the request of the parties, on March 4, 1985,
this Court appointed three experts to evaluate Defendant. By
agreement between the parties, two experts were nominated by the
Defendant and one was nominated by the State.

On May 1, 1985, this Court conducted an evidentiary hearing
on Defendants” motions. At the hearing, all parties were present
and had an opportunity to present evidence and cross-examine
witnesses. At the conclusion of the hearing, the State requested
a continuance to allow it to present additional testimony. This
Court granted this continuance but was later informed that the
State had no additional witnesses which it wished to call. This
Court heard arguments of counsel on May 3, 1985. Again, all
parties were present through counsel and were given an opportuni-

ty to argue the evidence and relevant case authorities to this

Court.

stances surrounding the alleged offense. This testimony was
corroborated by all of the lay witnesses, including the attorneys
who represented Defendant at trial.

This Court finds as a fact that Defendant was unable to
meaningfully assist and communicate with her attorneys with a
reasonable degree of rational understanding. This inability
resulted from the fact that she suffered "rape trauma syndrome”
(RTS), a form of post-traumatic stress disorder (PTSD), a condi-
tion caused when a person experiences "a very frightening,

stressful event." State v. Marks, 647 P. 24 1292, 1299 (Kan.

1982). Post-traumatic stress disorder is a recognized mental
disorder by the American Psychiatric Association (APA) and‘is
included in its official book of mental disorders, Diagnostic and
Statistical Manual of Mental Disorders (DSM-III).

Rape trauma syndrome (RTS) denotes the identifiable cluster
of psychological symptoms, often with physical manifestations,
that victims may experience in varying degrees and intensity
following a sexual assualt. The term "RTS" was introduced to the

field of forensic psychology in 1974 by experts Ann Burgess and

Lynda Holmstrom. Burgess & Holmstrom, Rape: Victim of Crisis

(1974); Burgess & Holmstrom, Rape Trauma Syndrome, 131 Am. J.

Psychiatry 981 (1974). The scientific community has embraced RTS

in the literature. E.g., Calhoun, Victim Emotional Response:

Effects on Social Reaction to Victims of Rape, 20 British J.

Social Psychology (1981); Williams & Holmes, The Seconda Assualt

(1981) at 82-86; Special Features: Assessment and Treatment of

Rape Victims, 36 The Clinical Psychologist 88 (Summer 1983);

Ferris, Long Term Consequences of Adult Rape, Publ. of Center for

Women’s Policy Studies (Jan. 1983).

RTS has gained judicial acceptance nationwide. Many courts
(including the Florida First District Court of Appeal) have now
recognized it in a variety of contexts and have deemed it admis-

sible and probative evidence. Division of Corrections v. Wynn,

438 So. 2d 446 (Fla. lst DCA 1983) (holding that expert testimony


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“° A (M4ne17 ) 2/21 1952
Plori (Ww Lf LLadsy fol jAydhe

Gifford Put
ToDeathat |
State Prison

Slayer of Charles Schuh’
Electrocuted After |

|

|

Last Plea Fails

The switch was thrown at 8:29
A. M. At 8:45 he was pronounced

Z

3

F
Be SR Es 8,

:
:
3
5

Two court-appointed attorneys
yesterday asked—without success—

"Gz abed
(STTtAuosyoer) NOINN-SAWIL VYdINOld FHL

had attempted te have him declared
imeane in 1947 but an examiner
enld He was

Dlace in the y's office.
_ But Gifford, who did not appea!
hie conviction, ssid the shooting

é
i
a
f : 3
E
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‘TG6T Aaenagegy ZZ

would: come into the hotel from the court-
house, they would all repair to a small wash-
m of the hotel, too small to accommodate
em all at once; and, as one batch of them
ud get through bathing, they would step
eutside and wait just outside the door, under
tree, until the others got through; the
liff the while having all of them practi-
lly in his view. On one occasion one of
the jurors got up from the dining table dur-
Ing meal time, and went upstairs alone to
elr rooms, for the purpose of getting his
handkerchief, and remained away several
' minutes, The bailiff went after him, leay-
Ing the rest of the jury unattended at the
ning table, but met him on the stairs, and
returned. immediately with him to the rest
of the jury in the dining room. On one oc-
sion, at a late hour in the night, one of the
Yorors betng sick, the bailiff and another ju-
rgot up and went out of the hetel, and into
e town with him, and saw. a doctor, and
om the doctor went to a drug store, and im-
nedlately back to their rooms at the hotel;
“the rest of the jury being left meantime unat-
nded and unconfined in their rooms at the
hotel, On another occasion, while the jury,
a body, were walking past the barber shop
one of their number, they stopped while
_ the owner of the shop went in and gave some
Wusiness directions to his assistants in charge
'@{ the shop. The jury were also taken in
oly to the post office to get their mail, but
one of them received any letters or other
ommunications that had anything to do with
~The case. On one occasion an outside party
wis permitted by the bailiff, after exhibiting
tvo telegrams to the bailiff, to show them
‘tone of the jurors in the presence of the
@hers. These telegrams were entirely for-
@m to the case on trial, and were from com-
/ mission firms in two distant cities in. other
tes, relative exclusively to the sale and
fipment of tomatoes for the juror to whom
the telegrams were shown.

While the motion for new trial was not
sed upon the use of intoxicants by the jury
during the trial, yet it appeared from their
> @imination that they procured and had in
’ thelr rooms at the hotel ten or a dozen bot-
tes of lager beer, a pint and half pint flasks
@ whisky, and a regular bottle of whisky,
ming the time of the trial. The proofs
' dowed that of this they drank very sparing-
and moderately; none of them being at
iy time the slightest bit intoxicated from
- Yseuse; half of the full bottle of whisky be-
> wg left unconsumed at the close of the trial.
This liquor, it appears, was procured at the
txpense of the jurors themselves; they con-
' fributing money for its purchase. . While
these irregularities and separations on the
prt of the jury were shown by their own
 watements to have occurred, yet we think

tly shown that nothing occurred from it to
ifuence the verdict, and that no harm re-
mited therefrom to the defendant. It was

GLENS FALLS INS. CO. v. PORTER.

that it was also affirmatively and satisfacto- |

473

‘affirmatively shown that, in all the separa-

tions of the jury, no communication in refer-
ence to the case was had between them and
any outside party, and that none of them
heard anything tending to influence their
verdict; that none of them conversed with
any one in reference to the case; neither was
anything said with reference to it in their
hearing; and none of them received any
communications from outside in reference to
the case. The use of intoxicants by the jury
was also aftirmatively and _ satisfactorily
shown to have been to such a limited and
moderate extent as to leave no room for any
supposition that harm resulted therefrom to
the defendant. As to the use of intoxicating
liquors by juries in capital trials, practically
the same rule applies that appertains to sep-
arations by the jury in such cases. If in-
toxicants be shown to have been used by the
jury, the presumption arises in favor of the
convicted defendant that it resulted injuri-
ously to him, and the burden is on the state
to show affirmatively, to the entire satisfac-
tion of the court, that its use was to such a
limited and moderate extent as to completely
and satisfactorily negative any harm to the
defendant from its use by the jury, or any
member of it. Jones v. People, 6 Colo. 452,
45 Am. Rep. 526; Jones v. State, 68 Ga. 760.
The conduct of both the bailiff in charge of
the jury in this case and of the jurors them-
selves was highly irregular, and unbecoming
the proper and decorous conduct of the trial
of a citizen for his life, for all of which mis-
conduct on the part of the bailiff and the ju-
rors they should, at least, have been severely
reprimanded by the court, if not more se-
verely dealt with; but, in consonance with
the rule of law above announced, it having
been affirmatively and satisfactorily shown,
as we think, that no harm resulted to the
defendant from such irregularities and mis-
conduct on the part of the jury and the bailiff
in charge, we cannot disturb the verdict
found. This disposes of the only question
presented either by the record or in the
briefs of counsel, and, finding no reversible
error, the judgment of the court below is
hereby affirmed.

(44 Fla. 568)
GLENS FALLS INS. CO. v, PORTER.

(Supreme Court of Florida. Nov. 18, 1902.)

INSURANCE LAW—MORTGAGER’S RIGHTS UN-
DER MORTGAGE CLAUSE IN POLICY—ENTRY
OF DEFAULT—IMMATERIAL PLEAS—ENTRY
Crowe JUDGMENT — AUTHORITY OF

1. Where a policy of fire insurance contains
what is popularly known as the “standard” or
“union” mortgage clause, by which the insurer
agrees to pay the amount of the policy to a
mortgagee of the insured as such mortgagee’s
interest may appear, and that as to the inter-
est of the mortgagee only the insurance effect-
ed by the policy in his favor should not be in-
validated by any act or neglect of the mort-

71. See Insurance, vol. 28, Cent. Dig. §§ 707, 1823.


472 33 SOUTHERN REPORTER. (Fla. '
negative any harm to the defendant from its rated from his fellows; and the verdict M :
use by the jury, or any member of it. should only be allowed to stand when the +"
(Syllabus by the Court.) prosecution can show that there was no Op- tl
“rror to circuit court, Dade county; Minor portunity to tamper with the juror, or to in- w
S. Jones, Judge. fluence him in finding his verdict.” This or
David Gamble was convicted of murder, rule, we think, indulges too strong a presump- a
fuad brings error. Affirmed. tion against the integrity of the jurors, and -
is too favorable to the accused in such cases, . Cn
B. A. Thrasher, for plaintiff in error. Wil- | as it makes the integrity of the verdict de- th
Jum B, Lamar, Atty. Gen., for the State. pendent solely upon the existence of an op- in
portunity for an improper tampering with a. th
TAYLOR, C. J. The plaintiff in error, Da- | juror, whether such opportunity was utilized, . ha
vid Gamble, was indicted, tried, convicted, | or not, by any one in any manner. Besides ni
| and sentenced for the crime of murder in the | this, what was said in that case as to the ing
|| first degree at the spring term, 1902, of the | rule governing the separation of jurors in din
circuit court for Dade county, and comes here | capital cases was obiter dicta, as the court ret
| by writ of error. was not dealing with a capital case, but one: of
The only question presented here is the | of larceny only. In the case of Bird v. State, eas
propriety of the denial of the defendant’s | 18 Fla. 498, it is said that ‘where it is shown jur:
motion for new trial, upon the fifth and sixth | to the satisfaction of the court that there was ror
g.ounds thereof, as follows: no misconduct upon the part of the juror’, ‘the
(5) Because the jury that was impaneled | and it is so certified by the court in the bill fror
ty try, and did try, this case, were not, dur- of exceptions, the mere separation of the jury me
jug said trial and consideration of this case, | is not a sufficient ground for a new trial.”: the
bu guarded or protected as the law requires, | The Bird Case was one for murder, and it ten
esther by the sheriff or bailiff, as to prevent | recognizes the propriety of the rule that, even hote
paid jury or protect them from improper com- though there may be an opportunity for the in a
munications or instructions.” . exertion of improper influences upon the ju of o
“(6) That the said jury were allowed dur- | rors, yet the bare fact of such opportunity, the «
ing the trial of the case to separate and ab- | without resultant harm to the accused, is not busi:
sent themselves from the presence of each | enorgh to avoid the verdict. The correct of t!
other and from the presence of the bailiff, | rule. as we think, deducible from these and body
and individual members of the jury were al- | other cases, is that the mere separation of none
lowed to talk and converse with other. per- jurors impaneled to try a capital case, from com
sons who were not members of the jury, said | their fellows, without the attendance of an the
person or juror so conversing not being at the officer, although an irregularity, is not a sufli- was
time in the presence of the members of the | cient cause for setting aside the verdict, if two
jury, or in the presence of the bailiff, sheriff, | tae court is satisfied that the prisoner has not to on
or other officer; that the place where said | sustained any injury from such separation, other.
jury ate and slept during the time of the But where there has been an improper separ eign i
trial and consideration of this case was at | ration during such trial, if the verdict is missi:
f the hotel known as the ‘Everglade,’ one of against the prisoner, he is entitled to the states
the leading hotels of the city of Miami, Dade | benefit of a presumption that the irregularity ship:
county, and located several blocks from the | has been prejudicial to him, and the burden the te
i courthouse; that much of the time was spent | of proof is upon the prosecution to show to Wh:
| at and about said hotel, during which time | the entire satisfaction of the court that the based
‘ various members of the jury would separate | prisoner has suffered no injury by reason of during
or absent themselves from the jury as a | the separation. See State v. Cucuel, 31 .N. J, exami
; pody, some being in the porch of the hotel, | Law, 249. | iene their 1
some in the hall, some in the toilet room, The facts, in brief, disclosed by the exauh tles of
: and some in the yard, during which time the | ination of the jurors, bailiff, sheriff, and oth of wh
i . said several members of the jury, or those | ers, in this case, are, in substance, as follows: during
; who desired, could, and some did, converse | The jury, in charge of a bailiff, took thelr showe:
f with persons not members of the jury; that | meals and slept at a hotel in the town of ly and
said jury at night occupied different rooms | Miami, where the ‘trial was had. They occtr any ti:
; in said hotel, to wit, three rooms, there be- | pied three adjoining rooms on the upper floor its use
ing four jurymen to each room.” of said hotel, and were the sole occupants of ing lef:
In the case of State v. Madoil, 12 Fla. 151, | that floor; the bailiff in charge staying This lic
which was a trial for larceny, itis said: “In | there with them. In passing to and fro be expens,
trials for offenses punished capitally, where | tween the courtroom and hotel they did not tributi:
one or more of the jury separate from their | keep compactly together, but straggled some these ji
fellows, we think it should be shown tha’. , what, and such straggling also occurred while Part of
the separation was from urgent necessity, | they were about the hotel; but on such occir atateme
and that no opportunity was offered for any | sions they were all in view of the bailiff. that it
improper or undue influence. In such cases | At the hotel some of them would loiter in the rily sho
the conduct of the absent juror should be | halls, and on one or two occasions while @ ~ {nfluenc
subjected to the most rigid scrutiny, in order loitering would speak a few words to some sulted 1
to ascertain if it was blameless while sepa- | girls who were staying there. When thes Mg


could see the hurt in him. He did talk once about Viet Nam,
about how you see so much senseless death, so many people come
and go. The first time you have to kill someone, it drive you
nuts. You can't live with it. You just hope the next time it
won't be so bad. The one night we did talk about Viet Nam, David
burst out crying. I remember that eons sation very well. I try
to wash out my memory of Viet Nam.

9. David just wasn't David any more after he got back.
One time we were talking and he just wasn't there. It was like
Dr. Jekyll and Mr. Hyde. He was talking and the next minute he
went completely blank and walked off. I called to him but it was
like he didn't even hear me. It tore me up to see what had
happened to him. His nerves were real bad, too. Sometimes he
would shake. It wasn't from the drugs. It was his nerves. His
hands would just shake.

10. After he got back from Viet Nam, David stayed
in the streets a lot. He was around Ashley Street to get drugs.
That was really a rough and terrible area in those days, full of
prostitutes, pimps and drugs. David didn't seem to know a lot
of people there, but he went there to drink and get drugs. It
never would have been his normal hang-out before. I don't think
he was really comfortable there. It's just where he had to go
to feed his drug addiction. I never saw him get high, but I
knew he was.

1l. David had become very elusive. He was jumpy and
always on the move. I know he was very lonely during this time.

He stayed more to himself. He didn't hang out with a lot of

of person he was. I know what his father did hurt him
and embarrassed him, but not a tear came down.

3. Before he went to Viet Nam, David was easy-
going and free-hearted. He was never in trouble. My father
watched over all of us really close. David didn't hang out
in the streets back then and none of us knew anything about
drugs. David went to school and stayed out of trouble. David
was smart and he was a good student. We would talk all day
long sometimes, about history and all sorts of things. We
would talk and figure out life.

4. The worst thing I ever knew David to do was
actually an ingenious plan that he never carried out. It
was our graduation time and all the kids were sending out
their invitations to graduation. David's father wouldn't
give him any money to pay the postage to send out his invitations.
Most of the other parents were encouraging their kids'
accomplishments in graduating from high school, but David's
father wouldn't even help him buy the postage stamps for
his invitations. So David thought up a way to get them mailed
anyway. He said he would address them all to himself and put
the return address as the person's he wanted it to go to. Since
he couldn't put a stamp on the envelope, the post office would
return the envelope to the sender which would be where he
wanted it to go anyway. He never did that, but I'm just
recalling the incident as the worst thing I ever knew David
to think of and it really wasn't that bad.

5. When we graduated from high school, I was drafted

into the Army and David enlisted in the Marines. He was very

2


patriotic. I was really worried about him joining the Marines.
Basic training was really rough for him. They were cruel back
then. He told me about a time that a sergeant made him shave
while he had to keep a bucket on his head and jump up and down.
The sergeant wouldn't let him use any soap or water. He cut his
face up badly. He was also supposed to keep saying, "I will be
clean-shaven."

6. Before he went to Viet Nam, David was quiet and
easy-going. We saw each other every day and always talked. But
after he came back, it seemed like I never could catch up with
him. He was always on the move. I had been in Viet Nam, too,
so I didn't pressure him into talking about it. There was no
need, because when you've had an experience like that, you don't
need another person to explain. You just understand, because the
experience was so horrible.

