In re Doe, 35699.

Decision Date08 April 2009
Docket NumberNo. 35699.,35699.
Citation207 P.3d 974,147 Idaho 243
PartiesIn the Interest of John DOE, a Child Under Eighteen Years of Age. State of Idaho, Plaintiff-Respondent, v. John Doe, Defendant-Appellant.
CourtIdaho Supreme Court

Thomas A. Sullivan, Caldwell, for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Rebekah A. Cudé argued.

J. JONES, Justice.

The State filed a petition charging twelve-year-old John Doe with attempted first-degree murder, battery with intent to commit a serious felony, and forcible penetration by use of a foreign object. In addition to the charges, the State filed a motion to waive juvenile court jurisdiction over Doe. The juvenile court granted the State's motion and entered an order waiving Doe into adult court. Doe appealed the order to the district court, which affirmed the waiver order. Doe then obtained a stay of the proceedings in order to pursue an appeal to this Court. We affirm.

I.

On January 24, 2007, at approximately 2:30 in the afternoon, two boys, C.J. and C. L., were riding their bikes down an alley in Nampa, Idaho. While riding their bikes, the boys observed Doe step into the alley from around a corner near some bushes. As the boys approached Doe, Doe asked them "What are you guys doing back here?" At that point, C.J. noticed a young girl, who was naked from the waist down and appeared to be unconscious, lying under some bushes located approximately ten feet away from where Doe was standing. In addition to being hidden under the bushes, the girl was covered with what C.J. described as some sort of roofing material.

Once C.J. noticed the girl, he told C.L. to go call the police while he kept an eye on Doe. As they were waiting for the police, Doe repeatedly told C.J. "I didn't do it" and that he wanted to go home. On two occasions, Doe attempted to leave the alley, but C.J. was able to apprehend and detain him until the police arrived.

Nampa Police Officer Jamie Burns was the first officer to arrive on the scene. Upon arriving, Officer Burns located the young girl lying under the bushes, still unconscious. Based on the girl's location, it was apparent that she had been placed under the bushes and covered with the roofing material in order to avoid detection by people traveling down the alley. Once Officer Burns uncovered the girl, he observed that she was naked from the waist down, cold to the touch, and had red dots on her face and eyes. He also noticed her pants and underwear lying nearby.

After prompting by Officer Burns, the girl eventually began to regain consciousness. She was then identified and taken by ambulance to Mercy Medical Center. Upon arriving at Mercy Medical Center, the victim, R.M., was questioned by Detective Angela Weekes. During the questioning, R.M. identified Doe as her assailant and informed Detective Weekes that Doe had taken her outside of her house, punched her in the stomach, put a sock in her mouth, and touched her everywhere.

R.M. was subsequently transferred to St. Luke's Regional Medical Center, where she was hospitalized for three days. Based on a review of R.M.'s medical reports, pathologist Michelle Penelope Elieff later testified that R.M. had "suffered great bodily harm, was assaulted vaginally, suffered blunt force trauma to the abdomen, had vaginal penetration and had symptoms of oxygen deprivation due to pressure being applied to the chest and/or strangulation."1 Elieff also testified that if R.M. had not been discovered when she was, there was a significant likelihood that she would not have survived.

Upon further investigation of the incident, police discovered that Doe had been at R.M.'s house earlier that same day. Doe apparently missed the bus home from school and walked to R.M.'s house so he could use the telephone to call his mother.2 R.M.'s mother allowed Doe to use the telephone in the basement, where she and her husband were playing cards. R.M. was also in the basement at that time. While at R.M.'s home, Doe reportedly used the telephone, smoked a cigarette, and then went back upstairs to leave. After Doe went upstairs, R.M.'s mother heard the door shut and, thinking Doe had left, sent R.M. upstairs to take a nap. Approximately twenty minutes later R.M.'s mother received a telephone call from the police informing her that they had found her daughter in the alley behind the family's home.

Doe was subsequently charged with attempted first-degree murder, battery with intent to commit a serious felony, and forcible penetration by use of a foreign object. In addition to the charges, the State filed a motion to waive juvenile court jurisdiction and have Doe tried as an adult. A waiver hearing was held on March 8, 2007, but was postponed after the magistrate judge ordered Doe to undergo a competency evaluation. The order was based on the court's finding that Doe was unable to assist in his own defense and, therefore, was unfit to stand trial. Doe was then committed to the custody of the Department of Health and Welfare (the Department) and transferred to the Northwest Children's Home (NCH) for "competency training."

During the period of Doe's competency training, the Department sent regular updates of Doe's progress to the magistrate judge. In June 2007, the Department informed the court that, according to its most recent evaluation, Doe was still incompetent to stand trial.3 Therefore, it requested an additional ninety days to continue Doe's competency training. Based on the Department's report, the court concluded that Doe was not yet competent to assist in his own defense and ordered that Doe's competency be reviewed again in ninety days. Before the entire ninety days elapsed, however, Doe passed a competency evaluation and the court found Doe competent to stand trial. The waiver proceedings commenced almost immediately thereafter.

