In re Vance

• Decision Date: 26 June 1997
• Docket Number: No. 95-FM-1669.,95-FM-1669.
• Citation: 697 A.2d 42
• Parties: In re Stanley VANCE, Appellant.
• Court: D.C. Court of Appeals

697 A.2d 42

In re Stanley VANCE, Appellant.

No. 95-FM-1669.

District of Columbia Court of Appeals.

Submitted June 4, 1997.

Decided June 26, 1997.

Mack E. Davis, appointed by the court, for appellant.

Jo Ann Robinson, Interim Corporation Counsel, Robert R. Rigsby, Deputy Corporation Counsel, Rosalyn Calbert Groce, Director, Policy and Appeals Branch, Office of the Corporation Counsel, and Sidney R. Bixler, Assistant Corporation Counsel, for appellee.

Before FERREN and STEADMAN, Associate Judges, and BELSON, Senior Judge.

FERREN, Associate Judge:

Stanley Vance appeals from an adjudication of summary contempt arising out of his conduct during a hearing before Judge Christian on August 9 and 10, 1995. On appeal, Vance argues that his conduct did not rise to the level of willfulness required to sustain a summary contempt judgment. Vance further argues that Judge Christian abused her discretion by ordering him incarcerated pending preparation of a presentencing report requested by Vance's trial counsel. We affirm.

I.

On October 20, 1994, Isabell Fernandez sought and received a temporary civil protection order (CPO) protecting her from Vance, the father of her three children. After a hearing on November 3, 1994, Judge Wertheim issued a general CPO ordering Vance to stay away from Fernandez for twelve months. On July 6, 1995, Fernandez filed a petition to hold Vance in contempt for violating the CPO, alleging that Vance had persisted in contacting her and their children in violation of the order, had ultimately persuaded her via intimidation to resume cohabitation, and had then continued to abuse her and the children until she fled. Fernandez maintained that after she fled Vance had persisted in visiting her at her place of employment, where he continued to threaten her.

A hearing on these allegations before Judge Christian began on August 9, 1995. During the testimony of Ms. Fernandez, Vance began to gesture and use other body language in a fashion the court found intimidating to the witness. The court admonished Vance, who apologized profusely — in fact interrupting the court throughout its admonition. For scheduling reasons, counsel for Vance did not complete his cross-examination of Fernandez and the hearing was scheduled to resume the next day. When Fernandez was recalled a day later to complete cross-examination, the court observed Vance making inappropriate gestures. The court again admonished Vance, warning him of the possibility of contempt sanctions. Vance continued to interrupt the trial court with a stream of apologies throughout the court's admonishment, even after the trial court ordered Vance to remain silent.

The next set of incidents occurred when Vance took the stand against advice of counsel. Vance refused to take the oath on religious grounds. When the clerk and the court attempted to explain that an alternative oath existed, Vance continued to interrupt their explanations by repeating "I don't swear." Ultimately, however, Vance was sworn and took the stand. During his testimony Vance gave non-responsive answers and, on cross-examination, engaged in a diatribe regarding acts of racism against him personally and against black people everywhere. Another incident occurred when a person known to Vance entered the court just after Vance had taken the stand. Vance broke off his testimony to say "that's my witness." When the court attempted to ask Vance's attorney whether the person who had just entered was, in fact, a witness, Vance interrupted and repeated that he was. When the court admonished Vance not to speak out of turn, Vance again interrupted the court with a stream of apologies.

Finally, during cross-examination, Vance was asked if he had ever sold drugs. Vance's attorney objected, and the court began to rule. Vance, however, interrupted the trial court to thank her for sustaining the objection. At that point, the trial court found that Vance's conduct had substantially impeded the efficient administration of justice and held him summarily in criminal contempt. Vance's attorney requested a pre-sentencing report. The court agreed — setting a date for sentencing more than a month later — but ordered Vance held without bond until sentencing. Throughout these proceedings, Vance continued to interrupt.

On August 11, Judge Christian entered an order of contempt setting forth the above stated facts. The Judge concluded that Vance willfully had violated the court's order to behave in an appropriate manner and thereby seriously had impeded the ability of the court to function in an expeditious manner. On September 14, Judge Christian sentenced Vance to sixty-five days in prison for contempt of court, giving credit for time served. On September 19, the hearing on Fernandez's CPO petition resumed. After the hearing, the trial court found that Vance had violated the CPO and sentenced him to prison for 180 days (consecutive to the contempt sentence).¹

II.

On appeal of a finding of criminal contempt, we must view the evidence in the light most favorable to sustaining the judgment. See Bethard v. District of Columbia, 650 A.2d 651, 654 (D.C.1994) (per curiam). We may not disturb the trial court findings unless they are "without evidentiary support or plainly wrong." Id. The elements of criminal contempt are "willful disobedience" of a court order and, as a result, "causing an obstruction of the orderly administration of justice." In re Kraut, 580 A.2d 1305, 1312 (D.C.1990) (internal quotation marks omitted). These elements must be proved beyond a reasonable doubt. See id.

Vance challenges the finding of willfulness. He argues that the gestures he made were not threatening or designed to intimidate the witness but were merely the natural consequences of a stressful and unpleasant proceeding. He further argues that, as his words show, he did not intend to be rude or to show any disrespect. Rather, they were merely an anxious — albeit inappropriate — attempt to apologize after accidentally offending the trial court.

"Wrongful intent is a state of mind, and in most cases it cannot be proved directly." (Mark) Thompson v. United States, 690 A.2d 479, 483 (D.C.1997). Whether Vance's gestures were intimidating or not was for the trial judge, who observed his demeanor and the effect of his gestures on the witness giving testimony, to decide. See In re S.G., 581 A.2d 771, 774-75 (D.C.1990). Similarly, the trial court could conclude, despite Vance's apologetic words, that Vance's repeated interruptions and digressions evidenced a willingness to proceed with his own agenda no matter what the court instructed or required. See, e.g., In re (W.Edward) Thompson, 454 A.2d 1324, 1327 (D.C.1982) (per curiam) (concluding that persistent violation of court's instructions regarding improper line of questioning and argument rose "to the level of willful obstruction of the orderly administration of justice" (internal quotation marks omitted)); Irby v. United States, 342 A.2d 33, 41 (D.C.1975) (concluding that repeated interruptions and speaking out of turn supported finding of criminal contempt).

Vance argues, however, that this case is similar to Bethard. There, defendant arrived early for his traffic court adjudication and took a seat in the courtroom. See Bethard, 650 A.2d at 652. While sitting in the public section, Bethard "nodded out" several times and — on three or four occasions — left and returned to his seat, stumbling over other people as he exited and re-entered his row. Id. (internal quotation marks omitted). The trial court found that this behavior made it impossible for the court to conduct business in an orderly fashion and ordered Bethard "stepped back." See id. On appeal, we concluded that the evidence did not support a finding of willfulness, see id. at 654, and that Bethard's behavior, while not to be condoned, "did not require instant suppression and punishment," id. at 655. Vance maintains that his own apologies and nervous gestures fall into the same category of behavior — inappropriate, but not in need of instant suppression and punishment.

Bethard is distinguishable in several ways. In Bethard, we noted that the trial court's written order made no finding of willfulness and that the court had not issued an order or warning which Bethard then had disobeyed. See id. at 653-54. Here, in contrast, the trial court...