Reinaldo J. Rivera, 38, faces capital murder charges in Richmond and Columbia counties in connection with the deaths of Army Sgt. Marni M. Glista, 21, and Tabatha L. Bosdell, 17. He also stands accused of the nearly fatal assault of an Augusta teen-ager and of the sexual assaults and slayings of Melissa Dingess and Tiffaney Wilson, both 17, in South Carolina.

"It really shouldn't be a surprise to anyone," lead defense attorney Peter Johnson said of the notice that Mr. Rivera intends to present a defense of mental illness.

Mr. Johnson said he received a notice from prosecutors Thursday of their plan to have state psychiatrists examine Mr. Rivera. District Attorney Danny Craig was out of his office Thursday, and messages left for his assistant on the Rivera case were not returned.

Mr. Johnson said the defense will not try to convince a jury that Mr. Rivera is insane, only that mental illness impaired his judgment and capacity to recognize reality.

"No one is saying he doesn't know right from wrong ... He can't control himself," Mr. Johnson said. "To me, it's an honest position to take."

A psychologist who examined Mr. Rivera for the defense team reported that Mr. Rivera has a "constellation" of illnesses recognized by the mental health profession, Mr. Johnson said.

Although he would not elaborate on what illnesses Mr. Rivera has, Mr. Johnson said one aspect is sexual addiction.

Mr. Rivera has pleaded innocent to charges in Richmond and Columbia counties. Mr. Johnson said he cannot allow Mr. Rivera to plead guilty while prosecutors actively seek a death sentence.

A jury's verdict of "guilty but mentally ill" means only that the defendant is given mental health treatment in the prison system, he said.

Mr. Rivera was arrested in connection with an Oct. 10, 2000, rape and aggravated assault on an Augusta teen-ager. In statements to Richmond County sheriff's investigators, Mr. Rivera confessed to that assault and to the Sept. 4, 2000, fatal attack of Sgt. Glista; the June 29, 2000, fatal encounter with Ms. Bosdell; and the 1999 slayings of Ms. Dingess and Ms. Wilson.

Reach Sandy Hodson at (706) 823-3226 or shodson@augustachronicle.com.