Important note: Information in this article was accurate in 2006. The state of the art may have changed since the publication date.
Miami Herald - December 12, 2006
Wanda J. DeMarzo, wdemarzo@MiamiHerald.com
Kenneth Wilk, 45, suffers from advanced AIDS and could face the death penalty if convicted in the Aug. 19, 2004, fatal shooting of Deputy Todd Fatta and for the attempted murder of Deputy Angelo Cedeno. Wilk, prosecutors say, ambushed the deputies as they attempted to serve a search warrant at Wilk's home. Cedeno was shot in the left hand and the shoulder and lost a finger in the attack.
"I think the documents speak for themselves, and other than that, I really can't comment because of the upcoming trial," said Wilk's attorney, William Matthewman.
Documents filed Monday by Wilk's lawyers show that they plan to argue that Wilk had diminished mental capacity at the time of the shooting and did not intend to kill. Wilk was responding to possible aggression from Fatta, who had been using anabolic steroids, according to the autopsy results.
Wilk's lawyers plan to use testimony from at least two expert witnesses who will state that Wilk suffered from AIDS-related dementia that impaired his judgment. One of the experts said that Wilk may have thought he was acting in self-defense when he opened fire on the federal task force entering his home.
Another expert is expected to testify on the effects anabolic steroid use have on the body and mind.
"Dr. [Harrison G.] Pope is a professor of psychiatry at Harvard Medical School and an expert in anabolic steroid use and abuse. Dr. Pope's expertise will involve issues raised by the presence of anabolic steroids in the victim, Todd M. Fatta, and the effects, including aggressive behavior, by steroid users, as well as risk factors of steroid use, the toxicology report relating to Mr. Fatta and other matters related to steroid use and abuse," court documents state. Steroids are illegal unless prescribed.
Prosecutors informed Wilk's lawyers that Fatta was listed as being someone who purchased steroids without a prescription from a Deerfield Beach company, Powermedica.
Powermedica customers included law enforcement officers from throughout South Florida, including several BSO deputies who were later cleared of wrongdoing.
Defense attorneys have asked for prosecutors to turn over everything they have regarding Fatta's use of steroids and any other drugs Fatta may have been using.
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