Current Offense

Basic Facts:

The defendant and six other inmates escaped from the Connally Unit in Kames City, Texas on December 13, 2000. Officer Aubrey Hawkins was shot and killed when on December 24, 2000, the seven escapees robbed an Oshman's Super Sports store in Irving, Texas.

Personal Background

Early Developmental and Social History:

Randy was born in McKinney, Texas on September 13, 1977 to Mr. Whitfield and Ms. Hammons who were 20 and 18 years of age respectfully. Three years later, Randy's brother Wesley was born. Both of Randy's biological parents abused a variety of substances and were drug addicts. Moreover, Ms. Hammons used drugs, drank alcohol, and smoked cigarettes while pregnant with Randy.

Once the couple separated, the two boys mostly resided with their mother who had a succession of boyfriends who were very abusive to Randy and Wesley. One boyfriend in particular named Jimbo, was said to be especially abusive of the two young boys. Although Randy was fiercely protective of his brother Wesley, he was unable to really shield him from the emotional and physical harm brought on by the numerous unsavory individuals that his mother's drug steeped lifestyle placed them in contact with.

Wesley remained with his mother while five year old Randy stayed mostly with his father for about the last five months of 1982. Randy's biological father was neglectful of Randy and by January 1983, his father had abandoned Randy whom he left with an East Texas family. Meanwhile, Wesley was continuing to be physically abused in his mother's care. CPS stepped in around the middle of 1983 and removed Wesley by emergency order and began to search for Randy. CPS soon located Randy and found that he was missing two teeth, one on the top and one on the bottom of his mouth. The teeth were said to have been knocked out. Randy bears a visible scar on his wrist from an incident occurring at that time.

Randy and Wesley were reunited and placed in foster care. Both of their parent's gave up their parental rights and the boys were adopted in March 1984 (following an almost six month mandatory waiting period) by Mr. and Mrs. Halprin. Mr. Halprin was said to have owned some sort of electronics store and Mrs. Halprin was a computer programmer. The Halprins were a nice, middle class couple with a nice home. Randy was two weeks shy of his sixth birthday and Wesley was two years old when they began residing with the Halprins.

Randy was said to have been quite concerned with death when he was placed with the Halprins, as he was always asking if they were going to die. He also appeared to be concerned that he would not get enough food as he would eat until he vomited if he was not monitored. He was preoccupied with devils and ghosts and was so scared of teenage boys that he would cover his face when in contact with a male teenager. Moreover, he was very protective of his younger brother whom he was said to "parent." Still, all early adoption reports indicate a remarkably smooth initial transition for the Halprin family. Mr. and Mrs. Halprin later also adopted two Korean baby boys.

Childhood and Adolescent Social History:

At the age of six, Randy did not know the alphabet and he could not count. Thus, his performance in kindergarten was not great. However, Randy quickly learned basic reading skills and did relatively satisfactory work in first through sixth grades aside from some difficulties with Social Studies and Language Arts in third and fourth grades that resulted in Randy going to tutorials several days a week after school. Randy struggled with math and did not pass standardized testing in this regard in the third grade.

Randy was diagnosed with Attention Deficit Disorder and an array of Learning Disabilities via a private psychological evaluation commissioned by Mr. and Mrs. Halprin when Randy was ten years old and in the fourth grade. Presumably this evaluation was never shared with the school, as school records do not indicate that these problems were in any way acknowledged or addressed and Randy was never placed in Special Education as would be the usual course of action once these diagnoses were identified. What is more, the psychologist's report documenting these diagnoses and recommending (among other things) tutoring, is dated April 6, 1988, while a note found in Randy' s school records from Mr. Halprin to the school notifying them that Randy would no longer attend the after school tutoring he had been attending for two school years was dated April 25, 1988.

