People ex rel. Myers v. Briggs

• Court: Supreme Court of Illinois
• Citation: 46 Ill.2d 281,263 N.E.2d 109
• Docket Number: No. 42777,42777
• Parties: The PEOPLE ex rel. Lowell J. MYERS, on behalf of Donald Lang, Appellant, v. John F. BRIGGS, the Director of the Department of Mental Health, Appellee.
• Decision Date: 29 September 1970

Page 109

263 N.E.2d 109 46 Ill.2d 281 The PEOPLE ex rel. Lowell J. MYERS, on behalf of Donald
Lang, Appellant,
v.
John F. BRIGGS, the Director of the Department of Mental
Health, Appellee. No. 42777. Supreme Court of Illinois. Sept. 29, 1970.

[46 Ill.2d 282]

Page 110

Lowell J. Wyers, Chicago, appointed by the court, for appellant.

William J. Scott, Atty. Gen., James B. Zagel, Asst. Atty. Gen., Springfield, for appellee.

BURT, Justice.

The appellant, Donald Lang, an illiterate deaf-mute, herein referred to as defendant, was indicted on December 9, 1965, in the circuit court of Cook County on a charge of murder of a woman in Chicago on November 12, 1965. On December 15, 1965, the Public Defender was appointed to represent the defendant and an order was entered directing that he be examined by the Behavior Clinic of Cook County. He does not know any recognized sign language.

On January 5, 1966, Attorney Lowell J. Myers moved that the be appointed by the court to represent the defendant. Myers has had 30 years of experience in dealing with deaf-mute people and 10 years of experience in representing deaf-mute people in legal matters. (See, Myers v. County of Cook, 34 Ill.2d 541, 216 N.E.2d 803.) The trial judge appointed Myers to represent the defendant and granted leave to the Public Defender to withdraw as his attorney.

The Behavior Clinic was directed to make a further investigation and the case was continued to January 20, 1966. On that date the defendant's attorney filed a petition requesting a hearing before a jury on the question of the defendant's physical competence to stand trial. At that hearing the defendant's attorney testified as to his own experience in representing deaf-mutes and his inability to communicate with the defendant; stated that the defendant did not know the charges against him, and that he was unable to communicate with the defendant. Dr. William H. Hines, Director[46 Ill.2d 283] of the Behavior Clinic, testified that he was unable to communicate with the defendant and he diagnosed the defendant's case as 'mutism.' He testified also that in his opinion the defendant did not know the nature of the charge against him, and was unable to co-operate with his counsel. The defendant's attorney then tendered a directed verdict finding that the defendant 'was at the time of impaneling

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this jury and is now physically incompetent to stand trial.' The court directed the jury to return that verdict and the case was continued.

On February 21, 1966, the prosecution requested the entry of an order for examination of the defendant to which the defendant's present attorney objected because of his view that he was being denied the right to be present during the examination. Defendant appealed from the order allowing the examination to this court and the contention was denied. People v. Lang (1967), 37 Ill.2d 75, 224 N.E.2d 838.

On March 16 the defendant's attorney presented several motions. His motion that the indictment be dismissed because more than 120 days had elapsed since the defendant's arrest was denied. His motion that judgment be entered upon the verdict of the jury which was returned January 20, 1966, as to physical competency to stand trial was not acted upon, but was 'held in abeyance.' His motion that the defendant be placed on trial for murder recited that 'the defendant offers to waive his constitutional rights, and his legal rights, and the verdict of the jury made on January 20, 1966, that he is physically incapable of standing trial; and in order to obtain his liberty, offers to stand trial on a charge of murder, and here and now demands to be tried for murder in accordance with the indictment in this case.' This motion was denied.

On March 31, 1966, the court granted the request of the State's Attorney that a jury be impaneled to inquire into the mental competency of the defendant. At the hearing the jury heard the testimony of Dr. Haines and Dr. [46 Ill.2d 284] Hellman R. Myklebust, Director of the Institute of Language Disorders of Northwestern University, Lowell J. Myers, the defendant's brother, stepmother, and a life-long friend of the defendant. The jury returned a verdict finding defendant mentally incompetent. Judgment was entered on that verdict and also on the earlier verdict finding the defendant physically incompetent.

On September 8, 1969, defendant filed in the circuit court of Cook County a petition for Habeas corpus which was denied on motion to dismiss on September 30, 1969, with prejudice, and from this order...