A highly emotional sentencing hearing Monday morning in the federal courtroom of Judge Sandy Mattice brought into question at what level does mental culpability which does not rise to the level of insanity come into play? While an expert witness from Brentwood, Tn., agreed with the diagnosis of bi-polarism in Eric Porter Elsea, convicted of defrauding his tax preparation clients of over $77,000, he could pronounce the defendant as insane.
The law, according to Judge Mattice, does not allow for consideration as a mitigating factor unless the level of mental evaluation reaches insanity.
Taking everything into consideration, the judge ordered a sentence of six months with self-reporting by Sept. 22. The judge said, “This will give you a chance at salvaging next year’s tax season for your business and hopefully allow you to begin paying the restitution you are responsible for.”
Judge Mattice went on to say, “I’m struggling with my conscience on the six months; I cannot go any lower than that.”
It was easy to see that Judge Mattice was struggling with not only what the law said, but what was fair in this situation. Elsea’s attorney, Myrlene Marsa, continually made that plea, prompting the judge to ask on several occasions, “Are you asking me to change the law?”
According to the expert witness, Dr. Keith Caruso, “Bi-polarism, or manic depression, impairs the judgment. He would have had a great deal of difficulty in controlling his actions and would not have grasped the seriousness of his actions.”
It was an extremely emotional hearing as the judge heard from Elsea’s estranged wife, Heather. Mrs. Elsea testified that she had become suspicious of her husband’s mental situation during their time together. “He was not the same man I married,” she stated. “He would become tremendously talkative, sometimes until two or three in the morning. He was excitable and would sometimes blow up over something insignificant.”
“He would then become depressed and stay in bed for several days at a time,” she said. The couple had a son born in July of 1995. According to Mrs. Elsea, her husband was receiving counseling and medication during this time and was acting very good during the duration of the pregnancy. “Then, in 1997 he began a downward spiral. I likened it to a switch being flipped,” Mrs. Elsea remarked. During this time she said he was drinking heavily and began to be part of some sort of sub-culture.
“I lost the man I had married,” she sobbed. “When he left for work I would go through his clothes and find enormous amounts of unexplained spending.”
Mrs. Elsea continued to talk about her estranged husband’s mental health treatment. During this time, she testified that she witnessed a 180-degree turn-around in the man she married, now a convicted felon. “How was he different?” asked Ms. Marsa. “He was desperate to make things right. He was devastated when he realized what he had done.”
She went on to talk about how he had begun to rebuild his relationship with his son and how committed he was to remain in 100 percent compliance with his treatment orders.
“I married a very loving and caring man,” she stated. “After our newly-wed, or grace, period, I began to realize he had very serious problems - although I would have never suspected he would have taken money. I am here mainly because I am proud of him and for the fact that he truly wants to repay the money he took.”
On rebuttal, Assistant Prosecutor John MacCoon brought out that “just because one is bi-polar, it doesn’t mean that you have to steal does it?” Mr. Caruso responded, “No, it doesn’t.” “Wouldn’t you agree that although his condition influenced him, it didn’t determine him?” “Yes, I would,” agreed the psychiatrist and expert witness.
At this point, the judge said to the doctor, “It sure sounds like you are asking me to change the law in this case.”
Judge Mattice related that basically what he was being asked to do would be appropriate in a capital case, but not so much in the one now before him.
Dr. Caruso replied, “Had the defendant not been bi-polar he would not have engaged in this behavior.”
Ms. Marsa added, “While it doesn’t rise to the level of insanity, his behavior does rise to the level of affecting his culpability. While it doesn’t excuse his behavior, his bi-polar condition does affect the level of his actions.”
“Your honor, this defendant got himself in a jam. White collar crimes are usually bad judgment to steal when one gets in a jam,” replied Mr. MacCoon.
“Mr. Elsea, you certainly made a bad mistake and you hurt people,” said Judge Mattice.
At this point, Ms. Marsa requested either probation or a variable sentence where Elsea could do jail time on a revolving basis in order to keep his business afloat. The judge replied, “No, he’s going to have to serve some jail time on this one and the Bureau of Prisons will certainly not agree to what you are proposing.”
Mr. MacCoon asked that the judge consider the low end of the 12-18-month sentencing guideline before him.
When it was Elsea’s turn to speak, he did so with great emotion and clarity. He began, “Your honor, I stand before you today an humbled man.” He continued to question himself as to what he had done and what had possessed him to do so. “I am here before you today because I did not want my mental state to stand as an excuse for not facing the court,” he said.
“Early on in this situation I found myself on the Market Street Bridge contemplating suicide, but thoughts of my son kept me from taking my life,” he said through muffled sobs. He then continued, “I didn’t realize until just recently all the strain I had put on my mom and dad.” Turning to face them in the gallery, he wept and said, “I am so sorry.”
Also on the docket, Zahra Mosayebi, originally found guilty of mail theft, had her sentence revoked and was sentenced to time served and placed on probation for two years, including an initial period of three months on house arrest with an ankle monitor in place. She was to be released into the custody of her parents Monday afternoon.
Roger Roof, also known as “Buddha” amongst the motorcycle gang culture in the local area, was sentenced to three years of probation for distribution of cocaine, a Schedule II controlled substance.
Authorities said Roof was involved in a cocaine conspiracy with Gary “Doodah” Raines, Hershell Raines, James “Smiley” Westbrook and others.
On Oct. 9, 2008, the Bureau of Alcohol, Tobacco, Firearms and Explosives used a confidential informant to make a controlled purchase of approximately 10 grams of cocaine from Roof. The deal was recorded.
On Nov. 19, 2008, the informant had a recorded conversation with Westbrook about cocaine distribution among the Outlaws and Black Pistons, authorities said.
Westbrook admitted he was the source for several Outlaws, at least two of which he named. He said he was also the source of cocaine for Roof, prosecutors said.