Randy felt that he was an outcast during elementary school as he was a "geek". In contrast, middle school brought some popularity to Randy who was a football player. Randy admits that he enjoyed being part of the "in crowd" and at age 13, he was more focused on socializing than on academics. This inability to divide his attention resulted in his failing both the seventh grade and his TAAS test. His poor performance was not due to truancy as he was absent only ten days that year.

Interestingly, at the very time he began a serious academic decline, Randy was applying himself and studying quite hard for his Bar Mitzvah. Successfully completing one's Bar Mitzvah is a mentally challenging task for any young person given that some Hebrew must be learned and a good many religious stories must be memorized. According to his Bar Mitzvah mentor, Steve Sternblitz, and those who knew him then; Randy's motivation for completing this work appeared to be pleasing his father who was Jewish and who Randy looked up to and desperately wanted to please.

Randy began repeating the seventh grade in Arlington, but when he again began failing, he was sent to Oneida Baptist Institute, a boarding school in Kentucky where he would spend the next three and a half years. Randy's behavior at the time is noteworthy, as according to all of the information gathered for this report, Randy was not a behavior problem. In fact, written on the front of his initial Oneida boarding school application are the following statements: Not a trouble maker. Clean cut guy. When going gets tough he backs off. Main problem is school. Always wants to please. Impulsive behavior. Seldom rebellious.

According to Randy, his parents told him that he could come home if he made up the year he failed and pulled his grades up, which he did. He also took on positions of responsibility by being a Hall and Room Monitor and was named the "most outstanding" worker and Hall Monitor on more than one occasion. He began excelling in music and creative writing and enjoyed some success for a change. However, Randy felt rejected by his parents when they refused to allow him to come home.

Randy's inability to divide his attention between having fun and focusing on academics as was the case in seventh grade again became a problem in early 1995 when he began ninth grade and met Theresa. Theresa and Randy quickly became an inseparable couple. Randy's grades again began to slip and tensions between him and his parents again increased, especially when his parents discovered he was smoking marijuana.

Early 1995 was a bad time for Randy. He was suspended for several days for stealing a VCR from a classroom prior to Spring Break and in May of 1995 Randy and his father had a significant argument when Randy took his father's mountain bike without permission. The tensions escalated to the point that Randy cashed one of his father's checks for approximately $200 in the hopes of using the money to return to Kentucky to his girlfriend.

Once back in Kentucky, Randy grew increasingly depressed over his family problems. Moreover, his drug use likely did not help his mood much. In July of 1995, Randy carved a note to Theresa, his girlfriend, in a bench at school. The school interpreted the note to be suicidal and expelled him. Randy's father refused to allow Randy to return to Texas and told the school that he would pay for Randy to go by bus to the city of his choice and for six months of housing, but that he could not come home. Randy again felt rejected by the Halprins. Randy chose to go to Lexington, Kentucky where he quickly grew lonely. He wrote a letter to the president of Oneida asking to be readmitted. His request was granted, but unfortunately, Randy soon stole a credit card and $275 in checks from a teacher and was permanently expelled in January 1996. It is unclear whether Randy took the credit card because he needed money to live on or if his continued drug use was the real motivator. Whatever the reality may be, he lost his place at Oneida, his relationship with Theresa and the relationship with his parents ceased to exist, as did his parent's financial support.

Adult Social History:

Now 18 and homeless, Randy began staying at a Kentucky shelter named Hope Center. In a desperate attempt to work his way back into his parents good graces, he told his father that he had enlisted in the Army. Unfortunately this was not true and the lie further separated Randy from his parents. In an attempt to reconcile with his parents, Randy returned to Texas and showed up on his parent's doorstep, but was met by the Chief of Police of Dalworthington Gardens who informed Randy that he was not allowed on his parent's property. Scared and directionless, Randy began staying mostly at the Arlington Night Shelter, but occasionally with the Sternblitz's who were old family friends.

