State v. Filiaggi
| Decision Date | 29 July 1999 |
| Docket Number | No. 98-287.,98-287. |
| Parties | THE STATE OF OHIO, APPELLEE, v. FILIAGGI, APPELLANT. |
| Court | Ohio Supreme Court |
Gregory A. White, Lorain County Prosecuting Attorney, and Jonathan E. Rosenbaum, Assistant Prosecuting Attorney, for appellee.
Jack W. Bradley and Renee W. Green, for appellant.
In this appeal, defendant raises twelve propositions of law. We sustain defendant's fourth proposition of law and remand the cause to the trial court. We affirm defendant's aggravated-murder conviction, and after independently reviewing the record, weighing the aggravating circumstances against the mitigating factors, and examining the proportionality of the death sentence in this case to the penalty imposed in similar cases, we affirm defendant's sentence of death.
The trial proceedings were set to begin on July 11, 1995. Defendant had entered a plea of not guilty by reason of insanity; however, the question of competency had not been raised. On the way to the courthouse for the start of the trial, officers shackled defendant and placed a stun belt on him for security purposes. En route, defendant was accidentally shocked by the stun belt. As a result, he was shaken up, and evidence indicated that he might have been placed on Valium. The court recessed until that afternoon. When court resumed, defendant, with his three attorneys present, waived his right to trial by jury. After opening arguments, eight state's witnesses testified. Court then recessed for the day.
The next morning, July 12, 1995, defense counsel told the trial court that in the opinion of all three defense counsel, defendant was not competent to stand trial, i.e., to understand the nature of the charges against him or to assist in his defense. The court contacted the local forensics center and requested that the defendant be examined to determine if he was competent. The forensics center immediately accommodated the court's request, and court recessed for the day.
On July 13, 1995, the court held a competency hearing. Defendant gave counsel permission to proceed without him. Dr. Thomas Haglund, who had examined defendant on July 12, testified that he had interviewed defendant for about forty-five minutes. He related that defendant believed that he was still receiving shocks from the stun belt. Dr. Haglund indicated that defendant was quite tense and agitated during the interview. At one point during the interview, defendant began to lose control, breathed more rapidly, and his legs and feet began to shake.
On cross-examination, Dr. Haglund testified that he did not think that defendant was malingering. It was his opinion that given the state that defendant was in as a result of the stun belt incident, he was concerned about defendant's mental condition and did not think defendant was able to continue with the trial. Although Dr. Haglund had not talked with defendant on the day of the competency hearing, he testified that he believed the defendant's emotional state could be turned around quickly and was on a day-to-day status.
Dr. Haglund also testified that during the interview, defendant was mentally alert, oriented, and able to answer questions. When questioned, defendant was able to tell Dr. Haglund what he had been charged with and who his attorneys were, as well as give a brief description of the testimony from the day before. Defendant understood that he was under a doctor's care, and identified his doctor and the medications he was currently receiving. Defendant also knew why he was on the medications.
In response to the prosecutor's questions, Dr. Haglund stated that defendant understood the proceedings against him, and was able to consult with his attorneys and to assist in preparing his defense. Again, on cross-examination, Dr. Haglund testified that he believed defendant to be able to assist in his own defense and to consult with counsel and understand the court proceedings. Defense counsel declined to call any witnesses, nor did counsel offer any testimony to contradict Dr. Haglund's findings or his report that the defendant had slept well and was in acceptable physical condition at the time of the examination.
The court determined that defendant was competent to stand trial, and that the trial would proceed. Defense counsel requested that Dr. Haglund be given the opportunity to examine defendant again, and also requested that defendant's own treating psychiatrist be given the opportunity to examine him. The court determined that other evidence concerning defendant's medical condition was not relevant on this point. Defense counsel's motion for a mistrial was overruled.
After one state's witness testified, defense counsel put the following matters on the record: that defendant was brought into court in a wheelchair with handcuffs, leg irons and a body belt; that in defense counsel's opinion, defendant was incoherent; that he was not following the proceedings and could not communicate or assist defense counsel; that defense counsel did not believe that defendant was malingering; and that his pulse rate was one hundred twenty. Defense counsel again requested a mistrial. The prosecutor responded that defense counsel had several opportunities to speak with defendant throughout the day and never mentioned to the court that defendant was incoherent before the deputies transported defendant to court. The prosecutor stated that, in his opinion, defendant was malingering. The motion for mistrial was denied.
When the trial resumed on July 14, defense counsel again indicated that he did not think that defendant was competent to proceed. However, defense counsel did not file any additional information to support these allegations. Further, a deputy who guarded the defendant during the noon recess testified that defendant was doing stretching exercises, seemed to be fine, was not shaking, was in control of himself, and was conversing in a normal tone with his lawyers. The court overruled the motion, as well as defense counsel's motion for a mistrial.
Defense counsel made similar motions concerning defendant's competence and requested a mistrial throughout the course of the trial. Again, these motions were unsupported and consequently were denied.
After defendant was convicted and sentenced to death, defense counsel filed a motion for new trial on the grounds that defendant was not competent to stand trial. Attached to the motion were affidavits by his counsel and a physician, and a report by the psychiatrist who had been treating defendant before and during trial. The defendant also attached a report of a radiology examination that was performed on July 21, 1995 (after the date of conviction but before the sentencing phase), which indicated that there had been some change in defendant's brain since a prior examination on March 25, 1995. The affidavits and report described some physiological observations of defendant during the course of trial, which included increased respiration, elevated pulse, sweating, shaking, and stammering. The trial court denied the motion for new trial.
Former R.C. 2945.37, in effect at the time of defendant's trial, provided:
When the question of competency arose, the court, having determined that there was good cause, ordered that defendant be examined. A hearing was held the day after the evaluation. Pursuant to R.C. 2945.37, the defense had the burden of proving that defendant was incompetent. The only witness called during the hearing was Dr. Haglund.
As stated, Dr. Haglund testified that defendant was competent to stand trial. Dr. Haglund wavered only on the issue of whether defendant was capable of going forward with the trial due to his mental/emotional state. However, this had more to do with the stun belt incident and some follow-up incidents where correction officers attempted to restrain him before transport. These events served as the basis for Dr. Haglund's desire to reexamine defendant, not that defendant had somehow become incompetent from the previous day.
At the time the trial court was called upon to decide defendant's competence, the information indicated that although shaken from the stun belt incident, defendant had come to trial that afternoon, July 11, waived his right to a jury trial, and sat through a half a day of testimony. The court based its determination of competence on those factors, in combination with Dr. Haglund's opinion and the court's own observations of the defendant's behavior. Defendant did not carry his burden of proving incompetence.
After the trial court found defendant competent, defense counsel persisted in their efforts to obtain an additional evaluation of competence. Their requests were based on their own observations of defendant during the trial proceedings. Even though defendant was being treated by a psychiatrist who examined him four days after the stun belt incident, an affidavit by the doctor was not presented until the new trial motion was filed. Based on the evidence presented at the time of the hearing, the trial court's decision was proper.
The record indicates that defense counsel raised concerns about defendant's...
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