State v. Harris, 54710

• Citation: 774 S.W.2d 487
• Decision Date: 06 June 1989
• Docket Number: No. 54710,54710
• Parties: STATE of Missouri, Plaintiff-Respondent, v. Howard C. HARRIS, Defendant-Appellant.
• Court: Court of Appeal of Missouri (US)

Page 487

774 S.W.2d 487

STATE of Missouri, Plaintiff-Respondent, v. Howard C. HARRIS, Defendant-Appellant.

No. 54710.

Missouri Court of Appeals,

Eastern District,

Division Five.

June 6, 1989.

Rehearing Denied July 11, 1989.

Arthur S. Margulis, Stephanie J. Kraus, Clayton, for defendant-appellant.

William L. Webster, Atty. Gen., Ronald L. Jurgeson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

CARL R. GAERTNER, Judge.

Appellant was found guilty in a judge-tried trial of forcible rape, kidnapping, two counts of armed criminal action and of first degree assault. He was sentenced to life imprisonment on the assault count and fifty concurrent years on the related armed criminal action count. He was sentenced to fifteen consecutive years on the kidnapping count, thirty consecutive years on the forcible rape count and ten consecutive years on the related armed criminal action count, a total of 105 years concurrent with life imprisonment. Appellant asserts four points on appeal: 1) insufficiency of the evidence to establish intent because of his mental disease, 2) error in denying the motion to suppress appellant's statements, 3) error in overruling his objection to evidence of unrelated crimes, and 4) ineffective assistance of counsel in proceeding to try his case without a jury before a judge who had expressed reservations about the defense of mental disease or defect. We affirm.

Appellant had been engaged to marry Magnolia Brown, one of two victims in this case. Ms. Brown broke off the engagement in early February 1987, despite appellant's wishes to the contrary. Brown testified that beginning February 6, after the break-up, appellant exhibited peculiar behavior. For example, appellant telephoned Brown Friday, February 6, but the conversation "didn't make sense," because appellant "jumped from one subject to another". Brown went and picked up appellant and took him to her house at approximately 1:00 a.m. and observed appellant talking to his shoes and to different objects in her home. The next morning Brown found four empty sleeping pill bottles, and appellant informed her that he was trying to commit suicide because Brown had broken up with him. Appellant also stated that he had seen a catalog falling from the ceiling of the house.

Appellant's mother, Judy Harris, testified that on Saturday appellant acted strange, which prompted her to schedule an appointment for appellant at a mental health clinic for the following Monday. On Saturday, February 7, appellant spent the night at Brown's house. However, Brown testified that that night appellant exhibited none of the behavior of the previous night.

On Sunday while the two were driving appellant pulled a knife out from under the car seat, held it to Ms. Brown's side and begged her to take him to his grandmother's house in East St. Louis, Illinois. She refused and appellant cut her arm, so she complied. Appellant told Brown to park the car and he raped her. Appellant directed her to drive to Cape Girardeau where appellant attempted to call Kirk Menard, his roommate during college at Southeast Missouri State University, who appellant believed lived in Cape Girardeau. They drove to the Menard house and appellant put Brown in the trunk of the car. Brown stated that she began kicking and screaming so appellant moved her to the back seat and tied her up with a seat belt. Appellant went into the house and talked to Mr. and Mrs. Menard for approximately twenty minutes, found out Kirk Menard actually lived in St. Louis County, and then returned with Brown to St. Louis. They stopped in East St. Louis and appellant again raped Brown.

Upon arriving in St. Louis at approximately 2:00 a.m. Monday, February 9, they went to a motel in St. Louis where appellant again raped Brown. They left the motel at approximately 5:30 a.m. Brown testified that appellant never talked to himself or inanimate objects, and never acted disoriented or confused during this entire trip. Appellant then called Kirk Menard, and they drove to Menard's apartment. They arrived at approximately 6:00 a.m. and talked with Menard and his wife, Judith. At approximately 8:00 a.m. Menard took his wife to work, leaving appellant and Brown in the apartment. Appellant gave Brown a bath, and then raped her again. Brown recounted that appellant heard Menard returning, hid behind the door with a hammer and started hitting Menard on the head with the hammer, which caused Menard to go into convulsions. Appellant ordered Brown to gather some toiletries from Menard's bathroom and place them in a bag. Appellant placed the hammer in the bag. Appellant then took Menard's wallet, asked him for the account numbers to credit cards and an automatic bank card, tied his legs because he was convulsing, and gagged him to prevent him from swallowing his tongue. Appellant and Ms. Brown then left the apartment. Brown told appellant she needed her purse, so appellant went to retrieve it. Brown drove off in Menard's car, and received help at an apartment complex.