He was heavily into drugs and alcohol by August 1996, which is the point that he began staying with a couple whom he had met at the Arlington Night Shelter. A woman from the shelter named Charity was also staying with the couple. On a night in September 1996, Randy was on acid when he was left to baby sit the woman's child. Randy reported that he "snapped" and hurt the child when the child would not quit crying. While Randy clearly seriously injured the child, it is possible that the mother of the child believed that she herself was responsible for some of the child's extensive injuries as it is hard to imagine any other reason the child's mother would for several days fail to seek medical attention for her badly injured son. Whatever the case may be, Randy alone was arrested for Injury to a Child and he accepted a 30 year plea bargain. The Halprins were said to have removed all pictures of Randy from their home even before this offense.

Educational History:

Randy completed 11th grade. He earned a GED in jail.

Military and Work History:

Aside from being a Hall and Room Monitor at his boarding school, Randy held only unskilled, minimum wage jobs during the one year he was available for employment before being incarcerated. He was not allowed to enter the military since he had not graduated high school and had not at that time received his GED.

Mental Health History:

In 1988, Dr. William M. Helton, Jr. diagnosed Randy with Attention Deficit Disorder and Learning Disabilities in passage comprehension, math calculation, math reasoning and written expression. No treatments appear to have been sought for these problems.

Randy's biological mother reported that she has a mood disorder (Bipolar Disorder) and is a recovering drug addict. She has other family members who reportedly have mood and substance abuse disorders. Randy's biological father was also a drug addict and alcoholic, but other problems are less clear. The biological father's twin sister was convicted of killing her baby by severe physical abuse. Randy's biological brother is a recovering drug addict and he has been diagnosed with an Attention Deficit Disorder.

Medical History:

Aside from being shot in the foot during the process of fleeing the Oshman's store, Randy's medical history is unremarkable.

Substance Abuse History:

Randy began using drugs recreationally when he was 16 years-old and at Oneida. Ecstasy and acid were his drugs of choice. He used hallucinogenic drugs approximately once every two to three days and engaged in weekly inhalant use.

Legal History:

Randy does not have a juvenile legal record. He was placed on probation at 18 years of age for the fraudulent use of his teacher's credit card ($200). Nine months later, he was charged with Injury to a Child for which he agreed to a 30 year term of incarceration.

Prison / Jail Behavior:

Prior to the escape, Randy's disciplinary infractions in TDCJ were minor.

Statements by corrections officers at the Connelly Unit regarding the personality and interaction style of the Texas 7 escapees were quickly collected at the time of their escape. Overall, the statements indicated that Randy was viewed as "easy going", but not very smart. Moreover, TDCJ documents ranked Randy as being the lowest in terms of leadership abilities of the seven escapees.

Psychological Testing and Interpretation

Behavioral Observations:

Randy was cooperative and respectful throughout the interviews and testing which were conducted in an interview room at the Lew Sterrett Jail. The testing environment was not ideal in that the security precautions taken by the corrections officers resulted in less privacy and more noise than was desirable. We were required to leave the door half open and one to three guards remained posted directly outside the door throughout each session. While the officers did attempt to keep the hallway quiet, they were not always successful and the noise noticeably distracted Randy. At one point when Randy appeared distracted, he stated that "there were too many distractions", referring to the movements of the guards outside the door.

Randy frequently shook his leg during testing and often made noises (e.g. hummed, repeated nonsense monosyllables) when he was concentrating in an obvious effort to focus his attention. Overall, time pressures degraded his performance significantly and interfered with his already poor concentration ability. Randy's poor functioning under time pressure was especially apparent on the block design subtest of the Wechsler Adult Intelligence Scale-Third Edition (WAIS-III). Moreover, he appeared to be very self-conscious when he preformed less than adequately and he appeared to grow nervous as a result. He appeared to be able to take more care with untimed tests and he appeared less nervous when faced with verbal tasks than with non-verbal tasks.

