Michael Welner

Welner was a key contributor a range of proposals within landmark mental health reform legislation that passed the United States Congress in 2016. He testified to lawmakers on multiple occasions prior to the bill's eventual passage. Apart from advocating various ideas to expand crisis mental health services and to attract talent to treat the underserved, Welner also argued for the reform of commitment law, and reform of HIPAA, as a means to prevent both suicide and homicide outcomes. Welner was under serious consideration by the Trump Administration as Assistant Secretary of Mental Health in the Department of Health and Human Services, a position created to direct mental health and substance abuse policy in the United States.

The case proceeded to trial in 2015. Eleven jurors voted guilty, with one holdout juror remaining after nearly three weeks of deliberation. Dr. Welner testified for prosecutors at the original trial and then at the retrial, in which a jury unanimously rendered a guilty verdict to Hernandez in early 2017. Among other points, Welner told jurors it was possible Hernandez tried to minimize the damage he'd done even though he confessed. "It is not remarkable at all for a person to recall a sequence of events and to portray it in a way that is as unremarkable as possible, scrubbing away details … (creating a) much more detached relationship between that person and a victim."

Subsequent evaluations in a state hospital, with which Mitchell did not cooperate, deemed Mitchell to be unchanged – and therefore incompetent. Three years passed, and the case was contemplated for dismissal in state court when federal prosecutors asked Dr. Welner to study the matter to a definitive end. He filed a 206-page report detailing extensive new information uncovered in his evaluation, and testified to his conclusions that Mitchell was competent. At a 2010 hearing, Justice Dale Kimball ruled Mitchell was competent to proceed.

The Depravity Standard is an inventory of evidence relating to the different stages of a crime – before, during, and after. The Depravity Scale, an internet-based series of surveys and a component of the Depravity Standard research, has established public consensus for what aspects of a crime are most heinous. The Depravity Standard, informed in part by this data, by higher court decisions, and by evidence from adjudicated cases, is not a psychological evaluation or test. Rather, it is an inventory to guide inexperienced jurors on what qualities of a crime may distinguish its severity if they believe them to be present.

The Depravity Standard research has inspired Dr. Welner's research into the CIEEO (Clinical Inventory of the Everyday Extreme and Outrageous), a 14-item inventory of non-criminal everyday evil reflecting a range of an actor's intent and effects on a victim. Unlike the Depravity Standard, the CIEEO is being developed to apply in clinical and screening settings to flag behaviors that warrant treatment or other intervention in order to prevent consequences at home, workplace, or community. The CIEEO is inspired by the goals of vigilance for child abuse – namely, detection and identification being the first step toward intervention and treatment of the worst of behaviors.

Prosecutors first involved Welner at the early stages after the arrest, before filing charges, to consider defense claims from several psychologists that Hernandez was mentally ill and intellectually disabled and falsely confessed. The defense presented multiple expert opinions in support of their claims that Hernandez was and that his confessions were unreliable. Welner interviewed Hernandez for sixteen hours, interviewed police, studied confessions he had made many years earlier to a prayer group and to a fiancée, as well as to an acquaintance, and the more recent confessions he made to police interrogators in 2012, medical staff, as well as Welner himself. Welner concluded that Hernandez confessed because he felt intense guilt and that the spontaneous, voluntary confessions Hernandez made decades earlier to a prayer group and his fiancée couldn't be attributed to a psychiatric condition.

In March 2011, Canadian Public Safety Minister Vic Toews wrote to U.S. Defense Secretary Leon Panetta, asserting that Canada would need to review the sealed tape of Welner's interview in order to consider repatriating Khadr. After reviewing the interviews, Canada repatriated Khadr on September 29, 2012 under heavy pressure from the United States government. However, Canada echoed Welner's previously stated concerns about the nature of Khadr's dangerousness and placed him in a maximum security facility. In October 2013, Khadr's prison transfer application, considered independently of Welner's involvement, was denied. Over the objections of the Canadian government of Prime Minister Stephen Harper, a judge released Khadr to the community in 2015.

Harvey Updyke, a fanatic of Alabama Crimson Tide football, was charged with poisoning the iconic trees at Auburn University's Toomer's Corner in 2011. Updyke's actions, which inspired an ESPN 30 for 30 documentary film, became a symbol of the intensity of the Alabama-Auburn football rivalry. At the same time, Updyke continued to exhibit bizarre behavior after his original arrest.

The case reflected on the forensic psychiatric significance of fans' response to emotional defeats, as evidenced by the Auburn defeat of Alabama in November 2010, and the social culture of spectator sports message boards. Prosecutors consulted Welner to review the Updyke history and appraise the boundaries of sports fanaticism vs. mental illness, assess his mental state and criminal responsibility. Updyke pleaded guilty prior to trial.

Brian David Mitchell, a self-proclaimed prophet, was charged along with his wife in connection with the 2002 kidnapping of Elizabeth Smart. In a case involving the complexities of determining religious zeal from psychosis, Mitchell had been found not competent to stand trial in 2005. Mitchell then began a consistent pattern of singing hymns in court and silence to forensic examiners.

Uyesugi pleaded not guilty by reason of insanity and claimed that he feared his colleagues were conspiring to have him fired. Welner testified for the prosecution that although Mr. Uyesugi was in his opinion a schizophrenic, "He knew what he was doing was wrong, and he simply did not care. The jury found him sane and guilty of seven murders and one attempted murder after only 75 minutes of deliberation. He received a sentence of life without chance of parole. In 2002, the State of Hawaii Supreme Court upheld Uyesugi's conviction.

