Hampton v. Tinsley

• Decision Date: 08 April 1965
• Docket Number: Civ. A. No. 8650.
• Citation: 240 F. Supp. 213
• Parties: Charles Ansel HAMPTON, Petitioner, v. Harry C. TINSLEY, Warden, Colorado State Penitentiary, Respondent.
• Court: U.S. District Court — District of Colorado

240 F. Supp. 213

Charles Ansel HAMPTON, Petitioner, v. Harry C. TINSLEY, Warden, Colorado State Penitentiary, Respondent.

Civ. A. No. 8650.

United States District Court D. Colorado.

April 8, 1965.

Roland E. Camfield, Jr., Denver, Colo., for petitioner.

Duke W. Dunbar, Atty. Gen., James W. Creamer, Jr., Asst. Atty. Gen. for the State of Colorado, Denver, Colo., for respondent.

DOYLE, Judge.

This is on petition for writ of habeas corpus. The petitioner, a state prisoner who is confined in the Colorado State Penitentiary at Canon City, entered a plea of guilty in the District Court for Arapahoe County to the offense of assault with intent to commit rape on December 24, 1953. Thereafter he was sentenced pursuant to the Sex Offenders Act, Chapter 39, Article 19 of 1953 and 1963 Colorado Revised Statutes, to the Colorado Psychopathic Hospital at Pueblo for a period of not less than one day nor more than his natural life.

Subsequently, on December 1, 1960, by order of the Governor of Colorado, petitioner was transferred to the Colorado State Penitentiary at Canon City for safekeeping. The order further provided: "* * * and that he remain in said institution until and unless a further order is issued by the Chief Executive of the State of Colorado."

In his homemade petition for issuance of a writ of habeas corpus, it is alleged that defendant has not been convicted of any crime but in fact was found not guilty by reason of insanity. Notwithstanding the alleged form of the judgment, the petition continues that when he was sent to the penitentiary for safekeeping he was not assigned to the cell house which has to do with mental patients, but instead was given a penitentiary classification number and that since 1960 he has been invalidly confined as a convicted inmate of the penitentiary.

Counsel was appointed, and following the issuance of an order to show cause the basis for the present petition was articulated more clearly in the traverse filed by petitioner's counsel to the answer of the State of Colorado. The points which are there set forth and which form the basis of these proceedings are the following:

1) Referring to the petitioner That his guilty plea was accepted although he was informed of incorrect sentence alternatives;

2) That at the time he was sentenced and judgment was pronounced petitioner was insane, or at least the judge had reasonable doubt of his sanity, all in violation of C.R.S. '53, 39-8-6; furthermore, that petitioner was denied a jury trial on the issue of his sanity at the time of judgment and at the time of sentencing;

3) That the State of Colorado has violated the spirit and the letter of the sentence in that the Executive Branch of the State Government has increased the severity of the sentence without due process of law.

The respondent maintains that this Court lacks jurisdiction because of the failure of petitioner to exhaust his state remedies as required by Title 28 U.S.C. § 2254.

The question whether there has been sufficient exhaustion of state remedies has been previously considered by this Court and a Memorandum Opinion and Order handed down on December 13, 1964. The efforts of the petitioner to attract the attention of the State courts are sufficiently described in that order so that it is unnecessary to repeat any of those matters. It is sufficient to say that this Court is convinced that it has jurisdiction to consider this case on its merits.

It is to be noted that when this matter first came before the District Court for the County of Arapahoe, the Honorable Osmer E. Smith, Judge, immediately appointed counsel to represent the accused. The offense was a particularly heinous one because of the fact that the alleged victim of the assault was the defendant's mother. Furthermore, there was no lack of effort on the part of the very conscientious Judge Smith to protect the defendant's rights. Following the entry of the plea of guilty on December 24, 1953, the trial Court noted that "the defendant herein does need some further treatment." This observation was based upon a letter which was then before the Court from the Colorado Psychopathic Hospital. The trial Court's Order then continued:

"IT IS ORDERED that the staff physicians at the Colorado Psychopathic Hospital shall submit to the Court a complete report concerning the defendant Charles Ansel Hampton and include therein all facts and findings necessary to assist this Court in determining whether it shall impose sentence under the provisions of said Chapter 89, Session Laws of Colorado, for the year 1953. The Sex Offenders Act heretofore referred to."

