John Matthew Fabian testimony in the trial of Taymor Travon McIntyre AKA Tay-K https://en.wikipedia.org/wiki/Tay-K
54 min 20 sec https://www.youtube.com/live/sAagZBrNUyk?si=QZzBdNA8l2TYDFOR&t=3260 Judge is having Fabian remove multiple slides from his powerpoint because they were considered not demonstrative AKA showing affection
55 min 52 sec https://www.youtube.com/live/sAagZBrNUyk?si=0wspJvnO69SrQMzq&t=3352 Judge Stephanie Boyd of the 187th court says the slides being excluded are "risk factors specifically related to the defendant" at this point Judge Boyd swears in Fabian. Fabian says "I swear"
59 min 10 sec https://www.youtube.com/live/sAagZBrNUyk?si=3gll5wLvR0_0OWyT&t=3550 Fabian struggles to answer technical questions about his powerpoint testimony, stringing together word salads riddled with "ums" and "so" while shifting in his chair and smirking.
1 hour 13 min 53 sec https://www.youtube.com/live/sAagZBrNUyk?si=NNdlgDPeSseEVWIU&t=4433 Defence calls Fabian, who is testifying via zoom.
1 hour 14 min 20 sec https://www.youtube.com/live/sAagZBrNUyk?si=7OjTgrgcLelwrx_P&t=4460 Fabian gives his opening bio to the jury. He does not give his fabricated credentials of being on the faculty of Stanford, UT, and Walter Reed. He does say when asked about his credentials that he specializes in forensic psychology and law, even though he never passed the bar. says he answers, "yes it's just uh addressing answering uh legal uh forensic and mental health uh legal questions that courts judges uh lawyers have that I can address through
evaluation typically" pretty much a word salad.
1 hour 16 min 1 sec. https://www.youtube.com/live/sAagZBrNUyk?si=n-zBPw7-EJcaiGjH&t=4561 When asked why he testifying via zoom, Fabian said that he is in Houston testifying in a "never ending death penalty case"
1 hour 16 min 22 sec https://www.youtube.com/live/sAagZBrNUyk?si=qXqky-See04Paraw&t=4582 In the direct, defence attorney asks if Fabian is faminiker with Mr. McIntyre, and was asked to a forensic consultation to the case, Fabian said yes to both. was asked what he reviewed, Fabian responded with the juvenile psychological records as well as his family members.
1 hour 17 min 38 sec https://www.youtube.com/live/sAagZBrNUyk?si=niksp5ghDdnKSf2G&t=4658 When asked did Fabian look into his academics or intelligence, Fabian first responded with the word salad, "Ah yes, we well" then awkwardly paused and dropped his head. He admitted that he only intervened McIntyre only a couple of weeks before trial. April 2, & 3, 2025 was the interview, April 15, 2025 was the trial testimony Asked if it was common for Fabian to get the background information that was mainly self reported from the patient, he responded "Absolutely yes" but shakes his head no then. Fabian's body language does not reflect what comes out of his mouth.
1 hour 18 min 12 sec https://www.youtube.com/live/sAagZBrNUyk?si=QgbnbkD1hol36ERF&t=4692 asked if Fabian reviewed anything reguarding McIntyres mental health. Fabian answered yes with a bunch of ums that he mainly retreaded the previous reports done when McIntyre was a juvenile in Tarrant County done by a different psychologist from 2016. Said another report from Bexar County psychologist Monica Jeter stated that McIntyre had ADHD. There goes Fabian saying ADHD is the boogie man.
1 hour 19 min 3 sec https://www.youtube.com/live/sAagZBrNUyk?si=pJpga1EKQ4IAxdnR&t=4743 defence wants to talk about psychology regarding this case and cases in general, asks how Fabian conducts his evaluations. Fabian claims he looks at the background history and family history where he claims he starts every case (he doesn't with pilots so he committed perjury right there)
1 hour 19 min 35 sec https://www.youtube.com/live/sAagZBrNUyk?si=_-dwnCy-yoTTEg9v&t=4775 Defence tries to ask Fabian a question, there was a glitch in the Zoom connection that Fabian didn't pick up on and started interrupting the defense denying the question saying "No information gathering" to which the judge told Fabian and the defence attorney not to overtalk each other. It sure seems that Fabian is behaving like someone with ADHD or Autism and his bias against others he labels with ADHD sure stems from this gaslighting. Defence tries to cover claiming it was a buffering problem but Fabian clearly did not pick up on it.
1 hour 20 min 3 sec https://www.youtube.com/live/sAagZBrNUyk?si=S9nCe9XaTSFE_-Cc&t=4803 Defense asks Fabian about McIntyre's mental health history family history and other "risk factors" before the case came to light. Fabian claims there are multiple reasons. First he claims it's multi generational (gee the super predator doctrine) First Fabian tries to talk about his mother. Prosecution objects claiming hearsay, Judge sustains. reworking the question, Fabian claims there was family history of criminality, substance abuse, mental illness and prostitution (guilty by association) Fabian feels that those factors were signification to his parents and when he was born, he stumbles claiming that's when he started his investigation.
1 hour 21 min 54 sec https://www.youtube.com/live/sAagZBrNUyk?si=Oy-iGqk9URMcN80m&t=4914 Defense asks Fabian what does he mean by multi-generational trauma. Fabian claimed that the parents "had a lot of trauma growing up" and then said there was "Family instability" after McIntyre was born which Fabian claimed lead to "developmental psychopathology in the offspring" Fabian claimed McIntyre's mother was a substance abuser when she was pregnant which he claimed lead to McIntyre's behavior issues, suicidal thoughts, and his own substance abuse. I'm surprised Fabian did not go down the route that it left "genetic markers" which was a product of a a flawed and discredited study from 2015. https://www.dallasnews.com/news/2017/05/30/no-trauma-is-not-inherited/ same story without paywall https://medicalxpress.com/news/2017-06-trauma-inherited.html and https://www.theguardian.com/science/blog/2015/sep/11/why-im-sceptical-about-the-idea-of-genetically-inherited-trauma-epigenetics
1 hour 21 min 20 sec https://www.youtube.com/live/sAagZBrNUyk?si=j3oI20vnTKEorhGV&t=5000 Defence asks Fabian about polytrauma. Fabian says when someone has a a number of different types of
traumatic events that they've either been exposed to or witnessed, NIH says while the term has been used for decades, no generally accepted definition exists. https://pmc.ncbi.nlm.nih.gov/articles/PMC5577783/ Defense asks if psychological and physical abuse counts as a polytrauma case, Fabian says yes. claimed that McIntyre and his sister were living with their mother in an hotel Las Vegas and the mother was using Chrystal meth leading to police and social services getting involved putting them in foster homes. claimed that they witnessed their father commit domestic violence against their mother leading the father to go to prison. They lived with heir grandfather claim that was the most stable time, then said the father go custody back in Arlington Texas leading to McIntyre trying to run away.
1 hour 25 min 27 sec https://www.youtube.com/live/sAagZBrNUyk?si=MWLuJC2UxMCx9Urn&t=5127 Defense asks Fabian about "damage attachment" Fabian's word salad from the transcript. "Um damage attachment is is really you know well the attachment processes is critical to you know child development so it's really the the um connection physical emotional connection between child and caregivers and and then really it serves as a lens how you know child views the world and how they develop emotionally and how they think perceive you know the world and how they develop and um how they socialize and in this case it was very I would say damage because um there was really a lack of stability and uh continuity and and with the caretaking cuz it was just they bounced around a lot to different states and and caregivers" This has been debunked https://www.psychologytoday.com/us/blog/standard-deviations/201608/why-attachment-theory-is-all-sizzle-and-no-steak Where the psychologist that came up with "damage attachment" claimed it was based only on middle class children from Baltimore that the way other children were raised completely clashed with the theory claiming there is no "cross cultural validity" https://www.youtube.com/watch?v=rTZH47WkpLE The defense says that having the child with different care givers in a "inconstant ad hoc way" has adverse affects with how children come to understand the world and relate to people. Fabian said "Perfectly said yes" so is he saying that going to school has adverse affects on children.
