Full opinion text
ORDER G. KENDALL SHARP, District Judge. This case is before the Court for review of a Petition for Writ of Habeas Corpus filed by a person in state custody, Thomas Harrison Provenzano, pursuant to 28 U.S.C. § 2254. Respondents filed a response to the petition, and Petitioner filed a reply to the response. I. STATEMENT OF THE FACTS The Court adopts the facts as set out in the Supreme Court of Florida’s opinion, in disposing of Petitioner’s direct appeal, Provenzano v. State, 497 So.2d 1177 (Fla.1986), cert. denied, 481 U.S. 1024, 107 S.Ct. 1912, 95 L.Ed.2d 518 (1987). Petitioner had been arrested for disorderly conduct by two officers of the Orlando Police Department, and the charge became an obsession with Petitioner. Petitioner continually followed and threatened to kill the officers who arrested him. Petitioner purchased several weapons, including a .38 caliber revolver, 12 gauge shotgun, and .45 caliber semi-automatic weapon. Petitioner had pockets sewn into the inside lining of his jacket for the purpose of concealing the weapons. On the day of his disorderly conduct trial, Petitioner was wearing the jacket which had the inside pockets sewn, and he carried into the courtroom a knapsack, which contained a gun stock for his .45 caliber weapon and ammunition for the .38 caliber revolver. After a bailiff told him that he would be required to leave the knapsack outside or have it searched, Petitioner took his knapsack to his car. Petitioner returned to the courtroom without his knapsack, and the presiding judge subsequently instructed Bailiff Dalton to search him. As Bailiff Dalton approached, Petitioner reached in his pocket and shot Bailiff Dalton. Petitioner then chased and shot Corrections Officer Parker. Bailiff Wilkerson exited the courtroom into the hallway where the shooting was taking place. Dalton and Parker were both shot and injured by Petitioner. Wilkerson was shot and killed by Petitioner. Petitioner was later shot in the back by Corporal A.C. Jacobs of the Orange County Sheriffs Department. II. PROCEDURAL HISTORY Petitioner was convicted of two counts of attempted first-degree murder and one count of first degree murder; the trial court followed the jury’s recommendation and sentenced Petitioner to death for the murder conviction. The trial court also sentenced Petitioner to consecutive terms of imprisonment for thirty years as to each of the attempted first degree murder convictions. Petitioner appealed the judgments and sentences to the Supreme Court of Florida, raising nine claims, and that court affirmed the convictions and sentences. See Provenzano v. State, 497 So.2d 1177 (Fla.1986), cert. denied, 481 U.S. 1024, 107 S.Ct. 1912, 95 L.Ed.2d 518 (1987). The Governor of Florida subsequently signed a death warrant. Petitioner then filed with the state trial court a motion for post-conviction relief and a request for stay of execution and with the Supreme Court of Florida a petition for writ of habeas corpus and request for stay of execution. Petitioner raised twenty-three claims in his motion for post-conviction relief, and the trial court found many of the claims to be procedurally barred, while the remainder of the claims were found to be without merit. The state trial court denied the motion for post-conviction relief and the request for a stay. The trial court did not hold an evidentiary hearing on the motion. Petitioner appealed the denial to the Supreme Court of Florida, which granted Petitioner’s request for a stay of execution. Petitioner raised twelve claims in the petition for writ of habeas corpus, ten arguments in his initial brief on. appeal and six other arguments in a supplemental brief filed in the same appeal. The Supreme Court of Florida subsequently denied the petition for a writ of habeas corpus and affirmed the denial of the motion for post-conviction relief. See Provenzano v. Dugger, 561 So.2d 541 (Fla.1990). However, the Supreme Court of Florida did require the state attorney to disclose to Petitioner’s attorney those portions of his file covered by Chapter 119, Florida Statutes as interpreted in State v. Kokal, 562 So.2d 324 (Fla.1990). Petitioner was allowed an extension of time of sixty days to file a new motion for post-conviction relief predicated on any claims under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), arising from the disclosure of such files. Petitioner subsequently filed a supplemental motion for post-conviction relief with the state trial court, which was denied. The Supreme Court of Florida affirmed the denial. Provenzano v. State, 616 So.2d 428 (Fla.1993). III. MERITS OF THE PETITION A. Claims Pertaining to Guilt/Innocence Claim I Petitioner states that the trial court’s failure to grant him a change of venue deprived him of his right to a trial before a fair and impartial jury. According to Petitioner, there was extensive and prejudicial pre-trial publicity that “saturated the community in which [Petitioner] was tried....” Petitioner also alleged ineffective assistance of counsel based on counsel’s failure to timely request a change of venue. This claim was raised on direct appeal, and the Supreme Court of Florida initially determined that the elaim was procedurally barred because it had not been preserved for appellate review. Provenzano, 497 So.2d at 1181. The federal court must dismiss those claims or portions of claims that either (1) have been explicitly ruled proeedurally barred by the highest state court considering the claims, or (2) are not exhausted but would clearly be barred if returned to state court. Thus, “[f]edoral courts are precluded from addressing claims that have been held to be proeedurally defaulted under state law. In addition, federal courts may not address claims that have not been presented in state court if the state court would have found the claims to be proeedurally defaulted....” Tower v. Phillips, 7 F.3d 206, 210 (11th Cir.1993). This claim is proeedurally barred in this Court because the last state court rendering a judgment in Petitioner’s case clearly and expressly stated that its judgment rested on the procedural bar. Although the Supreme Court of Florida did also address the merits of the claim, this claim still is proeedurally barred. In Alderman v. Zant, 22 F.3d 1541, 1549 (11th Cir.), cert. denied, 513 U.S. 1061, 115 S.Ct. 673, 130 L.Ed.2d 606 (1994), the Eleventh Circuit Court of Appeals stated as follows; [W]here a state court has ruled in the alternative, addressing both the independent state procedural ground and the merits of the federal claim, the federal court should apply the state procedural bar and decline to reach the merits of the claim. (Citations omitted). There are two exceptions to the procedural default bar: the first is the “cause and prejudice” exception; the second, which is a narrow one, is the “actually innocent” exception, alternatively known as the “fundamental miscarriage of justice” exception, used in extraordinary circumstances. See Johnson v. Singletary, 938 F.2d 1166, 1174-75 (11th Cir.1991), cert. denied, 506 U.S. 930, 113 S.Ct. 361, 121 L.Ed.2d 274 (1992). In the present case, Petitioner has not shown either cause or prejudice that would excuse the default. Likewise, Petitioner has neither alleged nor shown the applicability of the actually innocent exception. The Court has reviewed the entire record and concludes that Petitioner is unable to satisfy either of the