It seems that one thief has read (or watched) "One Flew Over The Cuckoo's Nest" one too many times: A psychologist says that an accused robber has been faking being deaf and mute for the last three years. And with 64 adjournments under his belt, Wendy Gabriel's plan seems to be working. "There is no dysfunction. He's not speaking because he doesn't want to," psychologist Barry Winkler told the News.

Gabriel was charged with robbery, assault and grand larceny after his pit bull attacked a man he was allegedly robbing in June 2007. But since his arrest in 2008, Gabriel hasn't uttered a word in front of anyone—he has communicated with judges and prosecutors through handwritten notes. He is attempting to put one over on this court and this system. It has to stop," said prosecutor Stephanie Catros.

Gabriel requested that he be self-represented, but Judge Judith Lieb rejected it, ruling that the real-time court reporter and other accommodations he would need are too cumbersome. She did try to tempt/trick him into a game of Simon Says: "If you begin to speak, I will reconsider my decision."

Douglas Kahan, Gabriel's court-appointed legal adviser, says he has demonstrated a working knowledge of the law, and is disciplined, and thoroughly committed to his act, if nothing else: "He appears to know what he's doing. But he has a huge distrust of lawyers and the system. He's never been caught red-handed hearing or speaking." Below, you can see a clip of Gabriel enjoying some gum: