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Court hears details of Devoe’s childhood, early life as trial enters final days
by Ben Wright
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Family members of Paul Devoe Jr. testified before a Travis County jury Wednesday as both the defense and prosecution begun wrapping up their cases in the capital murder trial.

The court also heard from expert witnesses regarding Devoe’s mental state.

Devoe was found guilty last week of killing two teenagers in Jonestown on Aug. 24, 2007 - part of what prosecutors say was a three day, cross county killing spree that claimed six lives, including Marble Falls bartender Mike Allred. Tomorrow jurors will hear closing arguments before deciding whether Devoe should be sentenced to life without parole or the death penalty.

The court heard from Devoe’s sister and aunt, and watched videos of his mother and brother being interviewed by attorneys.

His mother said that Devoe would sow and help her clean the house as a child. His brother said they would fight but that Devoe would help him whenever he needed him to.

Devoe’s aunt, Laura Nelson said "Pauli" was "not treated well" by his stepfather. She said that when her family would visit Devoe’s, he would often be left locked in his room: when Devoe’s family visited her home, he would sometimes be left in the car.

"Being punished constantly is ridiculous to me," she said adding that Devoe was loving, caring and sharing.

Devoe’s sister, Elizabeth Petrie said he could be giving and affectionate.

"Sometimes he was nice and sometimes he was mean....it depended on whether or not he was drinking," she said. "He would smack me when I was growing up...I was still pretty young when we would get into our spats...there was some physical altercations."

Petrie added that Devoe had once tried to strangle their mother, an act that led to police issuing a protective order. When Devoe was on the run following the shootings, she pleaded with him to turn himself in and not hurt anyone else.

"I gotta do what I gotta do" to get home, was Devoe’s response according to Petrie.

Perhaps importantly for the prosecution, all four family members denied any knowledge of Devoe being physically or sexually abused as a child. Such abuse could be considered "mitigating factors" warranting a lighter sentence for Devoe. The prosecution are seeking the death penalty.

Also Wednesday, attorneys clashed over expert testimony regarding Devoe’s mental state. Dr. Leslie Rosenstein, a clinical neuropsychologist, was hired by the defense to conduct an evaluation of Devoe.

"He does not have normal brain functioning...(which is) consistent with his history of not being able to live independently..(or) understanding the consequences of behavior," Rosenstein testified.

"He does not meet the legal definition of mental retardation but in many ways he functions like" he has mental retardation, she said.

Rosenstein explained that Devoe’s verbal skills, problem solving abilities and abstract thinking were abnormally weak. She hypothesized this might be due to In Utero exposure to alcohol - meaning Devoe may have suffered brain damage due to his mother drinking while pregnant with him. Like physical or sexual abuse, mental retardation could be considered a mitigating factor by the jury.

Chief Prosecutor Gary Cobb disputed the method by which Rosenstein had come to those conclusions, pointing out that Devoe’s mother had not been asked whether or not she had consumed alcohol when pregnant. He also disputed the implication that Devoe might suffer from mental retardation.

"He decides to shack up with different women...then he wears out his welcome by assaulting them, by which point he moves on to another one...is that what you mean by not being able to live independently?" Cobb said.

Earlier Wednesday, the prosecution had called Dr Richard Coons, a psychiatrist, who said Devoe had once been diagnosed with "Intermittent Explosive Disorder," where by a person reacts swiftly and grossly out of proportion to a situation with anger and violence.

Coons commented on earlier testimony that suggests Devoe drunk a liter of rum the day he is accused of killing five people in the Hill Country. Coons said that while Devoe’s mental state may have been altered by intoxication, patterns in his history showed that he was a person who was "okay" with violence.

"He didn’t show an ounce of remorse (when I interviewed him)..How could someone with a decent conscience do what he did?" Coons said. "He is compulsive, has little empathy for others...and he killed a bunch of people just to get away."

He said that in prison Devoe wouldn’t have "anything to lose" by committing further crimes.

The trial may finish Thursday. If Devoe is sentenced to death, he will automatically be allowed to appeal - a process that even if unsuccessful could delay his execution by up to two years.

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