Witnesses at Ray Sherman hearing describe suicide as impossible The Sherman family 's attorney, Avram Berk, shows a DVD of Raymond Sherman II during a court hearing before Brown County Circuit Court Judge Richard Dietz Tuesday (photo by H. Marc Larson). By Sonja G. Ostrow News-Chronicle Exactly one year after Raymond Sherman II died of a gunshot wound to the head, his friends and family filled Brown County Circuit Judge Richard Dietz's courtroom Tuesday to support the attempt to change the ruling on Sherman's manner of death from "undetermined" to "accidental." Al Klimek, Brown County's medical examiner, initially ruled Sherman's death a suicide, but changed his ruling to "undetermined" in November. In his opening statement, attorney Avram Berk, representing Sherman's parents, Yvette and Packers wide receivers coach Raymond, said he would prove "undetermined" is not an acceptable ruling in such a case. "A self-inflicted gunshot wound is either suicide or accidental," Berk said. "Raymond did not have a suicidal state of mind, which is essential to a ruling of suicide ... there is not just a lack of evidence of intent, but a plethora of evidence of nonintent." Berk called a number of witnesses to testify as to Sherman's state of mind and attitude leading up to his death. All witnesses characterized him as talented, happy and carefree. Yvette Sherman emphasized her close relationship with her son, and the fact he was comfortable talking to her about everything. "I was involved with every aspect of his life. If something was wrong with him, I knew it," she said. Several witnesses spoke of Sherman's love of "The Matrix" movies, the second of which he was planning to see on the evening he died, and of acting out scenes from action films. Sherman allegedly was acting out scenes from "The Matrix" when he shot himself. According to Sherman's good friend Olen Rice, Sherman had engaged in similar risky play-acting the day before the fatal incident. That day, the two were in Sherman's garage when Sherman took out a duffel bag containing three guns. He began playing with one of the guns - the .38 caliber pistol that would later kill him - and moved the slide, ejecting bullets from the gun, Rice testified. He mimicked scenes from "The Matrix," placing the muzzle to his hand, then to his temple, before removing the magazine of the gun and returning the gun to the duffel bag. Although Sherman's handling of the gun made Rice nervous, he didn't sense any feelings of depression or anxiety behind Sherman's activity. "He was just having fun," Rice said. The next day, Carol Lafrance witnessed more of Sherman's enthusiasm for "The Matrix" movies. Lafrance, who lives across the street from the Shermans and who, as a nursing home employee, is trained to identify signs of depression and suicide, was the last to speak to Sherman. Lafrance ran into Sherman as she returned from walking her dog. The two conversed for approximately 20 minutes, largely about "The Matrix." Sherman was playful and excited about the fact he was going to see the movie later that evening with his father, Lafrance said. He then began acting out scenes from the movie. When Lafrance learned Sherman's family was in the backyard, she told the younger Sherman that she would go to her house, get some coffee and return. As she walked away, Sherman "was still doing 'Matrix' moves, still in character." In addition to friends and family members, Berk called members of the Green Bay Police Department to testify. Allen Van Haute, commander of the detective division of the Police Department, and Michael Crabb, a detective in the department, testified their investigation found no evidence Sherman intended to end his life. Witnesses, including Yvette Sherman, testified that Klimek, when presented with the Police Department's findings, told the mother, "Even though I don't believe your son intended to take his own life, I had to rule suicide based on a statute." Klimek said the statute he based his ruling on was statute 979, and went on to explain to Yvette Sherman that the definition of suicide used by laymen and that used by medical examiners are different, and a medical examiner does not have to consider intent. The testimony of Dr. Emanuel Tanay, a forensic psychiatrist, professor and member of numerous academies and committees, including the American Academy of Forensic Sciences, rebutted Klimek's statements. In order for a self-inflicted death to be considered suicide, Tanay said, the perpetrator must possess the desire to die. As for the ruling of "undetermined," there is far too much evidence in the Sherman case for such a ruling to be acceptable, he said. Tanay also analyzed statute 979, and found nothing to justify Klimek's decision. Describing suicide as "unthinkable" in Sherman's situation, given his relationship with his friends and family and evidence of his consistently upbeat mood, Tanay castigated Klimek for not taking enough time to make an informed ruling in Sherman's death. "If you say it's suicide, you are really putting quite a burden on the family ... and the community. Because it is a community-wide issue, you should give it some consideration," he said. "This is an issue that has public health implications."