Randy tended to attempt to solve problems without changing his problem solving strategy despite the fact that he observed the strategy's failure. Moreover, he was quick to give up trying to solve problems that he found difficult. He frequently responded with "I don't know" or would resort to wild guessing without attempting to narrow his guessed answer down so as to increase the chances of his being correct. In addition, his behavior strongly suggested that he put forth less effort on subtests that utilized skills he was less adept at than those he could do well.

Randy admitted that he is supposed to wear glasses, but left his glasses elsewhere. While he reported that his eyesight is not "that bad", some (but not all) of his visiospatial performance problems could have been related to problems with his eyesight.

Neuropsychological Screening:

Randy's performance on the Repeatable Battery for the Assessment of Neuropsychological Status (R-BANS) is detailed below:

(Average = 100; Standard Deviation = 15)

In general, Randy's performance on the R-BANS was poor as his overall neurocognitive status fell below the 14th percentile for his age group. His most prominent deficient areas were in immediate memory and delayed memory. His memory impairments appeared to be related to a poor processing of information, as his recognition scores were good (20 out of 20 correct). He demonstrated good semantic fluency with no indication of aphasic disturbance. In fact, his best performance (both on the R-BANS and the WAIS-III) was on language subtests showing that naming and retrieving information was a strength for Randy. Lastly, his attention was measured to be below average on the R-BANS.

Cognitive Functioning:

Randy appeared to provide good effort during the administration of the Wechsler Adult Intelligence Scale-Third Edition (WAIS-III), which is a mentally draining test. Randy's age­corrected scaled scores on the WAIS-III are listed below:

(Average = 10; Standard Deviation = 3)

On the WAIS-III, Randy obtained a verbal IQ (VIQ) score of 107 (68th percentile), a performance IQ (PIQ) score of 99 (47th percentile), and a full scale IQ (FSIQ) score of 104 +/- 4 placing him in the average range and the 61st percentile of measured intellectual functioning as compared to the normative sample. The difference between his verbal reasoning IQ and nonverbal reasoning / performance IQ is statistically insignificant suggesting that, statistically speaking, his nonverbal reasoning skills are approximately as well developed as are his verbal reasoning skills.

Relative to both his own functioning and to the standardization sample, Randy's performance on the various subtests showed two strengths and three weaknesses. Randy's strengths were in his word knowledge and in his range of factual knowledge. His weaknesses were in his ability to perform mathematical calculations in his head, his ability to pay attention to what he hears, and his ability to quickly and accurately size up a visiospatial problem and use motor skills to solve the problem. Compared to the standardization sample, but not his own functioning, Randy also had a strength in his social comprehension.

Deeper analysis of Randy's performance on the WAIS-III indicated that Randy's difficulties holding information in memory appeared to reduce his overall IQ score as well as his verbal IQ score. The ability to focus and regulate attentional resources makes up a large component of working memory and deficits in this regard appear to be at the root of Randy's low scores on a number of WAIS-III subtests. Moreover, his memory problems manifested consistently across the R-BANS and WAIS-III subtests.

Achievement:

Randy's scores on the WRAT-3 are listed below:

*(Average = 100; Standard Deviation = 15)

Randy's overall performance on the Wide Range Achievement Test - Revision 3 (WRAT-3) indicated a significant weakness for his age in arithmetic, but no weaknesses in spelling or reading. His reading ability was his personal strong suit.

Personality:

Psychopathology: Randy's test responses indicate that he has long struggled with a depressed mood, feelings of insecurity and low morale. Feelings of worthlessness, hopelessness and resentment may often lead him to be irritable and he has seriously considered suicide. He reported being preoccupied with guilt feelings and feelings of remorse. Regret and unhappiness about life is central to his current psychology. He is currently plagued with anxiety and worry about the future and he is somewhat paranoid and distrustful of others. These feelings may manifest as somatic concern. He may be described as immature and self-absorbed and he may overestimate the value of some of his abilities. He is rather dramatic and high strung and he believes that he feels things more intensely than do others. He is very sensitive to criticism and/or the disapproval of others.