1 hour 26 min 42 sec https://www.youtube.com/live/sAagZBrNUyk?si=k16Bi-CaJ8VzjHyy&t=5202 Defense asks Fabian about neurodevelopmental disorder and then asks Fabian about ADHD causing brain dysfunctions. Fabian word salad from the transcript. that and it can be how the brain develops in a in a you know basically a traumatic environment um so those two issues of you know neurodedevelopmental disorder which would be ADHD is an example of one but also just growing up with abuse and neglect can also affect you know how the brain develops as well I I can you know kind of show some slides if you wish but um on a PowerPoint but basically that that is relevant to the case here cuz you know we have to remember he was I think only 16 when when I think this offense occurred
1 hour 27 min 44 sec https://www.youtube.com/live/sAagZBrNUyk?si=H0jLHYBS1O590zKB&t=5264 Defense asks Fabian to show his powerpoint. Fabian then spends a good amount of time fumbling through his powerpoint to start the presentation and also fiddles with his tie. Fabian seems pretty cognitively slow here.
1 hour 28 min 41 sec https://www.youtube.com/live/sAagZBrNUyk?si=WSQ827AY7ZAyqhBC&t=5321 takes Fabian nearly a minute to start going over his his powerpoint. claims is reinvent to the development of ones self. Fabian is basically saying anything as an excuse to claim McIntye is mentally defective. He claims that delinquents are subject to two types a attachment conditions, insecure and disorganized. So Fabian How how does that turn people into cold blooded remorseless killers? Fabian claims he worked at one of these orphanages and claims that all the bad apples are put together and the end result is the same. sounds kind or racist doesn't it.
1 hour 32 min 39 sec https://www.youtube.com/live/sAagZBrNUyk?si=eW7vAdpQTwlPVH_-&t=5559 Defense asks Fabian about office of juvenile justice and delinquency prevention regarding published work. blames ADHD on family up bringing.
1hour 37 min 0 sec https://www.youtube.com/live/sAagZBrNUyk?si=y1kgIx46Ay-sRFaA&t=5820 Defense asks about risk factors of growing up in a broken home lead to homicide. Fabian stumbles a response stating that there has been some research on delinquents Committing violence later in their lives. Fabian claims that there is 28 risk factors correlating with the Risk youth movement.
1 hour 39 min 0 sec https://www.youtube.com/live/sAagZBrNUyk?si=iuJAa6AYaOii_hPa&t=5940 Defense is giving the super predator argument, you grew up in a bad home, you yourself are going to be predisposed to being a violent criminal. Fabian goes along with the defense. Fabian says "Risk of negative what I call like psychosocial outcome" Claims 10 factors were found dealing with abuse and neglect. Claims that his analysis of McIntyre had 8-the 10.
1 hour 42 min 30 sec https://www.youtube.com/live/sAagZBrNUyk?si=twGLLroga90BEYpN&t=6150 Then the defense says that you cannot predict the negative outcome of these factors. Fabian responds, "uh you are correct there are some studies... that are kind of focusing a bit more... you know... on... these factors and outcome... which Yeah go ahead" So clearly Fabian got stumbled by the defense and it showed with his stumbling word salad. Seems like a trait of being cognitively slow Defense had to bail out Fabian by asking him if these could be provoked by four or more of these factors, Fabian responded with another word salad, "yes yes... which.. like this... particular... these two studies I think address that... so... just even with delinquents... they're more likely or... you know with yoouuth they're more likely to engage in... delinquency... in these negative outcomes... violence gang involvements... addiction... general offending... when they have more of these risk factors and and this data... pretty much you know... correlates with some of the... DOJ data that we had just went over
it's just early risk factors yeah" Fabian is clearly no confident as to what is coming out of his mouth,
1 hour 43 min 31 sec https://www.youtube.com/live/sAagZBrNUyk?si=WNYRD3RSFTd7W-tu&t=6211 Defense asks about ACES and complex trauma. Fabian claims they do, then he goes over what he claims complex trauma is. claims it's from abuse and neglect.
1 hour 44 min 24 sec https://www.youtube.com/live/sAagZBrNUyk?si=I7VlhyDDq-odDQtM&t=6264 Then he has another cognitively slow word salad, "sometime you know sexual abuse as well... and........ uh.. then this complex trauma really... you know has.... it it........................................ it's grips in eaarrly child-hood it's jus.. uh um for... you know negative outcome and and.. when we see this... complex trauma it's often integrated that damage attachment cuz it's often from a prime... primary caregiver and this slide there's just a lot... of you know effects.... of complex trauma on one's development in a number of areas"
1 hour 45 min 4 sec https://www.youtube.com/live/sAagZBrNUyk?si=jINuLh6Pvv6VxFs7&t=6304 Defence asks Fabian how trauma impairs a child. Fabian spends the next minute of regurgitating a word salad that claimed McIntyre became paranoid, which lead to him being violent and addicted to drugs. Then claimed his cognition was affect by ADHD and relating to people. Man Fabian thinks that people with ADHD are unrepairable in a "Like you know, whatever kind of way.
1 hour 47 min 47 min https://www.youtube.com/live/sAagZBrNUyk?si=SIynxjMZFYCbGjlX&t=6467 Defense asks if creativitity is a coping mechanism for the lack of a stable household. Fabian responded, "well I with that I mean you know some people are talented and some aren't so yeah he has some gifted and talent in that way but.... um so.... y'yeah he he developed other interests and and skill sets and there's some resilience there but you know that.. I think... he he's plagued by inadequacy.. especially with his um... you just.... neglect um for the most part by his parents"
1 hour 48 min 24 sec https://www.youtube.com/live/sAagZBrNUyk?si=y7-8pCRThGhvkFvb&t=6504 Defense asks if emotional experiences affect the physical brain. Fabian responded, " um.. y'yees it it that it that is what we we've learned... yes um... now...... this... slide impacted childhood trauma.... in in part is you know related to the... prior slide... um... and we see... in this case and just... by my review of the records I mean there's been... you know he's had some... issues in a number of these areas... and... I would look at more emotions... I think relationships here... mental health... um I have seen.... I think he has a long-term depressive condition.... evidence of post-traumatic stress disorder. He's been suicidal in the past... and.... he's developed addictions to... substances I would say cannabis.... um... Xanax... and more of what we call.. lean or... cough syrup let's say... and then certainly he's had issues in this area... uh which is the substance abuse... regulation aggression is is criminal activity This word salad is coming from someone that has a been arrested for DUI on drugs. Let that sink in.
1 hour 49 min 56 sec https://www.youtube.com/live/sAagZBrNUyk?si=5Wh7ZoiEA7tLdqAm&t=6596 Defense asks about adolecent brain development and when does the brains stop developing. In a word salad Fabian claims "the most important part of the brain stops developing by age 24" Mayo Clinic Argues that would be wrong where it continues to develop until at least age 30 https://www.rosettainstitute.org/brain-development-continues-until-age-30/ Fabian is claiming that 16 year olds don't have a developed brain to determine what is right and wrong and that McIntyre committed the murders when he was around 16 he could not help himself. He claims this is why adolescents are treated differently in the court system.
1 hour 52 min 47 sec https://www.youtube.com/live/sAagZBrNUyk?si=Xdwap5MohopR7exy&t=6767 Defense constructs the narrative for Fabian that the part of the brain that senses fear develops before the part that the ability to judge and decern decisions. right from wrong is elementary school level. Fabian Realizes what he dug himself into and had to back pedal claiming not every adolescent becomes a delinquent. His narrative sure seemed to direct it that way for much of his this part of his testimony. At this point the judge actually interrupts Fabian realizing he's contradicting himself and uses the excuse that the court proceedings need to have a break.
2 hour 16 min 45 sec https://www.youtube.com/live/sAagZBrNUyk?si=_vy1SzZygn4OtVJD&t=8205 direct testimony resumes. Asks if a 16 year olds brain is not fully developed. Fabian stutters that is true, and that an adolescent brain is geared to more emotional vs "executive function" and the defense asks if this is universal, traumatic childhood or not. Fabian says yes. Then asked was it a contributing factor, Fabian says yes, along with chriminality in the home and substance abuse.
2 hour 19 min 30 sec https://www.youtube.com/live/sAagZBrNUyk?si=85VAErobzbaKrrZp&t=8370 Defense states Fabian talked a lot about childhood development, but asks him about 16 year olds. Fabian says its more of the same then rambles about who McIntyre lived with blaming abuse by his father.
