Name of Expert: Joan Weaver Mayfield, ABN, ABPdN, Ph.D. 

Area of Expertise: Psychiatry & Psychology >> Psychology 

Area of Expertise: Medical & Surgical >> Neurology/Neurosurgery/Brain 

Representing: Defendant 

Jurisdiction: W.D.Tex. 

Sergio Chavez 

Rincon Law Group 

1014 N. Mesa, Suite 200 

El Paso, Texas 79902 

Dear Mr. Chavez: 

At your request I have reviewed the following documents in the above referenced case. Depositions: 

William Peyton 

Edward R. Freeman 

Zackary Taylar Brooks 

Gregorio C. Sierra 

Letitia Dawson-Gyden

Report Prepared by Laurence Steinberg, Ph.D. 

Second Amended Complaint 

Texas Peace Officer's Crash Report 

Swift Documents: 

Swift 000488-000564 

Articles: 

Juveniles Competence to Stand Trial: A Comparison of Adolescents' and Adults' Capacities as Trial Defendants Age Differences in Future Orientation and Delay Discounting 

Biological, Developmental, and Neurobehavioral Factors Relevant to Adolescent Driving Risks Examining the Link Between Adolescent Brain Development and Risk Taking From a Social-Developmental Perspective Cognitive Behavioral and Functional Consequences of Inadequate Sleep in Children and Adolescents 

Age Differences in Sensation Seeking and Impulsivity as Indexed by Behavior and Self-Report: Evidence for a Dual Systems Model 

Sex Differences in the Developmental Trajectories of Impulse Control and Sensation-Seeking from Early Adolescence to Early Adulthood 

Are Adolescents Less Mature than Adults? Minors' Access to Abortion, the Juvenile Death Penalty, and the Alleged APA Flip Flop” 

Education and Experience: 

I am a psychologist, licensed in the State of Texas. I obtained my Bachelor of Science in Education from Midwestern University in Wichita Falls, Texas in 1972. In 1982, I earned a Master of Education in Special Education from the University of Texas at Tyler in Tyler, Texas. In 1996, I earned a Ph.D. in School Psychology with specializations in Child Clinical Psychology and Neuropsychology from Texas A&M University in College Station, Texas. I completed my post doctorate fellowship in neuropsychology at UT Southwestern Medical Center in Dallas, Texas from 1996 to 1997. 

Since August 1997, I have been employed as a pediatric neuropsychologist/psychologist at Our Children's House at Baylor, which was recently acquired by Children's Health. My responsibilities there include assessment and development of treatment plans for inpatients, cognitive rehabilitation, monitoring of coma status, and parent support, education, and training. I am also apart of a multidisciplinary team treating children and adolescents, as well as administering neuropsychological evaluations for children and adolescents with head injuries approximately six to nine months after injury. I also continue to follow their recovery as they return for subsequent evaluations. I recently retired from this position but will continue to work on an as needed basis (PRN).

In addition to my duties described above, I am a psychologist/neuropsychologist in private practice in Dallas, Texas. I am currently an Associate Professor at the University of Nevada, Las Vegas, and have previously taught at Richland College in Richardson, Texas and Texas A&M University. Additionally, I serve on the editorial review boards of Applied Neuropsychology and of Archives of Clinical Neuropsychology. 

I am board certified by the American Board of Professional Neuropsychology (Diplomate/Fellow) and the American Board of Pediatric Neuropsychology (Diplomate). I am a member of the American Psychological Association, and the National Academy of Neuropsychology (Fellow). Please see my attached curriculum vitae for more detailed information regarding my education, training, and publications. 

Opinions: 

Based on my training, education, and experience, and with a reasonable degree of neuropsychological certainty, the following opinions are provided. 

1. In Dr. Steinberg's report, he provided examples from the U.S. Supreme Court related to ruling within the court system. Specifically, these ruling refer to juvenile death penalty and use of life without the possibility of parole in juvenile sentencing. For example, Dr. Steinberg referenced the article, Juveniles' competence to stand trial: A comparison of adolescents' and adults' capacities as trial defendants. Adolescents in juvenile detention centers and community setting were compared with young adults in jails and in the community. Results indicated, “Youths aged 15 and younger performed more poorly than young adults, with a great proportion manifesting a level of impairment consistent with that of persons found incompetent to stand trial.” This does not appear to be applicable to Mr. Brooks and the elements of this case. 

2. In Dr. Steinberg's report, he provided an extensive literature review of the cognitive, physical, neurobiological, and emotional development of adolescents. His conclusions are broadly based and do not appear to be specific to Mr. Brooks. For example, the article, Biological, Developmental, and Neurobehavioral Factors relevant to Adolescent Driving Risks, focuses on the adolescent's brain development, the interaction between cognitive and emotional systems, sleep deprivations and their contribution to driving risks in teens. This review article is not applicable to Mr. Brooks as he was an adult not a teen at the time of the accident. It does not appear that Dr. Steinberg had the opportunity to interview or assess Mr. Brooks. Relevant documents pertaining to Mr. Brooks have not been provided such as educational records (which would include prior educational/learning/ attention/behavioral/emotional diagnoses). 

