Doctor calls Col. Park murder suspect insane

KENNEWICK -- A Richland psychologist who met with a murder suspect 39 times in the past two years testified Wednesday that Phiengchai Sisouvanh Synhavong is insane, can't tell the difference between right and wrong and believes she's currently pregnant.

Philip Barnard said he spent about 80 hours evaluating the now 25-year-old Kennewick woman since she has been in the Benton County jail and believes years of childhood abuse led to neurological and psychological issues.

But when Prosecutor Andy Miller crossed examined Barnard, he criticized Barnard's evaluations and charged that there were inconsistencies with his conclusion.

Sisouvanh Synhavong is on trial in Benton County Superior Court for aggravated first-degree murder in the June 2008 death of Araceli Camacho Gomez, 27. She is accused of repeatedly stabbing the pregnant Pasco mother, cutting the baby from the womb and trying to claim him as her own.

The baby, who Sisouvanh Synhavong called Johnny but was named Salvador, survived and is being raised by his father and two older siblings.

She pleaded not guilty by reason of insanity.

If convicted, she will be sentenced to life in prison. If acquitted by reason of insanity, she would be turned over to the state Department of Social and Health Services to determine how long she would be committed to a state mental hospital.

Barnard was called Wednesday as the last witness for the defense, which is trying to convince a jury that Sisouvanh Synhavong lives in a fantasy world because of the physical, emotional and sexual abuse she suffered.

He said she was brain damaged, delusional and psychotic and exhibits signs of post traumatic stress disorder.

She also suffers from dissociative disorder, which Barnard said means she mentally removes herself from difficult situations to protect herself, he said.

He also said he believes she has repressed rage issues from being abused by her mother and went into a "dissociative episode" believing she was attacking her mother, when she stabbed Camacho Gomez.

"To stab someone 47 times takes a tremendous amount of rage," he said. "If her only intent was to kill Araceli and cut the baby out, she could have easily done it without stabbing her 47 times. ... She lost it. ... She couldn't tell right from wrong."

Barnard said he gave Sisouvanh Synhavong a test twice in 2009 that indicated she was malingering, or feigning a mental illness, but he said the test was "not particularly sensitive to individuals with neurological impairments."

He recently administered a different test to determine if she was malingering and she "passed the test with flying colors," scoring 96 percent, which meant she wasn't faking or exaggerating her symptoms, he said.

Barnard said Sisouvanh Synhavong also currently believes she is pregnant -- and has been since she's been locked up -- and refused to take medications for fear of harming the baby.

During his meetings with her, he said Sisouvanh Synhavong has talked about two children named Johnny and Jaden.

"Johnny supposedly was the child she gave birth to. ... She believes Johnny was kidnapped by the Kennewick Police Department shortly after birth," he said. "She wrote a letter to the Kennewick Police Department, I believe, saying 'I want my baby back.' ... She believes if Johnny is found then Jaden, who she says she is now pregnant with, will be born."

Barnard also explained that after Sisouvanh Synhavong was taken to the hospital with Camacho Gomez's baby, she still was in a "confused dissociative state" but was "shocked back into reality" by Dr. Victor Brooks when he shook her and confronted her about what happened.

He said another sign of the dissociative disorder is Sisouvanh Synhavong saying she confessed because she didn't want the police officers to be angry with her and thought her punishment would be less severe.

"She told me she confessed because she wanted to get over it," he said. "She had no comprehension of the trouble she was in."

Miller, however, quickly pointed out flaws or inconsistencies in Barnard's testimony when he began his cross examination.

Barnard used a book written by Dr. Richard Rogers on how to conduct insanity evaluations as one reference for his evaluations, and Miller repeatedly read portions of Rogers' book and questioned whether Barnard followed the advice.

The book referenced an assessment that said should not be used in insanity evaluations because it's likely to be wrong 82 percent of the time, but Miller noted that Barnard used the assessment twice this year, on June 11 and July 23.

Rogers' book also said evaluators conducting forensic exams should not act as a friend, advocate or protector and Miller referred to transcripts of interviews Barnard conducted with Sisouvanh Synhavong where he contended that Barnard failed to follow that advice.

"Well, I will tell you the same thing. Do not give up," Barnard said to Sisouvanh Synhavong in one interview. "You've been fighting. We're all fighting. You still are."

Miller asked if those statements were of a "neutral fact finder" or an advocate. Barnard replied it was as a facilitator.

Barnard said the officers were doing "a lot of suggesting and leading" in their interviews with Sisouvanh Synhavong and she told them what she thought they wanted to hear. But when Miller went through portions of interviews with two officers, Barnard conceded that most of the questions were open-ended.

Miller also grilled Barnard about why he didn't talk to other witnesses to corroborate Sisouvanh Synhavong's story and highlighted areas in her interviews with police that showed she was aware she would face consequences for her behavior and was worried about facing Camacho Gomez's family in court.

Miller noted that Rogers' book said detailed planning occurred infrequently in those considered insane, but pointed out that Sisouvanh Synhavong found a pregnant woman, made arrangements to get her alone to give her baby clothes and had a knife, yarn, mechanics gloves, white latex gloves and "an apparatus to clear a baby's passageway."

"That is a factor that would probably weigh against insanity?" Miller asked.

"It's something to consider, yes," Barnard replied.

Miller also pointed out that Barnard typically is called as an expert witness for the defense in Benton County cases. Barnard said he was contacted by defense attorneys, Michael Iaria and Dan Arnold, to evaluate Sisouvanh Synhavong and charges $300 an hour.

He said in addition to the 80 hours worked with her, he estimated he spent up to 50 hours reviewing police reports and completing his diagnosis for the defense. However, Barnard said he doesn't expect to bill the county for all of his time.

Before completing his cross examination, Miller played the end of the taped July 23 interview to suggest that Sisouvanh Synhavong is faking to get away with the crime.

"Look, I help my team honestly and look what I'm going to get, probably nothing. I have come up with such a great story. Look where I'm at. I'm sorry, I swear," Sisouvanh Synhavong told Barnard.

His response then was "OK. I gotta go."

In court, Arnold followed up and asked Barnard what Sisouvanh Synhavong really meant when said she said was going to get nothing. Barnard said she was dejected when she made that comment in the interview.

Barnard will be back on the stand this morning.

* Paula Horton: 509-582-1556; phorton@tricityherald.com

This story was originally published October 14, 2010 at 12:00 AM with the headline "Doctor calls Col. Park murder suspect insane."