State v. James

• Citation: 394 So.2d 1197
• Decision Date: 26 January 1981
• Docket Number: No. 65583,65583
• Parties: STATE of Louisiana v. Lloyd JAMES, Jr.
• Court: Supreme Court of Louisiana

Page 1197

394 So.2d 1197

STATE of Louisiana v. Lloyd JAMES, Jr.

No. 65583.

Supreme Court of Louisiana.

Jan. 26, 1981.

Rehearing Denied March 20, 1981.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Brian G. Meissner, John H. Craft, Asst. Dist. Attys., for plaintiff-appellee.

William J. O'Hara, III, New Orleans, Loyola Law School Clinic, for defendant-appellant.

GUIDRY, Justice Ad Hoc. ^*

Defendant, Lloyd James, Jr., was charged with the crime of aggravated rape, a violation of R.S. 14:42. A twelve-member jury found the defendant guilty as charged. Following his conviction, the defendant was adjudged a third offender under the provisions of the Louisiana Habitual Offender Law, La.R.S. 15:529.1, and as such, sentenced to imprisonment at hard labor for a term of forty years. The defendant assigns four errors for reversal of his conviction and sentence.

FACTS

On November 15, 1971 at approximately 1:30 A.M., Sara Spottswood was beaten, robbed, and raped in her New Orleans apartment by a knife-wielding assailant who was later positively identified as the defendant, Lloyd James, Jr. Police investigating the offense apprehended the defendant on the apartment complex premises later that same evening. On December 3, 1971, a bill of indictment was returned charging the defendant with aggravated rape. Shortly thereafter, the defendant escaped from legal custody.

In January, 1973, the defendant was arrested in Illinois for a murder allegedly committed in that state on December 18, 1972. Subsequent to his arrest in Illinois, the defendant underwent psychiatric examinations and was determined unfit to stand trial on that state's murder charge. Defendant remained incarcerated in Illinois where he regularly underwent psychiatric evaluation to determine his fitness for trial. On October 30, 1975, physicians in Illinois concluded that the defendant's schizophrenia was in partial remission and that the accused was competent to stand trial. Presumably, defendant's murder trial was conducted shortly thereafter.

Defendant was returned to Louisiana pursuant to extradition procedures some time in early 1976. Following his return to this state, a new bill of indictment was returned again charging the accused with aggravated rape of Sara Spottswood. Subsequently, the defendant was arraigned and entered a plea of not guilty and not guilty by reason of insanity.

Defendant's appointed counsel, Mr. Robert Zibilich, thereafter filed a motion requesting the appointment of a sanity commission to examine the accused. Pursuant to this request, the court appointed Drs. Albert Fant and Ignacio Medina to examine the defendant and determine whether or not he was competent to stand trial. Both physicians examined the accused and concluded that he was competent and able to proceed with his trial. Trial was then set for January 20, 1977.

Prior to trial, Mr. Zibilich was discharged as defendant's attorney when the accused retained Mr. Edward Haggerty to represent him. At Mr. Haggerty's behest, defendant's trial was continued without date. In July of 1977, Mr. Haggerty was permitted to withdraw from the case due to defendant's failure to pay certain legal fees. Additional changes in counsel occurred subsequent to Mr. Haggerty's withdrawal. Ultimately, defendant's representation was undertaken by the Loyola Law Clinic. With each change in defense counsel, the pleading process was essentially begun anew, thus, various defense motions delayed the defendant's trial until September 19, 1978.

On September 18, 1978, the day prior to trial, defense counsel filed a motion to quash the indictment alleging that the state failed to expeditiously bring this matter to trial and that such failure precluded defense experts from reconstructing the accused's mental state at the time of the commission of the offense. The trial judge refused to consider this motion and the trial of the case began as scheduled on the following day.

During the course of the trial, the defendant made no attempt to deny responsibility for the rape of the victim but rather urged insanity in defense. After evidence was presented, the jury returned a unanimous verdict of guilty as charged.

