Ray was convicted of murder and sentenced to death. At the sentencing hearing Ray offered testimony by a Dr. Samuel Benson, a psychiatrist specializing in psychopharmacology. Benson tested Ray's brain functioning with an EEG and a CAT scan. Based on the results, and unspecified information obtained from interviews and school and medical records, Benson concluded that Ray had a number of different conditions, including FAS. Benson said the overall diagnosis was "organic personality syndrome." 13 Cal. 4th at 332.

This diagnosis played no role in the issues on appeal. It is not clear how the prosecution responded to this evidence.