Dan Merritt, a hotel manager, testified that he and a desk clerk encountered appellant following these events, and that he called the police because appellant seemed confused. Officer James Potts arrested appellant at the hotel. He testified that at the time of the arrest appellant's eyes were glassy but that appellant never acted confused or disoriented. Appellant was able to answer all questions regarding identification and was cooperative, but moved somewhat slowly.

Detective William Ostendorf testified that he conducted an on-scene investigation and talked to appellant after the arrest. He stated that he informed appellant he was a police officer, provided appellant with a Miranda waiver form, read appellant his Miranda rights and that appellant signed the waiver. Prior to this Ostendorf had talked to Brown, who informed Ostendorf that appellant had been acting strange Friday night and early Saturday, that she had found empty sleeping pill boxes, and that appellant had threatened to take some sleeping pills. At no time did appellant act confused or disoriented. Ostendorf stated that appellant's statement of events was substantially the same as what Brown had previously recounted to Ostendorf, and that appellant had no difficulty recalling the events. Appellant also told Ostendorf that appellant's brother had recently committed suicide and that appellant was returning from his brother's funeral, when his brother had actually committed suicide several months earlier. Appellant said that he had not slept or eaten within the past week, but was not hungry and did not appear tired.

Appellant was charged with ten counts and convicted of five, all involving acts allegedly committed at Kirk Menard's apartment. The convictions were for first degree assault and armed criminal action in striking Kirk Menard, and rape, kidnapping and armed criminal action arising from the rape of Ms. Brown in Menard's apartment. Appellant raises four points. In the first point, which we now address, he asserts that the court erroneously denied appellant's motion for acquittal at the close of the evidence because the prosecution failed to establish that appellant had the requisite intent to commit the crimes charged, as the State's evidence did not rebut the defense of mental disease or defect, which appellant injected into the case.

Appellant invoked the defense of mental disease or defect, pursuant to § 552.030.6 RSMo.1986, and requested a psychiatric examination. The defense called a psychologist and a psychiatrist who both testified that appellant suffered from paranoid schizophrenia at the time of the alleged incidents, which made him unable to appreciate the nature of his actions. Dr. Michael Armour, a clinical psychologist at Malcolm Bliss Mental Health Center, examined appellant for approximately four hours on June 2nd and 16th, 1987, and reviewed a police report and a social worker's report. In forming his opinion that appellant suffered from paranoid schizophrenia, Dr. Armour considered appellant's description of his behavior at the time of the incidents, the information provided in the social history, appellant's deteriorated hygiene (as testified to by his mother) and belief that his brother was still alive and talking to him. Dr. Armour explained that some schizophrenics have "compartmentalized" delusions, so that the delusions relate to very narrow segments of their beliefs and may not manifest themselves in normal conversation.

Dr. Sam Parwatikar, a psychiatrist in private practice, testified and also concluded that appellant was suffering from paranoid schizophrenia and was unable to appreciate the nature of his actions. Dr. Parwatikar examined appellant on November 9, 1987 and January 1, 1988 for approximately four hours. Dr. Parwatikar examined and talked with appellant and his parents and reviewed the reports of Dr. Armour and Dr. Joseph Shuman, the State's rebuttal expert. In support of this diagnosis Dr. Parwatikar cited appellant's sudden behavioral changes, such as his dropping out of college, slovenly appearance, disappearance from home on two occasions for one to two weeks, once while in high school and once after he quit college, belief that his brother was still alive, and a problem "relating" to people, especially his girlfriend. Dr. Parwatikar also explained in detail appellant's expressed belief that he could communicate with his brother, because appellant had been chosen a member of an organization called the "Federation", which was established to help the world. Appellant had not mentioned this organization to Dr. Armour.

The State called Dr. Joseph Shuman as a rebuttal witness regarding appellant's mental capacity. Dr. Shuman examined appellant on October 21, 1987. Dr. Shuman's testimony was substantially similar to that of Drs. Armour and Parwatikar, including appellant's beliefs about the "Federation". Dr. Shuman, however, suspected that ap...