Interpersonal Functioning: Randy's test responses indicate that he very much desires close relationships, but he is unskilled at developing them. Indeed, he may appear socially assertive and may project an initially positive image to others, but in actuality he has limited social skins and he tends to be passive and submissive in interpersonal relationships. He tries to avoid relationships with individuals until he is certain that he will be liked. Once in a relationship, Randy may engage in outrageous behavior to avoid losing the relationship.

Randy appears to feel a great deal of loneliness and he appears to be grieving the loss of his family. He desires to reestablish family relationships as these continue to be important to him. Family relationships aside, Randy is interpersonally needy as he is somewhat more dependent on others than most people are and he tends to over-rely on others for direction and support. Nevertheless, Randy has a great deal of difficulty in his social relationships as others tend to see him as a somewhat distant and guarded person. At least some of his guardedness is due to fear that he may be shamed or ridiculed by those who get to know him. His fears may keep him from speaking up in social situations. In general, Randy likely functions best or most effectively in situations that do not require interpersonal competence.

Problem Solving and Coping Skills: According to his test responses, Randy tends to rationalize his problems and he may often act out impulsively. Randy lacks perseverance. He does not appear to have a consistent problem solving strategy but instead sometimes attempts to "think through" problems and at other times he engages in trial and error experimentation. His problem solving and coping style is generally less effective than a more consistent approach would be. Stressful situations may tend to overwhelm him and make him function even more ineffectively. When given a choice, he has used drugs and alcohol in order to cope with life's difficulties.

Diagnostic Impressions:

One question that this evaluation set out to answer was whether or not Randy suffers from a mental illness or mental abnormality. The simple answer is yes. Based upon the data and testing outlined in this report, it is my opinion that the diagnoses listed below apply to Randy.

Axis I: 

Major Depressive Disorder

Attention Deficit Hyperactivity Disorder

Polysubstance Abuse in Institutional Remission

Mathematics Learning Disability

Axis II:

Avoidant Personality Disorder

1. Major Depressive Disorder. Randy has struggled with depression since his adolescence and is doing so now. Feelings of worthlessness, difficulty concentrating, suicidal ideation, loss of energy, anxiety and depressed mood have all periodically been problematic for Randy.

2. Attention Deficit Hyperactivity Disorder. Randy has long had Attention Deficit Hyperactivity Disorder (ADHD), which is a disorder that is characterized by hyperactivity (e.g. being too active, being fidgety, talking too much, being restless or having one's mind be always racing with thoughts); inattentiveness (e.g. difficulty paying attention, mind wandering, forgetting or losing things); and impulsivity (e.g. acting first without thinking, interrupting others, not thinking about the consequences of one's words or actions).

Smart or gifted children with ADHD often get by pretty well in the earlier grades when homework is not such a big issue. Frequently, gifted students are not identified as having ADHD until middle school or high school, when the work load increases and they are penalized more for not completing homework. Also, in middle school, children are expected to work more independently, which can be a substantial problem for a child with ADHD as they have trouble concentrating and staying organized.

People with ADHD are at greater risk for school failure, having other learning disabilities and abusing alcohol or other drugs (Kaplan, H. & Sadock. B. (1998). Attention-Deficit Disorders. In Williams & Wilkins (Ed.), Synopsis of psychiatry: Behavioral sciences/Clinical psychiatry (8th Ed.). (pp. 1193-1200). Baltimore). In addition, the use of marijuana and other drugs only serve to worsen their attention problems. In general, individuals with ADHD have more difficulty maintaining friendships and getting along with their family. They may be more irritable, have a quicker temper, and are at higher risk for developing depression because of the frustrations that go along with having an attention disorder. Proper treatment is essential as failure to get the appropriate help early on can lead to more problems later on. Likewise, proper treatment can prevent problems from occurring later in life. Unfortunately, Randy's attention disorder was never treated.