exceptions to the procedural default bar. Therefore, this claim is procedurally barred. Alternatively, the Court will address the merits of the claim. On the morning that the trial started, Petitioner stated for the first time that he had been laboring under the misconception that the venire would be selected from voters throughout the State of Florida and that he did not want to be tried by a jury selected from Orange County, Florida voters. (R. 3.) After some discussion, the trial court granted leave to file an oral motion for change of venue. (R. 18.) The motion was taken under advisement under the condition that a written motion would follow shortly thereafter. (R. 18.) The oral motion requested that a ruling be deferred until after voir dire in order to determine if the jurors would be able to render a fair and impartial verdict. (R. 19-20.) No written motion was ever filed. During the discussion of this matter, Petitioner’s counsel informed the trial court that conducting the trial in Orange County was a tactic of the defense. (R. 9-10.) Counsel preferred selecting a jury from Orange County rather than from the St. Augustine area, the location where the trial would have been moved, because he believed that the insanity defense would be more effective in Orange County than in the more conservative community of St. Augustine. Although Petitioner insists that he did not want to be tried by Orange County jurors, Petitioner and his counsel discussed the jury selection, and counsel informed the trial court after the jury had been selected that “Let’s have a run at it. The defendant accepts.” (R. 369.) Additionally, the defense did not use all of its peremptory challenges during the jury selection. The standard governing change of venue issues is derived from the Fourteenth Amendment’s due process clause, which safeguards a defendant’s Sixth Amendment right to be tried by a panel of jurors who are impartial and indifferent. Coleman v. Kemp, 778 F.2d 1487, 1489 (11th Cir.1985), cert. denied, 476 U.S. 1164, 106 S.Ct. 2289, 90 L.Ed.2d 730 (1986). There are two standards that guide the analysis of change of venue issues: the actual prejudice standard and the presumed prejudice standard. Id. “Actual prejudice occurs when the prejudice actually enters the jury box and affects the jurors.” Heath v. Jones, 941 F.2d 1126, 1134 (11th Cir.1991), cert. denied, 502 U.S. 1077, 112 S.Ct. 981, 117 L.Ed.2d 144 (1992). A petitioner is unable to establish actual prejudice without proving that at least one juror should have been dismissed for cause. Id. “Prejudice is presumed from pretrial publicity when pretrial publicity is sufficiently prejudicial and inflammatory and the prejudicial pretrial publicity saturated the community where the trials were held.” Coleman, 778 F.2d at 1490. The presumed prejudice standard is rarely applicable and is reserved for an extreme situation. Id. In the present case, Petitioner has not met the actual prejudice standard because he has not shown that prejudice actually entered the jury box or that at least one juror should have been dismissed for cause. All of the seated jurors denied having a fixed opinion as to Petitioner’s guilt, and they all promised to follow the trial judge’s instructions. Likewise, Petitioner has not shown that the presumed prejudice standard is applicable because he has not met either the inflammatory or the saturation requirement of the presumed prejudice analysis. Petitioner states that there was extensive and prejudicial media coverage of the case. However, although there was extensive publicity in Orange County with regard to the shooting and Petitioner’s arrest, as the Supreme Court of Florida correctly noted, pretrial publicity in a case such as this one, standing alone, does not require a change of venue. The record does not support Petitioner’s claim that the news coverage was inflammatory. None of the articles cited by Petitioner was inflammatory; rather, they were purely factual presentations of the news about the incident. In addition, Petitioner does not cite any articles in which the media discussed highly prejudicial evidence in a manner that raises concerns about potential jurors being influenced by information not properly subjected to the “crucible of the adversarial process.” Heath, 941 F.2d at 1133 (quotation omitted) (citation omitted). Moreover, Petitioner has not demonstrated that the media coverage saturated the market. Petitioner must prove 1) that a substantial number of the people in the relevant community could have been exposed to some of the prejudicial media coverage, and 2) that the effects of the media saturation continued until the trial. Heath, 941 F.2d at 1136. The case stayed in the news for several weeks after the incident (in January, 1983 and February, 1983) and then again for a period of a few weeks in March, 1984; however, for the periods between February, 1983 through March, 1984 and after March, 1984 until trial, the case received little or no attention in the news media. Thus, Petitioner has failed to meet the second portion of the saturation requirement. Petitioner is unable to show that the media coverage, which was not inflammatory, marred his trial sufficiently for the Court to determine that this is one of those extremely rare cases in which presumed prejudice should be found. A review of the pretrial publicity and void dire examination shows that a fair and impartial jury was ultimately impaneled. The Court also rejects Petitioner’s claim that he received ineffective assistance of counsel with regard to this matter.- The Supreme Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), established a two-part test for determining whether a convicted person is entitled to relief on the ground that his counsel rendered ineffective assistance. The first prong of the Strickland test requires that the defendant demonstrate that counsel’s performance was deficient and “fell below an objective standard of reasonableness.” Strickland, 466 U.S. at 688, 104 S.Ct. 2052. The second prong of the Strickland test requires the defendant to show that the deficient performance prejudiced the defense. Id. at 687, 104 S.Ct. 2052. A court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonably professional assistance. Strickland, 466 U.S. at 689-690, 104 S.Ct. 2052. It is readily apparent that counsel’s decision not to renew the motion for change of venue was a tactical one. Strategic choices of trial counsel are granted a heavy measure of deference in a subsequent habeas corpus attack. Id. at 690-91, 104 S.Ct. 2052. The Court must strongly presume that trial counsel rendered adequate assistance and the challenged conduct was the product of reasoned trial strategy. Id. at 690, 104 S.Ct. 2052. Additionally, it is unlikely that a change of venue would have been granted since there was no undue difficulties in selecting an impartial jury. Petitioner consulted with counsel as to the jury panel selection,, and the defense did not use all of its peremptory challenges. Thus, counsel’s performance was in no manner deficient with regard to this matter, and Petitioner has not shown prejudice. Claim II Petitioner contends that he received ineffective assistance of counsel during the guilt phase of his trial and identifies the following issues: 1) difficulty in securing counsel; 2) inadequacy at the competency hearing; 3) failure to change venue; 4) inadequate voir dire; 5) inadequate cross-examination; 6) waiver of attorney/client privileges; 7) failure to present a defense of “imperfect” self-defense; 8) failure to permit defendant to testify; 9) failure to object to testimony of court officials; 10) failure to object to Petitioner’s absence from critical stages; and 11) failure to assure adequate mental health assistance. Petitioner asserted all eleven grounds in his motion for post-conviction relief. The trial court found that issues 3 and 4 were litigated on direct appeal and, therefore, could not be attacked by a motion for post-conviction relief. The trial court further found that issues 2, 5, 7, 8, and 9 involved trial strategy and did not support a claim for ineffective assistance of counsel. Issues 6, 10, and 11 were found legally insufficient to support a claim. The trial court did not specifically address issue 1. The Florida Supreme Court affirmed the trial court’s decision, denying all Petitioner’s ineffective assistance of counsel claims on appeal. 