Jury gets Pattison murder case

Friday, March 11, 2005 | 9:09 a.m.

A Clark County jury began deliberations this morning in the Dante Pattison trial.

The jury must decide if the 21-year-old murdered his pregnant sister and their grandparents or if he killed them in self-defense because his delusional state made him believe the family members were assassins attempting to murder him.

Pattison faces the possibility of the death penalty if convicted on charges of murder in connection with the Feb. 24, 2001, deaths of his sister, 32-year-old Carrie Adric-Pattison, who was seven months pregnant, and their grandparents, Yoshio Kato, 82, and Sally Kato, 75.

His defense attorneys argue Pattison is suffering from schizophrenia and is not guilty by reason of insanity. Prosecutors, however, have implied that Pattison's strange behavior was a result of his abuse of methamphetamine.

In closing arguments on Thursday evening, Deputy District Attorney Giancarlo Pesci told the jury if they looked at the facts of the case the "reality of the situation is three people are all dead because the defendant is a murderer three times over."

"Don't get me wrong I'm not saying he didn't have a psychotic snap," Pesci said. "He's not playing with a full deck, but the facts don't support his delusions."

Pattison has said that on the night of the killings he believed he was the Emperor of Japan and his sister and grand parents transformed into assassins who were trying to kill him. He says he shot them with a Russian assault rifle to defend himself.

Doctors from Lake's Crossing, the state mental facility in Sparks, testified during the six-day trial that Pattison did not suffer from schizophrenia, but instead suffered a possible drug induced psychosis.

In addition to those doctors' opinions, Pesci said the manner in which Pattison committed the killings was simply not consistent with a self-defense claim. Under state law a person claiming they are not guilty by reason of insanity must suffer from a mental illness and commit the crime under the belief that they are facing an imminent threat.

The prosecutor said that perhaps if Pattison had shot his sister once the self-defense theory might hold water, but instead the accused proceeded to issue another fatal shot to the back of her head when she was on the ground and could no longer be perceived as a threat.

Pesci said Pattison didn't proceed to run around his grandparents' house in a frantic state to prevent assassins from killing him, but instead took roughly five and a half minutes and in a "cold and calculated manner" shot his grandmother and grandfather twice each in the head.

Chief Deputy District Attorney Marc DiGiacomo said after 21 months at Lake's Crossing Pattison did not display any signs of having delusions or hallucinations. Further, more than five doctors that agreed while he might suffer from post-traumatic stress disorder he isn't schizophrenic.

DiGiacomo labeled Pattison's unusual behavior, such as running around the facility naked and eating apple cores from the garbage, as an act.

"He was using frat-boy antics so they'll say he's crazy, but the acts are not consistent with schizophrenia," DiGiacomo said. "There were no psychosis, delusions, hallucinations and no cowering in the corner. He was more like the president of the therapeutic community and played Chess."

Deputy Public Defender Will Ewing, however, told the jury Pattison's behavior was no act, but instead the actions of an individual who had been walking the "slippery slope into madness."

"Nothing about this case is based on reality," Ewing said. "The big question is why? There is absolutely no rational explanation for what happened because he (Pattison) was not rational."

Ewing reminded the jury Pattison initially believed he was on a mission from god, which resulted in Pattison baptizing himself in toilets in jail and the Thomas and Mack Center as well as a hotel pool.

The defense attorney said although Pattison had admitted he used methamphetamine in the past there was "no evidence he used methamphetamine in the weeks prior to the killings."

Pattison allegedly told doctors that he used the drug once a week during the year of the killings and almost every day when he was 17. Pattison's sister was found with methamphetamine in her system at her autopsy.

Police never drug tested Pattison.

Ewing said although the doctors at Lake's Crossing observed Pattison they never conducted any psychological tests on him.

He reminded the jury that Dr. Thomas Kinsora, a clinical neuropsychologist, said after interviewing Pattison on four occasions, administering numerous tests and reviewing the evaluations performed on Pattison by other doctors he believed Pattison suffers from schizophrenia and meets the legal standards for an insanity defense.

Ewing explained to the jury coming back with verdict that Pattison is not guilty by reason of insanity does not mean the man would be set free and back living in society. Instead, he would be moved to a maximum security mental facility "where he'll receive treatment, be observed so he can be safe and others can be safe."

Ewing said a judge and others would have to determine Pattison is no longer a danger to society, which would be unlikely given the nature of Pattison's illness.

"It's the humane thing to do, the legally correct thing to do, it's the right thing to do, it's what Carrie (Adric-Pattison), grandpa and grandma would want you to do," Ewing said.