2 hour 20 min 43 sec https://www.youtube.com/live/sAagZBrNUyk?si=z7XdsxhS-8TCpWj8&t=8443 Defense asks Fabian about LSD. Fabian says he's familiar with LSD then says, "I'll stop sharing here... ok" Now is this because the slide was stuck by the judge or did Fabian admit he was a prior user of LSD? Defense asks Fabian what are the effects of LSD on the body and brain. Fabian first responds with undecipherable gibberish, then says the drug is a hallucinogen and can make people psychotic, delusions and paranoia. then asked does frequency make the symptoms stronger, Fabian rambles yes.
2 hour 22 min 27 sec https://www.youtube.com/live/sAagZBrNUyk?si=FfYRVnuUzoVf9KMc&t=8547 Defence asks Fabian, "if he has some training as an attorney" Fabian is taken aback by the question and says he doesn't practice as a lawyer, has a fellowship in forensic psychiatry and the law (but without an MD or DO) and went to law school. Claims he knows, "A bit about the law" but with a smirk says, "I not going say I'm doing your job" (Because he tried to and got pushback from the California Supreme Court. https://sites.google.com/site/no2cog/supporting-evidence/example-of-faa-3rd-party-doctors-that-committing-malpractice-against-pilots/prosecutor-mark-r-weaver-fabian-went-against-dsm-diagnosis-criteria )
2 hour 22 min 51 sec https://www.youtube.com/live/sAagZBrNUyk?si=7ws7PN9Li95rH0o5&t=8571 Defense talks about emotion of anger, asks Fabian if Anger is a normal human emotion, Fabian says yes. Defense asks Fabian what provokes anger. Fabian says we all react differently. Defense tries to ask if the betrayal of love leads to anger. Prosecution objects regarding relevance. sustained. Then modified the question regarding to Fabian ever deal with someone that was romantically betrayed. Fabian says yes. Defense what is the common emotional responses Fabian saw. Fabian smirks as the two sides argue about the subjective nature. Judge has them approach the bench.
2 hour 27 min 21 sec https://www.youtube.com/live/sAagZBrNUyk?si=d_Ykw2S39U_VvtMs&t=8841 Defense asks Fabian about "adequate cause" with regards to sudden passion. Fabian responds he's familiar with it it and testified regarding it on a couple of occasions while he squints his nose. Defence asks what does Fabian consider. Fabian's word salad from the transcript where he can't get singular or plural right. Notice no he says victim or victim, not victim or victims, "um... well would what the... let's say the alleged... victim or victim waass... um... doing prior to... um... during this... this offense for example...
2 hour 28 min 9 sec https://www.youtube.com/live/sAagZBrNUyk?si=FmlH7DJ0WCPNKLcf&t=8889 Defense asks Fabian if he looks at normal emotional responses from people that don't have mental health problems. Fabian has a blank stare. Defense clarifies the question how normal people would react to the same circumstance. Fabian's word salad response, "well that would be... you mean with a defendant? Right. Yes but yeah typically... I think under the Texas statute is more Yeah the typical or normal person.. how they they react." huh? Biden makes more sence.
2 hour 28 min 41 sec https://www.youtube.com/live/sAagZBrNUyk?si=f-rrXZVH0ii0jP4_&t=8921 Defense asks Fabian if his training in forensic psychology would help him figure out how people would react emotionally to situations to "give rise to discussion of sudden passion. Fabian has a blank stare and then a surprise to his face as if he wasn't paying attention like he's got ADHD, Instead of a simple yes, he gives this word salad, "Yeah I've done that before... cert.. certainly you know, (No we don't) that's more of a legal question... you know if the judge... decides I can testify to it" Prosecution objects to legal conclusion which the judge sustains. Defense argues with the judge, and the judge reiterates that Fabian is not allowed to make legal conclusions.
2 hour 29 min 26 sec https://www.youtube.com/live/sAagZBrNUyk?si=HB3bHml5vgiuXX2q&t=8966 Defense asks Fabian without making a legal conclusion can he see emotional responses come up in normal people when sudden passion comes up. Fabian thinks for about 5 seconds then says yes. Defense is that one way to consider that question. Fabian says while looking off to the side, "I'll agree with that" Defense asks Fabian what evidence does he need to see a conflict when a emotional quarrel happens in a normal person. Fabian says disagreement in the relationship between the parties. Defense asks if someone had sex with another persons girlfriend would that be relevant. Fabian answers yes in a word salad. Defense asks has this inquiry been asked of Fabian before in other cases, Fabian says yes and nods.
2 hour 31 min 30 sec https://www.youtube.com/live/sAagZBrNUyk?si=2tqWswd0CTh53mnx&t=9090 Defense asks the judge to re-ask Fabian about "the hypothetical" Judge asks both councils to apporach the bench
2 hour 33 min 42 sec https://www.youtube.com/live/sAagZBrNUyk?si=gKlqzcJdpLeBi9h8&t=9222 Fabian clinches his lips Defence asks Fabian what goes on in the human brain when someone encounters anger and rage. Fabian goes on about how psychology thinks (but doesn't really know) how it affects different reagons of the brain. Then the stream freezes and Fabian doesn't even realize the stream froze. Talk about someone who has ADHD and gaslights others that he feels has it to take it out on his own personal shortcomings. Fabian claims their are "critical circuits" between sections of the brain. Then Defense asks about brain development in the 20s and Fabian claims the brain "prunes" itself.
2 hour 37 min 16 sec https://www.youtube.com/live/sAagZBrNUyk?si=gOYvAr5vZcCdVzui&t=9436 Defense is trying to claim that an adolescent doesn't have their brain pruned and that it leads to less thoughtful and restrained actions. Fabian claims that adolescents can't help themselves and once again blames McIntyre's actions on having and ADHD brain and being more impulsive and hyperactive and how he's raised he couldn't help himself. WTF, sorry its one thing to have a temper-tantrum and throw something at a wall, its another to not know what is right from wrong and kill someone because they were labeled with ADHD and had PTSD.
2 hour 38 min 14 sec https://www.youtube.com/live/sAagZBrNUyk?si=TKDuS9RNvmGPxd8g&t=9494 Defense then asks would a normal adolescent have the same problem. Fabian responds with a word salad contradicting himself by saying everyone would have a different reaction but that's not an accurate statement. So he acknowledged that someone considered normal would become murderous and that someone with ADHD would act normal, so his whole argument becomes moot. Defense asks a couple more questions about emotional reactions and Fabian then claims in a word salad if the front cortex is not developed property people have a hard time controlling their emotions. Then claims that McIntyre's brain was mis wired by his father's failures during up bringing. Fabian once again blames ADHD
2 hour 41 min 55 sec https://www.youtube.com/live/sAagZBrNUyk?si=gjZSkxIA-tsTMhNd&t=9715 CROSS STARTS
Prosecution starts with asking Fabian what additional materials he reviewed such as police reports, reports from other psychiatrists, and criminal history. Fabian answered yes to all.
2 hour 47 min 37 sec https://www.youtube.com/live/sAagZBrNUyk?si=PCH7YVequp6HKwnn&t=9757 Prosecution asks Fabian if he reviewed "non-traditional factors" such as news articles. Fabian responds, "Yes actually... yeah..." Then the prosecution states that Fabian said that McIntyre's "music talent was impressive" as stated "I assume you reviewed some of his music?" Fabian squints like he doesn't want to answer the question. Fabian says yeah a couple of times then awkwardly giggles. Fabian then says, "yeah yeah for for a lot of people and I've heard.. a lot about it it's it's not my... genre of music but... hey um.." Prosecution is about to ask a follow up question but the defense asks to approach the bench.
2 hour 46 min 46 sec https://www.youtube.com/live/sAagZBrNUyk?si=6nUnUEnMFZ7r2F05&t=9990 Judge sends jury out of the room. Judge goes to the defense and says since Fabian acting as an expert witness listened to McIntyre's music, the state (prosecution) is allowed to question anything that he reviewed for his testimony. The Judge also stated defense filed a motion in limiting and that the Judge has to "make a determination of what music the state is intending to offer through this witness" and that the judge will make to decision on what is more prejudicial vs proponent. At this point the Judge is unfamiliar with the music. Councils are arguing over whether to play the music on a "disc player" and the judge then asks for a transcription of the lyrics.