1. Issue One Petitioner contends that difficulty securing trial counsel supports a claim for ineffective assistance under the Sixth Amendment. Steven G. Horneffer was initially appointed to represent Petitioner on January 12, 1984. On February 14, 1984, Mr. Horneffer’s appointment was continued as a special public defender. However, both Mr. Horneffer and the Public Defender’s Office subsequently motioned to withdraw from the case. The motions were granted and, on March 23, 1984, Jack T. Edmund was appointed to represent Petitioner. Dan Brawley was later appointed co-counsel for Petitioner. Mr. Edmund and Mr. Brawley served as counsel for Petitioner through sentencing. Petitioner claims that although Mr. Hor-neffer filed “numerous motions on Mr. Pro-venzano’s behalf, it is still obvious that he never intended to take the case to trial.” Petitioner further states that the inability to find local counsel, coupled with the removal of the local State Attorney’s Office and the Ninth Judicial Circuit judges, “created an atmosphere of uncertainty that permeated the entire pretrial period and hindered counsel’s representation.” These allegations are conclusory and facially insufficient to satisfy either prong of the Strickland standard. Petitioner fails to demonstrate' any specific instance of counsel’s performance which fell below an objective standard of reasonableness. Furthermore, absolutely no prejudice to Petitioner has been shown. This claim is wholly without merit and must be dismissed. 2. Issue Two Petitioner argues that his trial counsel was ineffective during the competency proceedings because he failed to present witnesses to rebut the State’s experts and because he failed to develop the appropriate statutory criteria with his own expert. Petitioner further asserts that trial counsel was ineffective for failing to seek a new competency determination “when Mr. Provenzano was no longer capable of rational collaboration with counsel.” (Traverse at'17.) Upon request by Petitioner’s initial trial counsel, the trial court appointed Dr. Robert L. Pollack to conduct a psychiatric examination of Petitioner and submit a report to Petitioner’s counsel. (R. 2756.) Petitioner subsequently filed a Motion for Competency Determination. (R. 2766-67.) The trial court then appointed three additional experts to examine Petitioner. All three submitted reports finding Petitioner to be competent to stand trial and testified to such during the competency hearing. (R. 2791-95, 2798; Transcript of Competency Hearing at 5-7, 14 — 15, 26-28.) However, based on Petitioner’s allegations of conflict of interest, the trial court did not rely on the testimony of one of the three additional experts. (R. 2809-2810.) Petitioner contends that trial counsel was ineffective for failing to present witnesses to rebut the State’s experts. However, even defense counsel’s own expert clearly found Mr. Provenzano competent to stand trial. Petitioner fails to demonstrate what evidence of incompetency was available for counsel’s use in rebuttal or could have supported the need for a subsequent competency determination.- Moreover, no evidence has been offered to support Petitioner’s contention that Dr. Pollack did not properly adhere to the statutory criteria for competency. Thus, this Court is unable to conclude that counsel’s performance was deficient. Furthermore, in addition to Dr. Pollack, the two other experts considered by the trial court unequivocally found Petitioner competent to stand trial. Thus, Petitioner suffered no prejudice as result of his counsel’s alleged failures. This claim must fail. 3. Issue Three Petitioner argues that trial counsel was ineffective for not filing a written motion to change venue. For the reasons stated in Claim I, supra, this claim is rejected. J. Issue Four Petitioner next claims his trial counsel was ineffective for failing to inquire during voir dire to “find out what they [jurors] had heard, or how it would affect their partiality’in judging an insanity defense” (emphasis in original). The record clearly does not support this contention. Although the trial court specifically avoided inquiring into the details of pre-trial publicity experienced by the potential jurors, both the trial court and defense counsel inquired extensively of the venire to determine whether the exposure would have any impact on an individual’s ability to render a fair and impartial verdict. In fact, any potential juror expressing the slightest reservation- about his or her ability to disregard any pretrial publicity was promptly excused for cause. Furthermore, the trial judge and defense counsel both conducted considerable inquiry concerning each juror’s ability to consider an insanity defense. Having reviewed the complete transcript of the jury selection proceedings,- this Court concludes that Petitioner’s trial counsel performed reasonably. However, even if counsel could be said to have been ineffective, Petitioner has failed to demonstrate any prejudice. This Court agrees with the Florida Supreme Court’s determination that “a fair and impartial jury was ultimately impaneled.” 497 So.2d at 1182. 5. Issue Five Petitioner contends that trial counsel failed to adequately confront and cross-examine ten of the State’s rebuttal witnesses: Jay Hostetter, Wayne Blecha, David Laufman, Elizabeth Jones, Sonny Barnett, Robert Thomas, Mark Beaulieu, Victor Uvalle, Vicki D’Auitevil, and Diane Flynn. The first five witnesses either sold weapons, ammunition, or both to Petitioner; the next three individuals were law enforcement officers; and the last two were Orange County courthouse employees at the time of the shooting. Petitioner argues that the first five witnesses were subject to possible impeachment since selling weapons and ammunition to someone believed to be mentally ill violates federal law. The law enforcement officers and courthouse employees were also subject to impeachment, according to Petitioner, based upon their possible association with the victims and pressure from their work communities. Finally, Petitioner alleges ineffectiveness of trial counsel in failing to conduct any cross-examination of Dr. Wilder. Petitioner can demonstrate no prejudice because the lay witnesses testified Petitioner appeared to behave normally at various times prior to the incident and while taking steps to further his plan to kill the officers who had arrested him on the disorderly