7. I'll never forget the day I was in a manhole splicing
telephone wires on the job. A man came over and looked down at
me and I realized it was David. He had a bag of white powder in
one hand and syringes in the other. I said, “Hey, man, what are
you doing?" And he said, “I'll catch you later." He was ina
hurry and he didn't say anything else. I couldn't believe it
was David. It really shocked me. I saw him later staggering down
the street and he didn't even know who I was. That really hurt me
to see him that way. He was my best friend and he was strung out
on drugs. I realized my best friend was a heroin addict.

8. I don't like talking about all the killing in Viet

Nam and David didn't, either. He didn't have to tell me. I

people, but we did still spend a lot of time together. It
wasn't like before, though. He had changed so much.

12. I couldn't tell which side of the water David
was On sometimes. He just went haywire. He really went downhill.

13. David was a good person. If they would let me
die for him, I would do that. I mean it. I owe David my life.

He is one of God's children, and I know he is protected. I wish
I could be next to hin.

14. No one ever asked myself or anyone I know anything
about David when he had his trial. I would have said these things
back at the time of David's trial and I would have been able to
remember more because now it's been so long.

15. I remember one thing that David always used to

say. It's the last lines from Charles Dickens' A Tale of Two

Cities. Now that I recall it, I remember that it is said just
before the man is executed. - "It isa far, far better thing that I

do, than I have ever done."

Hacrnl A tebose
Cc” }, #* 7 Io
Sworn to and subscribe before me this (3 HW aay of

April, 1986. VU, /f
rpastt ( Ja cbuier

Y/Y NOTARY PUBLIC

Saae Bohits Sata af Mace
fo oRened, o8f.2 oF remgta


Psychological Report

David L. Funchess

3 May 1982

1970-75
6/70
4/10/72
9/73
e/5
2/74
3/74
4/74
8/74
5/75
1975

Present

Various jobs, primarily as dockworker and laborer.
| Pehkt

DLF convicted of Graed Larceny.

DLF married to Christilina Butler.

DLF fined for Breach of Peace.

DLF separtated; shot by wife's boyfriend; divorced.

DLF fined for Loitering.

DLF's case dismissed for Breaking and Entering in Detroit.

DLF fined for Public Intoxication.
DLF's case dismissed For Trespass After Warning.

DLF convicted of First Degree Murder.

DLF incarcerated awaiting sentence, appeal and execution.

- 10 «

. a

Psychological Report
David L. Funchess
3 May 1982

over all of his emotion.

Mr. Funchess notes little else of significance during adolescence
remarking only on his average performance in high school and a

desire to join the Marine Corps to show what he could do.

a, ae


P
David L. Funchess

May 1982

|

o

sychological Report

Family History

David Funchess is a 35 year old black male. He was born and
raised in Jacksonville, Florida, the second of eight children. Mr.
Funchess reports feeling singled out by his father as a child. He
recalls that slight infractions brought him severe beatings by his
father. He remembers being confused about why he was _ treated
differently than the other children. Mr. Funchess. relates. one
significant incident occurring when he was about age ten. He
remembers his parents fighting and the father calling all of the
children into the kitchen. The father then insisted that the mother
"tell the kids about David."" Mrs. Funchess revealed that David was
the offspring of another man with whom she had had an affair. Mr.
Funchess notes that from that moment "he felt a wall between himself
and the rest of the family."

On reflection, he reveals that for years he had regarded this
wall as a wall which the other family members had built. But now he
realizes that he himself may have constructed this barrier.

The next significant incident Mr. Funchess recalls is a time
around age thirteen when his "father" locked him, overnight, in a
small woodshed full of spiders and cobwebs. Mr. Funchess vividly
recalls a feeling of terror and his response of screaming for several
hours until he ceased in exhaustion. Ultimately, his cries alerted the
neighbors who called the police to release him. From the time of these

two incidents, Mr. Funchess dates a deliberate tightening of control

ns (al Se

Psychological Report
David L. Funchess
3 May 1982

Military History

Mr. Funchess reports looking forward to and performing well
initially in the Marine Corps. His military records confirm excellent
ratings for proficiency and conduct. He notes that his first difficulty
occurred when, while undergoing jungle training in Panama, his
brother was shot and killed by a stranger on the streets of
Jacksonville. Sent home on leave to attend the funeral, he recalls
being close to tears but unable to cry. Pressed during our interview
for details of the funeral, his eyes suddenly teared and with what
appeared as an intense, visible effort, he brought himself under
control. Mr. Funchess recalls being dazed and confused by the death
of this older brother whom he regarded as a model and a near genius
and with whom he was extremely close. The family reports an outburst
by David during this period when he became furious after finding out
the name of the man who had shot his brother. Apparently, Mr.
Funchess tvok a pistol and roamea the streets looking for this man.
Military records confirm that this was the period of Mr. Funchess'
first unauthorized absence for which he was Court Martialed.

Not long afterwards, Mr. Funchess was sent to Vietnam where
again his military records indicate a highly regarded performance.
However, during the three months he spent in Vietnam, several
incidents disturbing for Mr. Funchess occurred. Interestingly, Mr.
Funchess insisted, at the outset of our interview, that Vietnam had in

no way effected him, and that his problems centered on troubling,

eek


APPENDIX 20

Before me the undersigned authority, this day personally
appeared NOLAN WILKERSON who, being first duly sworn, deposes
and says:

1. My name is Nolan Wilkerson and I live at 1463 Van Buren
Street, Jacksonville, Florida. I am an associate minister at
Little Rock Baptist Church.

2. I met David Funchess when we were both in seventh grade

together at Matthew Gilbert School in 1959. David and I did

lots of activities together. We studied and did science projects

together. I used to come over to David's house after school.

3. David was a smart kid. He didn't have to study. He
had a natural gift to retain things. School was easy for him.
David was always a quiet person, he was never rowdy. In those
days, we didn't know anything about drugs. High school students
didn't even drink in those days. We were never into anything
of that nature.

4, Ihave seen a lot of friends come back from Viet Nam

changed. I believe that his experiences in Viet Nam could have

contributed to David's problems when he returned from the war.
David was a young man with a lot on the ball before he went into
the service. He was very patriotic, and like almost every
American boy, he wanted to be a hero. I think that this is why
he went into the service, but things did not go the way he had

planned.


Dr. Dede Cui th
Report om DLE

a]

ERRATA SHEET

Please note that the page numbers from page 27 through

page 32 should be renumbered 26-31.

am He ks

ia
TMENT OF OFFENDER REHABILITATI. :

FLORIDA STATE PRISON
MEDICAL DEPARTMENT

OUTPATIENT

CLINIC RECORD

NO. (D4 ea. NAME Fu wahecs i)

— __) compraint —— ns TREATMENTS
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FLORIDA STATE PRISON

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MEDICAL DEPARTMENT
OUTPATIENT CLINIC RECORD
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ENTRY MUST BE MADE EVERY SICK-LINE ATTENDED AND EVERY MEDICINE OR TREATMENT RENDERED

FSP-4.001

: | FLORIDA DIVISON OF CORRECTIONS a

FLORIDA STATE PRISON
MEDICAL DEPARTMENT
OUTPATIENT CLINIC RECORD

NO. CULO F 56 Name ZO caereldes iA,

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_DATE COMPLAINT FINDINGS TREATMENTS
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ENTRY MUST BE MADE EVERY SICK-LINE ATTENDED AND EVERY MEDICINE OR TREATMENT RENDERED

FSP-4.001

APPENDIX 22


FUNDERBIRK,Ross, elec,, Fl(Franklin) March 19 1930

THE FLORIDA TIMES-UNION (Jacksonville)
Thursday, 20 March 1930, page 6.

Negro Pays
' Death Penalty

-Goes to Chair at Raiferd for

Murder of Policeman. |

| STATE PRISON, RAIFORD, March
19—(AP)—Rose Punderbirk, negro,
paid with his life in the electric chalr '

. today for the murder of Policeman:
_ Scott of Apalachicola, Pranklin coun- ;
ty.

Punderbirk declared his innocence to
the last. Rev. Sullivan, a Catholic
prisest from Gainesville. administered
epiritual comfort during the negro's
east hour. ;

Shortly before the death march be- |
gan. Funderbirk announced he was:
“read to go.” He walked calmly to the
chair and said he wished to make no
statement except to reiterate his inno- '
cenpcee. |

At the trial it was stated that:
Punderbirk had confessed to officers,
that he killed Scott, who was night’
policeman at Apalachicola, but the
negro repudiated the alleged confes- .
sion. |

~ — |


reason I did not investigate competency was that I did not
understand Post Traumatic Stress Disorder, and its effect on
David's ability to participate in his defense at trial and
sentencing.

5. I did not deliberately withhold any claims from the
courts. If I neglected to raise something I should have raised,
it was simply a result of inadvertence and overwork on my part.
David Funchess never agreed to waive or withhold any claims, so
he is not responible for any omissions I may have committed in
post-conviction litigation.

Further affiant sayeth not. f pe

a4

J { Lf A |
La

ANDREW A. GRAHAM

Sworn and subscribed before me

this/Hay of April, 1986

ay j /
f4 / a ‘
fj r / /

~~ f ~ { , ¥?
Liiserr f heh ck tare

Notary Public

My Commission expires:
Notary Pubic, State 28 Ts
bay Concey: Pen

BME vags Cady ted Th turspeds ed

(Fla

GAMBLE, David, hanged

. GAMBLE vy. STATE.

Miami, Florida, on 4/3/1903, °

471

me be: ;
vance of the petition in this case is that | ciples announced in the opinion, even in
iggesta this court was-in error in its holding that | cases where the correctness of such princi-
should a second appeal could not be taken under ples ‘twas the chief point of difference on
he set. the circumstances stated in the opinion up-'| which-the court divided, and was thorough-
of this en the former hearing. It is:true the peti- | ly considered.” 18 Ency. Pl. & Pr. p. 31;
lich {@ tion alleges the omission to consider certain | 3 Ency. Law & Proc. 212, 213.
ard in facts, but it also alleges as “ground” for a It is most important at this time, when
tehearing that the former appeal had, as a: the public demand is apparently for quick
egests matter of law, from the facts shown by the | decisions, ‘to maintain the integrity of the
ought record; been abandoned and become ineffect- | long-established practice upon petitions for
‘t will tre before the second appeal was entered, | rehearing, for this is the only method for
ebear- and that therefore the second appeal should | correcting errors that will occasionally creep
notion not have.been dismissed.: It cannot be | into the best-considered decisions, and which
. filed doubted that. the whole scope and purpose must creep into those made under the pres-
1 ever of the petition is to call:the attention of the | sure of a demand for speedy decisions. In
eurt to what. petitioner thinks is an error | my opinion it is no answer to a petition
tulat- of law in the judgment, pointing out specific- for a rehearing to say that the court upon
; that ally the manner in which such supposed'| the former hearing duly considered a par-
new eror arose. Surely this is all that is re- | ticular question of law or fact, but the only
argu- quired to have this court determine whether | proper answer to be given is that the former
h the “there is reason to apprehend that the judg- | decision is correct. This answer is not given
1 con- ment rendered is erroneous” in respect to | in this case, and I dissent from the judg-
e for the “cause” presented by the petition, wheth- | ment denying the petition.
e@ er # that cause be an error of law or fact.
road ‘The majority opinion in this case seems MAXWELL, J. I favor the granting of
g for to proceed upon the theory that upon a pe- the petition for rehearing in this case, as I
n or tion for a rehearing it is only necessary think the decision of the court therein er-:
ad for the court to ascertain: that it did not | roneous, for the reasons stated in the dis-
DO | overlook the particular matter complained | senting opinion filed by Mr. Justice CARTDYR
rall- of, and that, if the court gave careful con- | and concurred in by me. I do not dissent,
7 ae sideration to such matter upon the first hear- | however, from the view of the majority of
tting ing, its conclusions of Jaw thereon must | the’ court that they are authorized, under
-red, fecessarily be right. But experience proves | the circumstances stated, to deny the rehear-
acts, that such assumption of infallibility is con- ing without an examination of the merits
w to trary to the nature of man,’ and the rule | of a question fully considered and deter-
x to respecting rehearings is based upon this trait'| mined at the former hearing.
iples ét human nature. Parties are not only en- |. '
re- titled to: a fair and full consideration of. MALONB, J. of the Second judicial circuit,
hen questions of law and fact involved in their | sitting in place of HOCKER, J., who is dis-
ind, cases, but to correct decisions of all such qualified.
ider questions so far as the court can decide cor- =
the rectly, And, if it is thought the court has
the committed an error either of law or fact, the (44 Fla, 429)
this purpose and object of a petition for a re-| © GAMBLE v. STATE.
ourt hearing is to bring the matter to the at- | (Supreme Court of Florida, Oct. 7, 1902.)
on- tention of the court, and the court must, | cRIMINAL LAW—SEPARATION OF JURY—USH
ind, - th my opinion, examine the grounds alleged OF INTOXICANTS BY JURY.
ith, in the petition sufficiently to be able to say 1, The mere separation of jurors, impaneled
rhe tit there is no reason to apprehend that | t0.4%, 8 ciEntance “ot an officer, althotigh an
ing - the judgment is erroneous upon the ground | irregularity, is not a sufficient cause for set-
use suggested, before denying such petition. It | ting aside the verdict, if the court is satisfied
be may be consoling to. a‘court to be able to mee ao deere nik ere any. any
not imagine that it possesses the divine attrl- | heen an ioprapae separation during such trial,
‘an bute of infallibility,—that its former decision: | if the verdict is against the prisoner, he is en-
the must necessarily be right, because it did not | titled to the benefit of a presumption that the
to overlook any of the facts of the case,—but irregularity. has been prejudicial to him, and
. the burden of proof is upon the prosecution to
ng it would be more satisfactory to the litigant | show to the entire satisfaction of the court that
iat to say to him that the court, upon re-exam- the prisoner has suffered no injury, by, reason
* ining the grounds of its former opinion, has of the “ aration ae odes Lot in State v.
its no reason to doubt its correctness. That is 2. If intoxicants be shown to have been used
in what, in my judgment, the rule of practice | by the jury impaneled in a capital case, the
and our judicial duty requires us to say presumption arises in favor of the convicted
before we finally deny him the only remedy defendant. that it resulted injuriously to him;
at he possesses for the correction of errors in and the burden is on the state to show affirma-
* possesse tively, to the entire satisfaction of the court,
la. the judgment against him. Courts else- | that their use was to such a limited and mod-
‘gs where act upon the principle that “to err | erate extent as to completely and satisfactorily
b- is human,” and permit petitions for rehear-
ing to question the correctness of legal prin- | 3 oer sine Criminal Law, vol. 15, Cent. Dig. §§ 2257.


for awhile like nothing had happened. He was really
shot bad, but it was like it didn't register. ‘“‘illie
Albert got five years for shooting David.

9. David always tried to get me back when I
would leave. He would find out where I was and come there.
In a way, he acted really crazy, like he was searching out
the enemy or something. Looking back, I'm sure it must
have been humiliating for him to have to come get me so
many times, and it's a wonder he just didn't give up.

I think he really did give up the last time I left. Once
he dressed all in black and lay down on the doorstep where
I was and said he would stay there forever till I came back
to him. He just loved me too much for his own good. Now

I can see that, but back then, I just couldn't. It makes
me feel really bad to think of what I did to him. And he
never did hit me or abuse me in any way no matter what I
did. I always wondered when he would, but he never did.

10. We didn't really talk much, but sometimes at
night David and I would sit and he would read the Bible
to me. I loved it when he read the Bible to me. I still
remember that.

11. One of the girls who was supposed to have been
with David during this incident was named Tippy. That was
the talk in the streets. Tippy was found dead, killed,
in a duffle bag under somebody's house just awhile back.

Nobody knows who killed her. The other girl I don't know.


David L. Funchess
3 May 1982

Psychological Report
|

Table of Contents

j 12.

aa

DN WW KR WW

Nature of Examination

Occasion for Report

New Data

Summary of Findings

Recommendation

Brief History

Family History

Military History

Post Service History

Behavior and Observations

Test Results and Conclusions

Differential Diagnosis

Bibliography

Appendix A - PTSD Criteria

Appendix B - Antisocial Personality Criteria
Appendix C - Letter from David Funchess

Curriculum Vitae

Appendix D

12. .t the end, David was drinking heavily
and on drugs and on the brink of a nervous breakdown. .
I just hope this wasn't my fault. David just couldn't
talk about things and we stayed high all the time.
Viet Nam started the drugs and the drugs ruined him.
It's really a tragedy to see a good quiet man ruined
like that. And nobody seems to care.

FURTHER AFFIANT SAYETH NAUGHT.

; : : P ,
fy + ee Sa cgi sect , é red
o/s if Tat te gre JON ft

p>
Sworn to and subscribed before me this IL day
of April, 1986. (

fx
NOTARY PUBLIC

Notary Public, State Of Florida At Large

My Commission Expires April 17, 1987
Banded By SAFECO insurance Company of America

PSYCHOLOGICAL REPORT

SUBJECT:

EXAMINER:

DAVID LIVINGSTON FUNCHESS

JOHN RUSSELL SMITH, MA

DATE OF REPORT: 3 MAY 1982


Psychological Report
David L. Funchess
3 May 1982

Traumatic Stress Disorder as well, It is these points of similarity

which have led psychiatric ohservers in the past to misdiagnose and

to fail to recognize the Post Traumatic Stress Reactions so prevalent

(Cee

among veterans of Vietnam and concentration camp survivors. Attention

to tit fay Balm at congruence has often led to a character disorder
—_————————

diagnosis of Antisocial Personality. It is only by paying attention to

the full range of indicators thay“the distinction can be made» In the
N je
case of Mr. Funchess, we find tha€ his behavior does not match the

determining criteria for the Sociopathic Personality diagnosis. In

contrast, the full range of criteria for a Post Traumatic Stress

Disorder (are) met as well as the associated features mentioned in the
literature but not in DSM-III.

It is unfortunate that, in this case, the recognition and
treatment of the Post Traumatic Stress Disorder did not begin when the
problem behavior resulted in the hospitalization of Mr. Funchess at

Norfolk Naval Hospital in 19€7. However, the evidence appeurs to

indicate that the diagnosis now is clear, the treatment in a prison

setting can be available and Mr. Funchess gives ample evidence of

a se

the capability to profit from it.


Diagnostic

criteria for Post-traumatic

Stress Disorder

Ax

Existence of a recognizable stressor that
would evoke significant symptoms of dis-
tress in almost everyone.

Reexperiencing of the trauma as evidenced

by at least one of the following:
(1) recurrent and intrusive’ recol-
lections of the events

(2) recurrent dreams of the event

(3) sudden acting or feeling as if the
traumatic event were reoccurring,
because of an association with an
environmental or ideational sti-
mulus

Numbing of responsiveness to or reduced
involvement with the external world,
beginning some time after the trauma, as
shown by at least one of the following:

(1) markedly diminished interest in
one or more significant activities

(2) feeling of detachment or estrange-
ment from others

(3) constricted affect

D. At least two of the following symptoms

that were not present before the trauma:

(1) hyperalertness or
startle response

(2) sleep disturbance

(3) guilt about surviving when others
have not, or about behavior re-
quired. for survival

(4) memory impairment or trouble con-
centrating

(5) avoidance of activities that
arouse recollection of the trau-
matic event

(6) intensification of symptoms by
exposure to events that symbolize
or resemble the traumatic event

exaggerated

Data on David L. Funchess

A.

Yes. Combat, death of brother.

(1)
(2)
(3)

(1)
(2)

(3)

(1)

(2)
(3)

(4)
(5)
(6)

Yes. Frequent intrusive recollec-—
tions and thoughts.

Yes. Frequent nightmares and ex-
treme control of sleep.

Yes. See letter after testing
(Appendix C).
Yes. Family notes diminished

interest after Vietman.

Yes. Family notes extreme with-
drawal and isolation since Viet-—
nam.

Yes. Extreme blunting of
affective responses.

Yes.
scale.
Yes. Severe sleep disturbarce.

Yes. Multiple manifestations of
severe guilt.

Yes. All psychiatric reports indi-
cate memory and thought problems.
Yes. See letter after testing
(Appendix C).

Yes. TV and obituary references.
See letter after testing (Appendix
¢).

Multiple reports on stress

»

Psychological Report
David L. Funchess
3 May 1982

Bibliography

American Psychiatric Association. Diagnostic and Statistical Manual of

Mental Disorders (DSM-III) Washington (1980).

Bazelon, David L. Veils, Values and Social Responsibilit
Psychologist, 1982, 37, 115-121. ponsibility. American

Blank, Arthur S., Jr. "The Unconscious Flashback To The War In
Vietnam Veterans: Clinical Mystery, Legal Defense, and Com-
munity Problem. American Journal of Psychiatry, in press, 1981.

a aes

Diagnostic criteria for Antisocial Person-
ality Disorder

Current age at least 18.

B. Onset before age 15 as indicated by a
history of three or more of the following
before that age:

(1) truancy (positive if it amounted
to at least five days per year for
at least two years, not including
the last year of school)

(2) explusion or Suspension = _ from
school for misbehavior

(3) delinquency (arrested or referred
to juvenile court because of
behavior)

(4) running away from home overnight
at least twice while living in
parental or parental surrogate
home

(5) persistent lying

(6) repeated sexual intercourse in a
casual relationship

(7) repeated drunkeness or susbstance
abuse

(8) thefts

(9) vandalism

(10) school grades markedly below ex-
pectations in- relation to esti-
mated or known IQ (may have
resulted in repeating a year)

(11) chronic violations of rules at
home and/or at school (other than
truancy )

(12) initiation of fights

C. At least four of the following manifest-
ations of the disorder since age 18:

(1) inability to sustain consistent
work behavior, as indicated by any of
the following: (a) too frequent job
changes (e.g., three or more jobs in
five years not accounted for by nature
of job or economic or seasonal fluct-
uation), (b) significant unemployment
(e.g., six months or more in five
years when expected to work), (c)
serious absenteeism from work (e.g.,
average three days or more of lateness
or absence per month, (d) walking off
several jobs without other jobs in
sight (Note: similar behavior in an

Data on David L. Funchess

A.

Yes. Age 35.

No. No indicators prior to Age 21.

(1)

(2)
(3)

(4)

i)
(6)
(7)

Yes. Disturbed work pattern after
Vietnam. Excellent record before
Vietnam.

No evidence of irresponsible
parenting.

Yes. Evidence of multiple arrests
and felony conviction after Viet-—
nam.

No. Only one marriage and divorce
but evidence of impaired ability
for intimacy.

No. Only one incident of assault
in the crimes in question.

No. No evidence of § financial
irresponsibility.

No. No evidence of aimless travel,
but significant evidence of extra-
ordinary impulse control of
emotion.


Honorable Gordon A. Duncan, Jr. Re: Davis L. Funchess
August 20, 1979

rm ‘\- ; ° ‘
with reference being made to his undesirable discharge due to frequent

AWOLs and to the succor he received at home, with his commenting, "It felt
good at home. Mama was there."

The patient also made reference to heroin usage in the amount of six to
twelve bags per week and his involvement with prostitution. He also men-
tioned his having been fired from the job where the crime was committed,
and of stealing money in order to get an apartment because he was dirty
and not eating. Other elements of the tape suggest to me a pattern of
being unable to establish loyalty or values with relationship to other per-
sons and a feeling that he was dominated by women.

The second Amytal interview was conducted on July 31, 1979, and this time
approximately twelve grains of Amytal were administered, Again, difficulty
was experienced in entering the vein. The patient claimed not to remember
some of the contents of the previous interview. We touched briefly upon

his history of violence in 1973, when he chased a man who had raped his wife.

We touched again on the prostitutes in his life in the past. The patient
mentioned his life circumstances at the time that his wife left, that he had
no clothes and no money, and the contumely between him and his father, with
the patient's attitude being, "Nigger, I ain't your son."' The father
apparently felt that the mother cheated on him. We discussed his upset
over his brother's death and the death of his uncle Steve, who was as a
brother to him. Much of the interview was loosely constructed as the
patient was fairly heavily intoxicated, having had about_ten_grains_at near
mid-point_of the interview. He describes, "hurtin' so bad inside" that he
wants ''to tear apart" and that he wants to "see these people'(Sic). He men-
tions thoughts of killing himself, being in Ocala and no one knowing that

he did it. He reported that the girls who were.with him lived in the
Blodgett Project and mentioned again needing some heroin.

With respect to the crime, he came with random associations of,'"I don't

want to do it. I want to go home. They're scarin' me - that old buli-dyke.”
The comment is also noted, "'The girls say kill somebody."

w

During this interview, the patient. indicated that he had his first fix

before he had gone to the bar and his second fix after he left and took

the girls home, that he was given this by the dyke. His third fix was
reported to have been obtained that evening.

The third Amytal interview was as before, the medication being given intra-
venously, somewhat easier this time, with a total of seven and a halt grains
rning on 19th

administered. The patient reports sleeping in the car that mo
Street, again having no money and no job. He had been fired by the Avondale
Bar. He rationalized that he did not really steal the money, that the money
was just lying there. He does mention later that he took it in order to

get out of the ghetto. He remembers sleeping that day, apparently in his
mother's garage. He mentions her being home until 11:30 p.m. On the 20th
at six o'clock he walked to the westside and was in a car with two girls.

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655 WEST EIGHTH STREET

erat ar
eg com a ry } | iS jNSTRU! Nid qT ' ( } 8-3277

ne computes MICHAEL J. WOOD

Executive Director

kee August 20, 1979
FILES.

~

8 ere SEY ORES

Honorable Gordon A. Duncan, Jr. AUG 29 1979
Circuit Judge

Duval County Courthouse 4 i le ea,
Jacksonville, FL 32202 of Mey se er

CLERK - CIRCUIT COURT _ |
Re: David Livingston Funchess

CASE NO. 75-169 CF
DIVISION R

Dear Judge Duncan:

Per your orders, a series of psychiatric interviews were conducted on

the above captioned patient, accompanied by the intravenous induction of
Sodium Amytal. Altogether, four separate sessions were involved, the first
being on July 16th, the next on July 3lst, the third on August 2nd and the
last on the 9th of August. During this period of time a total of six and a
half hours was utilized, with the sessions being conducted in my office at
University Hospital. Either William P. White, Esquire, or one of his
representatives was present for most of the interviews and Mr. Frost was
present on one occasion.

At the onset it was made clear to me that some of the goals of Mr. White's
office through these interviews were to, hopefully, obtain qualitative and |

ioe iegpatay “ara agregar i

quantitative estimates of the amount of emotional stress that the patient.
may have been _ in at the time of the alleged crime. Secondly, it was

desirable to know whether or not Mr. Funchéss was functioning "under th pan
domination of another individual. “Third, Mr. White wondered aif Mr. “Funchess’
ability to conform his acts to a normal standard was diminished. ‘Fourth,

Mr. White wanted’ to know if some estimate could be given as to the likeli-

hood of his committing another crime. Ge Ge 7

Oe ere ee oe hi ee ee

Mr. White has the tapes of the interviews in his possession and, referring
now to my penciled notes, I would like to recapitulate briefly the essentials
of the interviews from the frame of reference as to process, content and ny
own observations:

Before inducing narcosis, I spoke with the patient and he indicated that
he was brought back to Jacksonville for resentencing and that he had been
on the Death Row at the Florida State Prison. He had talked with Mr. Dobbert

and Mr. Proffitt out there and had become more or less reconciled to his
execution, stating that the only thing that he felt now that he could do

6

In addition, Vietnam is a very poor country, operating in a state of
war for more than 30 years. It is chiefly an agrarian economy, where
both men and women work from before dawn until after dusk to
scratch out a living. Under these conditions, most physical ailments,
unless debilitating, are probably overlooked.

Sunday, January 1, 1984

We visited the University of Hanoi where a biologist, Professor Vo
Qui, and his associates briefed us on their studies and their conclusions
regarding the consequences of the spraying of Agent Orange on the
environment. It was a detailed presentation describing the destruction
of both crops and forests by Agent Orange spraying.

He painted a grim picture of destroyed 1orests—both inland and
coastal. With “before” and “after” photographs, he showed the once
lush forest areas which today—10 years after the end of the war—
remain barren of trees.

Professor Qui stressed that destruction of the forests has caused
the soil to deteriorate because of the heavy rains which previously
were absorbed by the forest floor. It has caused the extinction of many
animals of the forest; has caused a dramatic increase in rodents (since
the natural enemies of the rodents are gone) ; and has led to climatic
change since, instead of tropical forest, the sun and wind now domi-
nate the landscape of sparse and sickly grass.

Professor Qui provided charts and graphs which showed an increase
of deformities in children, congenital malformations, and spontaneous
miscarriages in females who had lived in villages in the forests that
were sprayed with Agent Orange, as. opposed to those who did not
live in such areas.

Professor Qui did not know if the food chain had been affected by
Agent Oran spraying. He said he had “not analyzed the conse-
quences” and did “not know if the chemicals remain in the soil or
not”. He indicated that little has been done in analyzing soil core
samples of affected areas, saying it is “very expensive” and because
of funding problems, they “can’t do it now”.

Monday, January 2, 1984

We visited with the two top officials in the Foreign Ministry, Mr.
Nguyen Co Thach, the Foreign Minister, and Mr. Ha Van Lau, the
Vice Foreign Minister. We were provided a review of the policy of
Vietnam with regard to its activities in Kampuchea and Laos, and
with regard to Vietnam’s relations with Thailand, the ASEAN coun-
tries, China, and Russia. Although the United States does not have
diplomatic ties with Vietnam, they both indicated that Vietnam hopes
to establish ties with the United States. In response to a question, the
Foreign Minister indicated he thought it would be a good idea for the
United States to establish a Consulate in Vietnam or a U.S. Interests
Section in another country’s embassy there. It was also stressed by
these Vietnamese officials that the United States should form full
dinlomatic relations with Vietnam.

In response to questions on POW-MIA’s, they stated that U.S.
and Vietnamese technicians had been meeting in Bangkok four times
a year to discuss the situation, but these talks have been postponed
because of statements by Secretary of State Shultz in Bangkok, in

5

~ e

Thus, there is a rate of birth defects in offspring five times higher
among the sprayed population than among the nonsprayed population.
Another chart showed that of 233 pregnancies during a given period,
there were 9 with birth defects, all from parents who had been exposed
to Agent Orange.

Dr. Lang also reported that they were seeing more liver cancers
than previously.

We next visited Dr. Bach Quoc Tuyen, a physician and the Director
of the Department of Hematology at the West Duc Hospital. Dr.
Tuyen is engaged in the study of chromosome changes caused by
toxic effects from chemicals such as Agent Orange and in the study
of whether or not such effects cause abnormalities in following
generations.

Dr. Tuyen was conversant with the current scientific literature on
toxic effects of chemicals, such as the Seveso, Italy and Love Canal,
U.S.A. incidents. In all these studies, there has been little attention
paid to the structure of the chromosomes of those who were exposed to
Agent Orange, and he indicated that more needs to be and should be
done in this area.

Dr. Tuyen said that Agent Orange exposure froin spraying had led
to an increase in still births and to chromosome damage or chan
which, in turn, led to an increase in birth defects, Dr. Tuyen’s studies
concentrated on the females who were exposed to Agent Orange spray-
ing. No studies have been made, however, of the chromosomes of the
male soldiers.

Dr. Tuyen further indicated that the food chain has been affected
by nt Orange and said there is a possibility that Agent Orange is
still doing damage.

Regarding military veterans who were exposed to Agent Orange,
Dr. Tuyen said that many were observed to have skin sores (chi-:r-
acne), insomnia, headaches, respiratory difficulties, and similar condi-

because of exposure. In addition to the current U.S. studies, he
recommended that the United States conduct a chromosome study on
U.S. veterans exposed to Agent Orange.

Although the pie we interviewed were always asked about the
health problems of Vietnamese soldiers who had been exposed, almost
all of the responses were that there have not been many complaints of
ill health from their veteran pulation because of Agent Orange
Some veterans have complained about skin sores, sleeplessness, head-
aches, and respiratory problems resulting from exposure to Agent
Orange. We were told that Vietnamese veterans exposed to Agent
Orange in Tay Ninh and Ben Tre Provinces suffer from chronic neu-
rasthenic problems and disproportionate numbers of liver cancers. But
there did not seem to be in the Vietnamese veteran population the fre-
—_ conviction that Agent Orange had caused them serious physical

roblems.
: T have no substantive explanation for this. I point out, however, that
the Vietnamese soldier has no Veterans’ Administration to turn to for
health care. Also, there appears to be a lack of public discussion in
Vietnam regarding Agent Orange. The general public there most
likely never heard of Agent Orange; thus they would not link health
problems to Agent Orange exposure.

births had birth defects and came from parents who were not exposed

7

August 1983. They reported that Secretary Shultz said that Vietnam
is still keeping a number of remains of American soldiers and had
branded Vietnam as “brutal and unhumanitarian”,

We spent a considerable part of the day with Mr. Kien, the Vice
Minister of Social Welfare, who has responsibility for administerin
veterans’ benefits for Vietnam’s military participants in the war. Al-
though the Minister was flanked by aides, they seemed unable to pro-
vide any precise figures or facts on the size, character, or number of
veterans in Vietnam.

Although the Ministry of Social Welfare administers programs in
40 provinces, 400 districts, and 100,000 villages, it has no system for col-
lecting numbers of persons involved in or eligible for its programs.
Thus, it was sy occ to ascertain any reliable facts on the number
of veterans in Vietnam, or how many were disabled or suffering from
exposure to Agent Orange. The Minister was unable to previde any
facts or figures that would be helpful in determining if their veterans

are suffering from any of the illnesses suspected to be caused by such’

exposure or to link the herbicide with ill effects among their veterans
who were exposed.

Nonetheless, Mr, Kien described a rather comprehensive program
of veterans’ benefits and preferences available to Victnamese veterans.
He stated that all medical care is free, including dental care and eye-
glasses, with treatment provided on an outpatient basis or at a hos-
pital. He described rehabilitation centers—eight in all—which pro-
vide prosthetic devices, including limbs and wheelchairs, He said the
Government also provides homes to which veterans can be admitted
if they are unable to work and take care of themselves. For those who
have no income or money, the Government provide: pensions. In the
area of housing, there are homes or apartments for the handicapped,
administered by another department. He said there are also educa-
tional benefits and veterans’ preferences in employment with the Gov-
ernment. If they become citizens, veterans of the Republic of South
Vietnam’s military are eligible for benefits.

January 8-5, 1984, Ho Chi Minh City

We had a tour of the Ma Da forest area of Dong Nai Province, ap-
proximately 50 miles east of Ho Chi Minh City, which had been re-
peatedly and extensively sprayed with Agent Orange. On our way to
and from the affected areas, we visited local officials who run the city
of Bien Hua.

