The question of whether a man suffering from a mental illness knew it was “legally wrong” to kill an El Paso lawyer at her home was the focus of testimony in a murder trial where the defendant believed satanic abortion rituals were being performed at a nearby park.
Two psychologists testified Thursday, Oct. 19, that Joseph Angel Alvarez, who is facing a murder charge in the fatal shooting of El Paso lawyer Georgette Kaufmann, indeed suffers from mental illness, but differed on whether he knew he was committing a crime.
Alvarez’s attorneys are arguing Alvarez is mentally ill and delusional, and did not know his actions were illegal. Prosecutors claim Alvarez was a radicalized anti-abortionist and knew he was breaking the law when he committed the slaying.
Alvarez is accused of fatally shooting Kaufmann, and wounding her husband, Daniel Kaufmann, on Nov. 14, 2020, at their home in the 3000 block of Copper Avenue in El Paso’s historic Manhattan Heights neighborhood.
Alvarez testified he committed the fatal ambush attack because he believed satanic abortion rituals were being conducted at El Paso’s Memorial Park by residents living near the park.
He did not know the Kaufmann family before the shooting, according to testimony.
Along with the murder charge, Alvarez is also charged with aggravated assault with a deadly weapon. He faces up to 99 years or life in prison if convicted.
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Defense attorneys called Dr. James Schutte to testify, while afterward, prosecutors countered by calling Dr. Timothy Proctor to the stand.
Schutte testified Alvarez was suffering from schizoaffective disorder.
“He has a clear mental illness and a serious mental defect,” Schutte testified.
Alvarez suffered from delusions, hallucinations and was not able to function at an average level, Schutte testified.
He added the mental illness led Alvarez to believe fatally shooting Georgette Kaufmann was not morally or legally wrong because Alvarez thought she was a witch and God told him to kill her.
State prosecutor Ray Duke argued Alvarez’s actions before and after the shooting showed he knew he was committing a crime.
Alvarez hid the gun in a pizza box, wore a COVID-19 mask to hide his face, wore gloves to prevent leaving fingerprints at the scene and rapidly walked away from the home after the shooting, Duke said.
Alvarez also said he would not have committed the shooting if police had been in the area, according to testimony.
Duke asked Schutte if these were signs that Alvarez knew his actions were legally wrong.
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Schutte replied no and that Alvarez’s actions before and after the shooting did not change his diagnosis.
Prosecutors then called Proctor to the stand.
Proctor testified he agreed with Schutte that Alvarez suffered from a “severe mental disease.”
He added he diagnosed Alvarez with delusional disorder. He doesn’t believe Alvarez suffered from schizoaffective disorder.
While a mental disorder did play a role in Alvarez’s actions, it didn’t impact Alvarez’s judgment on whether murder was legal or not, Proctor testified.
“He may have thought it was morally right, but he knew it was legally wrong,” Proctor testified.
Testimony continued Thursday afternoon before the state and defense rested and closed their cases.
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The jurors of seven women and five men were sent home for the day. Closing arguments are expected to begin around 8:30 a.m. Friday, Oct. 20, with deliberations starting soon after. The murder trial, which started Monday, Oct. 16, is being held in the 210th District Court at the Enrique Moreno County Courthouse in Downtown El Paso. Judge Alyssa Perez is presiding over the trial.Duke and Raoaa King are trying the case for the El Paso District Attorney’s Office, while Alvarez’s defense team is led by attorney Greg Anderson.Aaron Martinez may be reached at [email protected] or on Twitter @AMartinezEPT.