2 hour 51 min 03 sec https://www.youtube.com/live/sAagZBrNUyk?si=Q5BhP2JD2iIIPG0c&t=10263 After review the lyrics of the song "The Race" https://youtu.be/OYhXJaEbw7c?si=s5s2XAjs3h06L7Nb description https://en.wikipedia.org/wiki/The_Race_(Tay-K_song) The judge allows prosecution to ask questions about the song. Prosecution points out that the song was very well known to the public. He asks Fabian did he listen to the song the race and watch the video. Fabian says in a word salad, "um... yeah I didn't I didn't watch the whole thing but I got a good... glimpse of an idea of it" It was a 1 minute 44 seconds long, how did Fabian not have the attention spend of less than two minutes to watch this as part of his job?!?!? If that's the case wouldn't Fabian have a form of ADHD that would disqualify him from having an FAA Medical? So how is he qualified to make that determination of other people? Seems like gaslighting to take out his own shortcoming on Pilots that can actually pass checkrides to FAA standards.
2 hour 52 min 9 sec https://www.youtube.com/live/sAagZBrNUyk?si=AOdi14UoHwP71gvP&t=10329 Prosecution points out the video being made in 2016. He asks Fabian was McIntyre walking around the video with guns. Fabian hesitantly nods and answers verbally yes. Prosecution asks if Fabian remembers the lyrics of the song. Fabian guess largely incorrect in a word salad, "Uh... yeah I think he was trying it-was about... I think being in a race and beating his case or something like that..." Not even close it was about glorifying shooting people in the head with cold blood after robbing them. This was referring to his previous murder where committed a home invasion and murder in Mansfield Texas, when he skipped bail of home confinement and cut his ankle bracelet. From Google AI The phrase "F*ck a beat, I was tryna beat a case. But I ain't beat that case, bitch I did the race." opens the song "The Race" by Tay-K. It describes the artist's real-life circumstances: he was dealing with legal charges ("beat a case") but, rather than winning the case, he fled from the law ("did the race").
2 hour 52 min 50 sec https://www.youtube.com/live/sAagZBrNUyk?si=gJwX5fFpIRIu9Hi0&t=10370 Prosecution tries to get Fabian to clarify his response, Defense objects claiming that the prosecution is asking leading questions. Defense is concerned by Fabian's omission that he did not view the entire music video and that he does not have a full comprehension of the evidence. The judge responded that Fabian claimed he reviewed all the documentation as presented and the Prosecution is allowed to ask questions about all the evidence. Doesn't take a rocket scientists to see Fabian committed perjury because he said to the judge he reviewed all the documents, but he admitted on the stand he did not review all the documents. This is not the first time Fabian outright lied in testimony before a court, like him claiming at first he's a gang expert, than admitting he's not. https://sites.google.com/site/no2cog/supporting-evidence/example-of-faa-3rd-party-doctors-that-committing-malpractice-against-pilots/caselaw-states-fabians-testimony-credentials-neither-truthful-credible Judge said that she could bring the the jury back into the courtroom to witness these objections. She claims she doesn't know about the case when she claims Judges don't know the details of the case before trial. That she has not heard the song, and that she will make the determination before the jury is brought back in if the Song is admissible.
2 hour 55 min 55 sec https://www.youtube.com/live/sAagZBrNUyk?si=tISezP412EBmG7X9&t=10555 Defense puts up a protests stating he understands what the court is going to do but wants his objection articulated. Judge says what are you asking because she needs to review what the prosecution is offering as evidence. She said she's giving the defense the benefit of the doubt to have this evidence reviewed without the jury present and thus is not aware of this, but if the defense wants to keep objecting every point, then she will bring the jury back in and do this in front of the jury. The defense continues to make excuses and the Judge has none of it.
2 hour 57 min 29 sec https://www.youtube.com/live/sAagZBrNUyk?si=a2xHboRYDYNcNtwO&t=10640 As soon as the prosecutor starts addressing Fabian he give another nervous smirk. Prosecution then stated that Fabian claimed that Fabian listened to the entire song, 1 min 44 sec, and watched only a portion of the 1 min 44 sec of the music video. He then asks Fabian was the song about "a race to beat a case" Fabian says "yeah." The the prosecution goes into the specific lyrics of the song, "speak of different
things like Smith and Wesson made my nine with some compassion do you remember that phrase?" Fabian responds with "Vaguely" Then he asks specifically regarding the lyrics "Rob a (N-word) shoes, Rob a (N-word) lace." Fabian responds while looking up at the ceiling, "No I I know that I know the subject matter of the song like like.... the the... the idea behind it.... okay Like where he was of Scotty and violating the idea behind it okay like where he was of Scotty and violating pre-trial... cuz you know ankle bracelet.. and was on the run. I I know more about that than the lyrics."
2 hour 58 min 41 sec https://www.youtube.com/live/sAagZBrNUyk?si=AiAIvkhhBeRb7e_j&t=10721 Prosecutor asks if Fabian realized the song was released right before McIntyre was caught, Fabian reluctantly says yes. Prosecutor then states that meant the song was released after the murder in San Antonio and the murder in Tarrant County. Fabian says "correct" while nodding yes. Prosecutor then asks Fabian if the song is referring to the murder cases McIntyre is "racing away from" Defense objects claiming speculation. Judge states that Fabian is a "Noted" as an expert witness and the prosecution can proceed. Fabian then stated, "I would agree that kind" Prosecution states because they don't have the song on "digital form" (they couldn't play it from youtube?) They pass the witness back to the defence for the juryless hearing.
2 hour 59 min 33 sec https://www.youtube.com/live/sAagZBrNUyk?si=GvO3vZOuLoTbyOi_&t=10773 Defense asks Fabian if they sent him either a copy of the lyrics, a audio copy of the song or a copy of the video for the song "the race" Fabian responds he has connection issues. Defense then asks the question again and Fabian responds "No" Then the defense asks that Fabian was familiar with the case case "outside" because its a high profile case. Then Fabian said, "I've heard the race a number of times and I check it out" Once again Fabian can't give a streight answer as to how he first heard the song, how many times he's heard it, or if he sat through the whole thing. 1 min 44 sec. How could you not have the attention span to sit through less than two minutes but then say he heard it a bunch of times?
3 hour 0 min 10 sec https://www.youtube.com/live/sAagZBrNUyk?si=z1fFOsysPhYLTpt0&t=10810 Defense asks if he looked into the song independently and looking off Camera, Fabian says "that's correct" Then Fabian tries to back peddle by stating, "I I briefly I... you know I didn't really talk to your... client much about it actually..." Defense asks Fabian if he remembers the testimony that creativity is a "crutch" for lack of proper attachment. Fabian responds, "yeah I'm sure it's a skill set that he has" Defense then asks Fabian apart from McIntyre being a creative person did Fabian do anything with the information regarding the song. Fabian responds "No I did not" so Fabian contradicted himself from the Direct. Defense asks Fabian did the information about the song "inform his opinion in any way shape or form" Fabian just stares out into space without giving an answer. Defense then says "Let me ask you a different way" He asks Fabian does he understand that "he is here to testify about delinquent and violent
behavior at a punishment hearing in a criminal trial right correct and that for the purposes of this punishment hearing the jury has already found Mr McIntyre guilty of killing Mark Saldivar" Fabian responds "Yes" Then the prosecutor then asks Fabian if McIntyre's music informs him about brain development, generational trauma, dysfunctional forms of attachment or regarding McIntyre's drug use. Fabian says "no" to any of those factors and "probably not" with regards to McIntyre's drug consumption. then modifies his answer to say "at this point no" when in the first 3 seconds of the video it shows McIntyre lighting and smoking a joint next to his actual wanted poster. 23 sec it shows someone in the background pour out a large bottle of vodka. 1 minute 5 someone clearly was exhaling weed.
3 hour 2 min 7 sec https://www.youtube.com/live/sAagZBrNUyk?si=OdD1tbc2Ub6aTtap&t=10927 Defense asks if the song has any relation to "sudden passion in relation to Fabian's direct testimony. Fabian says "Nah... no I would say no" Defense asks Fabian is if this is something he was aware of because it was a famous case. Fabian responds, "Yeah in part" Defense then asks Fabian did they provide him with the song. Fabian responded "No... but in the course of my evaluation... I heard.. about it.. and I read read about it. so..." Defense asks the Fabian did the prosecutor ask about wide media coverage about the song because the defense knows that Fabian testifying about the song would not be favorable to them and said that the evidence of the song was not presented to Fabian in the "correct" way and should be struck.