Andrea Yates was prosecuted by the State of Texas for the murder of her five children. She claimed legal insanity as a defense at trial for the murder of three of her children. In 2002, Yates was convicted of murder, and sentenced her to life imprisonment. In 2005, the conviction was overturned because the prosecution witness, Park Dietz, falsely testified that Yates' behavior and defense was identical to an earlier episode of Law & Order. There was no such episode. In anticipation of the 2006 retrial for the drowning of her five children, prosecutors asked Welner to assess her diagnosis and Yates' appreciation of the wrong of killing her children at the time of the crime, the criteria for legal insanity. In the videotaped interview with Welner, Yates admitted that she had actually determined to kill the children two months earlier and at a time of relative stability, and was waiting for her first occasion to be alone with them. She knew she would otherwise be stopped. Welner diagnosed Yates with psychotic depression, but concluded that she elected to kill her children because she was overwhelmed, timed with the departure of her mother-in-law that left her as sole caregiver of her five children. Welner also discovered that Andrea Yates locked up the family dog, which was usually free to run around in the house, before drowning the children. Welner included this as one of 68 examples of Yates' appreciation of the wrong of killing her children at the time it happened.

Khadr, a fifteen-year-old Canadian expatriate living in Afghanistan, was charged with the killing of U.S. Army medic Christopher Speer at an al-Qaeda safe house in Khost. Khadr was captured by American forces on July 27, 2002 and held first in Bagram, Afghanistan and then at Guantanamo Bay detention camp. He was prosecuted through a U.S. military tribunal.

Welner is the youngest of four children. Both his parents were born in Poland and lost their families in the Holocaust. His father Nick was civil engineer; his mother Barbara, who dropped out of school as a wartime refugee, entered nursing school in Britain unable to speak English and finished as valedictorian, going on to specialize in gerontology. Dr. Welner lost both of his sisters in accidental deaths. Dr. Welner's oldest sister, Sandra Welner, M.D. was a Maryland-based gynecologist who fought through severe neurological disabilities suffered in a stroke to become internationally renowned for her medical research and advocacy for the medical care of the disabled before her untimely death in 2001.

Byran Uyesugi, a forty-year-old Xerox service technician, killed seven of his co-workers on November 2, 1999 in the worst mass murder case in the history of Hawaii. Uyesugi began working for Xerox in 1984. He began making unfounded accusations of harassment and product tampering against fellow repairmen, who had great difficulty placating his anger. Coworkers told Welner, who interviewed family, friends, neighbors, co-workers, and Uyesugi prior to trial, that as early as 1995, Uyesugi was openly speaking of carrying out a mass shooting at the workplace were he ever to be fired.

In the period leading up to the shooting, Xerox management increasingly committed to phasing out the copier that Uyesugi had been servicing. He resisted learning the new machine, fearing that he could not keep up with its technical demands. After working around his refusal to train on the new machine, Uyesugi's manager insisted on November 1, 1999 that he would begin training the next day. Instead, Uyesugi came to work the next day and shot his colleagues dead, narrowly missing an eighth victim, after calmly waiting by the water fountain, with "butterflies in his stomach," he later told Welner, as he contemplated the shooting before going through with it.

Damon Thibodeaux confessed in 1996 to raping and murdering a cousin, Crystal Champagne. He was tried, convicted, and sentenced to death. Although appeals upheld the verdict, defense attorneys raised numerous points to the Jefferson Parish District Attorney to argue that Thibodeaux was innocent. No DNA evidence was dispositive and no other perpetrator had been identified beyond speculation. Given the importance of Thibodeaux' confession to the evidence against Thibodeaux, District Attorney Paul Connick asked Welner to review the available evidence, the circumstances of the interrogation and the setting in which it occurred, as well as Thibodeaux' vulnerabilities, to inform their decision-making about the case. Dr. Welner also conducted a videotaped interview of Thibodeaux, in a case that featured considerable cooperation by prosecution and defense with his protocol. Welner concluded the confession was false because physical findings grossly contradicted Thibodeaux' statements. He issued a 53-page opinion addressing the causes and factors leading to the false confession. These included the defendant's profound guilt over the fate of his cousin, being confronted with his failed polygraph, and police convincing him that what Thibodeaux himself conceded were false statements in the interrogation clinched his guilt and made continuing denials hopeless. Informed of Dr. Welner's conclusions, the District Attorney moved to vacate the confession and Thibodeaux was released. The murder of Crystal Champagne remains under investigation.

In 1992 and 1993, Welner was a media coordinator and spokesperson for the Ross Perot presidential election campaign in New York and the citizen action organization United We Stand America, also in New York. During the 1992 election campaign, Welner debated in support of Perot against other candidates' representatives.

He has maintained a clinical practice since 1992, specializing in patients who have difficulty responding to treatment, and has been Board Certified in Psychiatry, Forensic Psychiatry, Psychopharmacology and Disaster Medicine. He is married to Orli Welner, a corporate attorney.

Michael Mark Welner, M.D., (born September 24, 1964, in Pittsburgh, Pennsylvania) is an American forensic psychiatrist and Chairman of The Forensic Panel. Welner is best known for his work in sensitive and complex litigation. He has acted as lead forensic psychiatric examiner in numerous criminal or court proceedings of national and international prominence, including precedent-setting trials and higher court decisions. Welner is also known for a number of innovations in forensic science, forensic psychiatry and justice, including protocols for prospective peer review in forensic medicine consultation, research to standardize an evidence-based distinction of the worst crimes, The Depravity Standard, and recommendations for upgrading forensic science assessment. He has been featured in network television news coverage of forensic psychiatry issues, has authored publications for professional and public audiences, and has contributed to emerging legislation on mental health reform.