Following the entry of this Order the Court proceeded to admonish the defendant as to the consequences of his plea of guilty. After ascertaining that the defendant was then eighteen years of age, the Court said:

"Before accepting your plea of guilty to the second count of the information, the Court desires to advise you that you could be sentenced — How old is this boy?

"MR. FITZPATRICK: Eighteen.

"THE COURT: There are two possibilities there:

"You can be sentenced to the State Penitentiary at Canon City for a term of not less than one nor more than fourteen years, or possibly to the State Reformatory at Buena Vista for an indeterminate term as provided by law until released by the Warden. The place to which you would go would depend upon your former record and possibly somewhat upon the discretion of the Court.

"Now, also under a law passed by the Legislature in 1953, in lieu of the sentence provided by law, — that is in lieu of the sentence that I have just now advised you about — the Court may sentence you to any state institution — and that includes mental institutions as well as penal institutions —`as hereinafter provided' for an indeterminate term, for a minimum of one day and a maximum of your natural life.

"Now, having advised you of the consequences of your plea of guilty to the second count, do you still desire to plead guilty?

"THE DEFENDANT: Yes, sir.

"THE COURT: All right. The plea of guilty will be received. That is all, and you will be remanded back to the custody of the Sheriff until we see whether they want you any more out at the Psychopathic Hospital."

On January 11, 1954, the matter came on for sentencing under the 1953 Act (that previously referred to) and the Court proceeded to pronounce the sentence of not less than one day nor more than life. In the course of pronouncing sentence the Court found that the defendant had been in the Colorado Psychopathic Hospital and that a report had been rendered. The Court further found that the matters contained in the report were such as to authorize and justify the imposition of sentence pursuant to the Act. The Court further concluded that the defendant constituted a threat of bodily harm to the members of the public and "is unquestionably mentally ill." The Court then continued: "* * * in lieu of the sentence as provided by law, hereby sentences Charles Ansel Hampton to the Colorado State Hospital at Pueblo for a period of not less than one day nor more than his natural life."

It is noteworthy that the defendant firmly believed that he had been committed as an insane person and that he was not sentenced to a penal institution; in fact, he believed that he had been adjudged not guilty by reason of insanity. At the hearing which was held in this Court on February 2, 1965, the defendant was firmly of this belief.

It is not difficult to understand why the defendant might have been confused considering the proceedings as set forth above. In this connection it is to be noted that the plea of guilty was not entered by the accused, but by his counsel; in his presence, to be sure. The following discloses this:

"MR. GRAHAM: (The Deputy District Attorney) At this time we ask that the defendant enter his pleas as to the first count of the information and also the second count.

"MR. FITZPATRICK: The plea to the first count of the information is not guilty; and the plea to the second count of the information is guilty."

The confusion of the defendant arises from the fact that he was committed to the Colorado General Hospital for observation and report and that the judge made a finding that he was mentally ill when he sentenced him. Moreover, the proceedings in open court strongly suggest that this was a commitment rather than a sentence. In any event, we are convinced that the defendant is truthful in asserting that he believed that he was being committed as a mental incompetent.

The evidence before the Court relative to the condition of the accused at the time is highly relevant. On December 10, 1953, a report was given to the Court by Dr. Theodore Chemodurow, Psychiatric Resident at the Colorado Psychopathic Hospital. In this letter, Dr. Chemodurow expressed the opinion that: "We feel that he knows right from wrong. He, however, has deep-seated impulses which he cannot control and of which he is unaware, but must act upon these impulses. This explains his aberrant and uncontrollable sex behavior which makes him dangerous to himself and to his family and to society. It is our opinion that he will receive maximum benefit within an institutional setting." One gleans from this the definite impression that the doctor was reporting that although the defendant knew the difference between right and wrong, he was unable to control his impulses and was unable to refrain from doing wrong. Seemingly, the report given was ambiguous because on December 24, 1953, the Court demanded a complete report to include the facts and findings necessary to assist the Court in pronouncing sentence. At that time the Court stated: "Also if you want this boy back at the hospital for further observation, kindly advise." Following that, Dr. John N. Fortin wrote, on December 29, 1953, that Dr. Theodore Chemodurow was on vacation. A detailed report was forwarded. In Dr. Fortin's letter it was said:

"Our opinion, as stated previously, is

...