McKenzie v. United States

• Decision Date: 20 May 1959
• Docket Number: No. 6057.,6057.
• Citation: 266 F.2d 524
• Parties: Easton Ray McKENZIE, Appellant, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Tenth Circuit

266 F.2d 524 (1959)

Easton Ray McKENZIE, Appellant, v. UNITED STATES of America, Appellee.

No. 6057.

United States Court of Appeals Tenth Circuit.

April 30, 1959.

Rehearing Denied May 20, 1959.

Bennett S. Aisenberg, Denver, Colo. (Edwin Langley and A. Camp Bonds, Muskogee, Okl., on the brief), for appellant.

Frank D. McSherry, U. S. Atty., Muskogee, Okl., and Harry G. Fender, Asst. U. S. Atty., Wagoner, Okl. (Paul M. Brewer, Asst. U. S. Atty., Muskogee, Okl., on the brief), for appellee.

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and KNOUS, United States District Judge.

PICKETT, Circuit Judge.

The defendant, Easton Ray McKenzie, was convicted by a jury on a two-count indictment charging him with the crime of kidnapping, in violation of 18 U.S.C.A. § 1201, and sentenced to life imprisonment. The defense was insanity at the time of the commission of the offense. The only issue here is whether the court erred in not granting defendant's motion for judgment of acquittal, made at the close of all the evidence.

The evidence is without conflict that on August 14, 1954 the defendant, after forcing a thirteen year old girl and her ten year old brother into his automobile at Fort Smith, Arkansas under the threat of death, transported them to LeFlore County, Oklahoma, where he beat and raped the girl. Shortly thereafter he was arrested by local officers and later released to the Federal authorities. On September 29, 1954, after the indictment had been returned, upon application of his court-appointed attorney, the District Judge ordered the defendant transferred to the Medical Center for Federal Prisoners at Springfield, Missouri for examination as to his mental condition. Upon receiving a report from the hospital indicating that the defendant was in a state of insanity and incompetency to the extent that he could not cooperate in the preparation of his defense, the court ordered a hearing for the determination of defendant's mental condition. On November 30, 1954 the District Judge, acting under the provisions of 18 U.S.C.A. § 4244, found the defendant legally insane at that time and ordered him committed to the Medical Center for Federal Prisoners at Springfield, Missouri. The defendant remained in that institution until February 21, 1958, when he was found to be mentally competent to stand trial on the charges pending against him.

To sustain the plea of insanity, Selective Service records were introduced which showed that the defendant had been rejected for military service in 1943 because of paranoid psychosis, and other reasons.¹ A police captain of Fort Smith testified that he had known the defendant for some time and had talked to him early in the evening of August 14, several hours before the commission of the alleged offense; that he noticed the defendant was acting peculiarly and that his face had a wild and far-away look; and that he did not seem to reach him with his statements and questions. The officer did not believe the defendant to be drunk at the time, but told him that he thought something was wrong with him and suggested that he go home. This testimony was followed by that of seven physicians and psychiatrists, all except one of whom were, or had been, employed by the United States in that capacity, and all of whom had treated the defendant while in government hospitals or had been called upon to determine his mental condition or had examined his hospital record² These doctors were of the opinion that the defendant was a paranoid psychotic on August 14, 1954 and did not know the difference between right and wrong, and was not criminally responsible for his acts. Dr. Hewitt, a neurologist and neurosurgeon practicing in Muskogee, Oklahoma, testified that the defendant was brought to his office on September 25, 1954 for an examination to determine his mental condition and that he concluded from his examination that McKenzie was a paranoid schizophrenic and recommended at that time that he be sent to the government hospital at Springfield, Missouri for observation. He said that he felt the defendant was "very seriously mentally ill" at the time of the examination. He also stated that it was doubtful that the condition would improve, but there might be remissions.

To establish the sanity of the defendant at the time of the offense, the prosecution offered the testimony of lay witnesses who observed him a short time prior to the alleged offense, and of officers who made the arrest or questioned him later. Two of these witnesses, who worked in a cafe and bar, saw him on the night of August 14, 1954, and testified that they noticed nothing unusual about his behavior. Both said that they were busy and paid no particular attention to him. Two Arkansas officers testified that when the defendant was arrested, he had a knife in his hand which he refused to give up. He dropped the knife when one of the officers loaded a shotgun. The two officers also testified that the defendant voluntarily stated that the girl had not been harmed. An Oklahoma Sheriff testified that the defendant, while being taken to jail, told him that the two children helped him start his stalled automobile and he decided to take them for a ride and buy them something to eat; that he drove into the country where his car again stalled, but he did not harm the children. An F.B.I. agent testified that he questioned the defendant the day after the crime and the defendant told him that he had been drinking in various beer parlors the night before, but denied taking the children in his car. He said that he observed nothing unusual about the defendant and that he answered questions intelligently. None of these witnesses was either acquainted with the defendant or aware of his previous conduct or behavior. They were not asked to express opinions as to the defendant's mental condition and were not qualified to do so. Before a non-expert witness is competent to testify to the sanity or insanity of another person, he must show an acquaintance of such intimacy and duration as to clearly indicate that his testimony will be of value in determining the issue. The conclusion must be based upon the witness's testimony as to specific instances of behavior or conduct. Turner v. American Security & Trust Co., 213 U.S. 257, 29 S.Ct. 420, 53 L.Ed. 788;³ De Bruin v. De Bruin, 90 U.S.App.D.C. 236, 195 F.2d 763; Dean v. United States, D.C.W.D.Okl., 150 F.Supp. 541; Lac Coarce v. State, Okl.Cr., 309 P.2d 1113; State v. Schneider, 158 Wash. 504, 291 P. 1093; Annotation 72 A.L.R. 579. The court denied a motion for judgment of acquittal and submitted the question of insanity to the jury.

It is conceded by the prosecution that defendant's sanity was an essential element of the crime charged, and that it had the burden of proving defendant sane beyond a reasonable doubt. Davis v. United States, 160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499; Wright v. United States, 102 U.S.App.D.C. 36, 250 F.2d 4. If there is a failure to prove an essential element of the offense, the defendant is entitled to an acquittal....