Judge: Gold Bar Bob Can't Use Psychiatric Diminished-Capacity Defense

A psychiatrist who evaluated New Jersey Sen. Bob Menendez will not be allowed to testify at his corruption trial about "two significant traumatic events" in his life that his lawyers say explain the hundreds of thousands in cash investigators found in his home, a judge said Tuesday. 

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U.S. District Judge Sidney Stein barred testimony from the psychiatrist, Karen Rosenbaum, saying that some of her sworn statements would be "impermissibly based on inadmissible hearsay." ...

Rosenbaum could testify that Menendez "suffered intergenerational trauma stemming from his family's experience as refugees, who had their funds confiscated by the Cuban government and were left with only a small amount of cash that they had stashed away in their home," his attorneys said in a letter to prosecutors last month. 

Ed Morrissey

This was nothing more than an attempt to argue "diminished capacity" as a defense, which notoriously allowed a lesser charge to prevail in the 1978 case of Harvey Milk's murder. That was derisively known as the "Twinkie defense," and most jurisdictions put more stringent standards in place for such defenses. 

The idea that a sitting US Senator was incapacitated by trauma not felt directly by him but his ancestors was patently absurd, and not just because it involved hearsay. But the judge in this case seems to indicate that the real problem is that Menendez himself won't testify to it and be subject to cross-examination over that claim, not that he can't present the defense, absurd as it is. 

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