The Ma Da forest area was described as having been a rich tropical
forest. Before being sprayed with Agent Orange, it had been a three-
tiered forest with high trees providing the canopy, and shorter trees
the next tier. Under these two tiers was the short-growth vegetation or
“jungle” floor where the animals had lived and where people inhabited
villages on the roads transversing the forest.

The widespread destruction of forest and jungle is very apparent.
Here and there, we observed tree trunks without foliage, obviously
dead. In place of the tropical forest, there are sickly grasses and plants.
There is no apparent animal life. The Vietnamese Government has con-
structed a few camps where teams are planting new rubber trees, b.t
the planted trees appear unhealthy and unlikely to survive.

-


8

The Vietnamese claim that the soil has lost its fertility and cannot be
restored for at least a half century, and then only if expensive restora-
tion programs are instituted. They also state that drainage of the di-
oxin into the rivers has resulted in widespread destruction of fish and
waterplant life.

We next visited the Tu Du Hospital for Women, a hospital ial-
izing in gynecology and maternity cases. This hospital is the lar
of its kind in South Vietnam. We were briefed by Dr. Bac Si and her
assistants on a birth defect and baby malformation program that has
been in process here for many years. We were impressed with the study
and the a praeyT which seemed more reliable than previous studies
piven to us. The data showed a dramatic increase in the rate of

irth defects over the extended period of the 4 amor In addition,
64 percent of the women who were at the hospital during the stud
su hyp from cancer of the uterus were from areas sprayed wi
Agent Orange. The Tu Du program did not include a study of the
fathers of the babies in the program.

In our tour of the hospital, we also visited a ward of 16 women in
their late teens and early 20’s who were suffering from uterine cancer.
The emphasis of the work at this ae a was on the toxic chemicals
being stored in womens’ bodies which cause cancer of the uterus in
women and genetic changes affecting offspring.

The Vietnamese are convinced that women, who as girls were living
in villages sprayed with Agent Orange, are more likely to have cancer
of the uterus and to have offs ring with birth defects. Doctors at hos-
pitals in both Hanoi and Ho Chi Minh City expressed this view. They
showed us charts and data sheets to support their conclusions. For ex-
ample, one data sheet indicated that at Tu Du Hospital, in just the past
year, there had been nine Siamese births, seven of which were to
mothers who had been aga to Agent Orange. The doctors claimed
that birth defects were far above average ohare the mother or the
father had been exposed to Agent Orange.

The chief concerns of the Vietnamese regarding the effects of Agent
Orange in their country are not on the healt problems of their male
military veterans. Their concerns and studies concentrate on the
women who were exposed to Agent Orange spraying, the birth defects
and deformities of babies whose mothers were exposed, and the
damage to nature and natura! resources. This probably reflects the fact
that Agent Orange exposure was not limited in Vietnam to the male
military population; many females, in both the civilian and military
populations, were also exposed. In addition, Vietnam is a poor, agrar-
lan country whose population has been decimated by decades of war.

training, they told him someone in his family, I think it was his
mother, had died. They told him they wouldn't let him go to the
funeral. They did this to break David. They wanted to make him
into a killer. They teach you to kill or be killed.

6. David was anxious to join the service to serve his country.
But they had to train him to be an aggressive fighter because that
is not his nature. David used to talk to me about Viet Nam. What
he told me gave me chills all over. David told me guys stepped on
mines and got blown up. He saw lots of people get killed.

7. And it wasn't just the fighting that David had to deal
with. The Ku Klux Kaln was inside the military. David was never
safe. He never knew when he would die. For the whole time he
was over there, he knew that any second might be it. The mind
can take so much pressure, and then it snaps.

8. David told me that once he was punished for something
while he was in Viet Nam. He said he was confined in a little
box. People would walk by and kick the box and say, "Are you
ready to go fight yet?"

9. I remember coming home one night during this time, and
my mother said, "I've got bad news to tell you. A friend of
yours was killed in Viet Nam." And I said, "David?" And she
said, "No, Tony was killed." Tony was David's and my friend.

He was nineteen. I cried all that night. And all they sent home
was a rock and his dogtags. He'd stepped on a mine.
10. And then Tucker got killed. He was another friend of

ours. All of David's friends were getting killed there.

ll. Some of the things that David told me about Viet Nam
I had to forget. They were so bad. I had to forget them. I
don't want to hold hatred in my heart. I used to tell David, "Man,
I'm glad you're back. I'm just glad you're back."

12. David didn't know his true self after Viet Nam. His
money was gone quickly when he came back. He was drinking every
day. He was uSing drugs too. David told me that he took drugs
in Viet Nam to do what he had to do. After he did drugs for
awhile, he got used to them.

13. I would sometimes drink with David when he got back. But
David would just grab the bottle and drink right out of it. I said,
"We're not winos, we don't drink like that." But that was how
they had drunk when they were in Viet Nam, right out of the
bottle.

14. David's nerves were bad when he came home. To me it
seemed as though he were hypnotized. He was still in Viet Nam.

I told him that there was something on his mind, he had something

bothering hin. His personality would change on me. He would

be alright and then he would click. There was a girl named

Doris we both liked. She played the game well, but after awhile

we found out she was seeing both of us. David said something like

"I can take you out in one punch, they taught me how to." He

was like a time bomb. ‘The pressure was building and building up.
15. It was hard for David to find a job when he got back.

He would say, "Man, I went all the way to Viet Nam, I fought,

I went through all that, and now I can't finda job." Then he

Before me, the undersigned authority, this day personally
appeared SOLOMON MOORE, who, being first duly sworn, deposes
and says:

1. I knew David Funchess for many years. Before
he went into the service and went to Viet Nam, he was very
quiet. After he came back, he was a different David. He
just seemed to keep things bottled up inside him and he
would be all jumpy and nervous and it was hard to get a
good conversation out of him.

2. When he got back, he never would mingle with
people in a crowd. He would talk one-on-one, but that's
all. You had to be the only one talking to him and that's
all. He couldn't talk to more than one person at a time.
He really kept things to himself. He never did like crowds
much, but this was different. He seemed like he couldn't
stand to be around people. He would come to Florida Avenue
to get drugs, or go down on Ashley Street, but then we wouldn't

see him again for a few hours till he needed more drugs.

3. David used to be a very neat and clean person,
but after Viet Nam, his appeaiante went down something terrible.
People began backing off from him because of that. He really
looked awful most of the time. There were many times when I
was sure David was having flashbacks about Viet Nam. He
really acted crazy and it wasn't because of drugs. It was

definitely something more than that.


found a job as a porter. The people where he worked were kind
of snotty, and criticized his work. It was hard for David that
he had been all the way to Viet Nam, and people still didn't care.

16. I still can't conceive of what they say David did. He
was with me the day before it happened. We were painting the
house. I introduced him to my mother-in-law and she said, "That's
the nicest gentleman." I just can't imagine David getting in a
fight, or even hitting someone. I believe he must have had a
flashback, or been hypnotized when it happened. Maybe it was
the drugs that did it. He was never violent. If I had thought
he was violent, I wouldn't have taken him home to my family.

17. There was so much stress and strain for David. Basic
training was so bad, and then Viet Nam, and then no job, and
you can go insane with that kind of pressure, and not know what
you're doing. Nights I lay awake always trying to figure out
what triggered this. It was drugs or a flashback, but it wasn't
David that did it.

18. I would like to tell Governor Graham something. I would
like to tell him that if it is a life he wants, take mine, and

let David live. We need David, we need his mind and his intelligence.

FURTHER AFFIANT SAYETH NOT.

Aeororny A, Nodes

LEONARD HOLMES
th

Sworn to and subscribed before me this 'Y day of April, 1986.

NOTARY PUBLIC ()
Notary Public,

r

My commission expiresy ©. >

a)
~~
con
‘

Re

Psychological Report
David L. Funchess
3 May 1982

intrusive thoughts and his intense difficulties with the "push" of
emotions. Despite his disavowal, the several incidents which follow
figure prominently in his troubled thoughts and dreams as well as in
his psychological difficulties.

Almost immediately after entering Vietnam, Mr. Funchess reports
finding himself on patrol near the Demilitarized Zone and Laos. He
relates this memory with the puzzled comment that he can only
remember the action occurring in a central focus of intense and vivid
color with a dull and blurred gray periphery. He then notes that his
memory of this event is totally without sound.

In the incident, Mr. Funchess is walking on patrol several
paces behind the point man. The blurred form of a rocket emerges
from the right periphery, striking the point man in the head and
blowing his head completely off. Then, in astonishment, he describes
the body continuing to walk, carrying the rifle for several steps
while headless, before collapsing. Mr. Funchess described himself as
being numb and fascinated rather than shocked or surprised. He then
reports watching, as if from a distance, while ants began swarming
over the body.

The second incident took place at Con Thien overlooking the
Demilitarized Zone. During the summer of 1967, the Marines at Con
Thien took a great deal of incoming artillery fire. Often the fire was
timed to coincide with the times when the Marines were leaving their

bunkers to eat their meals. Mr. Funchess describes often taking two

~ 14 -


Psychological Report
David L. Funchess
3 May 1982

plates of food so that when they got hit he had a 50% change of
saving his meal.

On the day of this incident, he was out in the open, crossing
the compound, about 10 or 12 feet from a large drainage pipe, when
the mortars began hitting around him. As in the earlier incident, he
describes his behavior in terms consistent with a dissociative episode.
"It's as if it wasn't real," said Mr. Funchess in our interview. "The
colors got real vivid and it seemed like 1 flew cen the air
backwards ten or twelve feet into the drain pipe. Again, there was no
sound and it's as if it were in slow motion."

These incidents would be described in psychological terms as
dissocative episodes.

The third incident also occurred near the Demilitarized Zone. It
was on this operation that Mr. Funchess was wounded. And, again,
his description and experience of the event was dissociated. Mr.
Funchess dz2scribed himself with his unit velking on patrol in a
valley with ten or fifteen men ahead of him. He heard the explosion
and again the colors became quite vivid. "The colors were intense,"
he said in the interview, "like just after a hard rain." He knew he
was wounded. In the interview, he remarked, "Il told my self, ‘Oh,
my God, the bastard got me.' Time was distorted. I knew it was me,
but it just seemed like it was something that happened. Everything
was clear. 1 remember then calling in a Med Evac. It just didn't

seem real."

we 15

Psychological Report
David L. Funchess

3 May 1982

Mr. Funchess had shrapnel lodged in his left ankle and right
leg. He was evacuated from Dong Ha to Phu Bai and on to a naval
hospital in Japan for three months. The next thing he remembered was
being admitted to Ward 3B at the Naval Hospital in Norfolk, Virginia.
He was stunned to discover he was on a psychiatric ward with a
diagnosis. of Psychoneurotic Depressive Reaction. (Prior to the
introduction of Post Traumatic Stress Disorders in the récent DSM Ill,
many cases of this disorder were classified as Psychoneurotic
Depressive Reaction.) After thirty days, he was released and returned
to duty.

Mr. Funchess appears to understand little of what occurred
during his hospitalization. His military medical records obtained by
his attorney, Mr. White, contain no records of the treatment of the
injury in Japan or of his hospitilization at Norfolk. While not an
uncommon occurrence, this omission hampers our current ability to
assess the precise behavior manifested by Mr. Funchess. which
warranted psychiatric hospitilization.

After his hospital discharge and return to duty, Mr. Funchess
found military life without purpose. Many veterans, especially
minorities such as Hispanics, Blacks and American Indians with strong
traditions of respect for the warrior status, were very exemplory in
preparation for and during combat but found garrison life tedious and
meaningless. As was the case with many others, Mr. Funchess reports

not understanding what purpose he was serving in the military after

- 16 -

Psychological Report
David L. Funchess
3 May 1982

Vietnam and therefore left when he saw himself serving no purpose for
his country. Such absences finally resulted in an administrative
discharge from the Marines.

What is striking about Mr. Funchess' military career is that he
received excellent ratings for proficiency and conduct during training
and especially during combat in Vietnam. His only poor ratings
occurred during two times of intense stress. The first time occurred
after his brother was shot and he remained home without authoriza-
tion. The second time was the period after he had been hospitalized
with the common diagnosis used prior to the recognition of Post
Traumatic Stress Disorders and during a period when he found no

sense in the services he was performing.

Post-Service History

Such meaninglessness seems to have pervaded the post service
period in which we find the pattern of Mr. Funchess typical of many
veterans. The pattern consists of drifting and of a spotty work record
of multiple menial jobs with frequent periods of unemployment. The
Combat Stress Scales and Impact of Event Scales, administered during
this assessment to measure stress reactions as well as. other
psychological symptoms, indicate a pattern of stress symptoms.
Intrusive thought, nightmares and cognitive difficulties, as well as a

complimentary pattern of numbing and the use of alcohol and drugs to


JOHN RUSSELL SMITH Page Six
046-34-0667

PUBLICATIONS, MAJOR PAPERS AND GRANTS

Smith, J.R. "A Review of the Literature on Psychological Reactions to
Combat from the Civil War through Vietnam, 1860-1980." In A.S.
Blank, Jr., S.F. Sonnenberg, and J.A. Talbott (eds.) Vietnam Vet-
erans and Post Traumatic Stress Disorders. American Psychiatric
Association, Washington, D.C., (In preparation).

Smith John Russell. "Group Interventions with PTSD in Vietnam Veterans”.
In A.S. Blank, Jr., S.F. Sonnerberg, J.A. Talbott (eds.) Vietnam
Veterans and Post Traumatic Stress Disorders. American Psychiatric
Association, Washington, D.C. (In preparation).

Smith, John Russell. "Individual Psychotherapy with PTSD in Vietnam
Combat: Vetefans’..-In A.S Blank, -Jr.,. S.F. Sonnerberg, J.A. Talbot
(eds.) Vietnam Veterans and Post Traumatic Stress Disorder. American
Psychiatric Association, Washington, D.C. (In preparation).

Smith, J.R., Parson, E.R., and Haley, S.H. "Remarks on Health and

Disorder in Vietnam Veterans."" American Journal of Orthopsychiatry.
1982, 52. /520°

Smith, J.R. ''Commonly Asked Questions about Post Traumatic Stress Dis-
orders.'' Statement prepared for the Senate Veterans Affairs Commit-
tee, Washington, D.C., April 30, 1981.

Smith, J.R. "The Roles, Stages and Functions of Rap Groups in the
Treatment of Post Traumatic Stress Disorders." Paper presented at

Symposium on Veterans, Department of Psychiatry, Dartmouth Medical
School, November, 1980.

Smith, J.R. "Toward a Model of the Stress Recovery Process." Paper
prepared for the American Psychiatric Associaticn, 32nd Institute on
Hospital and Community Psychiatry. Boston, September 1980.

Smith, J.R. "Differential Diagnosis and Combat Stress Reactions." Unpublish-
ed Manuscript, Duke University, December 1979.

Smith, J.R. "Combat Stress Scale." Paper prepared for the Center for Policy
Research, July 1978.

Smith, J.R. "Combat Scale For Vietnam."" Paper prepared for the Center for
Policy Research, June 1978.

Smith, J.R. "Self-Help Groups for Vietnam Veterans", paper presented at
Annual Meeting of American Ortho-Psychiatric Association, New York,

1977. -

Shatan, C., Haley, S. and Smith, J.R. "DSM-III and Combat Stress"
Scientific Proceedings of the 1977 Annual Meeting of the American Psy-
chiatric Association, Toronto, 1977.


JOHN RUSSELL SMITH
046-34-0667

8/72-6/73

2/71-6/72

9/71

5/71

12/70

Misc.
1957-70

Page f

MISCELLANEOUS EMPLOYMENT (Cont.)

Formed AARDVARK Construction Co. Training project for vet-
erans with bad discharges.

Regional Co-ordinator, Vietnam Veterans Against the War,
New England Chapter.

Produced and directed half hour TV program on Veterans
and Vietnam for NET Channel 24, Hartford.

Delegate from Catholic Commission of Inquiry to Paris Peace
Talks.

Produced Slide Film on Vietnam and its people "Sorry About
Frat".

Various jobs as carpenter, electronics technician, chemist,

truck driver, milkman, salesman, cashier and
laborer.

JOHN RUSSELL SMITH Page Seven
046-34-0667

Smith, J.R. "Proposal for the Inclusion of Combat Stress Reactions DSM-
paper for’ DSM-ITl - Task F.

; TTI"
orce of American Psychiatric Association,
June 1976,

Smith, J.R, "Treatment Considerations for Vietnam Veterans"; Paper pre-
Sented at annual meeting, American Orthopsychiatric Association,
Atlanta, 1976.

Smith, J.R, "Employment Problems of Veterans in a Prison Release Pro-
gram", paper presented at annual meeting, American Orthopsychiatric
Association, Atlanta 1976.

Grant with Dr. R.J. Lifton for Study of Vietnam Era Men
Hazen Foundation ($40,000)

Grant for DSM-11I1 Proposal
United Presbyterian Church ($1000)


7 ( FAYE |. GIRSH, Ed. 0..°C. (.
Clisical & Forensic Psychologist

PSYCHIATRY AND LAW CENTER

SUtd te Avtnre
San Drege, Cath Y21Od
CoE ty Sa Hees

November 1, 1979”

William White, Esquire

Chief Assistant Public Defender
Duval County Courthouse

330: 2... Bay. St.

Jacksonville, Filia. 32262

RE: David Livingston Funchess
Case No. 75-169 CF
Division R.

