The 38-year-old was charged in January 1995 for shooting and killing his older brother, Dustin, in Chestnut Grove, then killing three women in Schuylkill, York and Cumberland counties. He was convicted of voluntary manslaughter, aggravated assault, and other charges in the death of his brother, and found guilty in the murders of the three women. Mr. Spotz was sentenced to death.

He is now seeking a new trial. The purpose of the PCRA hearing is to determine if another trial will be necessary.

Mr. Spotz was slated to testify via video conferencing at yesterday's hearing, but exercised his Fifth Amendment right to remain silent in the matter.

Yesterday heard testimony from three custodians from the Milton Hershey School where the Spotz brothers were housed at one time, but the majority of the day centered around testimony from Dr. Elliot Atkins, a forensic psychologist.

Dr. Atkins spoke of Mark Spotz' Post-Traumatic Stress Disorder and how that affected the way in which he handled his brother's violent rages. The doctor explained that because Dustin had made and acted on threats in the past, Mark came to believe that resistance was futile. He said he believed Mark wanted to protect his family, but he was afraid his brother would come after him if he resisted.

Dr. Atkins also mentioned that Mark and Dustin were diagnosed with Borderline Personality Disorder. Because of this, Mark would often act in a way that would expose him to danger in order to protect his family. The doctor said that even after Mark had been stabbed twice by his brother, he understood that he would still be in danger if he fled.

The Borderline Personality Disorder caused the brothers to be dependent upon one another, according to Dr. Atkins. He said that Mark had a fear of abandonment and tolerated abuse from Dustin in order to keep him in his life.

"He suffered in silence," Dr. Atkins said, of Mark's desire to protect his brother.

The doctor detailed the brothers' early introduction into the child welfare system and said that Dustin was exhibiting violent tendencies as early as age 5 when he threatened to kill Mark with a butcher knife. Dr. Atkins also said that Dustin had nightmares about killing his brother. He explained that the nightmares were an early indication of the extent of his turmoil.

The doctor explained that both Mark and Dustin had similar fears of abandonment and losing their parents, yet shared the need to get away from them.

"There was a theme of ambivalence in both boys," Dr. Atkins said.

The doctor painted a picture of Dustin by reviewing several records from the many institutions and treatment centers where Dustin had been housed at different points throughout his life.

The records detailed his diagnoses and mental health issues. Dustin was described as "impulsive, rigid and emotional." One document stated that he had tried to set fire to his house and he admitted to "thinking of destruction a lot."

While housed at George Junior Republic, staff noted that Dustin was a "disturbed adolescent" with a poor prognosis for the future. As Dustin got older, the records showed that the pattern of violence and suicidal tendencies continued.

At age 16, he admitted to violent fantasies and to having attempted suicide when he was younger.

When he was housed in the York County Prison at age 19, he was described as "suicidal" and had admitted to stabbing his brother and attempting to impale his mother.

Clearfield County President Judge Fredric J. Ammerman is expected to deliver a ruling in the case at a later date.