Psychiatrist Disputes Phila. Cop Killer's Mental Defense Claim

A psychiatrist has testified that convicted Philadelphia cop killer Levon Warner had the wherewithal to take part in the armed robbery and subsequent shooting death of police sergeant Stephen Liczbinski -- contradicting a defense contention that Warner should be spared the death penalty because of diminished mental capacity.

KYW's Steve Tawa reports the testimony came up during the penalty phase of the trial, as the jury decides whether Warner (above) and co-defendant Eric Floyd should be sentenced to death or life in prison.

Defense lawyer Gary Server contends that a brain injury sustained when Warner was hit by a car as a child, compounded by head trauma during a handful of professional boxing matches as an adult, impaired his judgment.

Server suggests that Warner's pattern of committing botched burglaries and robberies -- including 15 violent offenses culminating with the bank heist that resulted in Liczbinski's murder -- was indicative of a man in declining mental capacity, suffering from dementia.

But Dr. John O'Brien -- hired by the prosecution to examine Warner but called by the defense to testify -- said that was not the case.

O'Brien told jurors that while Warner had a cognitive disorder, he  was able to function in society and it did not impair his ability to participate in crimes.

O'Brien points out Warner even dealt with contingencies that arose during his crimes, like when he called 911 to say his van was stolen.  It was the switch car in their getaway, but later tracked down by police.