Dear Mr. White:

Pursuant to your request I performed a psychological examination
on the above-captioned defendant at Duval County jail on July 2,
1979 for approximately two and one half hours. Specific assess-
ment instruments included a Draw-A-Person Test, the Monroe Episodic
Dysfunction Scale,and interview.

Collateral materials reviewed for this report include: 2 psychiatric
reports. .from Dr. @rnest Miller dated April 24; 1975 ‘and August 20,
1979; Judge Duncan's original sentence dated July 18, 1975; and

the original pre-sentence report of 1975..:in addition, my .opinion

is based on hearing the testimony of Mrs. Funchess on July 3, 1979,
conversations with you in July and September of this year, and on

a telephone conversation with Dr. Miller in July, 1979.

In May 1975 the defendant was convicted by a jury on two counts of
first degree murder in the commission of a robbery which occurred
December 16, 1974. The jury recommended a sentence of death which
was affirmed by Judge Duncan. The defendant contended, at that
time, that he did not commit the murders. For the past four years
he has been on Death Row in_Florida State Prison.

Although his initial appeal was denied by the Florida Supreme Court
and certiori was denied by the U.S. Supreme Court, he was granted

a new sentencing hearing in July 1979 following a re-appeal to the
Florida Supreme Court. I examined him in preparation for this
hearing to determine whether there were factors in mitigation of

a psychological nature which should be heard. I testified before
Judge Duncan on July 3. Sentencing has been delayed pending further
review by the Court.

The psychological-legal issues center on mitigating circumstances
of a psychological nature and the potential for repeated dangerous-—
ness.

Attachment I

P TION OF BERBSICIDES IM VI WAR
1962- Aug-

Jul Dec.
agent 19638/ 1963 1966 1967 eet oe a8 Lemar 397] Total

Orange .37 1.64 3.17 2.22 3.28 .57 -00 11.22

white -- 0 .83 1.33 2.13 1.02 -22 .01 5.26
Bive == 0 102 38 128 26 18 00 12

- SOTAL 1.327 27 2.19 4.88 4.63 4.83 97 01 18.85

a/ Detail by type of herbicide not available

a L*) 3 u 65-197

Activ. Military

chenical application Millions of gallons
Agent components gate (1b./acre) ysed, Aug. 1965 to 1971
Orange 2,4-0 12.00

2,4,5-% 13.80 11.22
White 2,4-0 6.00

Piclocas 1.62 §.24
Blue Cacodylic

acid 9.30 4422

Total 17.88

EE

sources “The Btfects of Zecbicides in South Vietnas,*
Wational Academy of Sciences, Feb. 1974.


-Attachment II

SOUTH VIETNAM
HERBICIDE ORANGE MISSIONS

Prepared Ly the General Accounting Office (CFD-79-22)

Dioxin per million or billion gallons of water). The contaminant
of 2,4,5-T is TCDD which has resulted in death; damage to liver,
kidney, heart and bone marrow, and lymphid tissues;
deteriorations of thynia; atrophy of cellular tissues; cellular
alterations; and genetic damage and cancer when given to
laboratory rats even in parts per trillion. (Uhl, M. and..Ensign,
T. "G.I.Guinea Pigs," New York: Playboy Press, 1980, pp. 140-
172.] In the United States, applications of 2,4,5-T at 1/13th
the vietnam concentrations have reportedly caused people living
in the area to develop nervous disorders, dizziness and other
conditions as cited above. [Uhl, M. and Ensign, T. "G.I. Guinea
Pigs," New York: Playboy Press, 1980, p. 215.]

Perhaps the most alarming aspect of exposure to toxins by
Vietnam service personnel is the widespread ignorance of its
effect. Even the veterans reporting to VA hospitals and
treatment centers have run into a wall of ignorance about the
effects of Agent Orange and other toxins. ["The Effects of Agent
Orange and Relate Herbicides on Returning Vietnam Vetrans",
Calif. Assembly Select Committee on Veterans Affairs, Lawndale,
CA July 30-31, 1981, passan.] One of the few conditions
recognized by the VA as possibly resulting from Agent Orange
exposure is chlorance. This is a dermatological disorder. The
International Agency for the Research of Cancer has noted that
exposure to 2,4,5-T and other material containing TCDD can also
cause neurological as well as psychiatric disorders. The

psychiatric disorders include:

Neurasthenic or depressive syndromes; the

neurasthenia was reported to be characterized

by altered basic frame of mind, lack of drive

and vigor, sleep disorders, emotional

instability, such as a tendency to anger or

irritability, and diminished libido or

potency.
[General Accounting Office, "Health Effects of Exposures to
Herbicide Orange In South Vietnam Should Be Resolved," (CED - 79-
22), 1979. pp. 17-18.)

The failure of the medical community to recognize the
problems and illnesses of the Vietnam Veteran are made even worse
when that veteran is a part of the prison population. ["Hearing
on Incarcerated Veterans", Calif. Assembly Select Committee on
Veteran's Affairs, Sacramento, Calif., Dec. 1, 1983, pp. 38-46.]
Veterans, such as David Funchess, who have rashes which might be
chlorance in nature [Funchess, D. - prison medical records] are
at best treated for the rash or at worst in prison for crimes

committed because of conditions brought on by experiences of a

war they have yet to come home from.

Before me, the undersigned authority, this day personally
appeared DELLA HUITT who, being first duly sworn, deposes and
says:

1. My name is Della Huitt. I live at 667 Franklin Street,
Jacksonville, Florida, 32202. I am 63 years old, and I have
lived at this address for the vast 33 years.

2. My house is directly across the street from the house
where David Funchess' family lived when David was coming up. I
saw David every day, and I knew him and his family well.

3. David was always very quiet. He kept to himself and
was never rowdy. He wasn't a troublemaker, and I never knew him
to be in any fights.

4, David wanted to keep to himself. I never would see him in
a crowd. He just seemed to want to be by himself.

5. I never knew David to be involved in any violence. I
really was surprised when I heard of the charges against David.
He was always so polite and quiet, and I never knew him to do
anything violent.

6. If any lawyers had contacted me at the time of David's

trial, I would have talked to them, and told them what I knew

It really shocked him. His daddy was always mean to him, and he
was real close to this older brother.

5. David really had changed a lot when he came back from
Viet Nam. He came back changed. It looked like he was all to
himself. He wouldn't talk much. I saw him every day, and I told
him he was brainwashed. He wouldn't say anything to anyone, and he
was always be himself.

6. I saw David the morning they say he conmitted this crime.
When I heard about it, I thought to myself that he couldn't have
done it. I didn't think that anything like that was coming. David
was too quiet to do anything like that.

7. I would have talked to David's lawyers if they had ever

asked me. No one asked me what I knew about David.

FURTHER AFFIANT SAYETH NOT.

‘thawh CoP sl

MARYLOU COOPER

Sworn to and subscribed before me this /7 day of April, 1986.

Mossot tL, bow

’ PUBLIC

My commission expires:

Blots Tate, Grate ef Horida
: . - . 2 . “ye 129
My Comiasice Evpwes Chara 29, 1529

Bonded Thru roy rain - insurance, inc.


Before me, the undersigned authority, this day personally
appeared MARYLOU COOPER, who being first duly sworn, deposes and
says:

1. My name is Marylou Cooper. I live at 670 Franklin Street,
Jacksonville, Florida, 32202. I am 638 years old and I lived here
when David's farmily moved here.

2. I have known David Funchess all his life. The house he
lived in while caming up was right behind my house, and I saw him
every day. I helped to provide for the children in that family.
The mother was sickly, and the father had other women on the side.
The children all called me grandmother. I remember seeing David's
mother whipping the children until I would say, "Leave that boy
alone, you done whipped him enough."

3. David was always quiet and polite, and never was in trouble
as a child. He played nice with the other kids in the neighborhood,
and didn't do any fighting. Sometimes David would come to Sunday
school at my church with my children. He had respect for me. If
I knew he'd done something wrong, I would tell him so, and he wouldn't
do it anymore.

| 4, David was close with his older brother Wenis. They were
the oldest boys, and they were together all the time. When Wenis
was killed, David came home from the service for the funeral. It

seemed like losing Wenis worried hima lot. He had it on his mind.

APPENDIX 11


APPENDIX 15


APPENDIX 14


APPENDIX 12


APPENDIX 13

APPENDIX 10


ee we ee
Le Lk Cate £
oo

Sworn to and subscribed before me this /< day of April, 1986.

?/ om

ar
LEK LE Ue / Lette bus. bn Aah a,
Qe

-

NOTARY PUBLIC

My commission expires:
f oe Pbk: State of Florida

ty Catiutssion kopires March 25, i339
Bonded Thru (oy Fain - Insurance, lac,

Before me, the undersigned authority, this day personally
appeared FRED HENDON, who, being first duly sworn, deposes and
says:

1. My name is Fred Hendon, and I ama biology teacher. I
have lived in the neighborhood where David Funchess grew up for
60 years, and I have taught for 31 years.

2. I have known David Funchess all his life. David grew up
in this neighborhood, less than a block from my house. I taught
at Matthew Gilbert High School at the time David attended that
school.

3. I never knew David to cause any trouble. He was a normal
student. He was always quiet and respectful. He was a regular
American kid; there wasn't anything about him that stood out.

He didn't leave a mark; you hardly knew he was around. Whenever
I saw him, he was mannerable and respectful.

4, When David came back from Viet Nam, he was always on the
go. He wsed to stand and talk to me for 20 or 30 minutes at a tine,
but after he returmed from the service, he would only talk fora
couple of minutes and then be gone. He had a rapid mannerism;
he was always on the move. It seemed he had more energy after

Viet Nam than before.


5. David wouldn't talk to me about his experiences in Viet
Nam. I couldn't get anything out of him about the war. I would
ask him about it, because I was interested in the experiences
of the young men fighting in that war. I would talk to people who
had been over in Viet Nam, and ask how it was. But David
wouldn't talk to me about it.

6. None of David's defense lawyers talked to me about
David, or asked me for any information. If anyone had contacted

me, I would have told them what I knew.

4 wk DlhenLow

FRED HENDON

Sworn to and subscribed before me this /Oday of April, 1986.

Cc

My commission expires:

Notary Public, State of Florida

My Commission Expires siarcn 23, 109

Bonded Thru Trey F2in - insurances, ine.

5. When I knew David in high school, he did not go hang out
on Florida Avenue or other streets in the neighborhood. It would
have been unfit for a person like David to do that; he was too
smart and well mannered.

6. In his right mind, David would not have taken someone's
life. When the mind slips, you can easily do something shameful.
If I could talk to Governor Graham, I would tell him that if
David had another year to live he could change a lot of lives.
David is a saved Christian, and he could couple his brains with
his need to save people. He could make a difference for people

who are in prison and who are going to get out.

My commission expires:

yy

Boslad frra vtey Gomes bataiance, Ing.

Before me, the undersigned authority, this day personally
appeared FERNTANZY BROWN, who being first duly sworn, deposes and
says:

1. David Funchess is a very close friend of mine, and I have
known him for years. I knew David from school and from the
neighborhood.

2. David always was a quiet person. Viet Nam changed him
completely. David brought a drug habit back from the war. Before
he went to Viet Nam, David could wait for anything he needed. He
would say he needed something and we could talk about it and see

when it would happen. But afterwards, he couldn't wait. He would

say, "Man, if you got to do it like that, do it." He was jumpy and

jittery and he had no patience.

3. David was not involved with drugs before he went to Viet
Nam. After the war, he couldn't get through a day without drugs.

I know that David had a heavy drug habit because we used to shoot
drugs together five or six times a day. We did this every day.
We would hang together and do drugs. We would shoot up first at
about 8 or 9 in the morning. Everybody was high in the morning,
and looking for ways to get more drugs.

4. I know that David was on drugs the whole time between 1969
and 1974. Before his arrest, his appearance was going down. His
hair was nappy. He didn't take care of himself. His clothes
were dirty and smelly. People started backing off from him, he was

so far down. I would look at him and tell myself I would never let


myself get like that.

5. When a person is high on drugs every day for months and
years, he can't function right. His mind doesn't work right. All
he can worry about is feeding the monkey on his back. When the mind
is influenced by drugs, you'll do anything. I know what it is like
to use drugs, and I do not believe that David was capable in any
way Of helping the lawyers in his case. He couldn't have talked
to them. He couldn't have told them what they needed to know to
help him. I know that David was using drugs every day and I know
what he was like when he was high. He was really out of it.

7. I got off drugs cold turnkey by leaving town. I had to
go away from here to quit. But I was able to do it and I don't
use drugs now.

8. David never talked about Viet Nam. He just wouldn't
talk about it. He never hung out in the streets, on Florida
Avenue or on Ashley Street, the main hang-outs for Black drug
users and street people, before he went into the service.

9. There are many of us who knew David back in 1974 who
could have told about his drug habit and about how Viet Nam
changed him. Nobody ever came to us. As street people, there
is no way we would have gone downtown and volunteered to tell what

we knew. But if someone we knew and trusted who was working to


help David came to us, we would have talked to them.

Sornlangy Dsbulh

FERNTANZY BROW”

Sworn to and subscribed before me thisl15thiay of April, 1986.

NOTARY PUBLI
anni Hotary Pu Pub blic, State of iil
My c LSSi0n expires: My Commi: ie | bog: wes Aus. 29,

Bonded y soy et Pains utsuraace «1c.

iS)

Psychological Report
David L. Funchess
3 May 1982

unconstrained circumstances outside of prison following an
extended period of extreme stress and drug usage.

6. In a physically secure and structured environment such as
prison, Mr. Funchess is unlikely to severely tax his
overcontrol as has been amply demonstrated by his model
behavior for the past seven years.

7. While this disordered condition was noted by military
psychiatrists and resulted in psychiatric hospitalization at
Norfolk, appropriate diagnosis and effective treatment were not
afforded Mr. Funchess at that time.

8. The tools for recognition and treatment of this condition were
not widely available at the time of the original trial or at
subsequent hearings.

9. Effective treatment interventions are now more readily avail-
able for cases of Post Traumatic Stress Bisoeders even within
prison systems.

10. The defendant is in acute need of proper psychological
treatment for this disorder. Most other usual interventions will
be ineffective or even  counter-productive. However, Mr.
Funchess' condition is one highly amenable to proper, timely

and conditioned treatment.


Psychological Report
David L. Funchess
3 May 1982

Recommendation

From a mental health perspective, it is highly likely that Mr.
Funchess would respond extremely well to a course of treatment
specific to Post Traumatic Stress Disorder. Such a treatment is now
available at such places as the Bay Pines VA Hospital in St.
Petersburg and is being implemented at the Federal Correctional
Institution, Butner, N.C.

It is my recommendation that Mr. Funchess be afforded extended
psychological treatment for his condition of Post Traumatic Stress
Disorder. To be effective, such treatment must be conducted by a
therapist thoroughly experienced in the treatment of Post Traumatic
Stress Disorder. The treatment must be administered in a physically
secure environment until such time as Mr. Funchess has progressed
sufficiently to have mastered alternatives to the rigid overcontrol
which currently renders him potentially dangerous when such
overcontrol fails. Additionally, effective treatment for stress disorder
of Mr. Funchess’' type is best conducted in a situation where there
are other veterans with a similar condition undergoing the same
treatment. Such an environment should also include opportunities for

public service, for example, to a fellow inmate population.

Psychological Report

David L.
3 May 1982

Funchess

Brief History

3/16/47
1957
1960
6/65
7/65
11/65

11/66

1/67
3/67
5/67
6/67
8/67

10/67

1/68
10/68
3/69
7/69
9/69
9/18/69
11/69

DLF born second child of eight children.

DLF's mother's husband reveals that DLF is not his son.
DLF locked in woodshed by stepfather.

DLF graduates from Gilbert High School, Jacksonville.
DLF enters U.S. Marine Corps.

DLF completes infantry training and is assigned to the
Third Battalion, Sixth Marines, Camp LeJeune.

DLF's older brother shot and killed in Jacksonville. DLF
goes AWOL.

DLF surrenders in Jacksonville.

DLF convicted of AWOL by Court Martial.

DLF to Staging Battalion, Camp Pendelton, California.
DLF to Vietnam with Third Battalion, Ninth Marines.

DLF wounded in Vietnam and transferred to Naval Hospital
Japan.

’

Psychiatric hospitalization, Naval Hospital, Portsmouth,
Virginia.

DLF returned to duty as infantryman, Camp LeJeune.
DEF goes AWOL: |

DLF returned and confined.

DLF returned to duty.

DLF goes AWOL.

DLF awaiting Court Martial.

DLF given undesirable discharge.

Psychological Report
David L. Funchess
3 May 1982

Summary of Findings

Is

Mr. Funchess is currently suffering a severe form of psychi-
atric disorder known as "Post Traumatic Stress Disorder,

Chronic." (Code 309.81, Diagnostic and Statistical Manual of

Mental Disorders, American Psychiatric Association, 1980).

This diagnosis and the behavioral characteristics of it are
consistent with the data noted in previous psychological and
psychiatric reports. The specifics of this newly recognized
diagnosis clarify discrepancies between the earlier reports.

Mr. Funchess had a mild form of Post Traumatic Stress
Reaction stemming from a childhood traumatic incident and
resulting in significant suppression of emotion. This condition
rendered him in no way dangerous or violent.

