Multiple-personality defense goes to high court Associated Press EVERETT -- A sex offender's multiple-personality defense, barred by a trial judge and the state Supreme Court, is being taken before the U.S. Supreme Court with support from his victim, a woman who was his therapist in prison. "You don't see that very often," said lawyer David Koch of Seattle, who is handling William Greene's appeal. The victim, attacked by Greene after his release from imprisonment on a 1988 indecent-liberties conviction, wanted to testify for the defense in 1995, when Greene went to trial in Snohomish County Superior Court on indecent-liberties charges in the attack on her. But the trial judge barred testimony about the multiple-personalities disorder she had diagnosed. Greene's conviction, his "third strike," sent him to the state penitentiary at Walla Walla for life. In September, the state Supreme Court upheld the trial judge's decision, all but ruling out use of a multiple-personality defense in criminal cases on grounds that expert testimony cannot help jurors decide responsibility. The justices referred to a state evidence rule that requires scientific testimony be "helpful" to jurors. Koch, who contends Greene's rights were violated by the decision, plans to file a petition with the nation's highest court this week. He contends the state justices went too far. Prosecutors disagree. "I read the opinion as basically saying the state of scientific knowledge doesn't tell us anything about responsibility, which is what we care about in criminal trials," said Seth Fine, chief criminal appellate lawyer for Snohomish County. In therapeutic settings, a person with multiple personalities is referred to as "the system," Fine said. The system is held accountable for misdeeds. The therapist began treating Greene at the Twin Rivers correctional facility in Monroe. Greene grew up in California reformatories after being declared incorrigible at age 8. The therapist, 50, of Snohomish County, said she diagnosed more than 20 personalities in Greene, now 45. Snohomish County prosecutors believe Greene, also diagnosed as an antisocial personality who uses guile, charm or force to get his way, is faking. Before trial, prosecutors argued the disorder was too controversial among psychiatric experts to be admitted as scientific evidence. The judge agreed. Koch appealed Greene's conviction to the state Court of Appeals, which in August 1998 ordered a new trial, saying multiple-personality disorder meets the standard for scientific evidence. The state Supreme Court disagreed last fall, ruling that no new trial was needed. Copyright © 2000 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
