Murder suspect mildly retarded, witness says

A forensic psychiatrist testifies that Rose M. Boyd-Tolver, charged in the death of 12-year-old Amira Brown, did not intend to kill the victim

Holly Herman

Reading Eagle

Nov. 16--Murder defendant Rose M. Boyd-Tolver, charged with beating a 12-year-old girl with a mop before sitting on her, suffers from mild mental retardation, according to testimony Wednesday in Berks County Court.

Dr. Larry A. Rotenberg, a Reading Hospital forensic psychiatrist, was called by the defense to bolster the theory that Boyd-Tolver, who now weighs about 260 pounds, lacks the mental capacity to commit firstdegree murder.

Prosecutors said earlier that the defendant had weighed about 280 pounds at the time of the killing.

Boyd-Tolver, 41, of the 700 block of McKnight Street is accused of beating Amira Brown on Sept. 4, 2005, in the girl's Reading home.

"Because of her limited intelligence she did not have the intent to kill Amira," Rotenberg said. "She viewed her relationship with Amira as two peers on a schoolyard."

Boyd-Tolver's attorney, Assistant Public Defender Craig S. Snyder, told the jury in his opening statement that Boyd-Tolver should be convicted of third-degree murder because she is unable to plan a murder as required for first-degree murder.

First-degree murder carries a mandatory sentence of life in prison. Third-degree murder carries a maximum penalty of 20 to 40 years.

The trial will resume Friday when District Attorney Mark C. Baldwin plans to call Dr. Timothy J. Michals, a Philadelphia forensic psychiatrist, to refute Rotenberg's opinion.

Earlier Wednesday, Dr. Saralee Funke, a Lehigh County forensic pathologist, testified Boyd-Tolver hit the child at least 80 times before she sat on Brown.

Funke testified Brown's death was ruled a homicide. She said Brown died as a result of Boyd-Tolver sitting on the child and beating her with an object, such as a mop.

Boyd-Tolver was baby-sitting Brown, who was under the care of Barbara Martin, a foster parent with Pennsylvania Mentor, Wescosville, Lehigh County, witnesses testified.

Rotenberg said he interviewed Boyd-Tolver about a half-dozen times and evaluated her several times.

He said Boyd-Tolver has the mentality of a 5-year-old and a history of alcohol abuse.

Under cross-examination by Baldwin, Rotenberg said Brown is mentally competent for court and does not have a brain tumor.

Rotenberg also acknowledged Boyd-Tolver lied to police several times in her statements about the slaying.

Police said Boyd-Tolver left the scene of the beating and returned five minutes later to make sure Brown was dead.

Baldwin asked if those actions show Boyd-Tolver intended to kill Brown.

Rotenberg said Boyd-Tolver is so simple-minded that she did not think she did anything wrong after she beat Brown.

"Isn't that consistent with someone trying to cover a heinous crime?" Baldwin asked.

"No," Rotenberg said.

Before the prosecution rested, Baldwin showed jurors a PowerPoint presentation of photographs taken during the autopsy on Brown.

Boyd-Tolver sat at the defense table, looking down during the presentation of the autopsy photographs.