Bryant v. State, 60076

• Decision Date: 13 March 1978
• Docket Number: No. 60076,60076
• Citation: 563 S.W.2d 37
• Parties: Russell Lee BRYANT, Movant-Appellant, v. STATE of Missouri, Respondent.
• Court: Missouri Supreme Court

Page 37

563 S.W.2d 37

Russell Lee BRYANT, Movant-Appellant, v. STATE of Missouri, Respondent.

No. 60076.

Supreme Court of Missouri, En Banc.

March 13, 1978.

Rehearing Denied April 10, 1978.

William G. Mays, II, Columbia, for movant-appellant.

John D. Ashcroft, Atty. Gen., Paul R. Otto, Frank J. Murphy, Asst. Attys. Gen., Jefferson City, for respondent.

BARDGETT, Judge.

Russell Lee Bryant filed a motion under Rule 27.26 to vacate the judgment and twenty-five-year sentence imposed upon him following his plea of guilty to rape. The circuit court overruled the motion and Bryant appealed to the Missouri court of appeals, Kansas City district. The court of appeals reversed the circuit court judgment and thereafter this court sustained respondent's motion to transfer filed under art. V, sec. 10, Mo.Const., as amended 1970.

The question of general interest or importance in this case is whether the trial court is required to, sua sponte, hold an evidentiary hearing on a defendant's mental competence to proceed to trial whenever a psychiatric report indicates the defendant is suffering from a mental disease or defect under sec. 552.010, RSMo 1969, ¹ even though the report also states that the defendant understands the nature of the charges against him and he is able to cooperate with counsel in his own defense.

In Pate v. Robinson, 383 U.S. 375, 378, 86 S.Ct. 836, 838, 15 L.Ed.2d 815 (1966), the Court said, "A determination of these claims (the duty to hold a hearing re mental competence to proceed) necessitates a detailed discussion of the conduct of the trial and the evidence touching upon the question of Robinson's competence at that time (at trial)."

The allegations of movant necessitate the following detailed discussion of the proceedings before the circuit court which led to movant's conviction and imprisonment.

Movant Bryant had been charged in a two-count indictment with kidnapping and forcible rape in the circuit court of Boone county. The crimes were alleged to have occurred on August 30, 1973. Counsel was appointed and a psychiatric examination of movant was ordered by the circuit court pursuant to chapter 552 and was performed by a Dr. Philip Marco who rendered a report on January 10, 1974, and a supplementary report on February 21, 1974. The report dated January 10, 1974, stated in part:

"Course in Hospital: He adjusted well to the ward and interacted well with the other patients. He was elected president in a patient/staff meeting and functioned well. He is making plans to complete high school at Hickman High School. He was discharged December 19, 1973.

Diagnosis: 1. Hysterical personality--moderately severe

2. Hysterical neurosis, dissociative type--severe

3. Marital maladjustment--moderately severe

4. Anemia secondary to folate deficiency

5. Reactive hypoglycemia--mild

Discussion:

1. Russell was informed about hypnosis being of help in recalling difficult emotional experiences that were either forgotten or were difficult to recollect and he agreed to participate in this treatment, however because of stormy weather and scheduling time around his job, four appointments have been cancelled. I would like to complete my evaluation if it would please the court, for this examining period to be extended another two or three weeks so that I may explore the hypnotherapy the amnestic periods that Russell exhibits concerning the events at issue.

2. Russell Bryant is aware of the nature of the charges against him, his part in the proceedings in the court and he is able to cooperate with his counsel in his own defense, therefore in my opinion, he is competent to stand trial.

3. Hysterical personality and hysterical neurosis dissociative type are considered a mental disease or illness in the Diagnostic and Statistical Manual of Mental Disorders of The American Psychiatric Association and fulfill the definition of 552.010 RSMo. He had manifestations of this illness during hospitalization in March 1973 in Anchorage, Alaska.

4. It is extremely difficult to give an opinion as to whether at the time of the alleged criminal conduct the accused, Russell Bryant, did not know or appreciate the nature, quality or wrongfulness of his conduct or as a result of mental disease was incapable of conforming his conduct to the requirements of law. I can state that to the best of my knowledge Bryant does not exhibit any impairment of his cognitive faculties except that at times he exhibits poor judgement but there is no apparent impairment of perception, there is a question concerning his memory functioning. It can be posited that under severe emotional stress Russell may have difficulty in immediate recall and have amnestic states as a result of his dissociative reaction.

