Thomas MacMillan File Photo
Judge Fasano.
Dr. Lishan Wang took his place as lead attorney in his own murder case Wednesday and quickly won the right to call three experts — an investigator, an expert in forensics and an expert in psychiatry to defend him. But he was coy when asked by Judge Roland D. Fasano what he intended his defense to be, Dr.Wang said he had not decided that yet.
Dr. Wang is accused of gunning down Dr. Vanjinder Toor, his former supervisor at a Brooklyn New York hospital on April 26, 2010, outside his Branford condo. The chief prosecutor, Senior Asst State’s attorney Gene R. Calistro, Jr., says the murder was premeditated and at a probable cause hearing last April, Calistro established by a preponderance of evidence that Dr. Wang committed the Toor murder. Dr.Wang said as much to Branford detectives after Officer Joe Peterson captured him that morning.
Wednesday’s court appearance was a day of transition for Dr. Wang as he took stage center in the courtroom in Superior Court on Church St.. Dr. Wang, wearing a tan jump suit and ankle cuffs, sat in between his stand-by counsel, Jeffrey La Pierre, of the public defender’s office and a Mandarin interpreter. The judge addressed his questions to Dr. Wang and Dr. Wang replied. A few times Dr. Wang consulted La Pierre. Overall, it was Dr. Wang’s day in court. The judge ruled two months ago that Dr. Wang, whom he described as “highly capable” could represent himself at trial. Click here to read the story.
Dr. Wang may well have plans to have his expert psychiatrist examine him so that he might mount a psychiatric defense. For example, he could argue that he is innocent by reason of extreme emotional disturbance or by reason of insanity. He was specific when he discussed the choice of psychiatrist with the judge.
“I have some ideas. If possible I would prefer an American, someone who trained in America,” he said, but someone “who has a Chinese background” and is familiar with “the cultural background.”
Dr. Wang has been examined by psychiatrists and eventually was found competent to stand trial. But competent to stand trial does not mean that Dr. Wang was not mentally ill at the time the murder took place. Judge Fasano has indicated he believes Dr. Wang knows his defense but is not yet ready to disclose it.
Judge Fasano ruled from the bench that Wang, who turned 47 in January, was entitled to call the experts at his trial. No trial date has yet been set. Soon after Judge Fasano ruled that Dr. Wang could represent himself at his trial, the judge asked for a trial date. He did so again at the next court date. But it now appears that Dr. Wang is emerging as a methodical thinker who is requiring formidable outside assistance. A speedy trial date seems unlikely.
For example, Dr. Wang raised questions about the authenticity of a transcript of his probable cause hearing, saying there were instances of witness testimony in the transcript that did not match his recollection. Click here to read about the hearing. He asked the judge to provide an audio version of the hearing so that he could compare it against the transcript. The judge agreed and set Feb 29 at 2 p.m. for this event.
During the court session, Dr. Wang emerged as a quick learner of court protocol. He told the judge he needed a forensic specialist because “defendant is not a trained forensic expert and in order to prepare for my defense I need a forensic expert.” He added that he would like to “talk to the forensic expert directly myself.”
As he did with all requests, the judge told him to get names of experts with the help of his stand-by attorney and to get the costs for the expert’s services. The judge agreed that ballistics and DNA evidence in the case were reasons to call a forensic expert.
Besides seeking the help of a technician, which Calistro told the judge he would assist in, Dr. Wang also sought the appointment of an outside investigator. When Dr. Wang gave up the right to his public defenders, Judge Fasano told him he would be giving up his right to the public defender’s team of investigators.
Dr. Wang sought to convince the judge of his need. “I need an independent investigator. I am restrained in jail. I will not be able to go out and investigate myself, to talk to witnesses. I am asking the court to appoint an investigator because I am not able to do it myself. “
At this point, Judge Fasano pointed out to Dr. Wang that even though he might want to talk to witnesses, they did not have to talk to him. The judge later noted that Dr. Wang would have the right to cross-examine witnesses at trial. Calistro made it clear in court that Dr. Wang was not entitled to take depositions of witnesses as occurred in the civil case Dr. Wang brought against Kingsbrook Jewish Medical Center in Brooklyn. Branford police have said Dr. Wang sought revenge against Dr. Toor and two other physicians whom he blamed for ending his medical career at Kingsbrook.
It looked as if the judge would deny Dr. Wang’ s motion for an investigator, but at that point Dr. Wang asked to confer with LaPierre, his stand-by counsel. They did so.
“Thank you, your honor,” Dr. Wang said. “We need an investigator to review the files provided by the state.” The judge thought about it for a moment and then agreed to appoint an investigator. LaPierre noted that the previous investigator had begun to review the state’s file but had not yet submitted a report when Dr. Wang won the right to represent himself.
Later in the proceedings, the judge reminded Dr. Wang that the prosecutor had previously turned over the file to the public defender’s office and that Dr. Wang should obtain the file from them. The judge told Dr. Wang it was not up to Calistro to provide a second set of the voluminous files.
Former lead public defender Scott Jones, who was in court to listen to the court session, told the judge that Dr. Wang was entitled to the redacted file. He said addresses had been redacted. At this point LaPierre, at the judge’s request, agreed that Dr. Wang could have the redacted file material “except for what was discussed in chambers.”
What was discussed in chambers was not revealed but in the past Calistro has voiced concern about turning over photos of the crime scene, especially to someone who is now in prison. Click here to read the story of the murder on Blueberry Lane. Dr. Toor’s wife, Parneeta Sidhu, was also shot at. Dr. Wang is charged with attempted murder in her case.
Calistro has turned over to the public defender’s office all discovery in the case, he has said in court. There is nothing outstanding, he said, except for photographs and maps of the crime scene at the Meadows Condominiums where Dr. Toor, his wife and his young son lived.
Dr. Wang looked surprised.
“You will see everything,” the judge said.
“Before trial?” asked Wang.
“Before trial,” the judge replied.
Calistro said afterwards that the maps and diagrams have not been prepared yet but once there is a trial date, they will be readied and available to Dr. Wang.
Dr. Wang also said he would file a motion to summon people as witnesses in the trial. The judge explained he may summon them, but they have the right to seek to quash the subpoena and if granted, they would not have to testify.
That done there was one more piece of business.
Attorney La Pierre told the judge that the court record still showed Scott Jones of the public defender’s office as representing Dr. Wang.
With that he walked up to the court clerk to hand her a new appearance filing, one that showed that Dr. Wang was officially representing Dr. Wang in his murder case.
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