3 hour 3 min 2 sec https://www.youtube.com/live/sAagZBrNUyk?si=bJZ_Kb6lzgnHadYi&t=10982 Defense asks Fabian if he was unaware of the song, would his opinion be any different. While shaking his head Fabian stated, "no from from a mitigating standpoint i mean the the... factors we talked about... uh in his psychiatric diagnosis.. would be the same." Fabian just admitted that he comes into evaluations with pre-determined prejudice and no amount of evidence, in this case with the song where McIntyre brags, even glorifies his crimes, would change his mind. FAA Medical Certificate holders are screwed the moment they walk in the door at Fabian's practice.
3 hours 3 min 24 sec https://www.youtube.com/live/sAagZBrNUyk?si=xUXd50ajVZUse5yP&t=11004 Fabian passed back to prosecution. Prosecutor asks Fabian if he became aware of the song during his own investigation. Fabian scratching his neck defensively looking away says "correct" Prosecution asks Fabian did he look at the song and do a thorough thorough investigation including look at evidence that was not provided by the defense. Fabian responded, "yeah I would agree I mean if ye... if you Google this defendant.. a lot of.. information comes up and I.. I typically do that" Prosecutor says that not wrong and says Fabian "Is a doctor trying to get a full scope of this individual" (Fabian doesn't talk to people close to pilots that would disagree with his prejudice views) Prosecutor says that McIntyre was a talented individual that was trying to get acceptance of his peers. Fabian responds, "I think there's some other people in the video... yeah." You think, it was a room full of people with McIntyre waving his handgun around.
3 hour 4 min 48 sec https://www.youtube.com/live/sAagZBrNUyk?si=3cj2s6fMEKgIh-G0&t=11088 Prosecution then asks Fabian if it was part of doing a thorough investigation that he looked at evidence not supplied by the defense and stated that it was McIntyre's "occupation" that he was a rapper. Fabian's word salad response, "Uh.. yeah I mean that's that's... certainly what I I learned." No confidence in his answers and doesn't seem to get that McIntyre was brags about and glorifying his crimes, something that lawyer Bruce Rivers points out with ease on his youtube channel https://youtu.be/AXUNQZqBK30?si=gDo8bqd5GW5eT9v9&t=215 Prosecution pass the witness back.
3 hour 5 min 23 sec https://www.youtube.com/live/sAagZBrNUyk?si=9ZPtbKxYbIzbBkFh&t=11123 Defense then asks Fabian did anything about the song or lyrics have an effect on Fabian's "informed opinion" of this case. Fabian's word salad response, "No he would have the same.. diagnosis... you know... that... whether I listened to the song or not" Once again this points out two major failures of Fabian, First that he once again did not pick up on the fact that McIntyre was bragging about and glorifying his crimes, meaning that McIntyre had no remorse. Second this demonstrates that Fabian had a pre-determined conclusion coming into his investigations and no amount of contradictory evidence would have him sway or modify his conclusion.
3 hour 5 min 48 sec https://www.youtube.com/live/sAagZBrNUyk?si=pte2Bs_YGmmA0_3N&t=11148 Defense then asks Fabian if he was to go through the song line by line and played through the video would Fabian have any concern it would alter his opinion. What Fabian that admitted to in a word salad is quite disturbing with shock on his face shaking his head no with his jaw dropped , "I I mean if if....... (gibberish) well I haven't really... been asked about... his offences" So Fabian's excuse for not factoring in the evidence of McIntyre glorifying his crime was because he wasn't asked about his offiences. WTF he's brought in as a expert witness during the sentencing phase of a capital murder case and he claims he wasn't asked about his crime of capital murder when he previously said he would look into things we wasn't asked too. His excuse is liken to Burger King not serving burgers.
3 hour 6 min 16 sec https://www.youtube.com/live/sAagZBrNUyk?si=-DoorzHwmHrhGQxi&t=11176 Defense then asks Fabian did he conduct in inquiry into the case other than the "basic information" provided by the defense. Fabian's contradictor word salad response, "No I was aware of his charges and I was aware of... some of the evidence against him... we did not talk much in detail.. about... you know his... offense history... uh that some of that was.. just I think attorney... instructions and so I I... just didn't focus on that I I investigate more vitiating type circumstances..." You can tell Fabian is trying to coble together an excuse that is plausible and not doing a very good job about it. If this was true why is he stumbling over his own words?
3 hour 6 min 59 sec https://www.youtube.com/live/sAagZBrNUyk?si=OBvTfBZckoFxabbT&t=11219 Defense is claims that "it doesn't matter if this crime was a robbery, a rush to anger or Tuesday" (actually it does that's why there is a difference in degrees of murder classifying a un-aliveing as a manslaughter) Defense asks Fabian does it change or alter his conclusions of McIntyre's brain development or psychological issues. Fabian responded, "uh I I would say no" So Fabian claims McIntyre could not tell right from wrong because of his defective brain even though he bragged to outright glorified his crimes including being a fugitive from justice in his music, yet Fabian didn't see that, or is it that Fabian already came to his conclusion an once again no amount of contradictory evedence was going to change his mind.
3 hour 7 min 27 sec https://www.youtube.com/live/sAagZBrNUyk?si=07e7kGeD4oNWlKpe&t=11247 witness is passed Judge then says the only issue is whether the state (prosecution) asking Fabian about the song is more prejudicial or prohibitive. Defense tries to cite a decision by an appellate court in a different case regarding claiming that the it was critical of the prosecution of using music glorifying criminal behavior as evidence. Defense is trying to say there isn't a difference in using it during a guilt and innocence phase of the trial vs post conviction guilt and punishment phase of the trial. Defense went to state "the implications that it use has are the exact same they want to demonstrate that the defendant is someone who has glorified criminal behavior who has um himself implied that he is engaged in serious criminal acts" to which the Judge interupts "so are you saying that's prohibitive of nothing?" it's probative of nothing. Prosecution responds "it's proven indictive that even the doctors just stated that it's talked about running away from a case and and he even depicted on there that this the cases were just previous in 2016 and this is just months after he committed the murder here in San Antonio judge so he released it after that doctor testified to that uh and so it it's the own the words of the defendant himself stating he's racing away from a case that he can't beat and also shooting the person in the face all right so here's" Judge says that the "flight" was relevant and prohibitive and finds questioning about the song then is prohibitive. Defense tries to claim the song is much more prejudicial than prohibitive saying they already disclosed to the jury in the opening statements McIntyre cut off his ankle bracelet claiming the jury does not need to hear that again with the song being presented or being questioned about it. Judge responds that opening statements are "statements not evidence" Judge then asks defense will it being sign that McIntyre cut off his ankle bracelet or was in flight. Defense tries to argue that it would place them in a not appropriate position. Judge then states that Defense is clearly trying to block the state from cross examining the song as evidence. Defense is trying to claim they are not trying to dispute the evidence but to not bring it up, as in ignoring that it exists and that McIntyre not only self incriminated himself, but glorified his crime and that Fabian's response to the prosecution does his client no favors because he comes off as a hack. That the defense was not expecting that "a live witness would be subject to confrontation" WTF the defense wasn't expecting cross examination?!?! And this guy got a share of the $500k McIntyre spent on lawyers. https://www.nbcdfw.com/news/local/rapper-tay-k-spent-most-of-700000-recording-contract-on-lawyers-testimony/212241/ This defense attorney is the real life Lionel Hutz. The Defense is claiming that those goes beyond the scope of rule 705. Defense claims that neither party objected to the evidence and the prosecution had ample time to produce the song previously at trial and that the defense claims it's "artistic work" and that is not evidence claiming the lyrics are coincidental and fictionalized, what studios claim within the copyright statement to try to absolve themselves of liability of slander. He claims that in essence admitting the song into evidence violates McIntyres 5th amendment rights without directly saying it. At that point having enough the judge cuts the defense off saying that the song is more prohibitive than prejudicial. Judge says its fine to ask Fabian about the lyrics but not play the video and that Fabian claims he reviewed the song.