5. It is recommended that since Bryant does not pose a dangerous threat to the community that he be allowed to enroll in high school and graduate and maintain his job and that he be placed under probationary supervision. Individual or group psychotherapy, especially including his wife, would be very helpful to help him develop insight for a better self image of himself and a better masculine identification. " (Emphasis supplied.)

The February 21, 1974, supplementary report of Dr. Marco stated movant had been seen again on January 24, 28, February 8 and 11, 1974, and further stated:

"As to the issue of criminal responsibility, I refer to the report of January 10, 1974, paragraphs 3 and 4 in The Discussion. Again it is difficult to be firm that at the time of the alleged act, the accused, Russell Bryant, did not know or appreciate the nature, quality or wrongfulness of his conduct nor can I recommend that as a result of mental disease he was incapable of conforming his conduct to the requirements of the law. To the best of my knowledge Bryant does not exhibit impairment of his cognitive faculties, except that at times he exhibits poor judgement and poor memory. Under severe emotional stress, he may have difficulty in immediate recall and have amnestic states as a result of his dissociative reaction.

Further, in spite of history of 'passing out' on several occasions and the suggestion of 'post ictal' state, no organic evidence was found to substantiate impairment of cognitive faculties at the time of arrest and the subsequent voluntary act of giving up his rights. Although it appears that Mr. Bryant voluntarily confessed, I am struck by the enormity of his response to fear and the subsequent difficulty he has in talking to me about the events and the mental mechanisms of denial and suppression that are presently operating. " (Emphasis supplied.)

On February 25, 1974, ² movant and his attorney appeared in court. Movant withdrew his previous plea of not guilty and entered a plea of guilty to count two, rape. Count one, kidnapping, was subsequently dismissed. In connection with the guilty plea, the circuit court interrogated movant at length. Most of the dialogue between the court and movant consisted of the court informing movant of his various rights and asking him if he understands what he has been told or if the court's statement as to a matter is correct, to which the movant's replies usually consisted of "Yes, your Honor." When asked to recite the events of August 30, movant replied that he did not remember. He said the last thing he recalled that day was leaving home about 8 p. m. in his car with Ernie Baker and John Gallup and going to a street dance in Columbia and drinking, presumably intoxicants. He next recollected being at home about 1:30 or 2 a. m. the next day and going to work. He could not recall giving a statement to the Columbia police. The court discussed his amnesia with him and movant acknowledged that he understood that if he desired to raise mental disease or defect as a defense he would have to plead it and he declined to do so. The court asked him to state why he should enter a plea of guilty to the charge of rape since he had no recollection of the matter, and the movant stated: "Well, Your Honor, for one thing, it was my car, I did leave the house with the two guys and I don't know where I was, don't remember, it's her word against mine so in her case her is stronger than mine."

The court requested the prosecutor to state the facts and told movant to pay attention. The prosecutor then read a statement taken from movant. It included date and place of birth, home address, marital status, and that he had a seven-month-old son; type, color and year of the car he owned; that he left in the car with the two people named supra, and that they were going rabbit hunting. The court then asked movant about these matters and he acknowledged that each item was correct. The details of the rape were read from the statement and additional testimony was outlined by the prosecutor. Movant acknowledged he understood the state would prove the stated facts. His appointed counsel was also questioned. The prosecutor recommended a sentence of twenty-five years and the defense attorney requested a presentence investigation. The judge again asked movant if he still desired to plead guilty and movant said yes. Presentence investigation was ordered and the cause laid over.

On June 3, 1974, the parties and attorneys again appeared in court for the purpose of finally disposing of the case. Defense counsel reviewed movant's life and the crime in detail pointing out certain mitigating factors and asked the court to consider movant for a probation hearing. The court then imposed a sentence of twenty-five years and set a probation evidentiary hearing for June 6, 1974.

On June 6, 1974, the parties and attorneys again appeared in court. Dr. Philip Marco, the psychiatrist who previously examined movant, appeared and testified. He first saw movant in November 1973 for the purpose of examining him for competency to stand trial and for criminal responsibility. Movant was an in-patient at Missouri University Service Psychiatric Division from about November 17 to...