3. Mathematics Learning Disability. Records indicate that Randy was previously diagnosed with Learning Disorders that spanned reading, arithmetic and written language skills. Current testing confirmed that Randy's academic achievement score in Mathematics is significantly lower than would be expected given his level of intellectual functioning. His other current academic scores indicate that Randy has overcome the additional learning difficulties that were present in his childhood.

4. Polysubstance abuse in institutional remission. Before his incarceration, Randy frequently used acid and abused other drugs.

5. Avoidant Personality Disorder. Randy qualifies for a diagnosis of Avoidant Personality Disorder as he avoids activities that involve significant interpersonal contact because of fears of criticism, disapproval or rejection and he is unwilling to get involved with people unless he is certain that they will like him. He shows restraint within intimate relationships because of a fear of being shamed or ridiculed and he is preoccupied with being criticized or rejected in social situations. His feelings of inadequacy inhibit him in new interpersonal situations as he views himself as socially inept, personally unappealing and inferior to others.

6. I do not believe that Randy's symptoms of paranoia are the function of a disorder. Rather, it is my opinion that Randy characteristically has some anxious and paranoid tendencies that are greatly exacerbated by his current legal situation. Research has shown that increased paranoia is common in correctional settings (Megargee, E. I. (1993, March). Using the Megargee offender classification system with MMPI2: An update. Paper presented to the 28th annual symposium n recent developments in the use of the MMPI/MMPI-2/MMPI-A, St. Petersburg Beach, Fl.). Moreover, a portion of these feelings can be seen as an expected response to his environment rather than symptoms of mental illness since he is facing a punishment that may include death.

Strengths:

Simply identifying an individual's problems and weaknesses does not allow for an accurate and complete understanding of the individual as these are but a part of the individual's story. To be  sure, knowledge of the individual's strengths is also important. Thus, Randy's currently identified relevant strengths are listed below:

Clinical Formulation

People are complex beings and the world is a complex place. Rarely is there a simple answer to the question of "why" someone did something or "how" someone got to be the way they are. Most events, whether big or small, are the result of a combination of factors that have all come into play to produce the event. This is especially true of such weighty events as the killing of another person. Likewise, many factors and experiences interact to make a person into the particular individual they are. While certainly a difficult task, careful study of the totality of a person's life can shed light on some of the factors that have combined to produce that person's character.

Outlined below are the various identifiable facets of Randy's psychological make-up and background that in my professional opinion brought Randy to be at an event as tragic as Officer Aubrey's death and to be the man who stands before the court today. These facets have been identified during this extensive forensic evaluation and include psychological characteristics, biological predispositions and critical life events.

● Adverse early environment. Put simply, children who in early childhood were devalued, ignored, beaten, used for adult gratification or treated as pawns in dysfunctional adult relationships suffer deprivation and are left traumatized. These experiences can and do cause disruptions in childhood development and may have profound effects later on in an abused child's adolescent and adult functioning (Myers, J.E., Berliner, L., Briere, J., Hendrix, C.T., Jenny, C., & Reid, T. A. (Eds.). The APSAC Handbook on Child Maltreatment. Second Edition (2002). Thousand Oaks, California: Sage.). Areas that may be negatively impacted include intellectual and academic growth, cognitive and perceptual abilities, aggression level and behavioral dysfunction, psychiatric functioning, and social competence in relationships (U.S. Department of Health and Human Services. (1999). Mental health: A report of the surgeon general. Rockville, MD: U.S. Department of Health and Human Services.). Children who are old enough to recall their birth parents may especially suffer low self-esteem because they are forced to struggle to understand why their parent(s) rejected and abandoned them. As a result, they may have special difficulties in regards to their ability to relate prosocially to others.

