Emanuel v. State, 53175

• Decision Date: 21 April 1982
• Docket Number: No. 53175,53175
• Citation: 412 So.2d 1187
• Parties: Charles Edward EMANUEL v. STATE of Mississippi.
• Court: Mississippi Supreme Court

Page 1187

412 So.2d 1187

Charles Edward EMANUEL v. STATE of Mississippi.

No. 53175.

Supreme Court of Mississippi.

April 21, 1982.

Louis Fondren, Pascagoula, for appellant.

Bill Allain, Atty. Gen. by Frankie Walton White, Sp. Asst. Atty. Gen., Jackson, for appellee.

En Banc.

WALKER, Justice, for the Court:

Charles Edward Emanuel was convicted and sentenced to life imprisonment for the murder of Michelle Pino in the Circuit Court of Jackson County. Feeling aggrieved, he appeals. We affirm.

The first question which we address is whether the court erred in refusing to grant a jury hearing to the defendant on the question of his mental competency to stand trial.

The trial of a defendant, when his mind is so clouded that he cannot remember and intelligently relate what occurred at the time of the commission of the alleged offense, is a denial of due process and contrary to public policy, and when it appears to the trial court that there is a probability that defendant is incapable of making a rational defense, the trial should not proceed until the defendant's mental condition has been investigated and it appears that he is sufficiently rational to make a defense. Barr v. State, 359 So.2d 334 (Miss.1978); Pace v. State, 218 Miss. 614, 67 So.2d 521 (1953); Shipp v. State, 215 Miss. 541, 61 So.2d 329 (1952); Williams v. State, 205 Miss. 515, 39 So.2d 3 (1949); Carter v. State, 198 Miss. 523, 21 So.2d 404 (1945); Hawie v. State, 121 Miss. 197, 83 So. 158, 10 A.L.R. 205 (1919).

In Williamson v. State, 330 So.2d 272 (Miss.1976), we commented:

Ordinarily, where there is a serious question of an accused's sanity or competency to stand trial, that issue should be submitted to a separate jury prior to a trial on the merits of the charges against the accused. (330 So.2d at 275).

When the competency of a defendant to stand trial is raised, the trial court should preliminarily, prior to trial, conduct a hearing to determine whether there is a probability that defendant is incapable of making a rational defense.

It naturally devolves upon the defendant to go forward with the evidence to show his probable incapacity to make a rational defense.

After hearing all the evidence, the trial judge should weigh the evidence and make a finding as to whether there is a probability that defendant is incapable of making a rational defense. If the evidence shows such a probability, then the trial court should impanel a jury to decide that issue prior to trial on the merits.

If the trial court is of the opinion, after weighing the evidence both for the state and the defendant, that there is not sufficient proof to show a probability that defendant is incapable of conducting a rational defense, he should make such finding a matter of record. The case may then proceed to trial on the merits.

When the trial court has made a finding that the evidence does not show a probability that the defendant is incapable of making a rational defense, we will not overturn that finding unless we can say, from the evidence, that the finding was manifestly against the overwhelming weight of the evidence. The evidence must show more than a possibility that defendant is incompetent to stand trial-the evidence must go further until it appears to the trial court that there is a probability that defendant is incapable of making a rational defense. In this initial inquiry, the trial judge must weigh the evidence and be the trier of the facts.

In the case sub judice, the defendant filed his motion containing a suggestion of insanity and requested a mental examination. That motion was sustained, and an examination was conducted. Later, the defendant was sent to Whitfield for further mental examination.

Thereafter, the trial judge conducted a preliminary hearing on the question of whether there was a probability that the defendant was incapable of aiding and assisting his attorney in conducting a rational defense. At the hearing, he heard the testimony of Dr. Kent Walter Andrews, PhD, a psychologist, also Dr. Malcolm Latour, a psychiatrist, and Dr. William D. Bridges, a psychiatrist. Additionally, the court heard the testimony of the defendant's mother, Mrs. Barbara Emanuel. After hearing extensive testimony from these witnesses, which included a probing, lengthy cross-examination as well as a series of questions propounded by the court, observing the witnesses, and weighing the evidence before it, the court found that there was no probability that the defendant, Emanuel, was insane or incompetent to aid and assist his attorneys in presenting a rational defense.

