for food, heat, medical care and other necessaries adversely affected
petitioner’s intellectual development.
5. Possible traumatic brain injury: Petitioner has an “easily visible scar”
located above his right eyebrow that he reports he received while boxing.
Id. at ¶ 22. Dr. Vartkessian also noted petitioner’s inability to focus, loss of
words, and losing track in a conversation. Id. at ¶¶ 25, 27. The presence of
the scar on his face/head, reported history of boxing and inability to
focus/communicate are all red flags for a possible brain injury. Intellectual
disability can be caused by a brain injury. Further investigation is needed to
determine whether petitioner has a brain injury which caused or is co-
occurring with intellectual disability.
6. History of family mental illness: Petitioner’s family reports that his older
brother is mentally ill, id. at ¶ 28, and Dr. Vartkessian, based upon her
training and experience, noted that petitioner’s mother displayed signs of
mental illness, id. at ¶ 47. Because genetic factors are involved in mental
illness, when one family member is affected, other close relatives may be at
increased risk. See Harper’s Practical Genetic Counseling, 6
th
ed., 2004.
For example, there is a 2-3% risk that a person in general population has
bipolar disorder, but if one parent has bipolar disorder, a child’s risk is 15%.
If a parent and sibling have bipolar disorder, the risk is 20%. Id. Thus, an
adequate mitigation investigation into petitioner’s co-occurring mental
disorders which affects his intellectual functioning and his adaptive
functioning requires an investigator to obtain medical records of first and
second degree relatives at a minimum. Ms. Vartkessian was informed by
Mr. Lee’s mother that no mitigation investigator had ever met with
petitioner’s mother, no one had asked her about her family history, or asked
her to sign a release to obtain her medical records.
4
Vartkessian Decl. ¶ 48.
7. Miscellaneous: Other preliminary facts require further investigation. The
family lived adjacent to a large drainage pipe exposing them to sewage and
other waste presents the possibility of environmental toxins which could
affect brain and intellectual development. Id. at ¶ 34. Also, the absence of
petitioner’s mother and lack of care for petitioner raises issues of possible
Reactive Attachment Disorder (RAD). RAD “significantly impairs young
4
A recent phone interview with Ms. Croy indicates that she may have met with Mr. Lee’s
mother, but in this conversation Ms. Croy merely indicated that she remembered her as being
nice. She did not convey the substance of their conversations.
39