Doctors say Dailey was temporarily insane night of attacks

Originally Posted Online: Dec. 06, 2012, 7:57 pm
Last Updated: Dec. 07, 2012, 6:40 am
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By Rachel Warmke,

Doctors testifying Thursday for Dustin J. Dailey said he was temporarily insane the night he sexually assaulted a 78-year-old woman and attacked a couple.

Mr. Dailey, 27, of Rock Island,has been charged with one count of home invasion and two counts of aggravated criminal sexual assault. He has testified that on July 27, 2011, he smoked marijuana with Tyson Smith at his sister's Rock Island apartment and at a friend's Bettendorf apartment.

Mr. Dailey testified Wednesday that he suffered from hallucinations and visions the night he stripped off his clothes, broken into a home in the 3200 block of 26th Street of Rock Island and sexually assaulted an elderly woman.

He then fled to a nearby home and wrestled with a male resident before police arrested him and took him to the hospital for injuries he incurred that night.

Testimony on Thursday -- the third day of Mr. Dailey's bench trial in Rock Island County Circuit Court -- included emergency room doctor Mark Buettner who said Mr. Dailey appeared "wildly psychotic" when he was brought to Trinity West Hospital early on July 28, 2011.

Mr. Dailey was feverish, seemed to be in an impaired mental state and had a racing heartbeat, high blood pressure and a limited ability to interact with others -- all indicative of stimulants, Dr. Buettner said. He noted a person high on stimulants often display varying degrees of behavior and psychosis, such as appearing euphoric or less inhibited one instance and psychotic later on.

Dr. Buettner said Mr. Dailey likely was under the influence of PCP or synthetic bath salts. He said people on PCP have been known to remove their clothing after feeling feverish or exerting a great amount of energy.

Marijuana was found in Mr. Dailey's system. Dr. Buettner said the hospital did not test for PCP and did not have the means to test for synthetic drugs.

Dr. Kurt Witherspoon, a clinical psychologist from Moline, testified he believed Mr. Dailey "suffered from a temporary, psychotic condition" on July 27, 2011, and did not have the mental capacity to knowingly commit a crime. He said Mr. Dailey, during an interview Saturday, appeared rational and contrite over what happened.

The doctors' testimony was expected to conclude trial witnesses Thursday. But Judge Walter Braud ordered Mr. Smith back to the witness stand Friday after an audio recording of a 2011 police interview revealed a number of statements by Mr. Smith that appeared inconsistent with his trial testimony.

"I can't stomach this degree of perjury," Judge Braud said after hearing the tape. He halted the trial and ordered the defense attorney to bring Mr. Smith into court Friday morning to explain contradictory statements.

In testimony Wednesday, Mr. Smith said he could recall little of July 27, 2011, or if Mr. Dailey consumed additional drugs besides what was smoked at his sister's apartment. He also said he could not recall the 2011 police interview.

The audio tape of that interview, however, included Mr. Smith telling police he would never forget what had happened.

"The whole night is burned in my memory," Mr. Smith was heard telling police.

In the interview, Mr. Smith told police he thought Mr. Dailey had smoked additional drugs July 27, 2011, when they were in Bettendorf. Mr. Smith also told police he smelled PCP and cocaine burning in the house when they arrived and he believed the host and Mr. Dailey smoked a marijuana cigarette, possibly laced with a drug, in the bathroom.

Mr. Smith also said he noticed several previously full pill bottles were empty when the men returned to the Rock Island apartment. Mr. Smith expressed concern that Mr. Dailey's sister, Ashley Kuster, may have attempted suicide.

Mr. Dailey had a "nervous breakdown" at the news, Mr. Smith said in the interview, stripping off his clothes and fleeing the apartment.

Ms. Kuster testified this week that she was not suicidal that night and was in no danger.

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