conduct charge. This testimony is entirely consistent with the defense’s contention that Petitioner was entirely functional, except while in his delusional state. (R. 1559-60.) Defense counsel aptly covered this point during his cross-examination. (R. 1587-88, 1595-96, 1601-02.1607, 1608, 161-15, 1619, 1628, 1633-34.) Moreover, defense counsel’s extensive cross-examination of the ten witnesses served to repeatedly remind the jury of a number of bizarre or odd incidents involving Petitioner. There is not a reasonable possibility that the result of the trial would have been different if the cross-examination set forth in the petition had been presented. In addition to these rebuttal witnesses, the State presented eight (8) other lay witnesses who testified to the apparent sanity of Petitioner. (R. 1576-78, 1647-49, 1651-54, 1656-57, 1661-63, 1665-67, 1670-73, 1675-77). As to Dr. Wilder, defense counsel clearly made a tactical decision not to cross-examine this individual. During closing argument Mr. Edmund stated: You know, even one of their psychiatrists, the old lion who I did not cross-examine — and the reason I didn’t cross-examine him is that the old lion simply said, “I think he would be found insane. I think he comes within the purview of the M’Naughten rule.” That old lion, the' State’s witness, didn’t give you the opinion as to the sanity or insanity of Tommy Provenzano. And he spent more time with him than any of the rest of them did. And he sat there and said, “I think he would be found ... ”, and I think he would this, and I think he would that. And that was his testimony. (R.1936-37.) In fact, defense counsel utilized Dr. Wilder’s testimony three times during closing argument to support Petitioner’s insanity defense. (R. 1304-05, 1324, 1336-37). Strategic choices of trial counsel are granted a heavy measure of deference in a subsequent habeas corpus attack. Strickland, 466 U.S. at 690-91, 104 S.Ct. 2052. The Court must strongly presume that trial counsel rendered adequate assistance and the challenged conduct was the product of reasoned trial strategy. Id. at 690, 104 S.Ct. 2052. Thus, the trial counsel’s decision to forego cross-examination of Dr. Wilder cannot support a claim for ineffective assistance of counsel. 6. Issue Six Petitioner contends trial counsel was ineffective for waiving attorney/client privilege regarding testimony by two of the State’s witnesses: Josephine Stafford, a legal investigator with a law firm representing Petitioner in an automobile accident claim, and Kimberly Duff, a communications assistant at the Public Defender’s Office. Ms. Stafford testified as to Petitioner’s clothing and appearance when she saw him, as well as comments Petitioner made concerning when he was stopped by Officers Shirley and Epperson in August of 1983. Ms. Stafford’s testimony did not include any conversations or advice regarding the automobile accident claim for which her firm had been retained. (R. 911-17.) Ms. Duff testified as to Petitioner’s clothing and mood the day of and the day before the shooting incident. In addition, Ms. Duff recounted a comment Petitioner made approximately one hour before the shooting: “I can’t wait. I have got it beat. I can’t wait until those two policeman walk in. I’ll show them.” (R. 920-23.) Section 90.502 of the Florida Statutes defines the contours of the attorney client privilege. Essentially, a client has the privilege to prevent disclosure of confidential communications disclosed during the rendition of legal services. § 90.502(2), Fla. Stat. (1995). The privilege is only available when all the elements are present, i.e. “ ‘(1) Where legal advice of any kind is sought (2) from a professional legal advisor in his capacity as such, (3) the communications relating to that purpose, (4) made in confidence (5) by the client, (6) are at his instance permanently protected (7) from disclosure by himself or by the legal advisor, (8) except the protection may be waived.’ 8 Wigmore, Evidence § 2292 at 554 (McNaughton rev.1961).” International Tel. & Tel. Corp. v. United Tel. Co. of Florida, 60 F.R.D. 177, 184-85 (M.D.Fla.1973); see also Modern Woodmen of America v. Watkins, 132 F.2d 352, 354 (5th Cir.1942) (“The privilege, however, does not extend to every statement made to a lawyer. If the statement is about matters unconnected with the business at hand, or in a general conversation, or to the lawyer merely as a personal friend, the matter is not privileged.”). Neither Ms. Stafford’s nor Ms. Duffs testimony related “confidences” as contemplated by the statute. In fact, Ms. Duffs statement relating the comments of Petitioner the morning of the shooting is the only testimony which can even arguably be said to relate to the purpose of the attorney/client relationship. However, these comments of Petitioner were clearly not intended to be shielded from third parties. Petitioner made the similar remarks to various other persons not circumscribed by the statutory privilege. (R. 1402 “This is where bad guys get their butts kicked.”; R. 865 “I’m going to do it. I’m going to do it. This is where guys get their ass kicked.”; R. 878 Officer Shirley testified “And then as I was leaving he, he passed and he said, he said, ‘I’ll get you. You’ll see.’ Something to that effect. He said it twice.”; R. 893, 900-01 Petitioner threatened to kill 'officers at time of original citation; R. 905 Petitioner later told Epper-son he would kill him.) Moreover, the testimony as to Petitioner’s appearance and state of mind was not shielded by the privilege. Malinauskas v. U.S., 505 F.2d 649, 655 (5th Cir.1974) (counsel who consulted with petitioner prior to entry of guilty plea did not reveal privileged communication when he testified, based upon his observations and conversations, as to petitioner’s competence at the time of the plea). Since the challenged testimony was not privileged, defense counsel’s performance was not unreasonable. In addition, Petitioner has failed to show any prejudice resulting from the testimony. The information duplicated other evidence presented during the trial. This ineffective assistance of counsel claim must fail. 7. Issue Seven Petitioner states that defense counsel was ineffective for failing to present a defense of “imperfect” self-defense. In support of this claim, Petitioner does not cite to any Florida case law recognizing the theory of an “imperfect” self-defense, and this Court is unable to locate any Florida support for this doctrine. Accordingly, defense counsel cannot be said to have performed unreasonably. On the contrary, the record reflects a thorough and vigorous presentation of an insanity defense. Counsel was not required to advocate a position with no legal support and which could have undermined the Petitioner’s primary defense. People v. Criscione, 125 Cal.App.3d 275, 177 Cal.Rptr. 899 (Cal.App. 1 Dist.1981) (defendant’s counsel was not ineffective for failing to present imperfect self-defense theory because it would have been inconsistent with their defense on the grounds of diminished capacity). 8. Issue Eight Petitioner states that he wanted to testify at trial and defense counsel denied him his “absolute, fundamental right to testify in his own behalf.” During a bench conference held in the middle of the defense’s opening statement, Petitioner’s trial counsel indicated an intention to have Petitioner testify. (R. 493-94.) However, at a later bench conference during the defense’s case, counsel represented that a decision had not been made as to whether Petitioner would testify. (R. 1411 — 12.) Despite Petitioner’s apparent ability to interject his beliefs and contentions during the proceedings, at no point does the record reflect any assertion by him of his right to testify. Accordingly, the bare record does not support his contention that he was denied the right to testify. Furthermore, Petitioner testified coherently and rationally during the penalty phase of the proceedings. Much of his testimony was inconsistent with his insanity defense. In fact, portions of his testimony contradicted testimony by defense witnesses concerning specific instances of alleged odd or bizarre behavior. Petitioner also testified unequivocally that on the day of the shooting he knew right from wrong (R. 2154, 2165) and that the shooting was accidental (R. 2113). Although it appears that counsel’s actions were reasonable, the Court does not need to address this element because Petitioner has clearly failed to show prejudice. Petitioner’s testimony, under oath, during the penalty phase contradicts the basis for his defense and would definitely have undermined his claim of insanity. Having failed to satisfy the prejudice element of the Strickland test, Petitioner cannot prevail on this claim. 9. Issue Nine Petitioner asserts that trial counsel was ineffective for failing to object to the testimony of Judge Cosner, a court official. Petitioner finds error based on alleged public statements made by Judge Cosner “which tended to establish the guilt of Thomas Pro-venzano.” Judge Cosner was a material witness to the shooting incident, which took place in his courtroom. His only involvement in Petitioner’s trial was a witness, not as a court official. Counsel’s performance regarding this witness’ testimony was not unreasonable and no prejudice has been or can be shown by Petitioner. This claim is meritless and must be denied. 10. Issue Ten Petitioner ascribes error for counsel’s alleged failure to object to his absence from three “critical stages” of the proceedings. In assessing whether counsel’s performance fell below an objective standard of reasonableness, Strickland, 466 U.S. at 687-88, 104 S.Ct. 2052, the Court must review the merits of the action Petitioner contends counsel should have taken at trial. Petitioner’s presence was not required at any of the “stages” set forth in his argument. See infra Claim X. Trial counsel’s performance regarding this issue clearly satisfied an objective level of reasonableness. Accordingly, the first prong of the Strickland analysis has not been met and this claim must fail. 11.Issue Eleven Petitioner argues that counsel was ineffective for failing to assure adequate mental health assistance. These allegations are essentially identical to the issues raised in Claim VII. For the reasons stated in Claim VII, infra, this claim is without merit. Claim. Ill Petitioner argues that because of his counsel’s unreasonable performance he was denied his fundamental right to confront a witness through cross-examination. Petitioner refers to cross-examination of ten of the State’s rebuttal witnesses: five individuals who sold Petitioner weapons or ammunition, three law enforcement officers, and two courthouse employees. 'Petitioner contends the first five should have been cross-examined concerning their obligations and responsibilities under federal law regarding sales to unstable persons. The final five should have been questioned regarding bias arising from their occupations and possible repercussions from colleagues. The confrontation clause of the Sixth Amendment guarantees that every criminal defendant has the right to confront witnesses against him. Davis v. Alaska, 415 U.S. 308, 315, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974). Because the Confrontation Clause of the Sixth Amendment has been incorporated in the Fourteenth Amendment, courts must apply its dictates equally to state criminal proceedings. Pointer v. State of Tex., 380 U.S. 400, 403, 85 S.Ct. 1065, 13 L.Ed.2d 923 (1965). The opportunity to conduct reasonable cross-examination is of primary interest in this Sixth Amendment right. See U.S. v. Calle, 822 F.2d 1016, 1020 (11th Cir.1987); Haber v. Wainwright, 756 F.2d 1520, 1522 (11th Cir.1985). The United States Supreme Court has observed “the Confrontation Clause guarantees an opportunity for effective cross-examination, not cross-examination that is effective in whatever way, and to whatever extent, the defense might wish.” Delaware v. Fensterer, 474 U.S. 15, 20, 106 S.Ct. 292, 88 L.Ed.2d 15 (1985) (per curiam) (emphasis in original). Provided that the opportunity for cross-examination as required by the Sixth Amendment has been satisfied, the trial judge’s discretionary authority comes into play. Haber, 756 F.2d at 1523 (quoting U.S. v. Kopituk, 690 F.2d 1289, 1337 (11th Cir.1982), cert. denied, 463 U.S. 1209, 103 S.Ct. 3542, 77 L.Ed.2d 1391 (1983)). In particular, the Eleventh Circuit Court of Appeals has stated that cross-examination may be limited, without violating the defendant’s Sixth Amendment rights, under the following circumstances: (1) the jury, through the cross-examination permitted, was exposed to facts sufficient for it to draw inferences relating to the reliability of the witness; and, (2) the cross-examination conducted by defense counsel enabled him to make a record from which he could argue why the witness might have been biased. Calle, 822 F.2d at 1020 (quotation omitted). • In this case, the trial record reveals that the trial court in no way impeded or limited defense counsel’s opportunities to show possible bias and demonstrate various reasons for the jury to question the credibility of the witnesses. Counsel took advantage of these opportunities. Petitioner’s counsel elicited from the witnesses not only possible weaknesses in their assessment of Petitioner’s sanity, but also utilized the testimony of several of the witnesses to further the defense’s theory. In sum, the jury was made aware of potential flaws in the witnesses’ testimony. Therefore, the cross-examination was sufficient to expose the relevant facts from which the jury could draw inferences and evaluate the credibility of the witnesses. Defense counsel was able to make a record from which to argue that the testimony was unreliable. See U.S. v. Brown, 634 F.2d 819, 825 (5th Cir.1981) (“[w]hether the defendant’s Sixth Amendment rights have been violated depends ... not only on the use to which the excluded testimony could have been put, but also on the alternative means open to the defendant to impeach the credibility of the witness.”). The Court finds that there was no Sixth Amendment violation. See U.S. v. Williams, 837 F.2d 1009, 1015 (11th Cir.), cert. denied, 488 U.S. 965, 109 S.Ct. 490, 102 L.Ed.2d 527 (1988) (“trial judges retain wide latitude to impose reasonable restrictions on Cross-examination to prevent interrogation that is confusing, repetitive, or marginally relevant.”). Counsel was- allowed extensive cross-examination of the witnesses, and the State’s objections and the trial court’s rulings with regard to the objections were proper. Moreover, there has been no proffer of what additional impeachment value there would have been in further cross-examination. Petitioner’s counsel was, in any event, free to seek other avenues of cross-examination. Claim TV Petitioner states that trial counsel ineffectively and-prejudicially allowed patently irrelevant and inadmissible testimony to be introduced at Mr. Provenzano’s trial in violation of his .constitutional rights. Specifically, Petitioner argues that it was error for his trial counsel to elicit the testimony from two defense experts regarding Petitioner’s prognosis and future potential for dangerousness. The defense called Dr. Lyons to testify as to Petitioner’s sanity at the time of the offense. Dr. Lyons testified, in pertinent part, as to Petitioner’s prognosis: Q. Do you have an opinion to á reasonable medical certainty as to whether or not up to and including the episode, and for now, of January the 10th, of 1984, Thomas Provenzano was suffering from the mental disease of paianoia? A. I think he was at that time. I think he probably has been suffering from it off and on. Q. As part of your mental— A. (Interposing) For several years, at least the last two, it has become more noticeable. Q. Did your mental processes include a prognosis as to his future and the possibility or probability of effective treatment? A. I think effective treatment would be almost impossible to come by considering the system to which he would probably be put in. (R. 1471-72.) Defense counsel next called Dr. Pollack to testify as to Petitioner’s sanity. During his testimony Dr. Pollack also expressed his opinion regarding whether Petitioner was dangerous: Q. Is Mr. Provenzano a dangerous person? A. I believe you have to look at, number one, the illness, and whether or not it’s reversible and controllable, and number two, look at the pattern of behavior it generates. The nature of this illness is one that has led him to a point of, taking another individual’s life. This was done with a rather violent tone to it. He does not perceive this as being wrong. He does not perceive this as necessitating any specific consequence. He was adhering to a belief system which he probably still adheres to. This is not an illness which is amenable to easy treatment. It’s not, not an illness to psycho-pharmacological treatment. Current modalities of rotare is unsuccessful. If you look at it from the criteria of dangerousness, several studies on that, an individual who has done these types of offenses, who continues to believe in them, who has no remorse about them, will most probably do it again. This then makes him, I believe, an extremely dangerous individual who most probably would perform a similar act given other circumstances that he would perceive similarly. Q. Because of his illness? A. Yes, sir. Q. His illness is so severe that that’s the way you can predict or you would at least prognose that he may be? A. Yes, sir. (R. 1542-43.) Petitioner contends that this testimony was irrelevant, inadmissible, and diverted the jury’s attention from the issue of Petitioner’s sanity at the time of the offense. Having elicited the testimony, Petitioner argues that his trial counsel rendered ineffective assistance which was so prejudicial that he was denied a fair trial. Petitioner relies upon two cases from Alabama and Tennessee to support his contention. In the Alabama death penalty case, Ex parte State, 486 So.2d 476 (Ala.1985), the defendant also relied on an insanity defense. During the guilt portion of the trial, the prosecutor elicited testimony from the defendant’s expert on cross-examination to the effect that the defendant experienced psychotic episodes during which he was capable of shooting someone again. Id. at 477-78. The Alabama court determined that permitting the prosecutor to elicit this type of testimony was unfairly prejudicial to the defendant. Thus, the case was remanded for a new trial. Id. at 479. In reaching its conclusion, the Alabama court relied upon the Tennessee case argued by Petitioner. State v. Barksdale, 590 S.W.2d 931 (Tenn.1979). The Tennessee prosecutor, during cross-examination, specifically asked the defense’s expert on mental disease, whether he could “assure us that he won’t go out this afternoon and do it again?” The expert stated that without treatment the odds were that the defendant would repeat the behavior. The prosecutor then inquired if the treatment was on an outpatient basis allowing the defendant to “walk the streets.” The expert answered affirmatively. Id. at 932. The Tennessee court found the admission of such testimony to be reversible error and remanded the case for a new trial. Id. The final case cited by the Petitioner is inapposite. In Teffeteller v. State, 439 So.2d 840 (Fla.1983), cert. denied, 465 U.S. 1074, 104 S.Ct. 1430, 79 L.Ed.2d 754 (1984), the prosecutor argued forcefully and at length during the penalty phase closing argument that unless subjected to the death penalty the defendant would kill again. The Florida Supreme Court found the trial court committed reversible error when it denied defendant’s motion for mistrial after the prosecutor’s argument. Id. at 844-45. Petitioner now claims that his trial counsel’s performance was not objectively reasonable because he elicited testimony regarding his prognosis and future potential for dangerousness. However, in order to understand the value of the challenged testimony, the Court cannot consider the testimony in a vacuum; rather, the Court must evaluate the entire context of the experts’ testimony. Petitioner’s trial counsel vigorously asserted an insanity defense. To that end, his experts testified that he suffered from the mental disease of paranoia that rendered him insane under the Florida standard (R. 1445-59, 1471-72, 1532-34, 1536-37.) On the other hand, the State’s experts contended that Petitioner merely suffered from paranoid personality traits which did not affect his ability to distinguish right from wrong. (R. 1687-90, 1752-54, 1773, 1813-17.) Defense counsel elicited testimony from his experts regarding the difference between paranoia and a paranoid personality (R. 1465-68, 1521-22.) One of the distinctions centered on the progressive nature of the ailment — paranoia escalates, but paranoid personalities remain static (R. 1467-68). In addition, the defense experts testified concerning Petitioner’s homosexual concerns and sense of fear arising from a perceived threat of being touched by another man. This manifestation of paranoia was offered as a triggering factor for the shooting incident. Essentially, the expert explained that the threat of being physically searched triggered an uncontrollable reaction that resulted in Petitioner shooting the uniformed individuals, based on a perceived need to defend himself. (R. 1461-62, 1537-38, 1540-42.) Dr. Lyons’ testimony concerning Petitioner’s prognosis merely explained the diagnosis of paranoia versus paranoid traits or personality. In assessing effectiveness of treatment, Dr. Lyons referred to “the system to which he would probably be put in.” This merely emphasized the defense’s theme of paranoia centered around law enforcement. Taken in context, the testimony offered by defense counsel was not objectively unreasonable. Similarly, Dr. Pollack’s testimony regarding the “dangerousness” of Petitioner was not objectively unreasonable. Again, defense counsel merely emphasized the role of Petitioner’s paranoia in setting off the chain reaction. The testimony was qualified as an assessment of whether Petitioner would commit a “similar act given other circumstances that he would perceive similarly.” These