The opinions in this case are based solely on the review of the records. I have not had the opportunity at this time to interview and/or evaluate Mr. Brooks. I reserve the right to supplement my opinions as additional pertinent information becomes available. 

Summary

Name of Expert: Joan Weaver Mayfield, ABN, ABPdN, Ph.D.

Area of Expertise:

• Psychiatry & Psychology >> Psychology

• Medical & Surgical >> Neurology/Neurosurgery/Brain

Representing: Defendant

Jurisdiction: W.D.Tex.

Retained by:

Sergio Chavez Rincon Law Group 1014 N. Mesa, Suite 200 El Paso, Texas 79902

Date: [Date of Report]

Dear Mr. Chavez:

As per your request, I have reviewed the following materials in the above-referenced case:

Depositions:

• William Peyton

• Edward R. Freeman

• Zackary Taylar Brooks

• Gregorio C. Sierra

• Letitia Dawson-Gyden

Reports and Legal Documents:

• Report Prepared by Laurence Steinberg, Ph.D.

• Second Amended Complaint

• Texas Peace Officer's Crash Report

Swift Documents:

• Swift 000488-000564

Scientific Literature:

• Grisso, T., Steinberg, L., Woolard, J., Cauffman, E., Scott, E., Graham, S., … & Schwartz, R. (2003). Juveniles' competence to stand trial: A comparison of adolescents' and adults' capacities as trial defendants. Law and Human Behavior, 27(4), 333–363.

• [Include full citations for remaining articles as in the example above]

Education and Experience:

I am a licensed psychologist in the State of Texas. My academic credentials include a Bachelor of Science in Education (Midwestern University, 1972), a Master of Education in Special Education (University of Texas at Tyler, 1982), and a Ph.D. in School Psychology with specializations in Child Clinical Psychology and Neuropsychology (Texas A&M University, 1996). My postdoctoral fellowship in neuropsychology was completed at UT Southwestern Medical Center (1996-1997).

Since 1997, I have served as a pediatric neuropsychologist at Our Children's House at Baylor (recently acquired by Children's Health). My responsibilities encompassed assessment, treatment planning, cognitive rehabilitation, coma monitoring, and parent education and support. I have extensive experience in the neuropsychological evaluation and longitudinal monitoring of children and adolescents with head injuries. While recently retired from this position, I continue to provide services on an as-needed basis.

My professional activities also include maintaining a private practice in Dallas, Texas, specializing in pediatric neuropsychology, and holding an appointment as Associate Professor at the University of Nevada, Las Vegas. Previously, I have held teaching positions at Richland College and Texas A&M University. I am actively engaged in the field through editorial board memberships with Applied Neuropsychology and Archives of Clinical Neuropsychology.

I am board certified by the American Board of Professional Neuropsychology (Diplomate/Fellow) and the American Board of Pediatric Neuropsychology (Diplomate). My professional affiliations include the American Psychological Association and the National Academy of Neuropsychology (Fellow). A comprehensive overview of my qualifications and scholarly work can be found in the attached curriculum vitae.

Opinions:

Based on my professional expertise and a review of the provided materials, I offer the following opinions with a reasonable degree of neuropsychological certainty:

1. Dr. Steinberg's report cites U.S. Supreme Court rulings concerning juvenile sentencing, particularly regarding the death penalty and life without parole. He references research (e.g., Grisso et al., 2003) comparing the legal competency of adolescents and adults, noting that a significant proportion of youths aged 15 and under exhibit impairments consistent with incompetence to stand trial. However, the applicability of these legal precedents and research findings to Mr. Brooks in this specific case appears tenuous.

2. Dr. Steinberg's report presents a comprehensive review of adolescent development across cognitive, physical, neurobiological, and emotional domains. While informative, his conclusions lack specificity to Mr. Brooks' circumstances. For instance, the cited article on adolescent driving risks focuses on factors irrelevant to this case, given that Mr. Brooks was an adult at the time of the incident. Notably, Dr. Steinberg's analysis appears to lack the benefit of a direct interview or assessment of Mr. Brooks. Furthermore, pertinent records, such as educational history (including any prior diagnoses related to learning, attention, behavior, or emotional functioning), were not provided for review.

Limitations:

It is important to note that my opinions are based solely on the review of the provided documents. A comprehensive evaluation of Mr. Brooks, including a clinical interview, has not been conducted at this time. I reserve the right to amend or supplement these opinions should additional relevant information become available.

Summary

Name of Expert: Joan Weaver Mayfield, ABN, ABPdN, Ph.D.

Area of Expertise: Psychology and Neurology

Representing: Defendant

Jurisdiction: W.D.Tex.

Sergio Chavez Rincon Law Group 1014 N. Mesa, Suite 200 El Paso, Texas 79902

Dear Mr. Chavez:

As you requested, I reviewed the documents you provided concerning the case mentioned above, including depositions, reports, and other relevant materials.