Testimony regarding whether Doe should be waived into adult court was heard over the course of three days. During the hearings, the court heard testimony from several professionals within the juvenile and adult criminal justice systems. Of particular significance was the testimony of Dr. Craig Beaver, the psychologist appointed to evaluate Doe. Dr. Beaver testified that he believed Doe should not be tried as an adult. According to Dr. Beaver, Doe would have problems understanding adult criminal proceedings due to his "developmental levels and cognitive limitations," but would be able to assist in and understand juvenile proceedings. Dr. Beaver based this opinion on his belief that, unlike adult criminal proceedings, juvenile proceedings could be conducted at a slower pace, which would enable Doe to maintain a better understanding of the process.

In addition to testimony, the court received two documents relevant to its waiver determination. Specifically, the court received a copy of Dr. Beaver's psychological evaluation of Doe and of a waiver report prepared by the Juvenile Probation Department. In accord with his testimony, Dr. Beaver recommended in his psychological evaluation that Doe remain in the juvenile legal system. Dr. Beaver based this recommendation on several concerns, which he noted in the evaluation. First, Dr. Beaver was concerned that Doe's poor language, concentration, and intellectual skills would preclude him from "communicat[ing] effectively with legal counsel in an adult proceeding." Doe's full scale I.Q. of 75 placed him in the fifth percentile of other children his age, which was "in the borderline mentally deficient range of intellectual skills and abilities." When compared to other twelve year olds, Dr. Beaver concluded that "[Doe] is significantly immature and much more limited." Second, Doe did not possess adequate socialization and, therefore, behaved inappropriately in various situations. According to Dr. Beaver, Doe demonstrated significant limitations in his ability "to interact appropriately with others and to participate within specific systems." This, in turn, raised questions regarding Doe's ability "to regulate and manage his behavior without being dangerous or assaultive to others." Third, Doe had a significant drug and alcohol history for a child his age and showed symptoms of depression. Fourth, Doe had little familial support, structure, and supervision. Instead of setting boundaries and providing structure, Doe's parents condoned his use of alcohol, tobacco, and marijuana. Additionally, it was not unusual for Doe's mother, who was unemployed and on probation for possession of methamphetamine, to remain away from home for days — leaving Doe and his sisters without food.4 Finally, Doe was suffering from Oppositional Defiant Disorder, Adjustment Disorder, and Attention Deficit/Hyperactive Disorder.

In light of these observations, Dr. Beaver thought that it would be best for Doe to remain in the juvenile system. However, because Doe had failed supervised probation and his family life raised "significant alarms," Dr. Beaver believed it was necessary to remove Doe from his family and place him into a residential treatment program. Long-term placement in a residential treatment facility followed by placement in a structured family-like system would be necessary for Doe since he was "at high risk for further legal difficulty and ... for further aggressive behavioral acting out." According to Dr. Beaver, such treatment would likely be necessary throughout Doe's twenties.

The Juvenile Probation Department's waiver report also recommended that Doe remain in the juvenile system. The report's recommendation was based on the consensus of a screening team composed of ten juvenile correction officials. After evaluating the waiver factors contained in Idaho Code section 20-508(8), the screening team concluded that juvenile jurisdiction was preferable given Doe's age, level of maturity, and lack of competence to stand trial as an adult. Further, the team believed that there were services available in the...

To continue reading

Request your trial
42 cases
  • State v. Guerra
    • United States
    • Idaho Supreme Court
    • 26 Octubre 2021
    ... ... State v. Chernobieff , 161 Idaho 537, 539, 387 P.3d 790, 792 (2016) (quoting In re Doe , 147 Idaho 243, 248, 207 P.3d 974, 979 (2009) ). This Court reviews the magistrate court record to determine whether: (1) there is substantial and ... ...
  • State v. Phipps
    • United States
    • Idaho Supreme Court
    • 20 Diciembre 2019
    ... ... Chernobieff, 161 Idaho 537, 539, 387 P.3d 790, 792 (2016) (quoting In re Doe , 147 Idaho 243, 248, 207 P.3d 974, 979 (2009) ). [T]he Supreme Court reviews the trial court (magistrate) record to determine whether there is ... ...
  • State v. Ochoa
    • United States
    • Idaho Supreme Court
    • 2 Marzo 2022
    ... ... Chernobieff , 161 Idaho 537, 539, 387 P.3d 790, 792 (2016) (quoting In re Doe , 147 Idaho 243, 248, 207 P.3d 974, 979 (2009) ). However, to determine whether there was an abuse of discretion, we independently review the record ... ...
  • State Of Idaho v. Doe, 36606.
    • United States
    • Idaho Supreme Court
    • 5 Mayo 2010
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT