People v. Russell
| Decision Date | 30 October 1969 |
| Docket Number | No. 3,Docket No. 6274,3 |
| Citation | 173 N.W.2d 816,20 Mich.App. 47 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Wayne RUSSELL, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Lawrence W. Rattner, Detroit (William L. Wise, Traverse City, of counsel), for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Harvey C. Varnum, Pros. Atty., Charlevoix County, Charlevoix, for plaintiff-appellee.
Before J. H. GILLIS, P.J., and R. B. BURNS and V. J. BRENNAN, JJ.
Defendant, upon his plea of guilty, was convicted of rape. 1 At the time, defendant was 18 years old with no prior criminal record.
The offense took place in the early morning of September 19, 1967, and defendant, after waiving examination, was arraigned 2 days later in the Charlevoix county circuit court. At the arraignment, defendant waived his right to jury trial and stated that he wished to plead guilty. The court then made the following inquiry:
'The Court: You want to plead guilty?
'Defendant: Yes.
'Defendant: No; I don't.
'The Court: And you say you desire to plead guilty?
'Defendant: Yes, sir.
'The Court: You thoroughly understand the nature of the offense, do you?
'Defendant: Yes, sir.
'The Court: In pleading guilty has anyone used any force, threats or influence of any kind against you, or made any promises of any kind to you, in order to have you say you are guilty?
'Defendant: No, sir.
'The Court: You are pleading guilty then simply because you are guilty, and for no other reason?
'Defendant: Yes, sir.
'Defendant: In her house, sir.
'The Court: Is it true that she did not consent?
'Defendant: Yes, sir.
'The Court: And you had to use some force?
'Defendant: Yes, sir.
'The Court: What kind of force did you have to use?
'Defendant: What do you mean?
'Defendant: I don't clearly remember, sir.
'The Court: Did you beat her up, or anything?
'Defendant: No, sir.
'The Court: Did you choke her, or anything?
'Defendant: I don't know, sir.
'The Court: But you remember enough to know whether you used some force?
'The Court: So you feel you actually are guilty?
'Defendant: Yes, sir.
On December 8, 1967, defendant appeared for sentencing. The trial court then had before it the report of Dr. R. E. Pearson of Traverse City State Hospital. The report, substantially in its entirety, reads as follows:
'Present Illness:
'The following is the patient's version of the events which led to his arrest and referral to this clinic: He states that at approximately 1:00 a.m. on September 19, 1967, he was out driving by himself, with nothing particularly on his mind as to plans for the rest of the night. As he was driving along he happened to notice on acquaintance of his leaving this acquaintance's financee's home. The patient parked his car about a quarter of a mile away, and walked back to the house of this girl. He says that he knew she lived alone, had probably gone to bed, and that she would think it very unusual for him to come to the door, because the patient and this girl were only very casual acquaintances. He says that he knocked on the door, and when she answered it he told her that her fiance had been in an accident, and needed her right away. She allowed the patient to enter the house at that point. He says that he immediately made advances to her, tearing at her two-piece pajamas, removing the pajama pants, and then forcibly raping her. He states that she did not scratch or bite him, but only cried and screamed in an attempt to get help. When asked why she did not scratch or bite him, he replied, 'I guess I told her I would kill her if she didn't do like I wanted her to.' With only some reluctance does this patient describe the intimate physical details of the rape. He says that he forced her onto the bed, tore her pajamas pants off, forcibly spread her legs, and with a good deal of force inserted his penis in her vagina. When asked how the girl reacted in this point, he replied, 'I guess she was still trying to get away, but I weigh twice as much as she does, and her moving around made me all excited.'
'After ejaculating the patient allowed the girl to get off the bed, and attempted to make her promise that she would not call her boyfriend or the police. He says that he 'thinks' he threatened to kill her if she ever told anybody. At this point an attempt was made by me to evaluate his remembrance of his feelings at that time, and the patient states that he was afraid and disgusted: afraid that he would be caught and sent to jail, and disgusted that he would allow himself to get into a position where he would obviously get in trouble with the police.
'The patient describes his victim as very small, weighing about 100 pounds, and being about 20 years old. He says he has no knowledge that she was not a virgin until that night, but that he had presumed that she was not a virgin on the assumption she was having intercourse with her fiance. When asked to elaborate on this, he could only generalize that, 'All engaged people do it.'
'After spending fifteen to twenty minutes attempting to persuade the girl not to report it to the police, the patient drove home to his wife and says he slept the rest of the night. At work the next day he was arrested and then released on $250.00 cash bond. The patient states that he has been told that he could be sent to prison for the rest of his life for this offense, and that he feels this is too great a punishment for the offense. The patient states that he did plead guilty to the charge of rape.
'When the patient was asked what he thought about the subject of rape and rapists, he could only say, 'I guess it's a bad thing.' When asked if he thinks he may have damaged his victim, he could only say, 'I just bruised her a little bit, and they will heal.' Questions concerning possible psychological damage to the victim of a rapist seemed to be not comprehended by this patient.
'The patient states that he remembers the details of what happened that night, and it is my impression that he recounted some of the details with some relish. There seemed to be absolutely no evidence of any feelings of guilt as a result of his recent behavior.
'Past History:
'The patient states that his father's name is Ralph Wiltse, whom he thinks lives on a farm near Ellsworth. He has never had any contact with his father other than having him pointed out. The patient says that he was the illegitimate son of this man and his mother named Juanita Russell when his mother was seventeen years old. Some time after his birth his mother married another man, and had another child. When the patient was about four he says that he has been told, although he does not really remember it, that his mother was shot to death by her husband in his presence. The patient has also been told by relatives that he threatened to kill his stepfather after this. This stepfather later married again, and then shot and killed both himself and his wife. After his mother's death the patient lived with his stepfather's parents for approximately one year, and then was made a ward of the court, and lived with his mother's parents. There was one other child in the house, a boy four years older than the patient, but their actual relationship is unclear. The patient was raised by his maternal grandparents until he left home to be married.
'The patient was born in Charlevoix, Michigan, on April 4, 1949. As far as is known to the patient his birth and early development were normal. He began school at the age of five, and says that he received excellent marks until the tenth grade, when he rather suddenly began receiving poor marks, which he attributed to laxiness. He also relates that at this time he became involved with the woman who is now his wife. The patient claims to have had a normal...
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People v. Williams
...must be held 'where the evidence raises a 'bona fide doubt' as to a defendant's competence to stand trial.' See People v. Russell, 20 Mich.App. 47, 173 N.W.2d 816 (1969). Thus, even under the earlier statutes a trial judge was required to conduct a competency hearing not only when the accus......
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People v. Stoner
...by the trial judge indicated that this possibility did not exist.' See text accompanying footnote 15.10 Cf. People v. Russell (1969), 20 Mich.App. 47, 173 N.W.2d 816. In this case the defendant was convicted, on his plea of guilty, of forcible rape. In setting aside the plea and remanding t......
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People v. Martin
...that a competency hearing must be held when the evidence raises a bona fide doubt of an accused's competency. People v. Russell, 20 Mich.App. 47, 173 N.W.2d 816 (1969), People v. Williams, 38 Mich.App. 370, 196 N.W.2d 327 (1972). The fountainhead decision in incompetence law, Bishop v. Unit......
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People v. Smith
...mental condition precluded a free, voluntary, knowing, and understanding guilty plea. We disagree. Recently, in People v. Russell (1969), 20 Mich.App. 47, 173 N.W.2d 816, this Court was faced with a similar issue. In that case an 18-year-old youth, unrepresented by counsel, pled guilty to r......