The court summed up its findings as follows:

BY THE COURT: Alright. Well, all three doctors have testified that he knows right from wrong, Mr. Fondren. So, I think that there is not even a remote possibility of insanity, based on the testimony before the Court that two psychiatrists and one psychologist have examined him and determined that he does know right from wrong at the time they examined him and at the time the crime was committed. They all agree that he is in the average to low-normal-and I'll just take low-normal as the testimony-range of intelligence. All have testified he has ability to recall events that have happened in the past and to relate them; so there is no probability or reasonable probability that the Defendant is insane. Quite the contrary from all three doctors' testimony. All three have unequivocally stated that he is, in fact, sane. In fact, Dr. Andrews said he has concrete understanding of the charges against him and various factors and facts that pertain thereto. The only discrepancy is whether he is suffering from schizophrenic personality or not, or whether it's drug influenced. He told Dr. Bridges about his drugs. But all three have agreed that, even if he had a schizophrenic personality, this, in itself, would not prevent him from being of assistance. That is a character or personality defect which has certain trends and characteristics. All three have testified that this defendant could tell you the facts that occurred and could help you, as attorney, to prepare for trial before trial. They have all three indicated that he would be emotional and have problems reacting under stress, but the most intelligent person in the world ... in fact, some of the geniuses that we have can't handle stress very well and, in varying degrees, some of them handle it very poorly. So, that's nothing abnormal, or certainly, nothing to prevent him from aiding you in the trial. This is normal, depending on the various individuals. I think all three doctors have indicated that, during trial, whether you should put him on the stand or not may be a question that needs to be resolved by you, and how much assistance he can be, and so forth. But that's a matter for the attorney to determine-what's the best way to use his witness. And that's not unusual, and certainly it's not because of any mental condition. It's a question of personality and his own character. So, there's nothing to give this Court any reasonable probability to suspect that the defendant is insane or incapable of aiding the preparation of his trial. I think what all three doctors have indicated, he will probably make you a very poor witness should you decide to put him on the stand. And of course, that is true that people of high intelligence make a poor witness at times, so that's no grounds for saying that he can't stand trial. But, anyhow, on your motion to have a jury trial, there is simply no evidence. Even his own doctor has testified that he is sane. Two of them indicate they feel like he has some schizoid personality defect. The thing that concerns this Court most is that all of them have indicated that this defendant, placed under the same or similar circumstances, could be expected to commit the same crime again. Some of them have indicated that it is progressive; he can be expected to kill again in the future. Now, this is a great deal of concern, I think, to this Court and to everyone who happens to have to deal with matters of a criminal nature. But it certainly doesn't mean that he can't stand trial or aid in the preparation of his defense. That's the only issue that is before the Court now. Based on the three doctors' testimony, it's undisputed that he is sane; and there is no jury issue presented by this testimony for me to submit to a jury on a separate trial. So, I'll overrule the motion for a jury trial on the issue of insanity or ability to stand trial....

Based on all the doctors' testimony, however, during the trial, should you need to consult with your defendant, since they've said he does have a tendency to become emotional, I will allow you certainly, in order to consult with your client if you feel it necessary and can't do it in the courtroom, I will allow you ample time to have a recess and take your client out to a room where you can sit down and talk to him if that becomes a problem. And I will assure you that I'm going to do everything to see that he receives a fair and impartial trial. I will not rush the trial in any way, in view of the doctors' testimony about his problems in handling emotional situations and stress situations; but I will give you that benefit. So, if you feel during the trial that you need some extra time to talk to him, you can bring it to the Court's attention and I'll take care of it at that time. Okay?

BY MR. FONDREN: Thank you, Your Honor. (Emphasis added).

We have carefully reviewed this record, including the testimony of the above named witnesses, much of which was conflicting, and are unable to say that the findings of the trial judge with reference to whether there appeared to him a probability that Emanuel was insane or incompetent to aid and...