3 hour 19 min 18 sec https://www.youtube.com/live/sAagZBrNUyk?si=gvoZ6CY280CI4h9p&t=11958 With jury seated prosecution resumes CROSS. Prosecution immediately asks Fabian if he recalls McIntyre's music. Prosecution asks Fabian if the defense asked him to evaluate him. Fabian answers yes. Prosecution asks Fabian about the song "The Race" Fabian responded in a word salad, "yeah I listened to.. I would say... and watched some of the video. uh I've... an understanding of the song." Once again Fabian admitted he did not sit through the full lengh of the video with is 1 minute 44 seconds. Prosecution asks about the premise of the song. Defense Immediately objects, Judge then without hesitation overrules.
3 hour 20 min 7 sec https://www.youtube.com/live/sAagZBrNUyk?si=qqO53DvK9zyPPN8P&t=12007 Fabian stares off into space for 3 seconds, the strugles to continue his word salad of an answer. "He wasss on bond.. for a.. murder charge... and... he was on house arrest and... and he... cut his ankle bracelet and went on the run absconded and,,... then traveled around the country" Complete misuse of the word "Absconded" because making videos about being a fugitive of justice is not us not the way to be a fugitive secretly. Prosecution then asks Fabian is that what the song is about, Fabian responded "That's my understanding.. yes" Defense objects claiming speculation, meaning he thinks Fabian is FOS, Judge overrules.
3 hour 20 min 41 sec https://www.youtube.com/live/sAagZBrNUyk?si=yrs-siORw-l0QPHA&t=12041 Prosecution asks Fabian did he watch the video for "The Race" and Defense objects. Judge overules. Fabian said he watched part of the video. Once again the video was 1 min 44 seconds. He said he listened to the song with "more detail" Stating "i watched part of it... I I had listened to it.. in more detail just... you know I I... saw just a.. blur of the video. I didn't watch the whole video" Fabian is paid $30k on average and he doesn't sit down for 1 minute 44 seconds to watch a video that's part of his job to analyze. Sure seems like he's got no attention span and sure seems to want to gaslight people labeled with ADHD to go after his own shortcomings.
3 hour 21 min 7 sec https://www.youtube.com/live/sAagZBrNUyk?si=QInnVLfAgarsn-tq&t=12067 Prosecution asks Fabian is that McIntyre in the video. Defense objects on "facts on evidence" Judge overrules. During this Fabian is biting his lips, fidgeting in his chair, and scratching his head. Fabian says, "It's my understanding" with the last part undiscernible. Prosecution asks Fabian about specific lyrics of the song which the defence tries to object to but is overruled. This part of the testimony was covered by San Antonio ABC Affilate KSAT. https://www.ksat.com/news/local/2025/04/09/taymor-tay-k-mcintyres-capital-murder-trial-reaches-seventh-day-on-wednesday/ The defense objected to every lyric and the judge overruled it. From the KSAT coverage
Garrahan asked Fabian multiple questions on whether or not he remembered certain lyrics from “The Race.”
“Do you remember, ‘But I ain’t beat that case; b----, I did the race.’ Do you recall that?” Garrahan asked Fabian.
“I do recall that line,” Fabian said.
“And what about the line, ‘Shoot a f---boy in his m-----f------ face.’” Garrahan asked Fabian.
“I don’t recall that,” Fabian said.
“It says, ‘I’m little Tay-K, I don’t think you want no (sic) action; You want action? You get turned into past tense.’ You recall that?” Garrahan asked.
“I believe I recall that line,” Fabian said.
“What about, ‘Smith & Wesson made my .9 with some compassion,’” Garrahan asked.
“I remember the Smith & Wesson reference,” Fabian said.
This type of shoddy testimony of not knowing the facts and changing them on the fly to CYA is Fabian's MO. https://sites.google.com/site/no2cog/supporting-evidence/example-of-faa-3rd-party-doctors-that-committing-malpractice-against-pilots/caselaw-states-fabians-testimony-credentials-neither-truthful-credible
3 hour 23 min 8 sec https://www.youtube.com/live/sAagZBrNUyk?si=wWvyQlUYIr2wozzk&t=12188 The questioning continues. Prosecution asks Fabian does he remember the like
f*** a beat i was trying to beat a case but I ain't beat that case B***h the race Defence objects but is overruled. Fabian responds "I recall that... line" Then the prosecution asks does Fabian recall the line, "I'm going to shoot b***h without a debate I'm going to shoot you can see it in my face" Fabian responds while looking down in a lower pitch monotone, "I don't recall that line" Prosecution then doubles down on Fabian's inconsistencies and asks Fabian, "Again you said that this particular song was about pretty much the defendant cutting off his ankle monitor cuz he was on bond for murder d running and running around I guess the uh running about throughout the about the United States is that correct?" Fabian shifting around in his seat, practically covering his eyes with his hand and shaking his shoulders then answered, "I would agree" Prosecution continues by asking Fabian does he have knowledge that this song was written after the murder in San Antonio. Defense tries to object under speculation Judge overrules. Fabian answers, "Correct" Prosecution then asks again Does Fabian realize that the song was created after the San Antonio murder, Defense tries to object for a second Fabian stares for a second then the persecutor tries to ask the question again, then Fabian interrupts him stating, "That's my understanding" while nodding his head.
3 hour 24 min 44 sec https://www.youtube.com/live/sAagZBrNUyk?si=WehcqUIlXLfdlrLR&t=12284 Prosecutor frustrated that Fabian tried to humanize and make excuses that McIntyre could not help himself but to murder but completely disregards the victim as a statistic states, "And I don't know if you know that's my understanding okay i guess maybe you don't know the victim's name Mark Salvadar but that's the name of the victim okay..." Fabian embarrassed interrupts stating, "No I know his name" Prosecution then asks about Fabian reviewed "Several different things" in the case, he then asks specifically about the police reports that the defense council give Fabian. Prosecution asked specifically did they give everyone associated with McIntyre to Fabian. Fabian responded, "I I don't know that" Prosecutor then followed up with, "So I guess to say this is that just they gave you everything that they gave you but you don't know if there's other things out there associated with news reports or other songs or other criminal history or anything like that is that correct?" Defense objects claiming this is asking Fabian to comment on things that are "not evidence and total hearsay" Judge overrules defense because she sees that the deliberate exclusion of inculpatory to have Fabian paint a subjective instead of objective view of McIntyre. Defense realizes if these questions are asked of Fabian it shows subjective opinion and discrediting his "investigation" since it shows bias against objectivity.
3 hour 26 min 0 sec https://www.youtube.com/live/sAagZBrNUyk?si=QRkRuNXsZLnOWZfC&t=12360 Prosecution states, "You can answer the question" Fabian responds with a word salad where he elongates consonants, "Yeah sure i mean I have his criminal hisstooryy.. they gave me uh..... they provided police reporrts and.. uhh.. of defending and family members and I think some school records the prior psychological evaluation.. current indictment.. um.. are most of those I think Arlington police department reports" Prosecution then asks about the pre-diagnostic study for Judge Timothy E Manikos in Tarrant County Texas. Prosecution asks did Fabian review the study. Fabian responds without confidence, "yes I I did" Fabian repeats "I" a lot in his answers.
3 hour 26 min 55 sec https://www.youtube.com/live/sAagZBrNUyk?si=SkJbz634pUbwZ5UC&t=12415
Prosecution asks Fabian regarding the report Where Fabian stated that McIntyre witnessed physical abuse between his father an mother. Fabian answered with a contradiction, "Yes i think he denied that in that report" Prosecution responded. "He denied that? so where did you get that information from then?" Fabian responded with a word salad, "Well he expressed that to me um... I learned it from his sister... that they witnessed it... and I believe a.. Arlington police... uh officer had interviewed him about it.." So Fabian claims heresay after he orgianlly contradicted himself, even seemingly putting words into the mouth of a unnamed police officer, notice the pauses when he says he believes he heard it from an Arlington Texas Police officer. You don't just forget what an interaction like that so why say you believe you had the reaction without confidence. Prosecution has a similar view stating, "Yeah in this report I mean just to be fair because you stated that he witnessed it but that ain't come from him that that that came from other individuals that he states he did not witness any abuse between his mother and father at least physical the rejection..." Defense then objects over here say because they realise Fabian didn't get hard evidense in the investigation. Judge sees this and says Fabian can answer the question and prosecution turns up the heat by stating, "You can answer the question doctor" Fabian responded with another word salad, "Right yeah he did express that... he... had seen some domestic violence to his parents when we talked... and it's my recollection in Arlington Police Department... domestic violence report that... he was present during.. one of the incidents" Prosecution pouncing on the fact that Fabian changes his claim from hearing the incident from an Arlington police officer to reading it in a report states as well as the McIntyre contractions of witnessing the domestic violence first hand, "I I I I'm sorry i don't know if I heard you correctly but you stated that when he talked to you during your interview he stated that that he had actually seen you correctly but you stated that when he talked to you during your interview he stated that that he had actually seen physical abuse then?" Fabian realizes he was caught in a lie clinches his lips stares towards the right and reluctantly answers "Yes... yeah yeah at one point.... at one point in his childhood yes..."
