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XEROX SHOOTINGS

Uyesugi found
delusional but fit
to stand trial

The Xerox shooting suspect
hears or imagines things not
real, say doctors' reports

By Debra Barayuga
Star-Bulletin

It ultimately will be up to a jury to decide whether accused murderer Byran Uyesugi was legally insane when he opened fire Nov. 2 on his supervisor and six co-workers in the state's worst multiple murder.

The court on Wednesday had declared Uyesugi, 40, a copy machine repairman, fit to stand trial May 15 based on the findings of three court-appointed doctors.

According to reports released yesterday, Uyesugi suffers from a major mental disorder.

But doctors say Uyesugi was not legally insane at the time of the alleged offenses.

Uyesugi's attorneys, who intend to raise the insanity defense, said they don't contest the mental disorder diagnosis.

Whether the disorder substantially impaired Uyesugi from distinguishing between right and wrong and whether he was capable of controlling his actions at the time, is up to the jury to decide, said Uyesugi's attorney Rodney Ching.

Not suicidal, no sign of depression The doctors' examination included a review of personnel, medical and police records, and personal interviews with Uyesugi, family and co-workers. The doctors' letters also noted: There was no significant medical history or any current medical problems that could explain his alleged behavior. Uyesugi reported that the only mental health treatment he had was to satisfy his employer's requirements. He was not suicidal and did not describe any symptoms of depression. His life outside work was normal. He understands the charges against him, the legal ramifications, and can assist in his defense. Debra Barayuga, Star-Bulletin

Ching objected to the release of certain statements contained in the reports, saying they will jeopardize his client's right to a fair trial.

Circuit Judge Michael Town granted the defense's request that certain portions of the doctors' reports be sealed.

Town ruled there was a "substantial probability" that the statements' release could affect Uyesugi's right to a fair trial.

According to independent reports submitted by psychologists Tom Cunningham and James Tom Greene and psychiatrist Leonard S. Jacobs, Uyesugi suffers from a delusional order -- meaning he hears or imagines things not real.

Uyesugi also believes people are persecuting him.

But Greene wrote, "It is my opinion that his capacity to understand the wrongfulness of his conduct and his ability to conform his conduct to the requirements of the law were not substantially impaired by his mental condition at the time of the alleged conduct."

Added Cunningham, "I believe he could appreciate the wrongfulness of his conduct, but acted out of anger in spite of that appreciation."

City Prosecutor Peter Carlisle declined comment on the doctors' findings, saying he didn't want to jeopardize the state's ability to find a fair jury, nor provide any grounds for the case to be continued.

"I think the community needs this case closed, and people who are survivors of the victims need the case closed."