Bryan v. State, F-95-84
| Decision Date | 04 March 1997 |
| Docket Number | No. F-95-84,F-95-84 |
| Parties | 1997 OK CR 15 Robert Leroy BRYAN, Appellant, v. The STATE of Oklahoma, Appellee. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Robert Leroy Bryan was tried by a jury and convicted of Murder in the First Degree in violation of 21 O.S.1991, § 701.7(A), in the District Court of Beckham County, Case No. CF-93-61. The jury found that Bryan (1) was previously convicted of a felony involving the use or threat of violence, and (2) probably would commit criminal acts of violence that would constitute a continuing threat to society. In accordance with the jury's recommendation, the Honorable Charles L. Goodwin sentenced Bryan to death. Bryan has perfected his appeal of this conviction and raises nineteen propositions of error.
Bryan was convicted of killing his elderly aunt, Inabel Bryan. At the time of the crime, Bryan was in his fifties, suffered from severe diabetes, and lived with his parents at their family farm in Beckham County. Around September 6, 1993, Bryan arranged to rent a Lincoln Town Car. Bryan specifically requested a car with a large trunk. He rented the car on September 8. Around 2:30 p.m. on Saturday, September 11, Bryan bought a distinctive lavender chrysanthemum plant at the Elk City Homeland grocery store. That evening a bystander helped Bryan change a tire on the Lincoln and saw a .22 rifle in the trunk. When Bryan returned the Lincoln on September 13, it had a .22 bullet near the driver's seat and grass and weeds stuck in the undercarriage. Bryan could not pay for the car on the 13th, but showed the dealership manager a check for $1680 made out to him by his aunt Inabel. He paid for the car the following day. Bryan and his family agreed that they seldom spoke to Inabel, had not seen her since July 17, 1993, and did not have business dealings with her.
According to the last entry in her diary, on September 11 Inabel woke at her house near Sweetwater in Roger Mills County, did chores, visited with friends, fixed and ate her lunch, studied her Sunday School lesson, picked up the mail, and took a nap. Her daughter, Linda Daley, became alarmed when she could not reach Inabel by telephone on either September 12 or 13. At the children's request Inabel's neighbor, Don Walker, went to her house twice in the late evening of September 13. Walker found that two throw rugs were disturbed, the living room curtains were open, the bed was unmade and Inabel was not there. He and his wife looked around the outbuildings, in closets and under beds. The next morning Walker returned and found Inabel's suitcase and a small overnight case containing medicines. Inabel's children, neighbors and law enforcement officials began the first of several searches of the area. Inabel's open diary was found near her reading chair, along with her open Bible and church attendance card filled out for Sunday, September 12. Daley noticed a fresh lavender chrysanthemum plant with no card on a table near the front door.
On September 16, Oklahoma State Bureau of Investigation (OSBI) and FBI agents searched a section of land adjoining the Bryan family farm. Inabel's body was found lying next to a combine in a stand of trees approximately a quarter mile from the Bryan house. Her head was covered with a stained pillowcase, and duct tape was loosely wrapped around her neck. A towel lay across one leg. She had been shot once in the forehead. Subsequent searches of the site revealed more duct tape, what appeared to be a tape-and-cloth gag, a Homeland floral receipt dated September 11, and a large mushroom with a tire track imprint. During the search agents talked to Bryan, his mother and father; after the body was found the family consented to a search of their house and outbuildings. The house and field were searched again on September 17. Items found in the house included a .22 rifle with several boxes of shells, several expended shells, a pair of Bryan's overalls with a spent .22 shell casing in the pocket, a roll of duct tape matching tape found at the crime scene, and several blank checks. Also found were checks bearing Inabel's signature made out to Bryan on her account, and many handwritten documents detailing business agreements between Inabel and Bryan in which Inabel agreed to pay Bryan or assign him property.
In Proposition VIII Bryan claims that forcing him to prove his incompetence to stand trial by clear and convincing evidence at his competency trial violated his right to due process of law and a reliable sentencing proceeding. Bryan pleaded not guilty at his December 15, 1993, arraignment. His retained attorney raised a doubt as to Bryan's competency based on Bryan's physical deterioration due to advanced diabetes, and because he had been determined incompetent in a previous case. The trial court ordered a competency evaluation. Bryan declined to accept the psychologist's report finding him competent, and a jury trial on the issue of competency was held on December 30, 1993, before the Honorable Doug Haught. The jury found Bryan competent to stand trial.
Under the statute in effect at the time, Bryan was required to prove his incompetence to stand trial by clear and convincing evidence. 1 In Cooper v. Oklahoma 2 the United States Supreme Court held this standard violates a defendant's right to due process, and that the proper standard is a preponderance of the evidence. Pursuant to Cooper this court remanded the case to the District Court of Beckham County to determine whether it was feasible to conduct a retrospective hearing on Bryan's competency to stand trial at the time of trial using the correct standard, and if so, to hold the hearing. 3 On July 24, 1996, the Honorable Charles L. Goodwin determined that such a hearing was feasible, and on August 27 and 28, the Honorable Floyd D. Haught conducted a retrospective post-competency examination jury trial. The jury found by a preponderance of the evidence that Bryan was not incompetent to stand trial in January, 1995. Bryan's due process rights were not violated by these competency proceedings, and this proposition is denied. 4
In Proposition VII Bryan claims the trial court abused its discretion by refusing to order a second competency evaluation after being presented evidence from defense counsel and a psychiatrist that Bryan was incompetent to stand trial. This proposition is moot, as Bryan has received a full retrospective competency hearing, in which he had the opportunity to present the evidence he claims the trial court erred in failing to hear in previous proceedings. 5
Bryan submitted a brief containing six supplemental propositions based on his retrospective competency proceedings. The State did not respond to these arguments. Supplemental Proposition I is addressed in the discussion of Proposition VII, infra. In Supplemental Proposition II Bryan claims the jury's retrospective finding that he was competent to stand trial on January 10, 1995, was not supported by competent evidence. The jury's verdict must be supported by evidence showing that it was more likely than not Bryan was not incompetent. 6 Bryan's witnesses agreed that he is an intelligent man who understood the nature and consequences of the proceedings against him. Bryan presented several witnesses including a nuclear specialist who testified about organic brain damage. Two psychiatric experts concluded that, due to his delusions, Bryan probably could not have effectively and rationally assisted counsel in his defense at his January, 1995 trial. Bryan's witnesses testified that he appeared rational unless questioned about Beckham Farm One, the subject of his delusions. Bryan argued that his delusions tied to his understanding of the crime, and led him to believe in persons and meetings that did not exist. He claimed this belief prevented him from assisting in his defense, as he continually directed his attorneys to discover nonexistent evidence. The State's medical witnesses believed Bryan was competent based on examinations conducted in December, 1993, and throughout early 1994. The State also presented lay witnesses who testified that Bryan appeared competent and non-delusional while incarcerated before trial. The State introduced letters Bryan wrote before trial to show he was aware of his physical condition (See Supplemental Proposition V), and documents Bryan wrote immediately after his jury trial, to show he understood the nature of the proceedings. These materials confirm Bryan's witnesses' descriptions of his delusions. However, as the State argued at the competency trial, the jury could have believed that Bryan's delusions were merely lies designed to protect him from responsibility for his aunt's death. Overwhelming evidence showed Bryan understood the nature and consequences of the proceedings and at least attempted to assist counsel in his defense. Any rational trier of fact could have found, from the evidence presented, that Bryan was competent to stand trial on January 10, 1995. This proposition is denied.
In Supplemental Proposition III Bryan argues the competency trial court erred in failing to instruct the jury not to consider his guilt or innocence of, or conviction for, the crime charged. Bryan's requested Instruction 4 would have prohibited the jury from considering (1) Bryan's guilt or innocence of the crime charged, and (2) the reasons for the retrospective competency proceedings. The trial court...
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