To be sure, prior traumatization can be a factor affecting the duration or severity of problems in any of these domains. Early abuse by caregivers can result in a child having attachment difficulties that make it difficult to establish and maintain satisfying relationships. The child's self concept can be very adversely affected as they struggle to understand why they were the object of abuse. The child's coping skills may be seen as negative traits and may not serve him or her well once removed from the abusive situation, but were developed in order for the child to get by in an abusive home. Moreover, regardless of how positive later caregiver experiences may be, a great deal of modeling occurred when the child watched the abusive caregivers. Consequently, it is not a shock that Randy's original offense involved injury to a child given his highly abusive early environment. Likewise, Randy's social difficulties with the Halprins and struggles with a poor self-concept are not surprising.

● Genetic vulnerability for mental disorders and substance abuse. Research has shown a genetic link between many mental disorders and substance abuse problems. For example, the risk of Alcohol Dependence is three to four times higher in close relatives of people with Alcohol Dependence (Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition Text Revision (2000). American Psychiatric Association, Washington, D.C.). Higher risk is associated with a greater number of affected relatives, closer genetic relationships and the severity of the substance abuse related problems in the affected relative. Both of Randy's parents were addicts and mood disorders were prevalent throughout both sides of his family leaving Randy with a biological predisposition to mood and substance abuse disorders. Accordingly, the fact that both Randy and his biological brother Wesley grew up to abuse substances, have attention disorders and struggle with mood problems is not unexpected given their genetic background.

● Untreated Learning Disorders and Attention Deficit Disorder in Childhood. The fact that Randy had significant learning and attention problems that undermined his academic performance was identified as early as the age often when Randy was diagnosed with Attention Deficit Disorder and an array of Learning Disabilities. These disorders place children at a high risk of academic failure and predispose them to social and emotional problems (Kaplan, H. & Sadock, B. (1998). Learning Disorders. In Williams & Wilkins (Ed.), Synopsis of psychiatry: Behavioral sciences/Clinical psychiatry (8th Ed.). Baltimore.). Yet, Randy's disorders were never addressed or treated. Moreover, it appears that Randy's school was never advised of these diagnoses as Randy did not receive the special educational services that he would have been entitled to. Such services could have assisted Randy in compensating for and ameliorating his deficits which likely would have increased his academic performance, self-esteem and perseverance while decreasing behavioral problems.

It is possible that as was the reported case with Wesley's comparatively more severe ADHD, the Halprins chose to forgo the use of ADHD medication due to Randy's genetic predisposition to drug addiction. This is a reasonable choice considering Randy's biological parents were drug addicts. However, a number of non-medical treatments could have been provided to Randy, but seem to instead have been purposefully avoided. For example, at the same time that they were advised that tutoring was recommended by the psychologist in order to address Randy's disorders, the Halprins pulled Randy out of the after school tutoring that he had been attending for a few years. Without benefit of interviewing the Halprins, it appears that they wanted Randy's problems identified, but then ignored the recommended solutions.

Perhaps the Halprins believed that the structure provided by a boarding school such as Oneida, would serve to focus Randy - which it did to an extent. However, Oneida's classroom structure did not serve to focus Randy once his attention was caught up with his girlfriend, as he has little ability to divide his attention. Moreover, simply relying on structure to address learning disabilities is naive.

● Unfulfilled need for acceptance and unconditional love. By virtue of being abused and given up for adoption, a child has special needs in addition to the basic needs of all children. Adoptive parents must not only meet the normal developmental needs of the child placed in their care, but these other special needs must be met as well if the child is to overcome their beginnings. Indeed, abused and neglected children require tremendous patience, understanding and an abundance of unconditional love in order to rise above their past and in order to develop a sense of security that they will not also be rejected by their new parents. The longer the child has been reared in an aversive environment and the greater the number of caregivers prior to adoption, the more important these parental traits are to the child.

