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By KENNETH DEAN
Staff Writer

ATHENS — After debating over the relevance of two women’s testimony in the Randall Wayne Mays murder trial, the judge recessed the court Thursday to study the law as it applies to the introduction of testimony dealing with possible mental illness.

Mays stands accused of shooting to death Henderson County Sheriff’s deputies Tony Price Ogburn, 61, and Paul Habelt, 63, last May when the two responded to a domestic dispute call where shots were reported to have been fired.

Mays is also accused of shooting and injuring Lt. Kevin Harris the same day and faces the possibility of the death penalty or life in prison if convicted in the case.

Tarrance had issues because, in most cases, the mental health of a person pleading not guilty is not admissible in the guilt/innocence phase, but is used in the sentencing phase of a trial.

However, Mays’ attorney Bobby Mims said Article 38.36 of the Texas Code of Criminal Procedures applies because even a defendant’s state of mind is applicable relating to murder involving family violence.

Texas Attorney General Prosecutor Wesley Mau and Henderson County District Attorney Donna Bennett both objected and raised serious questions, stating that if the two mental health experts were allowed to testify it could confuse the jury and end with an acquittal in the case.

Tarrance stated he was afraid if he did not think the ruling through and render the correct opinion that his decision could be reversed by a higher court.

Before the recess and out of the presence of the jury, Dr. Theresa Vail, a Tyler psychiatrist, and Gilda Kessner, a forensic psychologist, both testified Mays suffers from a paranoia disorder.

Dr. Vail testified that she has treated Mays since he was incarcerated and that she had prescribed both anti-depressant and anti-psychotic medications.

“He has thought disorder. He had thoughts that people were trying to poison him or hurt him in jail,” she said. Dr. Vail said she did not know how long Mays had suffered from the psychotic disorder.

On cross-examination, Mau asked if it was true that the doctor was told by Mays of the fixed and false beliefs he was suffering, and she said it was.

“Randall believed someone was putting something in his food,” she said.

Dr. Vail said she believed Mays was able to carry out a plan and able to understand the consequences of his actions, adding that Mays expressed fears of black officers in the jail.

Ms. Kessner, hired by the defense, told the court she has never seen Mays, but had looked at records of the incident, including records of Mays’ two hospitalizations at Terrell State Hospital.

Using those records, the videotapes and the interviews of deputies on the scene, Ms. Kessner said in her opinion, Mays suffered from an episode of delusional paranoia during the incident.

She said there may be times when he is calm — like when he was talking to deputies early in the tape — and other times when the problem is exacerbated, such as when he is screaming about someone poisoning him.

Mims asked if she thought Mays was in a psychotic state during the shooting.

“His verbalizations indicate the paranoia was very active,” she said.

Ms. Kessner said the tape indicated Mays did not trust the deputy in charge and, as long as the deputy remained in the forefront of the situation, he withdrew inward even more.

Ms. Kessner said her opinion was that Mays knew what he was doing, but was under the influence of his delusional processes.

In other testimony, Mims recross-examined deputy Billy Jack Valentine as he attempted to establish his client’s state of mind during the incident.

Mims asked if it was a fair statement that if Valentine could have stopped Mays, it would have all been over with then and Mays would have been in custody and no one would have been hurt.

Valentine said, “If I could have stopped him, then yes.”

Mims then asked what happened when Mays thought he was going to jail and Valentine said he seemed like Mays facial expressions and his demeanor changed dramatically.

After multiple times of trying to get Mays to give up, he suddenly started firing his 30-06 rifle, striking Ogburn, Habelt and finally Harris.

Mims asked if there were a lot of things wrong out at the scene that day.

“We’ve got two deputies dead. That’s what’s wrong,” Valentine replied. Tarrance is expected to rule on the mental illness issue when court reconvenes today at 9 a.m.