7.Tonia Werner — Redirect (Part 5)
96 linesREDIRECT EXAMINATION
BY MR. JAY:
MR. JAY: In your decades of experience, have you ever treated patients that suffer from trauma disorders?
TONIA WERNER: Yes.
TONIA WERNER: I have patients on my unit right now that I'm treating on a regular daily basis who have -- suffer from trauma.
TONIA WERNER: Yes.
TONIA WERNER: Probably five to six a month on my inpatient unit.
TONIA WERNER: Yes.
TONIA WERNER: Since 1998, when I began my career at the University of Florida on faculty.
TONIA WERNER: Yes.
MR. JAY: All right. Any of these things that you talked about -- narcissistic personality disorder, adjustment disorder, anxiety, battered spouse syndrome, any stress or trauma-related disorder -- if the State wanted to ask you those opinions, would you have been receptive to more materials before making any opinions about those topics?
TONIA WERNER: Yes.
MR. JAY: And is it your testimony today that you don't have enough information to necessarily make a complete and proper diagnosis on any of those things since you have not been provided those materials?
TONIA WERNER: Correct.
TONIA WERNER: Yes.
TONIA WERNER: Correct.
MR. JAY: Going back to what you testified to on direct when the State asked you your opinion about this case, everything that you just talked about with Mr. Owens, does that change your opinion about whether or not battered spouse syndrome is applicable to the facts as Ms. Boone relayed them to you about this incident?
TONIA WERNER: No, not at all.
TONIA WERNER: Because, again, she -- the way that she --
MR. OWENS: Objection, Judge.
(At the bench.)
THE COURT: Legal grounds?
MR. OWENS: Well, her answer is --
THE COURT: Legal grounds?
MR. OWENS: Asked and answered. She's going to rehash it again that battered spouse and post-traumatic stress do not apply because her conduct was not one that she's facing.
THE COURT: Any response?
MR. JAY: I'm asking her, based on all the information that was just conveyed to the jury and all the questions and answers that was given, that wasn't asked about in direct because it didn't happen.
THE COURT: The objection is overruled as to asked and answered.
(In open court.)
THE COURT: The objection is overruled.
BY MR. JAY:
MR. JAY: Based on your conversation with Mr. Owens, you've indicated that your opinion did not change, and now would you answer why?
TONIA WERNER: Yes. So based on my interview with her and the way that she described the incident to me and that they were laughing and having a good time, it didn't play into relaying any kind of triggers or any kind of trauma.
MR. JAY: And I'm showing you what has been marked for identification purposes by the defendant as I. Does this photograph inform you as to what happened?
TONIA WERNER: No.
TONIA WERNER: No.
TONIA WERNER: No.
TONIA WERNER: No.
TONIA WERNER: No.
TONIA WERNER: No.
TONIA WERNER: No.
TONIA WERNER: No.
TONIA WERNER: No.
MR. JAY: If those specifics as to what happened and who was the aggressor is dependent upon the credibility of somebody, would you want to take into account all of the things that can make a person credible or less than credible?
TONIA WERNER: Yes. You would want to take that into account.
MR. JAY: Okay. And you talked about alcohol use disorder. Would you take that into account if somebody is under the influence of alcohol or had been consuming alcohol when they relay a history as to things that happened?
MR. OWENS: I'm going to object.
THE COURT: Approach.
(At the bench.)
THE COURT: Legal grounds?
MR. OWENS: Judge, it's beyond the scope of cross. I asked her if she suffered from alcohol use -- I asked if she suffered from alcohol use disorder. I didn't ask her whether her alcohol use disorder affected her decision-making as it relates to the facts relating to whether or not she had -- or felt she had an imminent threat of harm from Jorge Torres.
THE COURT: Any response?
MR. JAY: Judge, this is going into the pictures that were shown and I'm cross-examining the cross-examination. And what's pertinent is the history that's provided. A photograph doesn't tell you what happened. And the credibility of the historian is at issue and there are facts in evidence that when she provided these histories, that she was under the influence.
THE COURT: Objection is overruled.
(In open court.)
THE COURT: Objection is overruled.
BY MR. JAY:
MR. JAY: Would you consider somebody's alcohol use and level of intoxication in evaluating the credibility of them as a historian?
TONIA WERNER: Yes.
MR. JAY: And you were asked about whether or not you did any testing for post-traumatic stress disorder?
TONIA WERNER: Correct.
TONIA WERNER: Correct.
MR. JAY: You already indicated, however, you believe that Ms. Boone meets the criteria for battered spouse syndrome?
TONIA WERNER: That's correct.
MR. JAY: Again, that doesn't change your opinion that you gave when talking with me on direct examination?
MR. OWENS: Judge, object. It's been asked and answered.
THE COURT: Overruled.
BY MR. JAY:
MR. JAY: Specifically about this question about the testing that you did not perform, did this lack of testing have any change or affect on your opinion as to whether or not battered spouse syndrome applied to the facts of this case?
TONIA WERNER: No.
TONIA WERNER: Yes.
MR. JAY: Would you agree that simply because somebody is mentally ill and meets the criteria for a diagnosis such as schizophrenia, bipolar, any of those psychotic or mood disorders, that doesn't necessarily make a person legally insane?
TONIA WERNER: Correct. The two aren't equal.
MR. JAY: Likewise, even if somebody meets the criteria for battered spouse syndrome, does that mean every action they take against their intimate partner is justified?
TONIA WERNER: Correct. That's not -- that's not -- they wouldn't be equal.
MR. JAY: Okay. So even if you do have battered spouse syndrome, even if you are in an intimately violent relationship, that doesn't necessarily mean any action you take against your partner is justified?
TONIA WERNER: That's correct.