CHICAGO (STMW) -- In a rare move, a Cook County jury will decide if an alleged cop killer is fit to stand trial in the murder of Chicago Police Officer Thomas Wortham IV.
Marcus Floyd, who was shot and severely wounded during the deadly incident, maintains he has "retrograde amnesia" and cannot recall the chain of events that sent him to the emergency room on May 19, 2010.
But prosecutors argued Tuesday that Floyd, 24, can assist in his defense and should stand trial.
"It doesn't matter if he has it [amnesia] or not. … He can logically and rationally talk about the charges with his lawyers. He can logically and rationally talk about evidence," Assistant State's Attorney Mike Deno said in his opening arguments.
"This is not a catatonic individual."
Floyd's attorneys are asking jurors to find Floyd unfit for trial.
Floyd may have recovered from his injuries but he cannot recall even being outside Wortham's parents' home at 85th Street and Martin Luther King Drive, they said.
The last thing Floyd remembered before he woke up in the hospital was watching television with his girlfriend at home while his daughter played with toys nearby, according to court testimony.
"He can't assist in his defense because he doesn't know what the defense is," defense attorney David McMahon said.
In most cases, a judge determines whether a defendant is fit for trial. But defense attorney opted for a six person jury and two alternate jurors to weigh in on Floyd's legal fate.
The prosecution's first witness, forensic psychiatrist Mathew Markos, said Floyd told him he doesn't remember anything from the night in question.
Floyd only knew that he was shot and that his cousin and an officer were killed because he was told, Markos said.
Floyd also was told he had a gun at the time, but he denied having a weapon, Markos said.
Markos said Floyd didn't exhibit any cognitive problems the two times he examined him. In fact, Floyd can recollect minute details about his life before and after the incident, the mental health expert said.
"He has very good capacity to learn and retain information," Markos said.
Markos said Floyd is "presently, mentally fit to stand trial."
"Amnesia per se doesn't mean the person is unfit," Markos added.
During cross examination, Markos conceded "assuming he does not remember," Floyd would "not be able to provide his version" of what happened.
Floyd and his cousin Brian Floyd accosted Wortham with their guns drawn that spring, hoping to steal the officer's Yamaha motorcycle, prosecutors said.
When he was confronted, Wortham pulled out his gun and shouted he was a police officer before gunfire erupted.
Having heard the commotion, Wortham's father, a retired Chicago Police sergeant, ended up firing on the Floyds with his revolver and his son's service weapon.
Brian Floyd, 20, died in the shootout.
Marcus Floyd had a lacerated liver, kidney and lungs. He also suffered two heart attacks and lost four liters of blood while hospitalized.
The lookouts in the shooting — Paris McGee and Toyious Taylor — are currently serving life sentences for Wortham's murder.
(Source: Sun-Times Media Wire © Chicago Sun-Times 2015. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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