According to Terry Goldberg, the mother of Randy's closest childhood friend, Randy did not seem "to fit in" anywhere and he did not receive unconditional love from the Halprins who clearly favored their younger children. Jason Goldberg, Randy's best childhood friend added that Randy's needs appeared to be a burden to the Halprins in contrast to the other children. Given his history, it is easy to see why sending Randy away to boarding school felt like yet another caregiver rejection to him. Once again, his sense of permanence in a home and trust in caregivers was shook. Even though it was likely done out of concern for his welfare, boarding school could not possibly supplant Randy's need for connectedness with the Halprins.

● Rigid parenting. Randy had not been a significant behavioral problem prior to his being sent to Oneida. In fact, by all accounts Wesley's behavior was more problematic than was Randy's, yet Randy was sent away. Information elicited from friends who knew the Halprin family at the time suggest that the Halprins were good people, but were not very flexible in their thinking or very warm towards Randy and were rather over-reactive in their parenting. Perhaps the Halprins believed that sacrificing Randy was necessary in order to protect their other children from negative influences or perhaps they simply wanted Randy to do well in life and as a result, they overreacted or reacted rigidly to situations involving Randy. Whatever reality may be, Randy was never provided with the type of unconditional love and flexibility in parenting that he needed and Randy was never made anybody's priority.

● Drug abuse. Randy was high on acid when he committed the offense of Injury to a Child which put him in prison for a 30 year sentence. Perhaps if it were not for his drug use, he would not have committed that offense. Unlike his brother Wesley, Randy was not given the benefit and chance offered by drug rehab. Instead at the age of 17 he was given a bus ticket and an apartment and told to make something of himself. Perhaps what is most remarkable is that Randy could be at a boarding school and no adult realized or intervened in his frequent use of hallucinogenic drugs and weekly inhalant use. Even more incredibly, Randy was expelled rather than helped when the school thought that Randy was suicidal.

● Complete absence of guidance. From the time Randy was expelled from Oneida at the age of 17 (a1rnost 18), he was without any sort of positive social support or adult guidance. His adoptive parents left him in another state and ceased communicating with him. He no longer was affiliated with the school. Extended family to turn to for support was not an option available to him. Randy had never even met or talked to any of Mrs. Halprin's family. For unknown reasons, Mrs. Halprin completely cut ties with her family (just like what would be done with Randy) before Randy was adopted and Mr. Halprin rarely interacted with his family once his sister died. In apparent attempts to further ensure his isolation, the Halprins advised acquaintances including Rabbi Keith Elisabeth Stern, who had not seen or spoken with Randy since he was sent to Oneida, that Randy should be ignored should he call. While he made a number of very bad decisions at the time, Randy's acceptance of a 30 year sentence appears to have been particularly hasty and unwise and may have been different had he had any sort of guidance. Interestingly, the Halprins continue a relationship with Wesley today even though he has also been arrested and has required drug rehab.

● Strong, unfulfilled need to belong. Randy did not receive a single visit from anyone ­ family or friend - during the five years he was incarcerated before his escape. His loneliness and feelings of isolation throughout his incarceration can be seen in his letters which chronicle his numerous attempts to reach out and reconnect with his family. Moreover, those who have known Randy from adolescence describe him as a follower rather than a leader and he was ranked as being low in leadership qualities when TDCJ conducted their investigation following the escape. Combine his disconnection with the outside world with his Avoidant Personality Disorder and tendency to be a follower and the feeling of belonging provided by Rivas and the others likely helped to position Randy to fall in with Rivas' plan.

Summary

In summary, information has been provided in this report concerning the defendant's background, character and personal moral culpability including a multitude of factors that the triers of fact may consider mitigating and therefore may take into account when considering appropriate sentencing. Special care was taken to fully elucidate the identifiable factors that converged to bring about this tragic outcome. However, please feel free to contact me should more explanation be needed or should you have concerns of any nature. I appreciate the opportunity to be of assistance and participate in the legal process with this case.

Respectfully submitted

Kelly R. Goodness, Ph.D.

Clinical and Forensic Psychologist

License #3-1223

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