Psychologist: Teen in Landstown case was sane

VIRGINIA BEACH

The first mental health expert to interview Philip Bay after he was charged with planning an attack on Landstown High School found the teenager sharp, well-spoken and sane.

Forensic psychologist David Keenan spoke with Bay within days of his arrest in April 2009 at the behest of the public defender initially appointed to defend him.

Keenan's testimony in Circuit Court on Friday offered a much different image of the 19-year-old, who was described as insane by three other mental health experts called by the defense earlier this week.

"He knew right from wrong and had the capacity to control his impulses," Keenan said. "He did not meet the finding of insanity."

Keenan was called as a rebuttal witness by the prosecution, which has said Bay was calculating and manipulative.

James Broccoletti, the lawyer now defending Bay, has argued that his client was not legally responsible for his actions because he suffered from a mental defect.

A clinical psychologist, a child psychiatrist and a forensic psychiatrist who testified for the defense Thursday said they support that conclusion based on their individual evaluations - the earliest of which came seven months after Bay's arrest.

Bay suffered from untreated mental illness, a dysfunctional family life and ridicule from classmates throughout elementary and middle school, those experts testified. Bay believed God wanted him to attack his school with sawed-off shotguns, pipe bombs and Molotov cocktails, they said.

"The person does know what he's doing and does know that it's legally wrong but is unable to prevent himself from doing it because he's psychotic," said forensic psychiatrist Paul Mansheim, who testified for the defense.

Bay had created hours of video and written hundreds of pages in the two years prior to his arrest that detailed his plans and motivations for an attack on Landstown.

Broccoletti noted that Keenan had not reviewed those videos and documents prior to finding Bay sane, and he suggested Keenan's evaluation was not as thorough as the other three.

Keenan said he has since reviewed all of those items. "It does not change my opinion."

Landstown Principal Brian Baxter also testified Friday. He said Bay was suspended for five days in October 2007 for wearing a belt with seven .50-caliber bullet casings in the cafeteria. The incident came six months after Bay was recommended for expulsion for bringing a hoax explosive to school.

He was allowed to return to Landstown in both instances.

Jurors will listen to final arguments Monday before deciding whether Bay is guilty, not guilty or not guilty by reason of insanity.

If the jury finds him insane, Bay would be evaluated to determine whether he required detention and treatment or could return to society. He faces life in prison if convicted.

Kristin Davis, (757) 222-5131, kristin.davis@pilotonline.com