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(Editor's Note: Updates are being provided during the day from the trial of Randall Wayne Mays, charged in the May 2007 killings of two Henderson County Sheriff deputies as they responded to a 911 call at his home. More recent updates will be posted at the bottom of this story throughout the day.)

By KENNETH DEAN
Staff Writer

ATHENS – Judge Carter Tarrance will allow testimony from a mental health expert despite strong objections from the prosecution in the murder trial of a man accused of killing two Henderson County Sheriff deputies last year.

Texas Attorney General Prosecutor Wesley Mau asked the court to allow the defense to have a running objection to the lines of questioning.

Tarrance said the expert can testify to these stipulations: Does the defendant have a mental defect? Define the mental defect. Was that defect present on the day of the shooting? Can the defendant act intentionally or knowingly despite the defect?

Randall Wayne Mays could face the death penalty or life behind bars if convicted of the May 17, 2007 shooting deaths of deputies Tony Price Ogburn and Paul Habelt. Mays is also accused of shooting and injuring Lt. Kevin Harris during the incident in which deputies were dispatched on a domestic disturbance call where gunfire had been reported.

Lead defense attorney Bobby Mims began his questioning of Gilda Kessner, a forensic psychologist who believes Mays suffers from a paranoia disorder.

Jurors listened intently to Ms. Kessner as she testified concerning the psychosis and delusions from which Mays apparently suffers and was suffering on the day of the shooting.

This particular type of mental illness could include the subject suffering from hallucinations, unorganized speech, catatonic behavior and other delusions. Mims asked Kessner if based upon all the evidence she reviewed, is it her belief he was under psychosis the days of the shooting?

Kessner said what she heard was that Mays’ thinking was disordered, and she said that a person suffering from psychosis is always under the paranoid thought process even if they do not show outward symptoms.

She testified that a personality disorder affects every aspect of the person’s life and includes a deep mistrust of others, believing they are deceitful and trying to hurt the person suffering from the mental defect.

Ms. Kessner said the person can formulate thought processes and can act knowingly and intentionally, but would still be under the paranoid disorder.

“It was active that day and it is active every day,” she said.

“On May 17, 2007, is it your opinion that Mr. Mays suffered from mental illness?” Mims asked.

“Yes,” Kessner replied.

Mau, on the cross examination, asked Ms. Kessner if she agreed with Dr. Theresa Vail’s testimony. She said she did.

Mau then asked if it was true that Dr. Vail had said Mr. Mays did not have a personality disorder.

Ms. Kessner said he did, but added she had more information that Dr. Vail had when she treated Mays.

Mau asked about the differences between a psychologist and a psychiatrist. Ms. Kessner said a psychiatrist is a medical doctor and a psychologist is not. Ms. Kessner said she is a psychologist.

Mau asked if she agreed that up until the point where Mays learned he was being read his rights, there were signs of paranoia disorder.

Ms. Kessner said not specifically, but noted that Mays seemed preoccupied, saying his wife had been sexually assaulted.

“Up to the point until he is about to be arrested, Mays is cordial, right?” Mau asked.

“Congenial,” she replied.

Ms. Kessner said Deputy Billy Jack Valentine’s words, “Let’s not make this harder than it has to be,” show the deputy believed there may be a problem with Mays when he begins to read the man his rights.

Mau asked if Mays was capable of acting knowingly, and if he knew what he was doing when he shot Ogburn.

“His actions are based on distorted reality,” she said.

Mau asked her to answer the question. “You have had your testimony prepared before you got here, now answer the question. It is a simple yes or no?”

Ms. Kessner said he did kill Ogburn, but he did not have a realistic impression of what was happening.

Mau said her diagnosis did not say that. The psychologist stuck by her testimony that Mays believed he was under attack.

Mau asked if she believed Mays was mentally affected enough to cause him to not know his actions would end in death. Mays muttered, “I didn’t….” Mims touched his client and told him to remain quiet.

Mau asked Kessner how much she was getting paid for testimony.

“$200 per hour,” she said.

Mims asked if everyone involved in the case was being paid. Kessner said they were either salaried or working on contract.

