Nostrom competent to stand trial

Jun. 24—Warren John Nostrom, despite a plethora of mental and physical health issues, is competent to stand trial for the September 2018 shooting deaths of his estranged wife and the man with whom she was romantically involved.

The trial of Nostrom in the deaths of Joy Nostrom and her boyfriend, Mark Gunter, is set for Sept. 14.

Competency issue

Several key motions were heard during a marathon hearing Tuesday that lasted nearly seven hours. One key issue is whether Nostrom is competent to stand trial.

Criminal Court Judge Gary McKenzie said after hearing evidence and arguments from Assistant District Attorneys Philip Hatch and Amanda Worley, and defense attorneys Sam Hudson and Howard Upchurch, witnesses were conflicting in diagnosing Nostrom's competency.

"I have to have proof overwhelming (Nostrom is not competent) and that has not been done," McKenzie said.

Hudson had argued that Nostrom possesses an IQ of 68, has a ninth-grade education and that his client's understanding of the proceedings "is very rudimentary."

In addition, Hudson argued that experts testified as to his impairments due to early onset of dementia. To prove his point, the defense lawyers argued that Nostrom was removed from the seriousness of Tuesday's hearings and all he wants to talk about is not being allowed to shave or get a haircut prior to the hearing.

"I can't get him to talk about the hearing," Hudson said, alluding to Nostrom's inability to assist in his own defense.

Hatch countered he was relying on two witnesses who both testified Nostrom is competent to stand trial.

The defense team relied on the testimony of Dr. Steven Montgomery, a forensic psychiatrist at Vanderbilt. Montgomery testified he conducted a forensic evaluation of Nostrom in June 2020 that had to be done remotely because of COVID-19 restrictions in place.

He pointed to medical conditions — including heart issues and cancer — and that Nostrom had been forced into treatment at Cookeville Regional Medical Center following a suicide attempt two years before the shootings.

He also noted that Nostrom claimed to be a retired New York police officer, which is not true. During questioning on the night of the shootings, Nostrom repeated that claim and also claimed he had worked for the New York Yankees, which is also not true.

Montgomery's observations included Nostrom's inability to stay on track during conversations and that he did not do well on the cognitive testing.

He concluded that Nostrom is in denial of the chain of events in September 2018 which illustrates he has cognitive issues, is judgment and insight impaired and was described as rating poorly when it comes to rational decisions.

Montgomery concluded that the neurocognitive issues could stem from Nostrom's heart issues which could have affected blood flow to the brain.

Finally, Montgomery said Nostrom relayed to him that he believes he shot Mark Gunter in self-defense and that his estranged wife, Joy, died after collapsing from a medical episode.

Under cross examination from Hatch, Montgomery did state he felt at the time he tested Nostrom, the defendant was competent to stand trial but would have to have his mental state monitored.

Dr. Marshal Slatten of Voluntary Health Services of Chattanooga was called to counter's Montgomery's assessment by the state.

She agreed that Nostrom was prone to go off track during conversations but she found he could be redirected back to the original topic.

After conducting her test on Nostrom, Slatten told the court she felt Nostrom was competent to stand trial.

Motion to

suppress

Hudson and Upchurch filed this motion challenging whether Nostrom understood or was able to waive his Miranda rights and give investigators a statement after his return from Erlanger Medical Center.

Nostrom was flown to the trauma center after turning his handgun on himself. The wound from the single gunshot was described as being about three inches long, creasing the tissue over his skull but not entering or causing damage to the skull.

Hudson argued that whether Nostrom could "knowingly and intelligently voluntarily waive his rights" because Nostrom had been up for nearly 20 hours, had been placed under heavy medication including fentanyl and morphine and had just attempted suicide for which those drugs were administered.

Hatch countered that testimony was the wound was superficial and described as a "flesh wound," and that the drugs given to him were in small doses and did not affect his decision making.

"He had the will to talk and he had the will to stop talking," Hatch argued.

Hatch relied on testimony from Crossville physician and surgeon, Dr. Mark Fox, who saw Nostrom at the scene as he was being prepared for air transport to Erlanger, and who reviewed medical notes from the Erlanger staff.

He said the notes revealed no evidence of bone or brain damage from the self-inflicted "flesh wound," which was confirmed through X-rays and CAT scan.

The medication Nostrom received was small doses to counter pain and to sedate Nostrom for the flight and for treatment at Erlanger, Fox said.

Crossville Police Lt. Dustin Lester testified he was dispatched to Erlanger and transported Nostrom from Chattanooga to the Justice Center in Crossville once he was released from the trauma center.

Lester informed Nostrom that he was not allowed to speak to him on the return trip and testified Nostrom mostly slept on the return trip.

TBI Assistant Agent in Charge Jason Legg testified about the voluntary statement Nostrom gave him and TBI Investigator Hunter Locke.

Hatch played excerpts of that interview.

The video shows Nostrom entering the interrogation room at 12:40 a.m. and immediately begin talking about the shooting. It shows Legg stopping Nostrom and telling him he had to read him his rights first.

Locke testified he had to interrupt Nostrom several times to get him to listen to the Miranda warning and to get him to sign a document stating he was informed of his rights before giving a statement.

Nostrom told the agent that Howard Upchurch was representing him in the divorce action but does not ask for Upchurch to be present for the interview.

Locke said rather than an interrogation, Nostrom "just talked."

At one point Nostrom is heard on the video as stating after he saw Joy Nostrom with Mark Gunter, "I just went nuts."

Nostrom went on to describe the events as he remembered them.

This all came to a sudden stop when Agent Locke entered the room with a waiver for Nostrom to sign allowing a search of a his cellphone.

Nostrom balked and told the agents, "I better wait to talk to Howard (Upchurch) about this. I'm sorry."

And the interview ended.

McKenzie ruled that there was no evidence Nostrom was incapable to waive his rights and that he saw no misconduct on the video relating to the administration of the Miranda warning.

The video statement will be allowed as evidence at trial.

Suppression

of divorce

At issue was whether prosecutors would be allowed to introduce into evidence two ex parte orders of protection, an order of protection and the divorce filing.

An ex parte order of protection is a temporary document banning contact enforced until a hearing for a permanent order of protection can be held. Most orders of protection are for one year but the amount of time they are in force is up to the presiding judge.

McKenzie took little time in striking down the state's argument that the documents that relate to what is called inappropriate marital conduct and the proximity of the permanent order to the shooting deaths.

McKenzie ruled the divorce document amounted to hearsay evidence and would not be allowed to be presented to the jury.

The same held true for the ex parte orders of protection that were later dropped by Joy Nostrom.

The permanent order poses an interesting question. The document includes affidavit signed by General Sessions Court Judge Larry Warner avowing that contents of the document were sworn to by Joy Nostrom.

Hatch presented to the court that this indicates the judge who issued the permanent order of protection recognized the contents as Joy Nostrom's statement.

Upchurch countered that to allow this document into evidence would taint the jury as to prior bad acts which should not be allowed.

McKenzie deferred ruling on this defense motion to suppress the permanent order and also continued motions concerning photographs of the crime scene and a motion to sever the charges which would require separate trials for the deaths of Joy Nostrom and Mark Gunter.

Those issues, and any other pending motions, will be heard on Tuesday at 1 p.m.

Michael Moser may be reached at mmoser@crossville-chronicle.com