The military experience of Mr. Funchiess, including the death
of his brother and especially his combat experience in
Vietnam, exaccebrated this cond.tion resulting in a sevece case
of Post Traumatic Stress Disorder. This disordered condition is
manifested primarily by intrusive thoughts, extreme overcontrol
of emotion and hostility, lacerating guilt and dissocation or
mental distancing during times of intense stress.

This stress disorder, and the overcontrolled manner in which
Mr. Funchess manages it, render him dangerous on the rare
occasions when such overcontrol and dissociation are over-

whelmed. Such circumstances are likely to erupt only in

APPENDIX 17

ad es* 4

JOHN RUSSELL SMITH
046-34-0667

5/81-Present

8/73-5/81

6/80-Present

9/75=9/79

12/77-5/78

4/74-5/74

2/72-3/72

Fall 1979 - Present

Page Three
RESEARCH EXPERIENCE (Cont. )
Co-Editor - International Journal of Traumatic Stress
(Forth-coming).
Research Assistant - Center For Policy Research, New York

Initiated, convened researchers and sought initial
funding ($100,000) for major national psychosocial
study of impact of Vietnam War on entire genera-
tion of men at risk. Involved in design, pretest
and clinical interviews in US and abroad. Designed
combat and stress scales. Resulting in 5 volume
study: Legacy of Vietnam, U.S. Government Printing
Office, 1981.

Consultant - Ford Foundation International Affairs Division.

Advisor on veteran affairs and the role of minori-
ties and women in the military.

Consultant - American Psychiatric Association, Stress Dis-

order Subcommittee of the Diagnostic and Statisti-
cal Manual (DSM-III). Funded by a grant from
American Orthopsychiatric Association to review
literature and develop and propose new section
catastrophic stress reactions. Report resulted
new category in DSM-III.

Consultant - Presidential Commission on Mental Health, vet-—

eran subcommittee. Collaboration on report.

Consultant - Congressional Committees on Veterans Affairs

Prepared report cf current needs uid programs of
Vietnam era veterans.

Consultant - U.S. Army. Through Yale Drug Dependence

Institute evaluated Drug education program in US
Command, Europe.

TEACHING EXPERIENCE

Consultant - Psychiatry/Psychology staff, various medical

centers, one to two day colloquia/grand rounds on
research and treatment cf Post Traumatic Stress
Disorders for professional staff of university,
state and VA medical centers in Hanover, N.H.,

New Haven, Ct., Boston, Mass., Winston-Salem,
and Fayetteville, = N.C., West. Haveny Ct.,. San
Francisco, Cals, ‘Atlanta, Gas, Detroit... Mien

Hartford, Conn.

, HN RUSSELL SMITH
046-34-0667

9/78-Present

9/79-Present

9/79-Present

9/79-Present

/79-Present

9/80-Present

4/80

9/79-5/80

1/76-12/76

1/71-5/74

Spring 1980-Present

Page Two

CLINICAL EXPERIENCE
Staff Therapist - Duke Psychological Services Center Durham,
N.C. - primary clinical training facility for Duke

University Clinical Training Program. Experience
with child, family, adult assessment and treatment.

Group Therapist - Duke Psychological Services. Primary re-
sponsibility for adult group therapy.

Consultant - Veterans Administration Central Office, Washing-
ton, D.C. Clinical Consultant to mental health and
behavioral science service. Responsibilities include
group supervision, case and crisis consultation.

Consultant - Veterans Administration, Disabled American vet-
erans. Consultation on inpatient and _ outpatient
group therapy. Fayetteville, Charlotte, Winston-
Salem, N.C.; Newark, N.J.; Salt Lake City, UT.;
San Francisco, a1: 3 Tampa, Fla.; Knoxville,
Tenn.; West Haven, Ct.

Consultant - US Senate and House Veterans Affairs Committees
on Psychological readjustment legislation.

Consultant - State and Federal Courts, Eastern USA. Psycho-
logical assessment for differential diagnosis in
traumatic stress criminal cases.

Consultant - City of Durham. Psychological assessment of five
finalists for Public Safety Director. Responsible for
assessment and report on two candidates.

Consultant - Roanoke Rapids (N.C.) City School System.
Psychological consultant to principals and teachers
at elementary, middle and high schools. Assessment
of emotional and learning problems.

Chief Field Worker - DEROS Veterans Services, Yonkers, N.Y.
Counseled and ran groups for inmates and recently
released veterans from Westchester County Peniten-
tiary.

Group Co-Leader - Initially member of veteran rap groups.
Developed into co-leadership of groups for 3 years.

RESEARCH EXPERIENCE

Research Consultant - American Psychiatric Association, Ameri-
can Ortho-Psychiatric Association, VA Central Office
Cooperative Studies Division. Peer review of re-
search proposals. Research design consultation. Re-
view of submitted journal articles.


baie |

“OHN RUSSELL SMITH
)46-34-0667

Spring 1980

Fall 1979

Fall 79-Present

Spring 1979

11/71-3/72

9/70-12/70

Summer 1979
1/76-5/78

7/73-8/75

Page Four

TEACHING EXPERIENCE (Cont.)

Teaching Associate, Department of Psychology, Duke Univer-
Sity. Co-taught seminar on Stress and Coping for
senior psychology majors. Responsible for lec-
tures, leading discussions and grading papers.

Teaching Assistant - Department of Psychology, Duke Uni-
versity, in undergraduate introductory psychology
course. Responsibilities included lectures on sta-
tistics and psycholopathology, writing and grad-
ing exams.

Faculty Member - Veterans Administration Psychology Service
Operation Outreach Training Program for profes-
Sional counseling staff. Responsible for lectures
on combat stress and treatment methods. Burn out
and crisis intervention, research evaluation.

Teaching Assistant - Department of Psychology, Duke Univer-

sity, in undergraduate developmental psychology
course. Responsibilities included: leading discus-
sion groups, writing and grading exams.

Faculty Member - Drug Dependence Institute, Yale University
for US Army Drug Education Program for Army
commanders. Responsible for lectures and leading
encounter groups.

Trainer - Black-White Encounter Labs, University of Connecti-
cut.

MISCELLANEOUS EMPLOYMENT

Carpenter - Constructed house alone.

Superintendent - Maintenance of [5 brownstone buildings in

New York City. Responsible for carpentry electri-
cal plumbing and boiler repairs.

Director - Vietnam Era Veteran National Resource Project,
National Council of Churches, NYC. Responsibilities
included: Fundraising ($300,000 in 40 grants) Pro-
gram development, Discharge Upgrade project, Vet-
erans in Prison Program, Veteran Psychological
Service Network. Public relations, Research-
National study of veterans (above) reports on
prisons law and employment.

Agent Orange & Related Herbicides

The United States began experimentation with the use of
herbicides in Vietnam in 1961. The full military use of the
chemicals followed the next year and lasted until 1971. During
the intervening years America was to drop over 18.8 million
gallons of herbicides on 3.6 million acres of South Vietnam.
[General Accounting Office, "Health Effects of Exposures to
Herbicide Orange In South Vietnam Should Be Resolved" (CED-
79-22), 1979]. The military explains that herbicides were used
to enhance security, improve observation and destroy enemy food
Supplies. [General Accounting Office, "U.S. Ground Troops In
South vietnam Were in Areas Sprayed with Herbicide Orange", (FPCD
- 80-23), 1979.]

Four principal herbicides were used during the war. The
herbicides were identified by code names that referred to the
color of bands painted on the containers of the chemicals:
Orange, White, Blue and Purple.

Agent Orange is a 50:50 mixture of the
n-butyl esters of 2,4-D (2,4-dichlophonxy
tacetic acid). Each gallon of Orange
contains 4 pounds of 2,4-D and 4.6 pounds of
2,4,5-T.

Agent Purple is a 50:30:20 mixture of
the n-butyl ester of 2,4-D, and isobutyl

esters of 2,4,5-T.

Agent Blue is formulated as the sodium
salt. of seacodylic acid.

Agent White is a mixture containing 2
pounds of 2,4-D and 0.54 pounds of pecloran
(4-amino-3,5,6-trichloropicolinic acid) per
gallon. It is a formulated product
containing 2,4-D and picloran as the

trusopropanolamine salts, with the addition
of surfactants and water.

[Source: General Accounting Office, "U.S. Ground Troops In South
Vietnam Were in Areas Sprayed with Herbicide Orange". (FPCD -
80~23), 1979; p..4.] |
The Comptroller General has determined that a large number
of the Marines in the I Corps section of Vietnam from 1966
through 1969 were in or close to areas sprayed with herbicides on
both the day of spraying and within four weeks of spraying.
[General Accounting Office, "Interim Report on Extent of DOD's
Use of Herbicides . . .", (CED 78-158), 1978.] Attachment 2
indicates those areas of the country which were most heavily
sprayed with Agent Orange or other herbicides. Due to its size
this map cannot began to show all those areas which were sprayed.
However it does clearly illustrate that the Dong Ha area where
David Funchess served was a heavily sprayed region.
In 1967 the military sprayed nearly 5 million gallons of
deadly herbicides onto the Vietnam country side. 3.17 million
gallons used were of Agent Orange. The remaining chemicals were
Agents White and Blue. Undiluted Agent Orange was dispensed at a
rate of 3 gallons per acre (28 liters per hectare). [General
Accounting Office, "U.S. Ground Troops In South Vietnam Were in
Areas Sprayed with Herbicide Orange," (FPCD - 80-23), 1979. p.2.]
While David Funchess was assigned to the Dong Ha region of
Vietnam (Enlisted Services Records), over 16,000 gallons of
herbicides were sprayed into the region. This spraying was

accomplished as follows:

Dong Ha Spraying

Date Missions# Type Purpose Quanity Planes
5/27 20866 Orange crop destru. 4,350 5
6/8 20166 Orange " ’ 2,740 3
6/10 20166 White : i 2,560 3
6/22 20166 Orange . " 2,640 3
6/30 20166 Orange ” " 2,180 3
7/21 20566 Orange 7 ” 500 2
7/30 20166 Orange ‘ 1,440 . 2
8/30 20566 Blue " m unknown

Note: This data was obtained by extracting data from the Air

Force's HERBS tapes of spraying missions for the I Corps region
during the time David Funchess was assigned. The principal
calculations were completed under the direction on Mr. Tod
Ensign, publisher of Citizen Solider-A National Veterans
Publication. These figures do not include the area within 300
yards of any U.S. base camp. This area was considered a "free
spray" zone subject to spraying on the local commander's orders.
[Uhl, M. and Ensign, T. "G.I. Guinea Pigs," New York: Playboy

Press, ‘1980,. Pm. 215. ]

Although the herbicides in and of themselves are dangerous,
Agent Orange is made even more deadly by its contamination with
Dioxin. This is a byproduct of its manufacturing process. One
of the contaminants is HCDD (in 2,4-D) which is both teratogenic
and feto-toxic. HCDD has caused miscarriages in laboratory

animals in parts per million and parts per billion (one ounce of

from the violence and breach ot tamily trust.” ld. at 832. See

also State v. Marks, 647 P. 2d 1292 (Kan. 1982); State v. McQuil-

len, 689 P. 2d 822 (Mont. 1984); State v. Whitman, 475 N.E. 2d

486 (Ohio 1985).

In the instant case, RTS explains Defendant’s inability to
communicate with her trial attorneys with a reasonable degree of
rational understanding and her corresponding incompetence to
stand trial. Accordingly, the motion for post-conviction relief
must be granted. Because the Court grants this motion, it is
unnecessary to reach the merits of the petition for writ of error
coram nobis.

Based upon the the evidence at hearing, the arguments of the
parties, and the foregoing analysis, it is ORDERED and ADJUDGED
that:

1. The motion for post-conviction relief is hereby GRANTED.

2. The order and judgment of this Court dated December 13,
1985, adjudicating Defendant guilty of second degree murder, is
hereby VACATED.

3. The sentence of this Court dated December 13, 1985,
sentencing Defendant to a prison term of twenty-five (25) years,
is hereby VACATED.

DONE and ORDERED in Leon County, Florida, this __ day of

May, 1985.

The Honorable George Harper
Circuit Judge

‘Fampa Slayer
Is Electrocuted

RAIFORD, Aug. 29. — (?) —

Louis Gillard, Tampa Negro, was).

electrocuted at state prison today
for the shooting of Turney Mc-
Cromley -in an argument over a
woman.

The switch was thrown this
morning at 8:33 o’clock and Dr.
Mark E. Adams, prison physician,
pronounced him dead at 8:40.

Supt. L. F: Chapman said the
prisoner made no statement and
that since no arrangements had
been made to claim the body,

burial probably would be in the
prison cemetery.

4

TAMPA MORNING TRIBUNE.

Tuesday, 30 August 1955.


4. An example of how crazy David acted on

drugs was the time he got shot. I saw it. A guy we called
"Willie Albert" and David were having an argument down on
Florida Avenue. It had something to do with David's wife.

The guy pulled a gun and told David to go on, but David just
kept walking toward him. He was in a daze, like he didn't hear
the guy or see the gun. Willie Albert shot at David, emptying
the gun, but hitting him only once and David never stopped. He
Still kept walking up on the gun. His sister Queen came there
finally and got David to the hospital.

5. Once David got out of the hospital, he still

wasn't right. He just wasn't right. He really needed help.
I was on drugs, too, then, and when I would see him, I'd say
to myself, "I'm not bad. Look at David." He was really in
bad shape. David was what you didn't want to be if you were
on drugs. He was crazy all the time and he didn't know what
he was doing.

6. I know that at the Duval County Jail, it
was easy to have access to drugs. It's common knowledge. But
also I know that first-hand from when I have been in the jail.
Drugs come in through drop-offs to the trustees. Then they
take half and give you half. Drugs also come in through people
whe are arrested but not thoroughly searched. It is - or at
least it was - fairly easy to get drugs there.

7. %If David had been able to get help for his

nightmares and memories of Viet Nam, he wouldn't have been
on drugs and this wouldn't have happened. If anyone could
have been a success, it was David. He's very intelligent,
easy-going, and quiet. It's really a tragedy what has
happened to him. He served his country in a terrible war
and came home addicted to drugs, wounded, and with no job

or help. If there is any way that he can get help now, he

aria? ae

Sworn to and subscribed before me this /3 day of

certainly deserves it.

April, 1986. (

L Co rt Ca CA / ,
oe vi
OTARY PUBLIC
Notary Public, State Of Florida At Larce

y mission Expires Aaril 17 1587
*O. afl, 40
ded By SAFECO Insurance Company cf Ararics


Before me, the undersigned authority, this day
personally appeared EUGENE FRAZIER who, being first duly
sworn, deposes and says:

1. David Funchess and I grew up in the same
neighborhood, went to the same schools, did many things together.
I am actually a few years older than David, the age of his older
brother Wenis, Jr. (whom we all called Junior). David idolized
his brother and tried to do all of the things that he did. If
we played follow the leader, David would be at the end of the
line trying to keep up. David and his brother were very close
and it was very hard on David when his brother was murdered.

2. I am positive that David was not on drugs
before he was in the service. He didn't even smoke marajuana.
That's what was so shocking when he came back a junkie after he’
had been in Viet Nam. David didn't know whether he was coming
or going when he was on drugs. I know that because I shot up
with him several times and I was with hima lot. For five
years, we got off together on hard drugs. David came back high
from Viet Nam.

3. Before his drug addiction, David was the
good, clean all-American, apple pie student. He was an easy-
talking good guy, just good people. On drugs, David was like
Dr. Jekyll and Mr. Hyde. If the whole gang of us were together

down on Florida Avenue, of all of us, David would be the last

one you would think of who would get into this kind of trouble.

Before me, the undersigned authority, this day personally
appeared LEONARD HOLMES who, being first duly sworn, deposes
and says:

1. My name is Leonard Holmes. My twin brother Lawrence
and I grew up with David Funchess. David and I were extremely
close friends. We were together much of the time.

2. David was very smart. tlle could read anything, could
figure anything out. He liked music, and would study listening
to Beethoven. I have never seen and I can't even imagine David
being mean. ‘There was nothing I could do to make him angry.

He never would get upset or mad.

3. When we were children, the other kids would call us
"the boys that stay down ir the sand" because in our part of
the neighborhood the streets weren't paved. We were barefoot,
walking around in the dirt streets. It was hard for a kid
from that area to grow up and get incentive.

4, David went into the Marines right after high school. I
know that Marine basic training was real hard then, because my
little brother joined the Marines, He couldn't take the training.
They used to beat on you, kick you, and push you around. My
brother almost had a nervous breakdown, and he had to come back.

5. Parris Island was hell for David. When he was in basic

Psychological Report
David L. Funchess

3 May 1982

the interview, Mr. Funchess clearly recognized his implication in the
situation. Despite Mr. Funchess' obvious distress with discussing this
topic, I pressed him somewhat for details. However, his conscious
report and recollection became more disorganized and his behavior
agitated as we discussed the actual struggles with the employees.
Since the present question does not concern primarily Mr. Funchess'
sanity at the time of the crimes, I moved to complete the remainder of
the interview because the time was limited.

In such circumstances, where answers to the questions about
such an incident were significant, 1 would normally have recommended
an interview under the influence of a hypnotic such as_ soduim
amytal. Noting later that three such interviews had been done for the
initial trial, 1 reviewed the reports. Mr. Funchess' reported agitation
during those interviews, his references to Vietnam, to his childhood,
to his brother's death and his being shot gave sufficient evidence
that Mr. Funchess may well have been operating in a dissociated
state. Previous experience with other survivors who have had _ such
troubled memories leads me to realize that greater elaboration and
understanding of the circumstances at the ‘time of the crimes will
result only under the conditions of an intensive treatment of Mr.