3 hour 28 min 44 sec https://www.youtube.com/live/sAagZBrNUyk?si=iJ79-B2WoiIAO2tq&t=12524 Prosecution responds, "but yet he answered that in a negative when he was being evaluated uh for this pre-diagnostic study you're aware of that right?" Defense objects stating asked and answered realizing that Fabian changes his answers to CYA himself, judge overrules. Fabian responds, "yeah yeah so I said I was aware of it yeah" Prosecution asks Fabian did McIntyre change his mind or was he lying. Defense objects claiming argumentative. Judge sustains and judge instructs the jury to disregard the last question. Defense then motions for mistrial realizing Fabian screwed up their defense, Judge denies the motion for mistrial. Fabian starts to answer the prosecutions question anyway and the judge interrupts him stating the objection was sustained. I seems that Fabian was not paying attention to the proceedings. Fabian looks worried then relieved rocking back and forth in his chair and says "Ah thank you."
3 hour 29 min 25 sec https://www.youtube.com/live/sAagZBrNUyk?si=2J6AumWgCRlMr2w8&t=12565 Prosecutor states that sexual abuse was brought up but asks Fabian was he aware of any sexual abuse. Fabian says "no" Then the prosecutor asks Fabian about remembering the psychological evaluation. Fabian says "Yeh-mp" while rotating his head then clenching his lips. Prosecution asks if someone witnesses a murder, does that psychologically affect them, Fabian says first moves his head to the right then says "Yes" Monotonally. Prosecution then asks about a police report regarding McIntyre witnessing a murder of college student in 2016. Defense objects claiming hearsay. Judge asks both set of lawyers to approach the bench.
3 hour 32 min 10 sec https://www.youtube.com/live/sAagZBrNUyk?si=tpsoWoOz9Ht7oCee&t=12730 Cross resumes. Prosecution asks Fabian was he aware that McIntyre was interviewed and released by the Denton Texas Police Department regarding the murder of a college student in 2016. Fabian says "Yes" while clinching his lips and nodding yes. Judge makes both councils approach the bench again.
3 hour 32 min 56 sec https://www.youtube.com/live/sAagZBrNUyk?si=3aMFS8vKA4sjPAMS&t=12776 Prosecution then clarifies that McIntyre was questioned as a witness on the murder of the college student. Fabian glancing to the left and nodding yes states, "Yes that's my understanding" Prosecution asks Fabian does he know any other information on that case. Fabian responds with his now par for the course contradictory word salad, "I I had read about it briefly but I don't... I I can't verbatim... describe the facts okay" Prosecution then after demonstrating Fabian's lack of credibility by saying he knows things but then when pressed says I don't know the details states, "Ok.. we'll move on from that"
3 hour 33 min 27 sec https://www.youtube.com/live/sAagZBrNUyk?si=hpg7XIm8k1L1Wuoq&t=12807 When the prosecutor starting to ask Fabian about reviewing some police reports from the Arlington Police Department, Fabian then interrupts the prosecutor to say "Yes" which is a telltale trait of someone labeled with ADHD. Prosecutor continues with regards to a police report about aggravated robbery which the defense objects to claiming hearsay, confrontation, and relevance. Judge sustains the objection. Seems to be another lifeline for Fabian. Then the defense asks for a mistrial which the judge denies.
3 hour 34 min 11 sec https://www.youtube.com/live/sAagZBrNUyk?si=ddEk7rKtg5GIOuVg&t=12851 Fabian looks up awkwardly in a spasmatic way during the silence almost as if he is having a brain fart. Another trait of someone labeled with ADHD. Prosecution asks Fabian did he see anything about McIntyre's gang affiliation. Fabian looks confused and says, "Did I see anything about it?" Prosecution responds, "Right in the packet the defense gave you indicating that if Mr. McIntyre was a a member or associate a member or self admitted to gang affilation" Fabian responded, "Uh is that just what I reviewed or my evaluation with him" Prosecution asks just what he reviewed. Fabian looks aways defensively and in the middle of the prosecution stating "I don't have your evaluation in front of me" Fabian overtalks the prosecutor stating. "No" Fabian went on to say first shaking his head no like Richard Nixon then stating, "Sure no I did not see... I don't recall seeing.. any affiliation uh references and credible information." Prosecution then responds, "So if this uh packet that defense council supplied to me has information in there about this individual self admitting to be part of the crypts that's something you may have overlooked?" Defence objects claiming improper questioning and was overruled. This is the exact same misrepresentation that Fabian was called out in Ohio misrepresenting himself as a gang expert and called into question the credibility of his testimony. This is Fabian's Modus operandi with many of the claims he's an expert on. https://sites.google.com/site/no2cog/supporting-evidence/example-of-faa-3rd-party-doctors-that-committing-malpractice-against-pilots/caselaw-states-fabians-testimony-credentials-neither-truthful-credible
3 hour 35 min 28 sec https://www.youtube.com/live/sAagZBrNUyk?si=T0fkCShp8OPU2Qug&t=12928 Fabian's word salad of trying to explain his way out of this, "Uh we we he and I.. already... talked about his gang.. involvement so I knew... that.. Separately..." So instead of looking at the facts I'll take his word for it... Fabian produces a lot of his conclusions on coerced self reporting and assumptions vs external facts. Prosecution then asks Fabian what did McIntyre say about his gang involvement. Fabian's word salad response, "Well he he acknowledged... that... um.... his family was heavily involved in the Crips in Long Beach that faction... And that he was.. also involved.... He had a lot a yeah he had a bunch of family members.. his mother.. uh... uncles that were involved in the Crips uh Long Beach Gang.. gang faction so.. I think that was a big part of his involvement" Fabian's stumbled response seems to indicate the lack of confidence of his statements.
3 hour 36 min 35 sec https://www.youtube.com/live/sAagZBrNUyk?si=Givos7FFfVDbCwhU&t=12995 Prosecution asks Fabian how does he determine if McIntyre has a fully developed brain at his age. Fabian responds, "Good question.. I mean when we're looking at at studies.. you know functional and and structural MRI studies of the brain with adolescents.. uh you know we know based on research that.. their brains are still developing. So that's based on group data now you know we don't have brain scans of him at age 16 or currently at at his age now... you know he... his brain would be I would say... say right at that edge of of development age 24" So Fabian admits that Brian scans are chritical for determining the struture of the brain, and he also admits that an MRI of McIntyre's brain exists, either when he was 16 or now. So he's using the averages of other people to determine how developed McIntyre's actual brain is. So he's essentially making up the findings not based on actual facts. Kind of sounds as BS as scoring a cognitive tests based on averaged norms that intentionally factor out peaks and Valleys of the individual test takers. This is not science, this is fabricated BS.
