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acknowledged that the degree of dementia that occurs is not the
same in every individual.
Petitioners' second expert witness is a physician
specializing in general psychiatry who conducted approximately 35
therapy sessions with Elvin after Elvin's brain tumor was
removed. His sessions with Elvin were for post-operative therapy
relating to Elvin's depression, not for evaluation of Elvin's
behavior during the years in issue.
Petitioners' second expert witness testified that, in his
opinion, Elvin's moods and behavior were significantly affected
by the brain tumor and by its removal. He acknowledged that
Elvin's use of drugs and alcohol could have influenced Elvin's
behavior during the years in issue and that the criminal
investigation pending against Elvin at the time of his sessions
with Elvin could have affected Elvin as well.
Petitioners' third expert witness is a psychiatrist. He
examined Elvin for 2-1/2 hours in 1988 and conducted several
follow-up examinations. He also reviewed reports prepared by
other doctors and other background material. Besides his
interviews with Elvin, he did not speak to anyone about Elvin's
behavior during the years in issue. He opined that Elvin's brain
tumor would have had a negative effect on Elvin's judgment and
behavior. He acknowledged that the criminal investigation
pending against Elvin at the time of his interviews with Elvin
could have affected Elvin.
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