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FASD expert says accused in manslaughter trial is “globally impaired”

May 28, 2018 | 5:49 PM

LETHBRIDGE – According to the testimony of a defence expert, 56-year-old Jillian Across the Mountain suffers from significant brain damage as a result of her mother’s drinking during pregnancy.

Dr. Valerie Massey, a neuropsychologist and expert on fetal alcohol spectrum disorder (FASD), took the stand as the first defence witness, as Across the Mountain’s manslaughter trial entered week three Monday, May 28.

Across the Mountain is accused in the stabbing death of 56-year-old Frances “Candy” Little Light, whose body was found in her west side apartment in February of 2016.

Massey testified that when meeting with Across the Mountain at the Edmonton Remand Centre, the accused presented as being “at the bottom of the spectrum” for FASD and being globally impaired. She noted that Across the Mountain’s decision-making abilities are extremely limited and that she can become overwhelmed very easily.

“Her conversational English was about the lowest I’ve ever seen,” said Massey as she discussed her findings with defence lawyer Mansoor Khan, noting that in a room of 100 people, Across the Mountain would be below the first percentile. “She has the level of understanding of someone who is three or four [years old].”

While Across the Mountain doesn’t have any problems speaking, her impairment comes in her ability to comprehend what is being said to her.

The language issue, explained Massey, contributes to a significant memory impairment for Across the Mountain, as it makes it very difficult for her to form ‘episodic memory’ – allowing a person to consider their day in the form of a narrative, helping to remember things like when and where they may have set down a pair of keys that they’re looking for. She said that in Across the Mountain’s case, her memory would be sporadic with few links between events – agreeing with a suggestion from Khan that it would be similar to memories of a dream or nightmare.

For many individuals suffering from FASD, she said they will often confabulate, meaning they fabricate information to “start filling in the gaps” in their memory. Massey said it’s not deliberate or deceitful, and that the individual often believes what they’re saying even if it’s not accurate.

As for Across the Mountain’s coping skills, Massey said they most often consist of fight, flight, or withdrawing into herself and “shutting down.” She noted that the language issues could potentially factor into heightened responses to comments made by others that would normally be seen as innocuous.

During cross examination from the Crown, Massey agreed that Across the Mountain’s situation will never get better and may only get worse over time. She also agreed that when it comes to Across the Mountain’s fight, flight, or withdrawal response, she couldn’t say which would likely come first.

When asked how Across the Mountain’s memories would hold up over time, Massey said her memory deterioration would likely be more rapid and significant than that of an average person, and answered, “No,” to the question of whether Across the Mountain could be considered a reliable narrator of her own life.

The trial is scheduled to run until the end of the week.