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Sodhi Trial: Closing Statements may be presented Friday

09/25/2003


http://www.eastvalleytribune.com/index.php?sty=10394
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    Expert says video suggests Roque rational after killing

    By Gary Grado, Tribune
    A jury saw video Tuesday of Frank Roque a few hours after he fatally shot a convenience store owner, denying involvement in the shooting, suggesting to his wife what she should tell police and arranging for the care of his dogs.

    Dr. John Scialli, a prosecution psychiatrist who testified for a second day, said the video showed Roque was "logical and rational" about his home and family and concerned that he was in trouble with the law.

    That means Roque, who is claiming he didn’t understand right from wrong when he shot and killed Balbir Singh Sodhi, 49, on Sept. 15, 2001, is faking his mental illness, Scialli said.

    "I found him to be sane at the time of the crime," Scialli said in Maricopa County Superior Court.

    Roque’s defense attorney tried to attack Scialli’s testimony by suggesting the psychiatrist was a biased hired gun.

    Defense attorney Robert Stein pointed out that Scialli spoke extensively about certain parts of the video tape that bolster his opinion, but he didn’t mention that he saw other video of Roque telling his brother he needed psychiatric help.

    The state, which is seeking the death penalty, contends Roque was consumed with vengeance for the Sept. 11, 2001, terrorist attacks when he targeted Sodhi with the mistaken belief that he was a Middle Eastern Muslim.

    In a surreptitiously taped video of Roque speaking with his wife at the police station, Roque told her he had denied involvement in the shooting. But he explained to her why he committed the offenses.

    "This wouldn’t have ever happened if all that stuff hadn’t have happened," Roque said.

    He also told his wife to tell police he was crying and despondent over the terror attacks.

    Mesa police detective Steve Casillas told Roque he knew for sure he had shot Sodhi and committed two drive-by shootings targeting an Afghan man and a man from Lebanon. "I’m telling you you’re wrong, man," Roque said.

    On Tuesday, Judge Mark Aceto talked about the possibility of closing arguments being presented Friday. Jury deliberations would follow.

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