3 hour 37 min 41 sec https://www.youtube.com/live/sAagZBrNUyk?si=IZZn7IAOelvw7dux&t=13061 So the prosecutor says to Fabian, "So you say right now McIntyre's fully developed" Fabian responds, "For the most part yeah I mean that's that's kind of my number 23 24 is when really that last area of the pre prefrontal cortex is is developed. I would say that's correct some people disagree you know but that's kind of where my number is" Fabian admits that's "HIS NUMBER" meaning it's opinion and that he also admits may people such as other psychologists disagree with Fabian's opinion. The prosecutor pounces on this by stating that throughout Fabian's testimony that individuals are unique. Fabian then tries to back out of his claim that people can be painted with broad stroke templates by stating, "correct in in every different way.. so no case is the same" Prosecutor then calls out Fabian's use of averages, "Right so like in any given case since you really don't have MRIs of Mr. McIntyre when he was 16 being unique people I mean some people can be developed at that age some people cannot be developed I mean you're you're talking about a very stereotypical uh development is that right?" Fabian quivers in his face realizing his one size fits all profiling was just called out, Fabian responds with a word salad after looking like he had a mini spasm, "Sh-yeah sure some people may have depression at that time been suicidal some people may be mature some people.. may have... you know ADHD everyone's really really different." So he just admitted his profiling is FOS while also taking another slight at ADHD.
3 hour 38 min 51 sec https://www.youtube.com/live/sAagZBrNUyk?si=rf62ZWEUYOFzXik5&t=13131 The persecutor responded this statement, "so it's sort of difficult to say whether Mr. McIntyre at that time had not had one a developed brain in the sen se of like knowing well let me ask you this let me check that question at that age right and wrong does he know the difference?" This calls out all the testimony under the direct where Fabian claims McIntyre could not help himself and did not know what was right and wrong. Fabian responded "
Yeah he's 16 and ahh.. yeah he would know the difference between right and wrong" contradicting his own testimony.
3 hour 39 min 22 sec https://www.youtube.com/live/sAagZBrNUyk?si=MQc-O9h186kzbkzM&t=13162 Prosecutor asks Fabian about him reviewing McIntyre's history in Tarrant County Texas regarding the home invasion and murder on July 16, 2016. Fabian responded with another word salad, " He was yeah in the old he was there yes.." Prosecutor then states McIntyre cut off his ankle monitor and traveled to San Antonio. Fabian is reluctantly nodding yes. Prosecutor asks "Is that right?" Fabian responds. "Yes I understand." I understand? WTF Prosecutor continues that McIntyre was in San Antonio "for a bit of time" and goes to Fabian you probably don't know the exact amount of time. Fabian reluctantly answers in a monotone, "I'm... not exactly sure." Prosecutor then asks Fabian do you recall that McIntyre was in San Antonio in April 2017 and committed the murder of Mark Salvador. Fabian responded with another word salad, "Yes right he was right... i think he was in the area obviously around then" Prosecutor then said he "took off" being a fugitive from justice and was found and arrested in New Jersey in June 2017. Fabian responded with "Yes" Prosecutor then said was transferred to Tarrant County to face those charges in 2019. Then was convicted in 2019. Defense objects claiming lack of relevance for the witness.
3 hour 41 min 3 sec https://www.youtube.com/live/sAagZBrNUyk?si=2dmT4eRJz5gvQU2g&t=13263 This is where the prosecutor lays into the fact that Fabian's testimony isn't constant or credible, partially because he didn't question the defense was supplying all the facts to him, and he didn't seems to notice. Garbage in garbage out. That Fabian was nothing more than a hired gun and not an objective expert witness "Your honor I'm just going over the timeline because he said he reviewed this i just want to make sure he reviewed it because one I believe a testimony earlier some of the material that I have uh was not supplied to him" Defense tries to object but the judge overrules. Prosecution continues with asking Fabian if he was aware of McIntyre's conviction of murder and agravated robbery in Tarrant County. Fabian says "Yes" and then afterwards McIntyre was transferred to Bexar County to face the murder charge there. Fabian responds, "Correct"
3 hour 41 min 51 sec https://www.youtube.com/live/sAagZBrNUyk?si=Jx61adBcX1p7LA8Z&t=13311 Prosecutor then asks about Fabian's interview of McIntyre in April 2025, the same month as the trial, Prosecutor makes a point after Fabian says "Yes" to the fact that Fabian only interviewed McIntyre the same month of the trial, that Fabian was able to come up with entire evaluation in only a couple of weeks. Fabian responded in a word salad, "Yeah whatever I interwooed ( inaudible) Yeah my evaluation was based on interview that and information provided to me this month" This calls into question the validity of the report and Fabian produce a report on sound evidence vs pre-made templates. Prosecution passes Fabian back to defense after ending on the credibility question mark.
3 hour 42 min 27 sec https://www.youtube.com/live/sAagZBrNUyk?si=vqVhTpE64KCq-GO9&t=13347 Defense asks Fabian about the prosecutions questioning on differences and uniqueness of individuals on brain development and if Fabian found any studies that showed 16 year olds have fully developed brains like 24 year olds. Fabian's world salad response, "I'e I don't (inaudible) know don't know off hand.. I I... can't... reference one I'm familiar with the... imaging studies on.. adolescent... brains and and more involved with the prefrontal cortex area..." Defense then asks "You feel unable to properly assess forensically the questions we've talked about today without an MRI to determine whether someone's brain was more advanced?" Fabian responds, "Well no obviously if we did a brain MRI this week it would not be when he was age 16 so I think things would be quite a bit different in his development you know in the developmental years neurodedevelopmental years" So a bunch of techno jargon that sidestepped the answer Because in the Tammy Sytch Trial in 2023, Fabian was called out for coming to the conclusion that Tammy had CTE based solely on self reporting and his subjective cognitive tests and that a CT scan he didn't use, then first said didn't exist, then was forced to admit existed showed she didn't have the structural brain damage he claimed she had.
3 hour 43 min 43 sec https://www.youtube.com/live/sAagZBrNUyk?si=whgYZWvR7CyHjzRA&t=13423 Defense asks a question that actually discredits not just Fabian but psychology as a whole, "what I'm asking is would it be is it outside of the the practice norms for someone in your field to uh base your conclusions upon the generalized data of how most 16-year-old brains develop." Fabian then responds, "No" Fabian just admitted that psychology as a whole is not data driven but opinion driven and uses pre-determined templates that paints broad strokes and hands out one size fits all diagnosises that are anything but credible. You can tell that the defense was taken aback by that admission. Defense then asks Fabian about the song lyrics and did it play any role in his evaluation. Fabian ponders as he looks up at the ceiling then gives a word salad response, "you know no I I I'm... when I've been evaluating this case again from a mitigating standpoint um... it it... the the information that I've reviewed in my evaluation with Mr McIntyre has revealed the same... you know neurodedevelopmental risk factors but also the issues related to trauma and just really the way it was raised those that's really what I'm.. interested concerned about and I think... the offenses and the song all come with all of that.." The Defense then asks again to try to get a streight answer out of Fabian asking does it change Fabian's opinion one way or the other. Fabian responds with another word salad, "No no he he's No it doesn't i'm not I'm not.. basing my evaluation on on a song you wrote" Defense asks "To be fair do you know if he wrote it?" Fabian laughs awkwardly and responds, "No i actually did i I can't really prove that" Simple 5 minute google search proves Tay-K wrote the lyrics to the race. https://www.musixmatch.com/lyrics/Tay-K/the-race A song that he glorifies, murder, armed robbery, and being a fugitive from justice. Defense passes Fabian back to the prosecution
3 hour 46 min 37 minhttps://www.youtube.com/live/sAagZBrNUyk?si=2H80PRxm1LD1dCRp&t=13597 Defense and prosecution are done with Fabian. Judge "invokes the rule" on Fabian. This requires witnesses to sequester and not hear the testimony of other witnesses. Fabian's final words were, "Thank you judge. Have a good day" not even "Your Honor" but "Judge"
McIntyre was ultimately sentenced by unanimous jury decision for the Bexar county Murder of 80 years and no monetary fine served to be served concurrently with 55 year sentence he was already sentenced to for the murder he was convicted of in Tarrant County. https://www.youtube.com/live/sAagZBrNUyk?si=SM80Kx6iWUFdeUs3&t=33709 The Judge made a point stating that McIntyre is still alive and the victims is not. McIntyre can "better himself" and people can visit him in prison. That McIntyre needs to "internalize" that people are dead because of him. What I'm surprised is that McIntyre received no monetary fine considering he financially benefitted from exploiting the murder he created with the race. McIntyre is going to have to spend at least 40 years in prison, meaning the earliest he can make parole is 2057 considering he has time served credit since 2017. Considering he still has some of the $700k from his music contract, having it properly invested or even earning basic interest, McIntyre would have a considerable amount of money if he ever gets out of prison.