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w & OY It was also argued on behalf of Sirhan, that in late May and early June 1968, when Senator Kennedy, during the course of his political campaign, stated that he, as President, would send 50 phantom jets to Israel, that this pledge provoked a heavy shock in Sirhan and sent him back to mysticism. Sirhan testified that he never thought he would ever kill Kennedy, but felt that through his mystic mind power he could fantasize about it (killing Kennedy) and relieve that feeling of emptiness inside him. Defense counsel . argued that there was no doubt that Sirhan did in fact fire the shot that killed Senator Kennedy, but that the killing was unplanned and undeliberate, impulsive and without premeditation or malice, totally a product of a sick, obsessed mind and personality, and that at the actual moment of shooting, Sirhan was out of contact with reality, and in a trance in which he had no voluntary control over his will, or his judgment, or his feelings or his action. [It © was argued that because of this mental illness and emotional dis- order, Sirhan did not have the mental capacity to have the mental State that was the necessary element of murder: namely, maturely and meaningfully premeditate, deliberate or reflect upon the gravity of his act. At trial, defense psychiatrists ineluded Dr. Eric Marcus and Dr. Bernard Diamond, both of whom stated that Sirhan had been a "paranoid schizophrenic: at the time of the shooting." They con- tended that Sirhan was in a disassociated state of "restrictive consciousness" as a result of his particular psychotic condi- tioning. Essentially, they argued that Sirhan lacked the capacity to maturely and meaningfully reflect on the gravity of the act of murder. ; In rebuttal, prosecution psychiatrist, Dr. Seymour Pollock, Stated that he had interviewed Sirhan eight times and the defendant's family several times, and found that Sirhan was "not Clinically psychotic." Pollock did admit, however, that Sirhan was emotionally disturbed and mentally ill. Poliock stated that the repetitive writing ("R.F.K. must die" and other writings and actions stated previously in this report), were examples of Sirhan's attempt to strengthen his courage and ability to carry out his intention to kill Kennedy. However, Pollock strongly argued that Sirhan's writing, the manner in which Sirhan wrote, reflected a healthy, mature mind. Pollock also argued that an accused is found not guilty by reason of insanity where there is proved a specifically impared mental function and capacity. Pollock felt whether a particular defendant has a psychosis, paranoid condition, or schizophrenia is not relevant to his guilt or innocence. Pollock concluded that an accused is never found "not guilty by reason of schizophrenia." In Pollock's clinical judgment, Sirhan was suffering from a substantial degree of paranoid disorder. But he did not believe that Sirhan had killed Kennedy as a "compulsive act", and Pollock felt there was no evidence of any mature paranoid illusions. Pollock stated that Sirhan's desires to kill Kennedy showed intent, but they did not fall into the category of a paranoid obsession. - 15 - inten eae ee