Defense attorneys for Marcus Floyd, convicted in the 2010 killing of Chicago Police Officer Thomas Wortham, called three witnesses to the stand on Wednesday as Floyd's new fitness trial continues.
Floyd was convicted of Wortham’s murder in 2015 but says his wounds from the incident - in which Wortham's father fired back at the assailants, critically wounding Floyd and killing his cousin - left him with amnesia of the event.
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WATCH HEREThe Illinois Appellate Court later ruled that because mistakes were made in his original fitness hearing, Floyd had to be given a new one to determine if he was fit to stand trial back in August of 2015.
After calling one witness - a forensic psychologist - on Tuesday, prosecutors rested their case Wednesday.
Floyd's defense attorneys called three witnesses Wednesday: Dr. Ellen Omi, the surgeon at Advocate Christ Medical Center who treated Floyd after the shooting in 2010, Dr. Ender Akan, a neurologist, and Kenneth Paller, a psychology professor at Northwestern University.
The first two testified primarily about the extent of Floyd’s physical injuries: He lost 4 liters of blood. He suffered cardiac arrest. He was comatose for 12 days.
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But that’s not what’s at issue in the trial - only whether Floyd understood the case against him and was able to participate in his own defense.
Akan, who spoke to the amnesia, testified that Floyd has made a "remarkable recovery," adding, "He’s very lucky to be doing as well as he is right now."
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SIGN UP The courts have ruled that "amnesia of the alleged offense will not always render a defendant unfit to stand trial," the Appellate Court's opinion, citing the supreme court, reads.
Indeed, Judge Timothy Joyce reminded the courtroom Wednesday, "The issue isn’t whether he has amnesia, the issue is whether that impacts his ability to stand trial."
So why discuss Floyd's physical injuries at such length?
The fallen officer's sister Sandra Wortham said she thinks it's for the jury.
"Is it because you just want people to feel bad for Marcus?" she asked, speaking to the media outside the courtroom. "I think that’s a hard sell. Because Marcus is a murderer. And we know that."