statements, taken in context, do not compare to the circumstances set forth in the Alabama arid Tennessee cases relied upon by Petitioner. This Court caiinot conclude that trial counsel performed unreasonably in eliciting the challenged testimony. Moreover, there is no indication that any' alleged error prejudiced Petitioner. • The testimony only served to underscore the severity of the alleged mental condition and the defense’s theory that Petitioner was insane at the time of the incident. Upon the facts before this Court, it cannot be said that the jury’s focus was impermissibly shifted or that the trial was rendered fundamentally unfair. Claim V Petitioner next contends that trial counsel was ineffective for failing to object to improper jury instructions regarding his insanity defense and for fairing ,to propose correct instructions. The instructions given by the trial court were the standard jury instructions at the time: An issue in this. case is whether the defendant .was legally insane when the crime allegedly was committed. You must assume he was sane unless the evidence causes you to have a reasonable doubt about his sanity. If the defendant was. legally insane, he is not guilty. To find him legally insane, these three elements must be shown to the point you have reasonable doubt about his sanity: 1. The defendant had a mental infirmity, defect, or disease. 2. This condition caused the defendant to lose his ability to understand or reason accurately, and 3. Because of the loss of these abilities, the defendant:' a. Did not know what he was doing, or b. Did not know what would result from his actions, or c. Did not know it was wrong, although he knew what he was doing and its consequences. In determining the issue of insanity, you may consider the testimony of expert and non-expert witnesses. The question you must answer is not whether the defendant is legally insane today, or has always been legally insane, but simply if the defendant was legally insane at the time the crime allegedly was committed. (R. 3298.) While Petitioner’s appeal was pending, the Florida Supreme Court found this instruction to be erroneous. Yohn v. State, 476 So.2d 128 (Fla.1985). The Yohn court found that, because the standard instruction did not address the burden of proof regarding an insanity defense, the jury was not charged completely and accurately. Id. at 127-28. Thus, Petitioner argues that his trial counsel was ineffective for not objecting to the instruction or proposing an accurate instruction. Any ineffective of assistance of counsel inquiry begins with “a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Strickland, 466 U.S. at 689, 104 S.Ct. 2052. Review of counsel’s performance must be gauged from his perspective at trial, without the distorting effects of hindsight. Id.; Waters v. Thomas, 46 F.3d 1506, 1514 (11th Cir.), cert. denied, 516 U.S. 856, 116 S.Ct. 160, 133 L.Ed.2d 103 (1995). At the time of Petitioner’s trial, the standard jury instruction was widely used and the Yohn case had not yet been decided. Counsel is not required to anticipate successful challenges to the law. As the Eleventh Circuit Court of Appeals has stated, “the test for ineffectiveness is not whether counsel could have done more; perfection is not required.” Waters, 46 F.3d at 1518. Counsel’s performance adhered to the constitutional level of objective reasonableness. Furthermore, Petitioner has not and cannot demonstrate prejudice on this issue. This Court agrees with the Florida Supreme Court’s determination that, although erroneous, the instruction “was not so flawed as to deprive a defendant claiming insanity of a fair trial.” Provenzano, 561 So.2d at 545. This conclusion is bolstered by a review of the record. Through voir dire, opening arguments, and closing arguments, the jury was repeatedly made aware of the fact that the State had to prove that Petitioner was sane. (R. 230-31, 278, 353, 477-78, 1907, 1923, 1963-64.) The result of the trial was not rendered unfair or unreliable; thus, Petitioner has failed to satisfy the prejudice prong of the Strickland test. Claim VI Petitioner avers that the State withheld material and exculpatory evidence in violation of his constitutional rights and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). According to Petitioner, the State failed to disclose a psychiatric report prepared by Dr. Joy Abraham; Petitioner’s “jail records” during the time of Petitioner’s “pretrial incarceration”; and the notes of Dr. J. Lloyd Wilder, who testified at trial on behalf of the State. On the appeal of the denial of Petitioner’s first motion for post-conviction relief, the Supreme Court of Florida affirmed the denial, but required the state attorney to disclose to Petitioner’s counsel “those portions of his file covered by chapter 119_” Provenzano, 561 So.2d at 549. Petitioner was then allowed sixty days from the disclosure to file a new motion for post-conviction relief predicated on any claims under Brady arising from the disclosure of such files. Petitioner then filed a new motion for post-conviction relief with the state trial court raising the instant claim. The trial court determined as follows: 1) the defense was well aware of Dr. Joy Abraham’s report as well as all of Petitioner’s medical records concerning his stay at the Orlando Regional Medical Center following the shootings, and these records were given to the mental health experts; 2) Petitioner’s jail records were equally accessible to the defense; and 3) Dr. Wilder testified at trial that he took notes while interviewing Petitioner and used those notes while testifying; thus, even if counsel did not have those notes, counsel could have objected to or asked to see the notes. The Supreme Court of Florida affirmed the denial. See Provenzano v. State, 616 So.2d 428 (Fla.1993). The Eleventh Circuit has determined that in order to establish a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), the petitioner must demonstrate the following: (1) that the Government possessed evidence favorable to the defendant (including impeachment evidence); (2) that the defendant does not possess the evidence nor could he obtain it himself with any reasonable diligence; (3) that the prosecution suppressed the favorable evidence; and (4) that had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the proceedings would have been different. U.S. v. Meros, 866 F.2d 1304, 1308 (11th Cir.), cert. denied, 493 U.S. 932, 110 S.Ct. 322, 107 L.Ed.2d 312 (1989). For purposes under Brady, evidence is material “only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” U.S. v. Stewart, 820 F.2d 370, 374 (11th Cir.1987) (quotation omitted). “The mere possibility that an item of undisclosed information might have helped the defense, or might have affected the outcome of the trial, does not establish ‘materiality’ in the constitutional sense.” U.S. v. Agurs, 427 U.S. 97, 109-110, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976). Further, “Brady does not require the government to turn over information which, with any reasonable diligence, the defendant can obtain himself.” Jarrell v. Balkcom, 735 F.2d 1242, 1258 (11th Cir.1984), cert. denied, 471 U.S. 1103, 105 S.Ct. 2331, 85 L.Ed.2d 848 (1985) (quotation omitted). The Court finds that this claim is without merit. The information allegedly suppressed by the State either was in possession of the defense or could have been obtained