People v. Fields, D053080.

• Decision Date: 14 July 2009
• Docket Number: No. D053080.,D053080.
• Court: California Court of Appeals Court of Appeals
• Parties: THE PEOPLE, Plaintiff and Respondent, v. ALLEN L. FIELDS, Defendant and Appellant.

175 Cal.App.4th 1001

96 Cal. Rptr. 3d 668

THE PEOPLE, Plaintiff and Respondent, v. ALLEN L. FIELDS, Defendant and Appellant.

No. D053080.

Court of Appeals of California, Fourth District, Division One.

July 14, 2009.

CERTIFIED FOR PARTIAL PUBLICATION^*

Chris Truax, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Gary W. Schons, Assistant Attorney General, Pamela Ratner Sobeck and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

AARON, J.—

I. INTRODUCTION

In November 2006, the People filed a petition pursuant to the Sexually Violent Predators Act (SVPA or the Act) (Welf. & Inst. Code,¹ § 6600 et seq.) to commit Allen L. Fields to the State Department of Mental Health (the Department) for an indeterminate term of involuntary treatment. After a trial, a jury found that Fields was a sexually violent predator (SVP), and the court committed him to the Department for an indeterminate term.

On appeal, Fields contends that the SVPA, as amended in 2006, violates state and federal constitutional guarantees of equal protection and due process. He further claims that the trial court committed prejudicial error in limiting defense counsel's ability to question the People's expert witnesses with respect to the administration and results of a polygraph examination that was administered to Fields as part of his treatment.²

We reject Fields's constitutional claims. Further, we conclude that any error the court may have made in limiting defense counsel's questioning of the People's experts concerning the polygraph examination was harmless. We therefore affirm the judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

On November 3, 2006, the People filed an amended petition seeking to recommit Fields as an SVP within the meaning of the SVPA.

Fields was convicted of molesting four boys, all under the age of 14. In 1983, Fields was convicted of two counts of committing a lewd act upon a child under the age of 14, for which he was sentenced to three years in prison. Fields molested two other boys in 1987. In 1988, after being charged with 93 counts of child molestation and possession of child pornography, Fields pleaded guilty to two counts of committing a lewd act upon a child under the age of 14, and two counts of committing forcible child molestation. Fields was sentenced to prison for 25 years.

During some of these crimes, Fields bound his victims, using restraints that were attached to Fields's bed. During his encounters with one of his victims, Fields would look toward some guns that were mounted on Fields's wall if the victim refused to participate in sexual acts with him. On one occasion, Fields fired a speargun through a piece of paper and said to the victim, "Imagine what that would do to you." At the time, Fields believed he was in love with that victim, and went so far as to name that victim as the beneficiary of his life insurance policy.

In 2003, Fields underwent a bilateral orchiectomy, or the surgical removal of his testes. Fields's family paid for the surgery. At trial, the parties placed significant focus on this fact and the question whether, after such surgery, it remained likely that Fields would engage in sexually violent criminal behavior if released.

Three mental health experts, Dr. Dawn Starr, Dr. Robert Owen and Dr. Doriann Hughes, all of whom are psychologists, testified for the People. Dr. Starr opined that Fields suffers from pedophilia, sexual sadism, and personality disorder with narcissistic and histrionic features. Dr. Owen testified that Fields suffers from "a severe case of pedophilia," and also from a personality disorder with narcissistic and dependent features. Both Drs. Starr and Owen testified that Fields is likely to engage in sexually violent predatory criminal behavior in the future if released. The doctors also questioned the validity of the few studies that have been done concerning physical castration and sexual offense recidivism.

Dr. Hughes treats sexual offenders, including Fields, at Coalinga State Hospital. Dr. Hughes had been meeting with Fields in group sessions twice weekly. Dr. Hughes described the sex offender treatment program in which Fields had been participating. The program consists of five progressive treatment stages called "phases." Dr. Hughes discussed Fields's treatment progress. She noted that he was currently in phase II, but that it was her opinion that Fields very recently became ready to move to phase III.

Dr. Hughes testified that she felt "pretty strongly" that Fields needs to go through phase III of the treatment program before being released, because he "still has a long way to go working through some of these problem behaviors, high risks and characteristics that have been problematic for him in the past."

