Affidavit of Bryan's Paternal Aunt Concerning Family's Mental Health History

THE PEOPLE OF THE STATE OF COLORADO

Plaintiff,

v.

BRYAN DAY,

Defendant

AFFIDAVIT OF [BRYAN'S PATERNAL AUNT]

STATE OF MISSOURI
COUNTY OF [ ]

I, [XXXX XXX], being of lawful age and duly sworn, deposes and says that to the best of my knowledge and belief, the following is true:

1. I am Bryan Day's paternal aunt and have known Bryan since he was a child.

2. Bryan's father, [XXX] and I are two of three children born to our parents, [XXX XXX] and [XXX XXX]. There is a four year gap between oldest and youngest sibling. I am the oldest sibling and [Bryan's father] was the youngest.

3. Due to my role as caretaker for our mother, who suffered from mental illness, including schizophrenia, I have knowledge with respect to family's mental health history.

4. Our mother was hospitalized several times during our childhood and adolescence for mental health 'breakdowns' (this is the term used at the time). Our mother suffered from debilitating paranoia and agoraphobia that interfered with her ability to socialize and lead a normal life. Our mother's paranoia was such that she was afraid of going outside, was fearful of everything unknown or unexpected, and was obsessive. She was hospitalized in a mental health treatment center for a multiple month stay when I was in high school, and was re-hospitalized for mental health reasons on other occasions, though the dates of those hospitalizations escape me.

5. When I was in my thirties, my mother was placed permanently into adult foster care, where she lived for the next twenty years until her death.

6. My nephew Bryan Day, in early adulthood, exhibited some of the symptoms I saw in my mother in much milder forms. He was withdrawn and would isolate himself occasionally. I never voiced this concern because I was not around Bryan enough to feel I could suggest something like that to his parents. Bryan was always an incredibly kind and sweet boy and young man when I saw him, but a little withdrawn.

7. My brother [XXX], Bryan's father, suffered considerably during his life from physical ailments of several varieties related to his liver disease, which ultimately took his life. His life was difficult the last several years of his life, and that caused several stresses on his family.

Further the affiant sayeth not.

Dated this ___ day of November, 2009.

Excerpts from the Psychologist's Letter to Bryan's Lawyer for the Reconsideration Hearing

November 10, 2009

Mr. [Attorney at Law]
Denver, Colorado

Re: Mr. Bryan E. Day
Case#: XXXXXXX
City and County of Denver, Colorado
Courtroom 13, Honorable Sheila Rappaport

Dear Mr. [Bryan's Lawyer]:

I am responding to your request for a more detailed assessment of Mr. Bryan Day (27). You are aware that I was Mr. Day's treating psychologist prior his being sentenced to the Colorado Department of Corrections on July 31, 2009. You are also aware that I provided brief testimony to the Court at that hearing. Based upon our recent telephone conversation you wanted me to provide additional psychological/diagnostic information that was not offered at his sentencing hearing.

The information that I provided to the Court was obtained through my ongoing treatment with Mr. Day. Prior to preparing this report I reviewed a transcript of an interview that you recently conducted with Mr. Day, as well as an historical time line of significant and traumatic events that had occurred in Mr. Day's life prior to his committing the current offense and his subsequent incarceration. I also reviewed a written transcript of my testimony from his sentencing hearing.

Mr. Day has had a long history of social awkwardness and interpersonal isolation. He also has an extended family history of Schizophrenia with accompanying psychiatric hospitalizations. While he had never previously been diagnosed with this specific illness, his interpersonal adjustment history has always been characterized by significant personal and interpersonal challenges and disappointments....

During the course of my therapeutic contact with Mr. Day, he continued to verbalize that he regretted his offending behavior and that he was concerned about how the victim was impacted by his actions. As I indicated at Mr. Day's sentencing hearing, I believe that he is an excellent treatment candidate and that he is a low risk to engage in future violent behavior against this victim or any other female party. In fact during the course of my treatment with Mr. Day he participated in other female relationships without incident.

From a diagnostic perspective Mr. Day presents with symptoms or characteristics of a Schizoaffective Disorder DSM IV-TR 295.70 and a Schizotypal Personality Disorder DSM IV-TR 301.22. The essential feature of a Schizotypal Personality Disorder is a pervasive pattern of social and interpersonal deficits marked by acute discomfort with and reduced capacity for, close relationships as well as by cognitive or perceptual distortions and eccentricities of behavior. This pattern of adjustment generally begins in early adulthood. These individuals may respond to stress by experiencing transient psychotic symptoms, although the symptoms are usually insufficient in duration to warrant the additional diagnosis of Brief Psychotic Episode. These same individuals only rarely develop Schizophrenia or another Psychotic Disorder.

Individuals with this particular personality style are not necessarily aggressive nor do they necessarily present with a chronic or recurrent aggressive behavioral history. This is true for Mr. Day, who other than for this particular set of behaviors had never previously acted out in an aggressive manner.

Mr. Day responded well to treatment without the assistance of medication. At times it is necessary to treat these particular individuals for the accompanying symptoms of anxiety and depression. There is no clear information about treatment outcome with this particular personality style, however, in Mr. Day's case it is noteworthy that he responded very well to treatment and for the year (July 2008 through July 2009) prior to his sentencing hearing he was functioning in a more effective and socially appropriate manner.

I hope the enclosed information is helpful to you in explaining my observations of Mr. Day. Please feel free to reach me if you have additional questions.

Sincerely,
[Licensed Psychologist]
PL#XXX State of Colorado

thought

I never knew how much I hated rush hour traffic until the realization that I wouldn't have to put up with it for many years to come. The relief I felt was inexplicably thorough.