from sources other than the State. Petitioner has completely failed to demonstrate that the State suppressed this evidence. See U.S. v. Crawford, 906 F.2d 1531, 1537 (11th Cir.1990) (the petitioner and “defense counsel were in as good a position as the prosecutor to learn more about the [evidence].”). Petitioner’s first attorney, Steven G. Hor-neffer, was obviously aware of Dr. Abraham’s psychiatric report because, two days after the shooting, he filed a Motion for Controlled Access to Defendant’s Medical Reports, which was granted. (R. 2704, 2724.) The motion requested that the court seal the records of Dr. Abraham’s interview to everyone except Petitioner, his attorneys, and any medical experts appointed by the court. Although Mr. Horneffer was replaced by another attorney, the subsequent attorney either had or could have obtained Dr. Abraham’s report. Further, Dr. Robert Pollack testified in his deposition that he had reviewed medical records from the Orlando Regional Medical Center, which included a consultation report by Dr. Abraham. (R. 2619.) Therefore, Petitioner either had the report or could have obtained the report, and there was no Brady violation. Petitioner’s jail records could have been obtained from jail officials if his counsel had desired to do so. In fact, Petitioner’s counsel moved for the production of jail records concerning visitor attendance, which was granted. (R. 2963-64, 2971.) Thus, Petitioner had access to the jail records, and there was no Brady violation. Likewise, there was no Brady violation with regard to Dr. Wilder’s notes. Dr. Wilder testified at trial that he took notes while interviewing Petitioner, and Dr. Wilder used those notes while testifying. (R. 1809-10.) If Petitioner’s counsel sought to review the notes, he merely needed to ask to see them at that time. The Court also concludes that, even if the evidence discussed above was wrongfully withheld and had been revealed, Petitioner has not demonstrated that the outcome of the proceedings would have been different. Additionally, the Court rejects Petitioner’s argument that counsel was ineffective for failing to discover the above information or to present it to the jury.. As to Dr. Abraham’s report, Petitioner is unable to show prejudice. Dr. Abraham interviewed Petitioner immediately following the shootings — when he was brought to the hospital to be treated for gunshot wounds. Dr. Abraham-concluded that Petitioner suffered from chronic paranoid psychosis. Nevertheless, since the jury found Petitioner to be sane and recommended a death sentence despite the testimony of two defense experts and one State expert that Petitioner had severe paranoid delusions, the introduction of another report discussing Petitioner’s paranoia would not have made a difference in this case. As to the jail records, these records provided a daily log of Petitioner’s behavior in jail while awaiting trial and indicated that Petitioner was calm and cooperative. The Court agrees with the Supreme Court of Florida: “This evidence contradicts the defense’s theory that Provenzano suffered from paranoid delusions about persecution from uniformed law enforcement officers, since obviously Provenzano was constantly confronted by uniformed officers in jail, yet he adjusted well.” Provenzano, 616 So.2d at 432. Thus, counsel’s performance was not deficient, and Petitioner has not shown prejudice with regard to this matter. Finally, Petitioner refers to Dr. Wilder’s notes and to his statement that “officers had afforded him the privacy that security would permit.” At trial, Dr. Wilder stated that Petitioner told him that he was “very angry” at a correctional officer who had looked at him in an improper manner while he was showering. (R. 1807-08.) The “other corrections officers ... had attended to the necessities of security, but they hadn’t stayed and stared at him naked.” (R. 1808.) The Court determines that Dr. Wilder’s notes would not have influenced the jury’s decision at either the guilt phase or the penalty phase. Thus, counsel’s performance was not deficient, and Petitioner has not shown prejudice with regard to this matter. Claim VII Petitioner avers that failures on the part of defense counsel and the mental health experts rendered the opinions of the experts professionally and constitutionally inadequate. Specifically, he alleges that defense counsel failed to investigate, develop and present the necessary collateral information and evidence to the court-appointed mental health experts. In fact, Petitioner contends that “significant and crucial background facts regarding mental, emotional, and psychological background were never sought out, reviewed, or considered.” Instead, Petitioner argues that “self-report from a deranged defendant formed the primary basis for diagnosis.” The claim is largely premised on a 1989 evaluation by Dr. Fleming, who diagnosed Petitioner as suffering from paranoid psychosis both during the shooting and at the time of the trial. Both the state trial court and the Florida Supreme Court rejected Petitioner’s claim. Provenzano v. Dugger, 561 So.2d 541, 546 (Fla.1990). The state supreme court found the diagnosis duplicated that of the defense’s trial experts and that “[t]he mere fact that Provenzano has now secured an expert who might have offered more favorable testimony is an insufficient basis for relief.” Id. Petitioner’s arguments concerning investigation, development, and presentation of collateral and background information simply are not supported by the record. Counsel garnered a plethora of information and provided it to the mental health experts: Dr. Pollack testified to the following: a. He examined Petitioner twice. Before the first interview he intentionally avoided reviewing any information. (R. 2615-17.) b. After his initial interview he requested as much information as he could from defense counsel. He received quite a bit of information, including police offense reports and investigative reports. (R. 1530-31.) In fact, he continued to receive information for quite some time. (R. 1531-32.) c. He reviewed newspaper articles, investigative report (including fifty to sixty pages of witness interviews), and medical records (including Dr. Abraham’s report which was rendered shortly af- ' ter the shooting). (R. 2617-19.) d. After writing his report, he received twenty-three more witness statements which reinforced his conclusions. (R. 2619-20.) e. He talked to jail officials about Petitioner’s behavior. (R. 1555.) Dr. Lyons testified to the following: a. Before examining Petitioner he was given various court documents; police reports; investigative reports; the statement of Kimberly Duff; the Internal Affairs report regarding Petitioner’s complaint of excessive force during arrest; Petitioner’s employment history; statements of Janice Limpkey and Mary T. O’Brian; a summary of Petitioner’s military record; reports of Drs. Pollack, Kirkland, Gut-man (two reports), Callahan, and Wilder; Orlando Regional Medical Center • progressive reports following the shooting;. and a summary of Dr. Mar-ra’s reports. (R. 1440-42, 1671-72.) b. Prior to the examination, he was provided with information concerning the time Petitioner signed an application “Jesus Christ.” (R. 2683-84.) c. He was aware of Petitioner’s interest in both Theresa Chambers and Susan Assad. (R. 1462-63.) d. Petitioner informed him of childhood problems, particularly relating