My Qualifications:

I am a licensed psychologist in Texas, specializing in pediatric neuropsychology. I hold a Ph.D. in School Psychology with specializations in Child Clinical Psychology and Neuropsychology. I've worked extensively with children and adolescents, assessing and treating various conditions, including head injuries. My expertise lies in understanding brain function, development, and its impact on behavior. I am board-certified and a member of numerous professional organizations. My detailed credentials are in the attached curriculum vitae.

My Opinions:

Based on my expertise and the reviewed materials, I offer these opinions:

1. Dr. Steinberg's Report: Dr. Steinberg's report cites legal cases related to juvenile sentencing, like the death penalty and life without parole. He uses the example of a study comparing adolescents to young adults, finding that those aged 15 and under showed difficulties in legal competency. However, this information doesn't seem relevant to Mr. Brooks's case, as he was an adult, not a minor, at the time of the incident.

2. Applicability to Mr. Brooks: Dr. Steinberg provides a thorough overview of adolescent development, but this information is not tailored to Mr. Brooks specifically. He refers to research on adolescent brain development and risk-taking, such as a study on driving risks in teenagers. However, this research is not applicable to Mr. Brooks, who was an adult at the time. It seems Dr. Steinberg didn't personally interview or assess Mr. Brooks, nor were important documents like educational records provided.

These opinions are based solely on my review of the documents provided. I haven't had the opportunity to interview or evaluate Mr. Brooks. If further information becomes available, I reserve the right to revise my opinions accordingly.

Summary

Name of Expert: Joan Weaver Mayfield, Ph.D. (Expert in Psychology and Brain Science)

Working For: The Defendant (Mr. Brooks)

Case: Located in West Texas

To: Sergio Chavez, Lawyer for Mr. Brooks

From: Joan Weaver Mayfield, Ph.D.

Date: Not given

Subject: My thoughts on the case documents

Dear Mr. Chavez,

As you asked, I looked at the documents for this case. Here's what I found:

My Education and Experience:

I'm a psychologist licensed in Texas. I have a Ph.D. in School Psychology, focusing on how kids think and learn, especially those with brain differences. I've worked as a pediatric neuropsychologist, helping kids with brain injuries at Our Children's House at Baylor (part of Children's Health). I've also taught at universities, reviewed academic papers, and have my own practice. You can find more details about my experience in my resume (attached).

My Opinions:

Based on my experience, here are my thoughts on the case:

1. Dr. Steinberg's Report: Dr. Steinberg talked about Supreme Court cases on punishing young people, like the death penalty. He mentioned a study where teens in trouble with the law didn't understand court stuff as well as adults. This seems unrelated to Mr. Brooks' case because he's an adult, not a teen.

2. Dr. Steinberg's Report (continued): Dr. Steinberg talked a lot about how teens' brains and emotions work, but he didn't connect it to Mr. Brooks specifically. For example, he mentioned a study on teen driving, which doesn't apply to Mr. Brooks since he's an adult. It doesn't seem like Dr. Steinberg talked to or tested Mr. Brooks. We also don't have important information like Mr. Brooks' school records, which could tell us about any learning or emotional problems he might have.

Important Note: My opinions are based only on the documents. I haven't met or talked to Mr. Brooks yet. If I get more information, I might change my mind.

Sincerely,

Joan Weaver Mayfield, Ph.D.

Summary

Name of Expert: Joan Weaver Mayfield, Ph.D.

What She's Good At: Helping people with their feelings and brains.

Who She's Helping: The people protecting the driver.

Where the Case Is: Texas

Letter to the Lawyer:

Mr. Chavez,

You asked me to look at the papers about the accident. I read everything you sent:

• Stories from people: William Peyton, Edward R. Freeman, Zackary Taylar Brooks, Gregorio C. Sierra, Letitia Dawson-Gyden

• Report by Dr. Laurence Steinberg

• Legal Papers: Second Amended Complaint, Texas Peace Officer's Crash Report

• Swift Documents: Swift 000488-000564

• Articles about teenagers and brains

What I've Learned and Done:

I'm a brain doctor for kids and teenagers. I help them if they have problems with thinking, learning, or their emotions. I went to school for a long time to learn about all of this! I work with kids in hospitals and in my own office.

My Thoughts:

After looking at everything, here's what I think:

1. Dr. Steinberg talks about teenagers who break the law. He talks about some big court cases about whether teenagers should go to jail for life. He says teenagers don't think like grown-ups. But, Mr. Brooks was already a grown-up when the accident happened, so this doesn't really apply to him.

2. Dr. Steinberg says teenagers' brains are still growing. He says this makes them do risky things, like driving too fast. But this doesn't tell us anything about Mr. Brooks because he wasn't a teenager. Plus, Dr. Steinberg never even met Mr. Brooks! We need to look at Mr. Brooks' school records and things like that to see if he had problems before.

I'm still working! I haven't met Mr. Brooks yet, so these are just my first thoughts. I might have more to say later.