David Belinky, a boyish-faced attorney with frizzy hair, asked his witness, “Is he exactly the same today?”

“Yes,” said Milkie. “He is mentally ill.”

“What are his symptoms?”

“His behavior is unacceptable,” Dr. Milkie said, looking directly at Milligan. “He is a criminal with rape and robbery charges. Hes at odds with his environment, the kind of individual who doesn’t profit from punishment.”

Milkie said he had considered the multiple personality diagnosis, but had seen no symptoms of it. In answer to Belinky s questions, Milkie said he considered Milligan a high suicide risk and a danger to others.

“There is no improvement in this patient,” Milkie said. “He’s arrogant, uncooperative. He has an expansive ego. He doesn’t accept his milieu.” When asked by Belinky how he treated the patient, Milkie answered, “With skillful neglect.”

Milkie testified that he had prescribed five milligrams of Stelazine. He had seen no ill effects, but since there were also no beneficial effcts, he discontinued the antipsychotic drug. He told the court that in his opinion, Milligan needed a maximum-security facility, and Lima was the only place for him in Ohio.

Under cross-examination by Steve Thompson, Goldsberrys lanky young associate, Milkie said he rejected the diagnosis of multiple personality because he had not seen the symptoms. He did not, himself, accept the definition of multiple personality in DSM-II, the second edition of the Diagnostic and Statistical Manual. Milkie said, “I ruled out multiple personality just as I ruled out syphilis when I saw his blood test. It wasn’t there.”

“What symptoms did you observe?” Thompson asked.

“Anger, panic. Things weren’t going Milligan’s way. His anger takes over and he acts under impulse.”

Thompson frowned. “Are you saying that a person is mentally ill when he’s angry or depressed?”

“That’s right.”

“Don’t we all have periods of anger and depression?”

Milkie looked around the courtroom and shrugged. “Everybody is mentally ill.”

Thompson stared at the witness and then made some notes. “Does Billy trust you?”

“No.”

“Would he make better progress with someone he trusted?”

“Yes.”

“Your Honor, I have no further questions of this witness.”

Before the hearing went into luncheon recess, Alan Goldsberry introduced into evidence a deposition of Dr. Caul’s testimony taken three days earlier. Goldsberry wanted it on the record before he called his other witnesses, Dr. George Harding, Jr., Dr. Stella Karolin and Psychologist Dorothy Turner.

In the deposition, Steve Thompson, questioning Caul about the proper treatment of multiple personality patients, had :asked, “I wonder if you could tell me, Doctor, what you consider to be the essential requirements for a treatment

program for an individual who is diagnosed as being a multiple personality.”

Dr. Caul, reading from notes, including a letter he had sent to Goldsberry on November 19, answered at length:

The treatment of any patient with the diagnosis of multiple personality should be undertaken only by a mental health professional, preferably a psychiatrist who meets the following criteria:

One —He (or she) must accept the condition. It should not be undertaken by someone who “doesn’t believe” in this phenomenon.