Friendship Called Youth’s Holdup Motive

A psychiatrist testified Monday that Mark Berman, one of two suspected teen-age bank robbers, acted “more out of fear of losing a friend than anything else.”

“In my opinion, I do not believe that Mark could have acted alone,” Ronald Markman, a psychiatrist hired by the defense, testified during a hearing to determine whether Berman, 17, should be tried as an adult. “This is a youngster that could only have acted in concert with someone else.”

Berman and Michael Morrison, 17, both of Tarzana, are charged with the May 23 armed robbery of more than $4,000 from Encino Savings & Loan Assn., and with stealing three cars at gunpoint during May.

Monday’s testimony marked the resumption of pretrial proceedings, which had been stalled by a dispute over Juvenile Court Judge Burton S. Katz’s order last month that the press and public be barred from preliminary proceedings for both youths.

Katz ordered the proceedings closed after an attorney for Morrison, Roger Diamond, argued that pretrial publicity might prejudice jurors should the youths be tried as adults.

Proceedings were halted by the state Court of Appeal after attorneys for two newspapers objected to Katz’s order. The appeal court is scheduled to hear oral arguments Aug. 21 in the closing of proceedings.

On Monday, Katz granted a motion by Berman’s attorney, Paul Geragos, to renew proceedings for Berman only, allowing the public to attend. Geragos had earlier argued that it was taking too long to complete the proceedings for the youths, who have been at Sylmar Juvenile Hall since their arrest May 30.

Proceedings in Morrison’s case will remain on hold until the appeal court decides the closing of the hearings.

At Monday’s proceedings, Markman said Berman told him that he and Morrison robbed the bank to get money to start an ice cream truck business. But Markman said he believes that Berman would not have committed the crime by himself.

“It is not something that he would generate thought for,” Markman said, contending that Berman is “fully amenable” to rehabilitation by the Juvenile Court.

“There is no underlying character problem or psychopathic disorder,” Markman said. “He is saddled with an adjustment reaction to adolescence. . . . It would be a normal phenomenon but something that requires treatment.”

Markman said that Berman has an above-average IQ and had been leading a “pro-social life style,” including working at jobs that required handling money.

“He’s been a responsible youngster,” Markman testified.

Markman said Berman told him that, although he wielded a loaded gun, which he took from his mother, during the bank robbery and one of the car thefts, “he wasn’t planning to and couldn’t have used it.”

Berman’s hearing is expected to conclude today.