Mims then said he wanted to get back to what was important. “The gist of it is that he is mentally ill right?” Mims asked.

“Yes,” she said.

Mims, outside the presence of the jury, requested to call Texas Ranger Kenny Ray in regards to an interview Mays gave where he confessed. This would also allow a tape to be played of the interview showing Mays' state of mind on the day of the interview.

Tarrance said he would deal with the matter during the lunch hour. In another ruling, Tarrance allowed the previous testimony of Dr. Vail because she is not avail-able for a personal appearance in court today, and it was placed in the record as was Ray’s testimony, but neither will be published to the jury at this point.

The defense rested. Both parties closed their case.

“Your honor, can I say something?” Mays said as the jury was being dismissed.

Tarrance recessed for lunch as the parties prepare the charge against Mays, which the jury will hear before beginning deliberations.

Updated Friday, May 9, 2008 at 11:49 a.m. CDT

Judge Tarrance began the afternoon session by asking if there were objections to the charge as it was written before it was given to the jury in the Mays murder trial. The packed courtroom has family members and members of law enforcement agencies including fellow officers of the two slain deputies.

Mau objected to wording of several paragraphs and Tarrance overruled all of them after Mims said he had no problems with the order, except that manslaughter was not a possible charge.

Tarrance said after the reading of the charge, both sides would be given 45 minutes in their closing arguments. The two alternate jurors are being sequestered until a verdict has been rendered in the case, but will not be a part of the deliberation process.

Updated Friday, May 9, 2008 at 2:09 p.m. CDT

Mau began closing arguments by explaining the charge to the jury.

Mau reiterated the events as they unfolded, and said everything went fine until Valentine began to read Mays his rights.

“There is no reason to believe the defendant has any bad feelings or that there is any paranoia going on up until that time,” he said. “Randall Wayne Mays made a decision.”

Mau said there was no sudden snapping or change in attitude. He just decided to run.

Mau said Valentine gave Mays every opportunity to give up, even though Mays had a gun pointed at him and Valentine would have been within his rights to use force at that time.

Mau said Mays knew what he was doing when he picked up the rifle and began firing.

“He sets his sights on Tony Ogburn and shot him dead. He blew his head off,” he said. “When he is shot and can’t fight anymore, does he think the officers are there to kill him? No, he does not, because he gives up to the officers,” he said.

Mau pointed out that after Mays killed two of their officers, the other deputies took him into custody despite their emotions and feelings.

“What we have here in all essence is a defendant who does not want to go to jail,” he said.

Mau said the difference between Mays and the police is that he killed, and the police would not.

“When he asks in the tape, “What makes me the bad guy?” This is what makes him a bad guy.”

Mims approached the jury, saying that he told them from the beginning that the truth is what he wanted to be told, and he believed that truth has be shown to the members of the panel.

“There are no excuses and no exceptions. There are only explanations,” he said.

Mims said, "We have nothing to offer you except for this explanation." He continued by saying that Dr. Vail had been treating Mays for psychosis.

“What happened out there is a tragedy and has devastated many families,” he said. “I know what the verdict is going to be.”

Henderson County District Attorney Donna Bennett wrapped up the closing arguments by telling the jury to think about what happened.

“They tried to get him to come out. They tried to resolve this peacefully. They did everything they could. We are here today because of the choices that man made,” she said.

Bennett said he deliberately used the rifle’s scope to kill Ogburn.

“He was out to kill. There is nothing else that you have heard that this defendant committed capital murder. He is a cold blooded calculated killer,” she said. Bennett finished by saying, “You must find him guilty of capital murder.”

After an hour, the jury has reached a verdict in the case against Mays.

Jury Foreman Anthony Lazzaro gave the verdict of guilty of capital murder. Mays stood by his defense team but did not show any emotions.

Tarrance said the jury is to be back tomorrow at 9 a.m. to begin the sentencing phase of the trial. He also reminded them to not watch any news or read any news accounts.

After the jury's verdict of guilty was read, a sigh of relief was heard from the gallery, and Randall Wayne Mays was led from the courtroom. He waved to his wife, Candace, who said back, "I Love You, Randy."

Updated Friday, May 9, 2008 at 4:01 p.m. CDT