Funchess' psychological disorder.

Psychological Report
David L. Funchess
3 May 1982

the continuous problems he had with constant vigilence and control
over emotions. He expressed a desire to find some way to "let it out".
When his brother was killed, while he was in Vietnam and when his
wife left, he felt "like something inside wants to bryst out, but the
outside is too strong to break open. Something in my head won't let
me turn it loose.'"' Again and again, Mr. Funchess indicated the awful
consequence of letting it out, how ugly people became when they
cried, the rage he felt when his brother was killed and the fear and
Shock he knew in Vietnam. At several points in the interview, when
pushed to relate details of traumatic incidents, Mr. Funchess' eyes
teared and his voice quavered momentarily as is if he were to cry
and then, with a visible effort, he controlled himself.

Mr. Funchess described the repetitive-intrusive thoughts of all
these episodes, including the murders, which continually recur to him.
TV, obituary columns and other triggers constantly propel these
thoughts into his mind. Consequently, he remains constantly vigilant
and controlled. He described the elaborate process he uses to sleep.
He decides what is safe to dream about. Then he lies flat on his bed,
closes his eyes and rehearses his dream several times. After
rehearsal, he allows himself to drift off to sleep, monitoring all the
while his dream and awakening himself with a start whenever the
dream begins to deviate from what he intends.

In addition to the cognitive instructions, Mr. Funchess reports

other cognitive difficulties including memory losses, blacking out and

a eo

Psychological Report
David L. Funchess
3 May 1982

ward off such intrusions, intensify during this period. Mr. Funchess
reports an ill-conceived marriage in 1973 which had deteriorated by
the following year. Mr. Funchess is then involved in an incident
where he is shot in the chest by one of his wife's lovers.

While overtly not an uncommon situation, this incident nonethe-
less is a powerful indication of a Post Traumatic Stress Disorder
pattern. Blank (1982) has reported a pattern of unconscious flashback
in which stress disordered clients unconsciously recapitulate traumatic
episodes from their past. In this case, Mr. Funchess seems to have
gelectdd a wife who played out a pattern which found the wife
slipping away from the husband for an affair leading to an
illegitimate birth. This is exactly the pattern of his parents’ case.
Yet, in the recapitulation, Mr. Funchess engineers the situation so
that he, the wronged husband, gets punished by being shot in the
chest. As Dr. Blank notes, such self-punishment is typical in stress
cases.

This incident and its parallel to Mr. Funchess' past is not
alone convincing evidence of a Traumatic Stress Disorder; yet, it is
consistent with such a stress pattern. It will be left to supporting
evidence to determine how strong the case is for Post Traumatic Stress
Disorder.

The Combat Stress Scale and the Impact of Events Scale both
reveal a significant intensification of psychological symptoms in the

period of late 1973-1974, just prior to the liquor store crimes. During

-~ 18 -

4)

Psychological Report
David L. Funchess

3 May 1982

Behavior and Observations

From the history, several important factors emerge. First, there
were several traumatic episodes in Mr. Funchess's life documented by
each of the psychological examinations: the parent/woodshed incident
of early childhood, the death of his brother, Wenis, the Vietnam
experience, and the rape/shooting connected to the dissolution of his
relationship with his wife.

Second, there is a consistent pattern of the threat of emotional
break through and the clamping down of emotional restraint. Third,
there is the pattern of normal adjustment and successful performance
prior to and during Vietnam.

During the interview, Mr. Funchess was warm, friendly and
cooperative. But, he insisted from the outset that Vietnam had not
affected him. I took this statement as consistent with the disclaimer
that many veterans make while providing evidence of a_ shift in
behavior and intensification of problems since their war experience.
This statement is also consistent with the desire not to undermine
what is often the veterans most significant display of self-sacrifice,
courage and performance under fire.

Asked what his problems were related to, Mr. Funchess referred
to the early childhood episodes. He indicated that his current
problems were primarly the troubling thoughts which continually

popped into his mind and threatened to upset him emotionally, and

«90. -

Curriculum Vitae of Page On

JOHN RUSSELL SMITH

046-34-0667
Department of Psychology Rt. 7, BGR, 2234
Duke University Durham, North Carolina 27707
Durham, North Carolina 27706 (919) 493-4363
(919)684-3102
EDUCATION
9/78 - Present Duke University Graduate School, Durham, North Carolina
MA 1981
PhD Expected, Fall, 1982
Major: Clinical Psychology
Minor: Community Psychology
9/75-5/78 Columbia University, New York City
AB May, 1978 Cum Laude
Major: Psychology
9/72-4/73 Yale University, New Haven, Connecticut
Major: Political Science
2/70-5/70 University of Connecticut, Storrs, Connecticut
9/63-5/65 Major: Political Science
9/62-5/63 St. Michael's College, Winooski, Vermont
Languages Familiar with Latin, Greek, French, Russian
Vietnamese, and Spanish
Service U.S. Marine Corps 1966-1969
Private to Staff Sergeant, Vietnam Combat service
Honorable Discharge, Extensive electronics
» experience in radar, radio, radio relay, computers.
PERSONAL
Age: 16 September 1943. Hartford, Connecticut
Appearance: &'2" 195 lbs. Health-Excellent
Marital Status: Single
Licenses: General Contracting, carpentry, electrical
Hobbies: Woodworking, sports, experimental film
Affiliations: American Psychological Association (Associate Member)

American Orthopsychiatric Association (Associate Member)
Psychologists for Social Action (National Board 1975-76)


APPENDIX 18


APPENDIX 19

Honorable Gordon A. Duncan, Jr, Re: DAVID LIVINGSTON FUNCHESS
April 24, 1975 CASE NO. 75-169 CF
DIVISION: R

is oriented in time, place and Situation. He registers, retains and recalls
information normally. He functions in the average intellectual range, RAIT
assessment placing him at about 107 on the Wechsler Scale, He abstracts satis-
factorily in verbal and mathematical Spheres, reads with comprehension and is
right-handed.

NEUROLOGIC EXAMINATION: Blood Pressure: 160/100; Respiration: 18; Pulse: 80.
Cranial Nerves II-XII are normal. Motor, Sensory and Cerebellar functions are
normal. Reflexes are active, symmetrical and there are no pathological reflexes.

SUMMARY AND CONCLUSIONS:

This is a twenty-eight year old negro male who is charged with murder. He has seen
a psychiatrist two times while in the service. He is occasional drinker and has
used heroin. He has history of conviction for petty larceny. The mental] status
examination reveals intact cognition and integrative ability. He shows no
neurologic deficit. 7

The patient, in my opinion, is able to understand the charges facing him and able

to adequately assist counsel in his own defense. It is my Opinion, further, that at
the time of the alleged offense he was able to understand the nature, quality and
wrongfulness of his acts.

The patient is not easily differentiated as far as any particular clinical state is
concerned. He seems Preoccupied with his parentage and at times there is Suggestion
of substantial degree of brooding and hostility related to this, at times more female

than male-directed. Sociopathy appears to be a comfortable adaptive pattern for him.

-y

i b]
if
est C. MIL er, M.D,

ECM: 1c

Rare hh te tei, on See Ad anh lig = i saceaie


STATE OF FLORIDA

DEPARTMENT OF CORRECTIONS
CHRONOLOGICAL RECORD OF OUTPATIENT HEALTH CARE

DATE/TIME
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PATIENT'S IDENTIFICATION (Name- Last, First, Middle; Race/Sex; Number)

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DC4-701 (3-80)

AL

6D Tallahassee Democrat/Thursday, June 9, 1983

Graham hears how to handle appeals
of combat-stress syndrome sufferers

Associated Press

Gov. Bob Graham Wednesday en-
listed experts to tell him and the
state Executive Clemency Board how
they should handle appeals from
criminals who suffer from post-Viet-
nam combat-stress syndrome.

“It's a legitimate issue,” the gover-
nor said. “It's one we have to set up a
mechanism to deal with.”

Graham's request came as he, Sec-
retary of State George Firestone and
Insurance Commissioner Bill Gunter
presided at a workshop examining
the plight of some of the estimated
80,000 Floridians who saw combat
duty in Vietnam.

Before hearing presentations, Gra-
ham and the Cabinet members hon-
ored former Navy Lt. Clyde E.
lassen, Florida's only living Medal of
Honor winner from the Vietnam War.

Lassen'’s service ‘reminds us that
the overwhelming majority of our
Vietnam veterans are well-adjusted,
extremely competent people,” Gun-

ter said

Lassen, of Pensacola, successfully
piloted a helicopter to rescue two
downed aviators under intense ene-
my fire in 1969.

Afterward, Michael Hahn, execu-
tive director of the Florida Commis-
sion on Veteran Affairs, told the
panel that about 40,000 Floridians
show signs of having mental or emo-
tional problems related to their ser-
vice in Vietnam.

Hahn was directed to enlist the
help of the Parole and Probation
Commission in studying how the
Clemency Board should treat veter-
ans’ appeals for mercy. Graham
asked for a report in July.

Dr. Charles Figley, who directs the
Consortium of Veteran Studies at
Purdue University in Indiana, said
that most Vietnam veterans have ad-
justed quite well despite their recep-
tion “by a less-than-appreciative
nation.”

Figley, who saw duty in Vietnam,
described the symptoms associated
with the disorder. They include flash-
backs, recurrent dreams, withdraw-
al, memory impairment and
concentration problems.

The syndrome is usually tied to a
life-threatening situation. When the
emergency is over, Figley said, suf-
ferors question why they survived
and may then repress their feelings.

Veterans often don't seek help un-
til their symptoms become ‘too over-
whelming and too debilitating,”
Figley said.

Figley told Graham and the board
members that requests for mercy
from Vietnam veterans must be han-
dled on a case-by-case basis

Dr. David Taubel. chief psychia-
trist at the state Department of Cor-
rections, said there are about 2,000
Vietnam veterans in florida prisons
Of these, about 200 may have the dis-
order.


2

ub _<TMENT OF CFFENDER REHABILITATIC

x

FLORIDA STATE PRISON

MEDICAL DEPARTMENT
OUTPATIENT CLINIC RECORD

NO. 9U 7§%b NAME _ FuwcitesS Pauip
DATE COMPLAINT FINDINGS TREATMENTS
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ENTRY MUST BE MADE EVERY SICK-L]

4.001

lor.

E ATTENDED AND EVERY MEDICINE OR TREATMENT RENDERED
, va
-

IY, ot Yate

flee


APPENDIX 24

APPENDIX 27

“ies: |

APPENDIX 26

Before me, the undersigned authority, this day
personally appeared CiiRISTILINA FUNCHESS who, being first
duly sworn, deposes and says:

1. I am the wife of David Funchess. David and
I were married April 19, 1972. I was barely 16 years old
when David and I were married. I cared a lot for David
and he was the only person who ever really loved me. But
I really got married to get out of my mother's house. We
didn't really have a marriage in the sense of making our
own home in a nice house. We did stay together a lot, but
a lot of the time, I would leave. Wot because of David,
but because I was so young and wild.

2. I know that all my running around really
hurt David. He would always try to get me back. Looking
back now that I am older, I know that I was really mean to
him and I wonder if all of this that he's in trouble for
is my fault. He was always the kind of person who would
just take it if you hurt him. He would never react. All
the times I left him and all the things I did to him, he
never ever beat me. Most other men I know would have beat

1

up a woman who treated them like I treated David, but he

never did. He just took it all and kept it all inside.

3. Most of the time during our time together,
David and I got high together. David was already addicted
to drugs when I met him. He would never use the drugs in
front of me. He would go into another room, usually the
bathroom, to shoot up. He didn't want me using drugs. He
used them because he had so much pain inside after Viet Nam.
And also his legs that were injured would hurt him real bad
sometimes. But I begged David and pestered him and forced
him to let me use drugs. I told him that if he didn't, I
would go down on Ashley Street and find me somebody who
would sell me some. David was very afraid that somebody
would give me bad drugs so he finally gave in. We would
shoot up together every day and just stay high. We never
had very many conversations because we were always high.

4. David and I were not staying together when
this incident happened. But I would see him on tne streets
a lot and I know that he had really gone downhill. It
seemed like he had gone off the deep end. He acted just
like a person who has completely given up. His appearance
was bad. David always used to be a person who was very
particular about his appearance, but he really looked awful
at this time. I think there is just so much a person can
take. He was on drugs, haunted by Viet Nam, out of work,
and I had been treating him so terrible. He was so quiet
and he always kept everything inside.

5. When we were together, David used to talk

7. During most of our marriage, David and
I didn't stay together because I was always out running
around. Mostly what we did together was get high. And
that was all the time when we were together. J had told
David I was 18 when we started going together and he had
no idea how old I was till my mother went to him on his
job. When he came home that night, he asked me if I didn't
have something to tell him and I pretended I didn't know
what he was talking about. He said he would marry me,
and my mother said it was all right and she went with us
to get the license. Once David found out how old I was,
he said we couldn't be together unléss we got married. It
just wasn't right. That's the kind of man he is.

8. David even got shot over me one time. This
man named "Willie Albert" came to my house and he was really
bothering me, trying to make me have sex with him. I fought
that man all day. David wasn't there. When I finally got
that man out of my house, I went to the bus stop to catch
the bus to go to my mother's house. I was sitting there
crying and David came up and asked me what was wrong. Then
he went to find Willie Albert, but Willie Albert ran into
the Detox Center and they called the police. Next day
Willie Albert came up on David with a gun and David just
kept walking toward him like he didn't see what was going

on and Willie Albert shot him. David just stood there

about his childhood sometimes and it was really rough.

He told me about the beatings from his father and how
unfair it seemed to get beatings for things you didn't

do or didn't know anything about. One thing that always
bothered David was not knowing who his real father was.
That stayed on his mind a lot. He said that his mother
and father had always argued and once during one of those
arguments, his mother had told him that Wenis Funches

was not David's father. But then she never would say

any more about it, so he never knew if it was true or
not. Here he was living in the house with this man who
was always beating him up and he didn't even know if it
really was his father. It's a real trip to be raised like
that. It leaves a lot of marks on you.

6. David wouldn't talk to me about Viet Nam
and we were always so high that I probably wouldn't have
known it if he did. I sometimes would be strung out on
drugs for days at a time and not remember anything. That
would happen to David, too. I'm off drugs now, since about
three years ago, and now I can see all the suffering they
caused. Sut back then, I was too young to notice. I just
wanted to be high. You don't have to deal with the pain
that way and you're too high to notice that you're just
causing yourself more pain. That's how it was for David,
too. ‘it's just changing the kind of pain, but never really

getting out of it.

Psychological Report
David L.sFunchess
3 May 1982

stress reaction than those who returned to supportive, understandinw

—

ones, The stress scale again indicates the overcontrolled pattern of
eee

all emotion, especially anger. There do not appear to be alternative

strategies for expression, only sheer control.

The evidence of the interviews, the history and the test results

consistenly lead me to conclude that Mr. Funchess is currently

suffering from a Post Traumatic Stress Disorder. The evidence suggests
that Mr. Fuchess' early experience left him with a mild form of stress
reaction characterized by a tendency for emotional constriction and
numbing in response to stress. While his adaptation, prior to service,
reflected this problem, it was, nonetheless, well within the range of
normal. This conclusion is “supported by the facts of his performance
in high school and in the military.

Military service was the wrong place for Mr. Funchess, however.
The normal psychological response to basic training is emotional
numbing which is adaptive for the demands of combat. For Mr.
Fuchess, it only exacerbated his pre-existing push to numbing. Later,
when he encountered the death of his brother, the killings and his
own wounding in Vietnam, his only bectsitiale was further numbing.
When that was inadequate to handle the events, he began the process
of dissociation (mental distancing) which left him with only extreme
and fragile means for coping with extreme stress. The military fails

all veterans by its lack of debriefing and the failure to provide the

37 .

Psychological Report
David L. Funchess
3 May 1982

Personality. (301.70) The criteria for such a diagnosis are contained
in Appendix B along with that behavior of Mr. Funchess which
conforms to these criteria. According to these criteria, data
supporting the Antisocial Personality diagnosis in Mr. Funchess are
lacking in several major points. First, the prime criterian is evidence

of a sociopathic pattern prior to age 15. There has been no evidence

to suggest in Mr. Funchess' case, that such a pattern existed. In

a

fact, we find quite the opposite, Mr. Funchess completed school and

pe

had a excellent military record prior to Vietnam.

—

A major factor in cases of Sociopathic Personality is the absence

of guilt. Even when the individual may express remorse (often seen as

a ploy for escaping punishment), the behavior of the individual
continually demonstrates that such guilt is never sufficient to deter

his hostile behavior in anyway. In contrast with Mr, Funchess, we

see repeated and substantial evidence of his guilt in test scores, in

md

his reports and in his flashbacks and intrusive thoughts even in

their domination of his sleep. In the best evidence we have of his

behavior, that in prison, we find repeated evidence of his uncommon
restraint and control in response to provocation under circumstances
which characteristically evoke belligerent hostility.

There are a few points of congruence between the Sociopathic
diagnosis and Mr. Funchess' behavior: the disrupted work history,
drug usage, marital difficulties and an escalating criminal record.

