5. Competence and sanity. I have read the
application of Dr. Seidl both in German and in English, and wish to
make the following comment:
a. Lay discussion of psychiatric concepts does not help
throw any light on this case, because psychiatrists themselves are
not in agreement on the definition of terms like "psychopathic
constitution", "hysterical reaction", etc., and these
terms have entirely different meanings in English and German usage.
b. The psychiatric commissions have agreed, and my further
observations have confirmed, that Hess is riot insane (in the legal
sense of being incapable of distinguishing right from wrong or
realizing the consequences of his acts).
c. Hess did recover his memory for a sufficient period of
time (2—3 months) to give his counsel ample cooperation in the
preparation of his defense. If he failed to do so, it was the result
of a negativistic personality peculiarity, which I have also
observed, and not incompetence.
d. There has been no indication in his ease history or
present behavior that he was insane at the time of the activities for
which he has been indicted. His behavior throughout the trial has
also shown sufficient insight and reason to dispel any doubts about
his sanity. (He may have gone through a psychotic episode in England,
but that in no way destroys the validity of the previous two
statements. He has exhibited signs of a "persecution
complex" here too, but these have not been of psychotic
proportions.)
e. In my opinion, another examination by a psychiatric
commission at this time would not throw any further light on the
case, because the clinical picture is the same and the conclusions
would necessarily be the same as those of the original psychiatric
commissions, to wit: Hess is not insane but suffering from hysterical
amnesia. I have discussed this case with the present prison
psychiatrist, Lt. Col. Dunn, who has recently examined Hess, and he
is also of the opinion that Hess's present mental state is apparently
the same as that indicated in the original psychiatric reports, which
he has read.
/ s / G. M. GILBERT, Ph.D.
Prison Psychologist