Fields testified in his own defense. He described being molested by his father when he was a child, and admitted that he had restrained his victims using soft restraints. Fields explained that he had voluntarily undergone surgery resulting in his physical castration. Fields stated that he no longer had deviant sexual fantasies or urges, and said that his behavior and thought patterns had changed since the time he molested his victims. Fields described his perception of his progress in treatment and explained that if released, he intended to move to Minnesota, where he would temporarily live with his sister and brother-in-law and would voluntarily continue outpatient treatment through Pathway Psychological Services.

Fields called Dr. Robert Halon, a psychologist, to testify as an expert witness for the defense. Dr. Halon testified that he did not believe that Fields posed a serious risk of reoffending, and opined that Fields did not meet the SVP standards. Specifically, according to Dr. Halon, there is a lack of evidence that Fields suffers from a "currently diagnosed mental disorder."

Dr. Mary Flavan, a psychiatrist, also testified for the defense. Dr. Flavan testified that she had spoken with Fields about chemical and physical castration while he was a patient at Atascadero State Hospital. Dr. Flavan had not conducted an evaluation of Fields prior to testifying. While she was working at Atascadero State Hospital and counseling sex offenders, Dr. Flavan compiled literature on the effectiveness of surgical castration on sexual offense recidivism. Dr. Flavan testified that physical castration is "very effective" at preventing recidivism in sexually violent offenders, and noted that some studies demonstrated a recidivism rate of between 1 and 3 percent. Dr. Flavan testified that in her opinion, a sexual offender with characteristics like Fields's who has undergone an orchiectomy should be released.

On May 2, 2008, a jury found Fields to be an SVP. The trial court ordered Fields committed to the Department for an indeterminate term.

III. DISCUSSION

A., B.^*

C. The polygraph examination

Fields contends that the trial court abused its discretion in limiting defense counsel's cross-examination of the People's experts with regard to a polygraph examination that was administered to Fields as part of the treatment process in which he was voluntarily participating during his commitment.

1. Additional background

On April 22, 2008, during defense counsel's cross-examination of Dr. Starr, counsel asked, "Are you aware of whether or not Mr. Fields has undergone a polygraph examination at either Atascadero or Coalinga State Hospital?" Dr. Starr replied, "Yes, he did." The prosecutor immediately inquired of the trial court, "May we approach, Your Honor?"

Outside the presence of the jury, the prosecutor stated, "Your Honor, [defense counsel] wants to ask about the results of a polygraph exam. He is well aware that's not admissible, and I would object." Defense counsel responded, "I am not seeking to admit the results themselves. I am intending on asking the witness whether her—[(1)] [if] she is aware of my client having submitted to such an examination, and, [(2)], whether his having submitted to such an examination bears on her opinion." The following colloquy then occurred:

"[Prosecutor]: Your Honor, even the fact somebody takes a polygraph examination is not to be referred to in a court of law.

"The Court: In this state.

"[Prosecutor]: In this state, yes.

"[Defense counsel]: It's part of the treatment program, Judge. That's why they do it.

"The Court: This isn't a probation revocation case where someone is ordered to take a polygraph as a term and condition of probation so we could monitor their inner, secret thoughts.

"[Defense counsel]: But it is part of the treatment program in trying to ascertain whether an offender is making full disclosures of a number of victims, the nature of their offenses and whether they have otherwise complied with the treatment program itself.

"[Prosecutor]: My position, that's all . . . beside the point. It is not supposed to be referred to in a court of law and mention that anybody took it, or the results are not supposed to be mentioned.

"The Court: Do you have some case law that supports your position, [defense counsel], since I am not aware of one? Do you have a case?

"[Defense counsel]: I don't have a case handy.

"The Court: Well, handy or is there a case?

"[Defense counsel]: I don't know whether there is such a case.

"The Court: I see. [¶] . . . [¶]

"The Court: . . . [¶] We are still discussing the polygraph. The law is what the law is. And I am not aware of any case authority that allows the introduction of the polygraph issue in an S.V.P. case.

"[Defense counsel]: This may be the case that makes that law.

"The Court: I don't think so, so I will sustain the objection. I will instruct the jury to disregard the question."

The Court thereafter instructed the jury to disregard "the last question and answer." Neither attorney asked Dr. Starr any further questions regarding the polygraph examination. Late...