The problem is that these points overlap the criteria for Post
Se tenn oh

. 30 =

Psychological Report
David L. Funchess
3 May 1982

previously in Mr. Funchess also are likely to exhibit this pattern of

overcontrol and episodic anger. This pattern is also consistent _with

the subsequent lack of outburst, absence of anger reactions and tre

overcontrol which has characterized Mr. Funchess' prison period.

Differential Diagnosis

Previous evidence has indicated the case for Post Traumatic
Stress Disorder. The case for repetitive-intrusive thought and
emotional numbing have been amply demonstrated. Associated features
of drug and alcohol abuse, disrupted work patterns, and isolation
and withdrawal have also been noted as has evidence of the dramatic
change in performance and perception by others after Vietnam.

But previous reports before the courts have taken a harsher

view. The pre-sentence report, sentences and the psychiatric resort of

Dr. Miller all point to 2 deviant and intractahle cource A diagnosis

of Sociopathic Personality, with no capacity for remorse or empathy,
driven without compassion to brutal crimes, with no prospect for
hin ae or reversal, or treatment responsiveness, has confirmed the
court in its sentence. Without treading on the State’s perogative for

the final decision, new data about Mr. Funchess' Military history and

the evidence of a Post Traumatic Stress Disorder argue for a

—

reconsideration of the Sociopathic diagnosis and the bleak prognosis —

~~

deriving from it which formed the basis of the sentencing.

Sociopathic Personality is defined in DSM-III as Antisocial

-~ 29 -

Psychological Report
David L. Funchess

3 May 1982

reorientation counterpart of boot camp after combat. In Mr. Funchess's
case, this lack became evident in his psychiatric hospitalization, but
the want of proper diagnosis and the absence of treatment appropriate
for his condition led to his administrative dismissal. When later, his
attempt at intimacy and recovery through marriage failed, reintensi-

fying the stress process (as confirmed by the stress scales), the

Sa result was a prolonged episode of cognitive confusion and dissocia-

+

tion, during which the crimes—esceurred

One question not yet addressed is the issue of anger and rage.

All of the test data and the interview confirm the finding of Dr.

Girsh that Mr. Funchess has little anger and minimal potiential for

aggression. How then do we account for the brutal crimes of which he

has been convicted? All indications point to an extraordinary capacity
for self-control in Mr. Funchess. He described in the interview the
frequent provocation he encounters in prison and his methods to avoid
response. From my interview and from the reports of Dr. Miller of the

amytal interviews, we can only surmise that the ill-fated robbery

[ a

provoked a heated confrontation for Mr. Funchess with individuals who

had been his former accusors and had fired him. As Dr. Miller notes,

‘ememen

the likely use of narcotics undoubtedly enabled the release of long

controlled anger and_rage. This overcontrol and release of anger

‘eee

cecilia,

under extraordinary stress, especially with drug or alcohol usage,

—

are typical of stress disorder cases. Individuals with a pattern of

unconscious flashback and _ the dissociative coping pattern noted

~ 28%

November 1, °1979
RE: David Livingston Funchess
page eight

Thank you for the opportunity to examine this defendant.
are further guestions do not hesitate to contact me.

Sincerely,

FAYE 3. ‘erdsu, EPG. PC.

Licensed Psychologist

FJG:sm

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‘

vember 1, 1979
: David Livingston Funchess
ge seven

which time was served. The diagnostic category that is appro-
priate is unclear without psychological testing ané/or further
data. He is not the kind of brutal, evil, killer who shows:a
pattern of callous disregard of life from which society should
be kept and might even be a menace in prison. This man appears
to have acted in this isolated incident in a manner uncharacter-

istinm of: him.

Intellectually he has been judged by Dr. Miller to be of average
intelligence. I would place this at a high level - above average
or possibly Superior - judging from his vocabulary (see, for
example, the attached poems) and his comprehension (I had him read
From a psychiatric text) and the books he has read and apparently
understood (e.g., Tolstoy, Animal Farm, etc.). He Says that when
he was young he couldn't remember what he studied, it would be
"jumbled up" although he could visualize the page. This suggests
a possible learning disability although dyslexia would be ruled
out because his reading is excellent.

In answering the 18 items of the Monroe Dysfunction scale several
responses were interesting. He reports only rare mood changes,
sometimes feeling confused, always feeling responsible for what he
does, only once losing control and hurting others and that was for
the present crime, never being violent - when he gets angry he just
walks away, often having frightening feelings, never frightening
people with his temper, rarely or never angry enough to kill or
smash things, and rarely contemplating suicide.

SUMMARY AND CONCLUSTONS:

Mr. Funchess appears to be an individual who has had chronic
problems dealing with anger and grief which have interfered with
perception, memory, and cognitive functioning. He has also ex-
perienced blackouts and may be suffering from an organically
related psychiatric disturbance. His lack of chronic anti-social
behavior and interpersonal violence precludes a diagnosis of psy-
chopathy or anti-social perSonality. He arpears to be of above
average intelligence but has been unable to achieve vocationally
at that level. His emotional stability appeared only fair
during his earlier years and seems to have worsened after his
discharge from the Marines and during the five year veriod prior
to the commission of the instant crimes. His behavior prior to
the events of that day and for the four years thereafter is
cnaracterized by non-violence and introspection. There is no
reason to predict further violence if he is not executed for
these crimes.

November 1, 1979
RE: . David Livingston: Punchess
page six

have triggered a state of mental confusion on that occasion since
the behavior was not at all typical for him.

The contention that the defendant was in a state of psychological
stress during the period preceding the crimes is supported by the
occurrence of three major life changes. These did not avpear to

be immediate precipitants but rather occurred over several years.
His mother testified to a behavior change after his return from
Viet Nam after which he became withdrawn and stayed to himself

a lot. The loss of his brother was apparently traumatic but oc-
curred during the time he was in the service. The 1973 rape of

his wife, her leaving and his being shot seemed to have affected
him a great deal. He tried to get in touch with her through cards
ana letters but did not hear from her from 1973 until 1976. He
apparently was fired from Avondale Liquor Store a few months before
the crimes because they found out he had a criminal record. Al-
though he denies any bitterness over this and strongly denies
having anti-white feelings, this incident is likely to have been
traumatic since he had experienced a long period of unemployment
following his return from the service and had a series of manual
labor jobs. He was an occasional user of heroin during this period
and although apparently not addicted, was spending quite a bit of
money on his habit, ostensibly induced by the need to anesthesize
pain from a wound incurred in Viet Nam. The robbery was likely
motivated by the need for money and planned with the two women who
accompanied him. The stabbings did not seem to be part of the plan
and could have been triggered by a buildup of tension and anger
stemming from long-term feelings of loss and resentment.

Diagnostically, I do not view the defendant as a psychopathic or
sociopathic personézlity although his lifestyle shows some drifting,
a tendency to associate with others of the same status, and minor
brushes with the law. He does not, however, namifest several other
signs and behaviors which would fit with that diagnosis. There is
no develoomental history suggesting poor impulse control, anti-
yocial behavior, an inability to form close relationships or to
trust others. He appears to have formed close, non-manipulative
attachments to people, to show remorse, and to Have control -

if not overcontrol - over sexual and aggressive impulses.

Using the newest Diagnostic and Statistical Manual (DSM-III) for
a definition, he does not fit the category of a sociopath. The
major criteria is: "a history of continuous and chronic anti-
social behavior in which the rights of others are violated.”
Then, there must be a history, with an onset before age 15, of
two or more of the following, "truancy, delinquency, theft, van-
dalism, etc." The primary thread is anti-social behavior begin-
ning in early school years and showing a continuous pattern.
There are otner specific criteria that have to be met before this
diagnosis can be considered appropriate but it is clear from the
above that the defendant's history does not include these patterns,

3

most basic public health and environmental data about Vietnam. Cur-
rently, neither the White House nor the Veterans’ Administration plan
to have studies done in Vietnam. There appears to be no Presidential
or Veterans’ Administration interest in even glancing at the effects
of Agent Orange on the people, the forests, and the total environment
of the 2 million acres that, from 1961 to 1972, were sprayed with de-
foliants and herbicides.

After discussing the matter with ‘ny people, including scientists
and Vietnam veterans, I concluded cnat it would be useful for the
House Committee on Veterans’ Affairs to send a delegation to Viet-
nem. Such a delegation would explore the possibility that research in
Vietnam itself regarding the health impact of Agent Orange on the
native population could assist our efforts to assess the health problems
of the Americans who served there. It seemed clear to me that such
research could provide important information that could not be ob-
tained in any other way.

In early November 1983, Chairman Montgomery authorized me to
head such a delegation to Vietnam.

ITINERARY

December 29, 1983.—Arrived Bangkok to meet with United States
Embassy officials. :

December 30, 1983.—Arrived in Hanoi in late afternoon.

December 31, 1983.—Met with officials of the Public Health and
Foreign Affairs Ministries and visited a hospital where we were
briefed by physicians and scientists specializing in the epidemiology
of birth defects.

January 1, 1984.—Met with scientists at the University of Hanoi
who specialized in animal ecology and the environment. Toured the
countryside west of Hanoi. ,

January 2, 1984.—Met with Foreign and Deputy Foreign ministers,
and the Minister of Social Welfare on veterans’ rograms.

January 3, 1984.—Departed Hanoi for Ho Chi Minh Citiy.

January 3-5, 1984.—Toured the defoliated forest area in the Ma Da
District, Dong Nai Province, which had been heavily sprayed by
Agent Orange and other chemicals. Visited a hospital for women in
Ho Chi Minh City. Visited local and city officials in Ho Chi Minh City.

January 5, 1984.—Departed Ho Chi Minh City for Bangkok.

January 6, 1984.—Met with Ambassador Dean and U.S. Embassy
staff. Later visited with the Deputy Foreign Minister and the Secre-
tary General of the National Security Council of Thailand.

SCOPE OF REPORT

This report is to provide current information furnished by Viet-
namese officials, scientists, and physicians about the effects o1 Agent
Orange on the people and land of Vietnam. It is hoped that this infor-
mation will be helpful to the members of the Committee and to the
Congress as they are called upon to consider legislation on the Agent
Orange issue and related matters.
It 18 not intended to serve as a comprehensive statement or analysis

of the Agent Orange issue.

Attachment III

AGENT ORANGE IN VIETNAM

A report from the Honorable Don Edwards, member, House Vet-
crans’ Affairs Committee, to the Committee on Veterans’ Affairs, on

his visit to Vietnam.
INTRODUCTION
During the pote December 30, 1983, to January 5, 1984, I visited
1e

Vietnam on the issue of Agent Orange and related issues affecting
Vietnam veterans,

Assisting me throughout my visit were Mr. Francis W. Stover, dep-- .

uty chief counsel, House Veterans’ Affairs Committee, and Chief War-
rant Officer Joseph M. Hall, U.S. Army liaison for the U.S. House of
Representatives. We visited both North and South Vieinam, spending
4 days in Hanoi and 3 days in Ho Chi Minh City (formerly Saigon).

PURPOSE OF MISSION

The primary purpose of the mission was to meet with officials who
deal with the health problems of the citizens of Vietnam who served
in the Armed Forces of North and South Vietnam mer 4 the period
1961-75. In particular, our purpose was to investigate the effects of
Agent Orange on the Vietnamese population and terrain.

To this end, we requested the op rtunity to meet with physicians,
research teams, and any others in Vietnam who work on the effects of
Agent Orange on Vietnamese soldiers, on the pulation in general,
and on the environment. In addition, we ‘enkeed to travel outside Ho
Chi Minh City to an area that had been sprayed extensively with

ent Orange. °
As al BACKGROUND

t Orange is the code name for the chemicals used extensively
by the U.S. military to defoliate jungle areas during the Vietnam
war. Many American Vietnam veterans are convinced that their health

and that of their offspring) has been a by their exposure to

t Orange during their tours of duty in Vietnam.

e House Veterans’ Affairs Committee became aware of the issue
in October 1977, when a Veterans’ Administration employee charged
that Agent Orange had caused a wide variety of disabilities among
Vietnaia veterans. Since then many claims for compensation have been
filed and investigations on the health implications of Agent Orange
exposure have been conducted in the United States by the Veterans’
Administration and the scientific community.

From the beginnin:,. the House Committ<e on Veterans’ Affairs, led
by its Chair, the b:.:..rable G. V. (Sonny) Montgomery, has had
an intense interest in the Agent O issue. The Veterans’ Affairs
Subcommittee on Hospitals and Health Care held man hearings on
the subject and hearings were held by the Committee’s Subcommittees
on Compensation, Pension and Insurance, and Oversight and Inves-
tigations.

(1)


2

Currently, the Veterans’ Administration is not convinced that a
definitive link exists between Agent Orange and the health problems
of Vietnam veterans. Nonetheless, it is clear that our veterans who
served so bravely in Vietnam do have physical and psychological
problems far more severe than veterans of any previous war. In addi-
tion, Vietnam veterans have a disturbingly high unemployment rate
and they have found it harder than expected to readjust to civilian
and family life.

The members of the House Committee on Veterans’ Affairs, of both
political parties, are unanimous in their determination to help Viet-
nam veterans. I believe an important part of this help is a resolution
cf the Agent Orange question : “Is their exposure to Agent Orange a
factor in our Vietnam veterans’ health problems, such as cancer, liver

or the Vietnam veteray generation will never find peace,

Since the Agent Orange question first arose, there has been a con-
sistent feeling among many in the U.S. Vietnam veteran population
that the Veterans’ Administration and the Federal Government do

financial obligations that would result should responsibility be
established.

In January 1983, the “International Symposium on Herbicides and
Defoliants in War: The Long-Term Effects on Man and N ature” was
held in Ho Chi Minh City. This symposium was attended by 160 scien-
tists from 21 countries, The Americans included professionals and
scientists from Harvard University ; State University of New York,
Stoneybrook; Massachusetts General Hospital; California Academy
of Sciences; University of Illinois; Yale University; University of
Massachusetts; Columbia University ; University of Georgia; Uni-
versity of Montana; University of Miami: University of Michigan;
Hampshire College, Massachusetts; and University of California,
Berkeley.

Among the 72 scientific papers and reports presented at the sym-
posium, 29 reports were on the long-term effects of Agent Orange on
humans. The conclusion of the symposium was that exposure to Agent
Orange does cause health problems in humans. The Symposium made
the recommendations that further studies be conducted and that they
be conducted in a spirit of international cooperation, divorced from

litics,
 Nonothelial the Veterans’ Administration has discounted the find-
ings and recommendations of the symposium. Indeed, some Vietnam
veterans say that.the White House and the Veterans’ Administration
invariably lean towards findings that do not show a connection he-
tween Agent Orange and Vietnam veterans’ health problems and dis-
miss any that do. ee

More than 2 years ago T noted that. while many millions of dollars
were being spent on Agent Orange investigations. none of the scientific
research was being conducted in Vietnam itself. There is a lack of the

4

LA

A. one-week visit to Vietnam by persons with no skills in science or
medicine cannot be expected to produce hard evidence regarding the
effects cf Agent Orange. However, we were eble to interview many
Vietnamese officials “| many doctors at hospitals in both Hanoi and
Ho Chi Minh City. We also visited areas outside the cities, including
the former inland forest in the Ma Da District of Dong Nai Province
(in the former Long Khanh Province, Military Region III, War Zone

D), a region heavily sprayed with Agent Orange by U.S. airplanes
during the war.
CHRONOLOGY

Saiurday, December 31, 1983

Our first interview was with the Vice Minister of the Public Health
Ministry, Dr. Hoong Dinh Cau, a ee and surgeon by profes-
sion. We were shown a film of the b. » Ranch Hand Chietaiton from
1962-71, and were provided a review of the “International Symposium
on Herbicides and Defoliants in War: the Long-Term Effects on Man
and Nature” that was held in January 1983 in Fro Chi Minh City. Dr.
Cau was one of the scientists and experts from 21 countries (includin
the United States) who participated in the symposium. He review
in much detail the conclusions of the symposium, whose goal was
to report on the long-term effects of herbicides and defoliation on
humans and nature. He presented much data and many charts to sub-
stantiate some of the conclusions of the symposium which he endorsed.
The main conclusion was that adverse health effects were caused by
Agent Orange exposure. The se pgp of the symposium was almost
entirely on the Vietnamese female population and their offspring. It
only indirectly included the male soldiers who were in the areas that
were sprayed with Agent Orange.

Dr. Cau said there have been sharp increases in Vietnam in spon-
taneous miscarriages and cancer in females who were exposed to Agent
Orange, and in birth defects in their offspring. This information was
obtained from pregnant women brought to hospitals for delivery and
from studies that have been made on genetics and cancer by Viet-
namese scientists, He indicated that studies on the long-term “com-
plications” of Agent Orange exposure will continue.

Dr. Cau also indicated that studying soil core samples of areas
sprayed with Agent Orange was very difficult and expensive. He said
Vietnam would be willing to participate in such a project with the
United States and that “science has no borders”.

Our next meeting was with Dr. Ton Duc Lang, a physician-scientist
at the Viet Duc Hospital, where he works on the eile elcey of birth
defects, and on the consequences (as related to births) from exposure
of humans to Agent Orange.

The Viet Duc Hospital has been conducting a comprehensive
research program on birth defects in children whose parents were
exposed to Agent Orange. Various charts and data showed a higher
percentage of birth defects from parents exposed to Agent Orange
than froin those who were not. For example, one chart showed that
over an extended period covering 5,000 births, 2.6 percent of the chil-
dren were born with birth defects and had parents who were exposed
to Agent Orange. In comparison, only 0.46 percent of those 5,000


APPENDIX 21