Millard v. Cameron, 19584.
Decision Date | 10 October 1966 |
Docket Number | No. 19584.,19584. |
Citation | 373 F.2d 468 |
Parties | Maurice I. MILLARD, Appellant, v. Dale C. CAMERON, Superintendent, Saint Elizabeths Hospital, Appellee. |
Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. David Carliner, Washington, D. C. (appointed by the District Court), with whom Messrs. Jack Wasserman and James Siena, Washington, D. C., were on the brief, for appellant.
Miss Carol Garfiel, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. Max Frescoln, Asst. U. S. Atty., also entered an appearance for appellee.
Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT, Circuit Judge.
In this habeas corpus case appellant attacks his confinement in Saint Elizabeths Hospital. The Municipal Court, now the Court of General Sessions, committed him as a "sexual psychopath"1 on October 17, 1962. He appeals from the District Court's denial of his habeas corpus petition, on the grounds that the court erred in: (1) finding that his commitment, based solely on the "boiler-plate" report of two psychiatrists, was procedurally valid; (2) finding that he is "dangerous" within the meaning of the sexual psychopath statute; and (3) failing to find that the absence of psychiatric treatment in the Hospital requires relief.
The commitment proceeding against appellant in the Municipal Court was initiated by the District of Columbia Corporation Counsel, after appellant had pled guilty to indecent exposure and before sentencing,2 by filing a statement that:
The Municipal Court then ordered two psychiatrists from the District of Columbia General Hospital to examine appellant in the District of Columbia Jail,3 where he was confined because he could not make bond. The psychiatrists reported only that they examined appellant and The only other entry on the record of commitment is a simple commitment order of the Municipal Court with a recitation that "upon the testimony and evidence adduced, the defendant * * * is by the Court found to be a sexual psychopath. * * *"
In this habeas corpus hearing, appellant's counsel made a proffer that appellant, if permitted to testify, would state that he "was ordered committed to St. Elizabeths Hospital based on the affidavits only of psychiatrists; there was no testimony taken in court; all that was had was a bench conference between the lawyers involved." Accepting this as true, the District Court found that appellant's commitment was procedurally valid because of D.C.Code § 22-3506, which provides that each psychiatrist who examines a person pursuant to the Sexual Psychopath Statute "shall file a written report of the examination, which shall include a statement of his conclusion as to whether the patient is a sexual psychopath." The District Court held that the conclusory statement in the psychiatrists' report was sufficient.
The Municipal Court's statement that it acted upon "the testimony and evidence adduced" does not provide adequate assurance that the statute was complied with and that an informed judgment was made.
We remand to the District Court with directions to take the testimony proffered by appellant and proceed with the hearing. It will be open to the government to show that the required evidentiary hearing was held by the Municipal Court or was "intelligently waived."10
The statute defines a sexual psychopath as "a person, not insane, who by a course of repeated misconduct in sexual matters has evidenced such lack of power to control his sexual impulses as to be dangerous to other persons because he is likely to attack or otherwise inflict injury, loss, pain, or other evil on the objects of his desire."11 This definition substantially follows the Minnesota Supreme Court's construction of the state's sexual psychopath act:
The Act is intended to include those persons who, by an habitual course of misconduct in sexual matters, have evidenced an utter lack of power to control their sexual impulses and who, as a result, are likely to attack or otherwise inflict injury, loss, pain or other evil on the objects of their uncontrolled and uncontrollable desire. It would not be reasonable to apply the provisions of the statute to every person guilty of sexual misconduct nor even to persons having strong sexual propensities. Such a definition would not only make the act impracticable of enforcement and, perhaps, unconstitutional in its application, but would also be an unwarranted departure from the accepted meaning of the words defined.12
The United States Supreme Court held that the Minnesota statute so construed was not "too vague and indefinite to constitute valid legislation."13 "These underlying conditions, calling for evidence of past conduct pointing to probable consequences, are as susceptible of proof as many of the criteria constantly applied in prosecutions for crime."14
A defendant whose conduct shows danger of the named evils may be committed for treatment instead of, or in addition to, being punished for his acts of exhibitionism.15 If not, he may only be punished. Though the "likely * * * injury, loss, pain, or other evil" may be either physical or psychological, we think it must involve conduct that is not merely repulsive or repugnant, but that has a serious effect on the viewer.16 Otherwise the definition of sexual psychopath might be "too vague and indefinite to constitute valid legislation."17 Whether conduct is "likely" to have a serious effect on potential viewers may depend, for example, on their age and condition, the proximity and extent of the patient's exposures, and his accompanying gestures. In the present case no "evidence of * * * probable consequences"18 was presented. On remand, expert and other testimony on this point may be presented.
Much of the hearing below was addressed to appellant's contention that he was receiving no treatment. The only expert witness, Dr. Dabney, the psychiatrist on appellant's ward, testified that "the important aspect of this man's treatment would have to involve his wife." He admitted, however, that appellant's wife had neither written nor visited him in the past year and showed a "lack of participation or interest." He said the Hospital, in order to develop appellant's initiative, was leaving it to him to persuade his wife to participate in treatment. Appellant's counsel proffered the testimony of his wife that "she does not wish to continue the marital relationship with Mr. Millard" and that "she has not visited him in the Hospital, and she has no intention of visiting him in the Hospital or participate sic in the counselling program with the social worker." The District judge and appellant's counsel then had the following exchange:
Counsel later made another proffer that appellant would testify that "he receives no treatment whatever; that his time is spent in mopping floors; and eating and sitting around watching television all day long; that he has only the briefest and most casual interviews with the professional staff at St. Elizabeths Hospital. * * *" The judge responded that he considered the purpose of the hearing to be only to determine whether appellant was still a sexual psychopath. He made no findings of fact on the alleged...
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