Mann v. State's Attorney for Montgomery County
Decision Date | 15 December 1983 |
Docket Number | No. 52,52 |
Citation | 468 A.2d 124,298 Md. 160 |
Parties | , 10 Media L. Rep. 1114 Edward Thomas MANN v. STATE'S ATTORNEY FOR MONTGOMERY COUNTY, Gary Reals and The Evening News Association. Sept. Term 1983. |
Court | Maryland Court of Appeals |
George E. Burns, Jr., Asst. Public Defender (Alan H. Murrell, Public Defender, George M. Lipman and Carol G Freeman, Asst. Public Defenders, Baltimore, on brief), for appellant.
Deborah K. Chasanow, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., on brief), Baltimore, for appellee, State's Atty. for Montgomery County and by George R. Clark, Washington, D.C. (William S. Green and Pierson, Ball & Dowd, Washington, D.C., and David Macdonald, Rockville, on the brief) for appellees, Gary Reals and The Evening News Ass'n.
Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.
The issue involved in this case is whether the Circuit Court for Montgomery County erred in ordering that the defendant in a capital murder case, who had been judicially determined to be incompetent to stand trial because of mental illness and ordered committed pursuant to Maryland Code (1982), Health-General Article, § 12-104(b), could nevertheless be interviewed, with his permission, by the media and the prosecution. Under the circumstances present here we hold the trial court was in error.
In view of the narrow question before us a detailed recitation of the factual background of this case is unnecessary. Suffice it to say that Edward Thomas Mann, a former employee of IBM, stands charged in a 75 count indictment of multiple murder, attempted murder, assault with intent to murder and use of a handgun in the commission of a crime of violence. The State has filed notice of its intention to seek the death penalty. During the pretrial phase of the proceedings the trial court held a hearing to determine Mann's competency to stand trial. The trial court ultimately found Mann incompetent to stand trial and caused him to be committed to the Clifton T. Perkins State Hospital. Subsequently, the State's Attorney for Montgomery County filed, in the criminal case, a "Motion for Appropriate Relief" seeking permission to interview Mann. Gary Reals 1 and the Evening News Association moved for leave to intervene for the purpose of also being allowed to interview Mann. From the record it appears that Mann wanted to be interviewed. Following a hearing on these motions the trial court ordered that the interviews could take place.
An appeal was dismissed by the Court of Special Appeals, and we granted certiorari in order to consider the important issue involved.
Prefatorily we observe that as no issue is raised in regard to the propriety of the procedure used here, we do not consider that issue.
(1)
Initially, we must determine whether the order of the trial court appealed from is an appealable order. We find that it is. In a number of cases in recent years, we have had occasion to discuss the issue of appealability. See, e.g., Cant v. Bartlett, 292 Md. 611, 440 A.2d 388 (1982); Montgomery v. State, 292 Md. 155, 438 A.2d 490 (1981); Clark v. Elza, 286 Md. 208, 406 A.2d 922 (1979); Estep v. Estep, 285 Md. 416, 404 A.2d 1040 (1979); Peat, Marwick, Mitchell & Co. v. Los Angeles Rams Football Co., 284 Md. 86, 394 A.2d 801 (1978); and Jolley v. State, 282 Md. 353, 384 A.2d 91 (1978). In each of these cases we recognized that, as a general rule, to be appealable a judgment " 'must be so final as to determine and conclude rights involved, or deny the appellant means of further prosecuting or defending his rights and interests in the subject matter of the proceeding.' " Cant v. Bartlett, supra, at 614, 440 A.2d at 389 (citation omitted). We also recognized a corollary to the general rule, known as the "collateral order exception" engrafted to the final order requirement. As we stated in Peat, supra:
Peat, supra, at 91-92, 394 A.2d at 804.
More recently in Sigma Reproductive Health Center v. State, 297 Md. 660, 467 A.2d 483 (1983), Judge Smith, for the Court, made an exhaustive study of the appealability of interlocutory orders and the collateral order exception to the general rule of finality. In pertinent part Judge Smith stated for the Court:
In the instant case those criteria are met by the order of the trial court. That order clearly determines a disputed question which obviously is an important issue. Furthermore, whether Mr. Mann is interviewed by the media or talks to the State's Attorney is completely separate from the merits of the criminal proceedings. Finally, in our judgment, the order would be effectively unreviewable on appeal from a final judgment in the criminal case since by that time it could well be too late to cure any damage done by whatever is revealed in the interviews. Accordingly, we hold the order to be in that "small class of cases included in the final judgment rule under Cohen," and is thus appealable. Peat, supra at 92, 394 A.2d at 804.
(2)
Turning our attention to the merits of the appeal, we hold that the trial court erred in ordering that Mann could talk to the State's Attorney and be interviewed by the media. Central to our reasoning is a recognition that some five months prior to the instant order (February, 1983) Mann had been judicially determined to be incompetent to stand trial 2 after several days of testimony from many psychiatrists and psychologists. In his oral remarks at that time the trial judge, after reviewing the evidence, stated:
Thus it is clear that the trial judge found Mann suffered from paranoia, 3 that he may not be able to understand rationally the object of the trial, and that Mann's delusional system completely impaired him from assisting in his own defense.
In July, 1983, the trial court held a hearing on motions filed by the State, Gary Reals, and the Evening News Association. These parties sought an order permitting them to interview Mann. We note that Mann acquiesced and in fact initiated these requests. No evidence was received or testimony taken at this hearing, which consisted of argument of counsel for the State, the news media, and the public defender who appeared for Mann.
The trial judge recognized that in February he had found that Mann was not competent to stand trial. However, he found it necessary to balance claimed conflicting constitutional rights 4 and concluded that there would be no prejudice to Mann in permitting the requested interviews. This conclusion was based on the widespread media coverage of the underlying offense, and the fact that the State "probably knows more about what happened on May 28, 1982 [the date of the offense] than the defendant." The trial judge also did not believe an insanity defense would be prejudiced. Significantly, the court stated that in view of his incompetence Mann "could not waive his Miranda 5 rights and, that any statement made to Mr. Mason [Assistant State's Attorney] would not, therefore, be admissible in court...." In regard to the motion of Gary Reals the trial judge held that as Mann had the right to visitors under Maryland Code (1983 Cum.Supp.) Health-General Article, § 10-703, 6 and he wanted to talk to Mr. Reals, he should be permitted to do so. Again, it was found by the trial court that no prejudice was likely to occur.
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