Verizon Employees, Union Gather For Program

2 Flood Properties Remain In Limbo/ The Properties' Owners Want Copies Of
Appraisal Done By County Before They Sell.

By TERRIE MORGAN-BESECKER tmorgan@leader.net
 Thursday, December 22, 2005 &nbsp;&nbsp;&nbsp;&nbsp;Page: 1A 





WILKES-BARRE - A psychiatric expert who was barred from testifying about
George Banks' mental condition had determined Banks was competent to be
executed, according to a report submitted to prosecutors. &nbsp;&nbsp;&nbsp; 
 Dr. Timothy Michals said there was no doubt Banks is mentally ill, but
statements he has made to prison officials and others indicate he understands
he's in prison for killing 13 people, and that he is facing execution for the
crime. &nbsp;&nbsp;&nbsp; Luzerne County prosecutors had planned to have Michals testify at a
competency hearing that will determine if Banks can be executed. But Judge
Michael Conahan on Monday ruled Michals' opinion could not be used because one
of three visits he made to Banks was done without defense attorneys present. &nbsp;&nbsp;&nbsp; 
 In his opinion, Michals said Banks' medical records show he's been
diagnosed with several severe mental illnesses, including paranoid
schizophrenia and delusional disorders, and that his mental condition has
worsened since he was incarcerated following the 1982 murders. The opinion was
filed in county court Tuesday as part of the prosecution's response to the
defense motion to disqualify Michals. &nbsp;&nbsp;&nbsp; 
 Attorneys have said the key issue at the competency hearing is not whether
Banks is mentally ill, but whether that mental illness prevents him from
understanding he is facing execution. Michals said comments Banks made to a
psychiatric expert for the defense, Dr. Richard Dudley Jr., indicate he has
that understanding. &nbsp;&nbsp;&nbsp; 
 "Mr. Banks told Dr. Dudley that his conviction and sentence had been
vacated by God and that his continued incarceration and eventual execution was
the result of a wide-ranging conspiracy. ...," Michals wrote. "It is my
opinion that this statement indicates that Mr. Banks has an understanding of
his conviction and sentence." &nbsp;&nbsp;&nbsp; 
 Conahan's order left prosecutors with two options - hire another expert
before the Jan. 31 hearing or utilize the opinion of a second prosecution
expert, Dr. Steven Samuel. Samuel's report has not been released, so it's
unknown if he agreed with Michals. &nbsp;&nbsp;&nbsp; 
 The state Office of Attorney General, which is aiding county prosecutors,
is still considering appealing Conahan's order, spokesman Kevin Harley said
Wednesday. &nbsp;&nbsp;&nbsp; 
 Al Flora, one of Banks' lead attorneys, said there's a question about
whether the prosecution can appeal the order. Flora said in order to do so,
prosecutors would have to get Conahan to agree that the issue is so important
to their case that they cannot proceed if his order stands. &nbsp;&nbsp;&nbsp; 
 "I just don't know if they can do that at this point," he said. &nbsp;&nbsp;&nbsp;

Banks Had Been Found Competent/ Expert Barred From Testifying Because Killer's Attorney Not At One Of Doctor's Visits.