ASSIGNMENTS OF ERROR NUMBERS 1 AND 4

Defendant contends that the trial court erred in denying his motion to quash the indictment and his motion in arrest of judgment both grounded upon the alleged violation of defendant's Federal and State Constitutional right to a speedy trial. In addition, defendant claims in brief to this court that during this delay, prescription ran on the State's prosecution against him. ¹

Defendant avers that he was not tried until seven years after the commission of the offense and that such delay prevented him from proving his defense of insanity. Defendant concedes that he escaped shortly after his arrest in Louisiana, however he contends that Louisiana authorities were notified regarding his whereabouts shortly after his arrest in Illinois yet failed to initiate measures reasonably calculated to return the accused to Louisiana for trial on the aggravated rape charge thereby delaying his trial for five years.

Flexibility is the governing philosophy in determining whether or not delay constitutes a denial of the right to a speedy trial. Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). In Barker, supra, the Court rejected what is described as "inflexible approaches," i. e., imposing specific time limitations, in favor of a "balancing test, in which the conduct of both the prosecution and the defendant are weighed." The Court listed the following four factors to be considered in each particular case: (1) length of delay, (2) reason for the delay, (3) the defendant's assertion of his right, and, (4) prejudice to the defendant, such as the possible impairment of the presentation of the accused's defense. This court has adhered to the Barker analysis in evaluating Louisiana's speedy trial claims. La.Const.1974, Art. I, Sec. 16; La.C.Cr.P. Art. 701; State v. Alfred, 337 So.2d 1049, 1058 (La.1976); State v. Reaves, 376 So.2d 136 (La.1979). We consider defendant's contentions in light of these guidelines.

There is no question but that the delay in the instant case, on its face, appears to be clearly inordinate. However, as previously noted under Barker, supra, the inquiry into whether a defendant's constitutional right to a speedy trial has been violated does not end with such finding. Further, as we stated in State v. Reaves, supra, "The peculiar circumstances of the case will determine the weight to be ascribed to the length of the delay and the reason for the delay."

The next factor to be considered in the speedy trial analysis is the reason for the delay. Clearly the state cannot be charged with responsibility for any delay caused by the defendant's own actions in escaping from the custody of Louisiana authorities. As previously noted, the defendant escaped from custody almost immediately following his indictment and was not returned to Louisiana until early 1976. Although, in brief, defendant suggests that Louisiana authorities were notified of his whereabouts promptly after his arrest in Illinois, the record contains no information whatever revealing the circumstances surrounding the defendant's extradition to Louisiana, specifically when Louisiana was first notified of the defendant's arrest in the State of Illinois and/or what efforts were made by the Louisiana authorities as well as any difficulties encountered by Louisiana officials during the extradition process. Further, it clearly appears from the record that once the defendant was returned to Louisiana for trial, all subsequent delays (a period of almost 21/2 years) are solely attributable to the defendant. As we previously indicated, several changes in defense counsel occurred and each time the pleading process was begun anew. Clearly the State is not responsible for the delay in trial during this 21/2 year period.

Concerning defendant's assertion of his right to a speedy trial, he argues that he should not be penalized for not asserting his right to a speedy trial while in Illinois since he was declared incompetent. We acknowledge that the defendant should not be penalized for failure to assert his right at such time that he was declared legally insane. Further, we acknowledge that Louisiana authorities were not excused from initiating measures reasonably calculated to return the defendant to Louisiana for trial merely because defendant was declared incompetent by Illinois physicians and incarcerated in that state. Smith v. Hooey, 393 U.S. 375, 89 S.Ct. 575, 21 L.Ed.2d 607 (1969). However, as aforestated, there is nothing in the record to indicate that the State of Louisiana was lax in its duty to extradite the defendant to Louisiana for trial and in any event, it cannot be denied that the defendant's actions in absconding from custody was the reason initially that any delay at all occurred. Finally, and most convincing of defendant's failure to jealously assert his right to a speedy trial, is the circumstance that following his extradition in early 1976 all delays in bringing this matter to trial are attributable to the defendant himself and during this almost 21/2 year period he did not assert his right to a speedy trial until the day before trial at which time he filed a motion to quash.

The final area of inquiry in the speedy trial analysis is prejudice to the accused. Able counsel for the defense urges that the defendant was greatly impaired in the presentation of his defense because examining psychiatrists could not provide a diagnosis of his mental state at the time of the offense to the passage of time between the offense and the subsequent examination. Although we recognize that the passage of time probably adversely affected the viability of the accused's insanity plea, we conclude that it was the defendant's own...