State v. Klein
| Decision Date | 15 December 2005 |
| Docket Number | No. 75715-1.,75715-1. |
| Parties | STATE of Washington, Respondent, v. Tina L. KLEIN, Appellant. |
| Court | Washington Supreme Court |
Brett Ballew, Attorney at Law, Elma, for Petitioner/Appellant.
Gerald R. Fuller, Grays Harbor County Prosecutor's Office, Montesano, for Appellee/Respondent.
Donna Lynn Wise, Seattle, for Amicus Curiae (Washington Ass'n of Prosecuting Attorneys).
En Banc.
¶ 1 The Court of Appeals affirmed the denial of Tina Klein's petition for full release from the custody of the Department of Social and Health Services. Custody was imposed after Klein violated the terms and conditions of her release following a 1993 acquittal on criminal charges by reason of insanity. Klein now asserts that the Court of Appeals erred in upholding the trial court's findings that she continues to (1) suffer from a mental disease or defect and (2) pose a substantial danger to others or a substantial likelihood of committing criminal acts jeopardizing public safety. For the reasons stated herein, we affirm.
¶ 2 Tina Klein has abused alcohol and illegal narcotics since adolescence. In January 1993, at age 21, Klein received an insurance settlement from an automobile accident and used the proceeds to support her long standing cocaine addiction. Although Klein discontinued her use of cocaine in March of that year, her behavior during the ensuing months was described by others as "bizarre," Clerk's Papers (CP) at 3, "crazy," CP at 6, and "weird." CP at 7.
¶ 3 On April 20, 1993, during a psychotic episode, Klein stabbed her 20-month-old nephew in the back with an eight-inch butcher knife while he was sleeping. During this same episode, Klein also attempted to stab the victim's parents, who successfully intervened to save their child's life. Klein was subsequently charged with assault of a child in the first degree, see RCW 9A.36.120, and underwent psychological evaluation at Western State Hospital (Western State).1
¶ 4 Klein was diagnosed by Dr. Marie Hart, a state psychologist, as suffering from a "psychoactive substance induced organic mental disorder"2 at the time of the stabbing. CP at 35. Dr. Brett C. Trowbridge of Olympia also evaluated Klein and apparently concurred with Dr. Hart's conclusions.
¶ 5 On August 12, 1993, based upon a stipulation between the parties as to the evidence and the psychological evaluations, Judge Gordon L. Godfrey of the Grays Harbor County Superior Court entered a judgment of acquittal by reason of insanity and conditionally released Klein. The terms and conditions of release included, among others, that Klein (1) commit no criminal law violations, (2) refrain from consuming or possessing alcohol or controlled substances, (3) report monthly to a community corrections officer with the Department of Corrections, including submission to random urinalysis at his or her discretion, (4) enter into and complete a program of mental health, alcohol, and drug treatment, and (5) enroll in the mentally ill offender program at Western State for periodic psychiatric and psychological monitoring.
¶ 6 Klein subsequently violated the terms and conditions of her release on numerous occasions by abusing drugs, including methamphetamine and marijuana and by failing to report to her probation officers. During this period, Klein admitted to using methamphetamine on a daily basis and to heavy abuse of alcohol. According to her probation officers, Klein "was not focused on her recovery and her prognosis was poor." Supp. CP at 24. She also "abscond[ed] supervision when using controlled substances." Supp. CP at 24, 27. These same officers also discovered that Klein was babysitting several small children, thereby raising concerns of a repeat in violent behavior.
¶ 7 While on conditional release, Klein was rehospitalized at Western State on three separate occasions, all due to violations of her conditional release. The trial court ordered Klein to be evaluated at Western State. The court ultimately revoked Klein's conditional release, and she was admitted to Western State for the final time on November 27, 2001.
¶ 8 During a trial court hearing on May 30, 2002, Klein requested a transfer from Western State to an inpatient drug and alcohol treatment program. Western State staff, including psychologist Dr. Alton Couturier, voiced concern with the request in light of Klein's repeated inability to profit from drug and alcohol programs and her lack of commitment to treatment. Instead, they recommended that if Klein demonstrated the requisite improvement and commitment, she could then transition to the community on an outpatient basis while residing at the hospital. Judge Godfrey of the Grays Harbor County Superior Court, the same judge who entered Klein's original acquittal, ordered Klein to remain at Western State for further psychological evaluation.
¶ 9 On February 26, 2003, Dr. Couturier submitted an evaluation to the trial court in order to comply with Western State's obligation under the terms of Klein's conditional release to keep the court informed of Klein's progress. Although Klein had exhibited moderate progress, the evaluation cautioned that she "has always had the ability to exhibit suitable adjustment in the short-term, but her ability to sustain an effective adjustment remains the issue." CP at 22. The report contained, in part, the following diagnosis:
Axis I:3 Polysubstance Dependence, in Full Sustained Remission in a Controlled Environment;4
Axis II: Personality Disorder NOS [not otherwise specified], with borderline, antisocial, and passive-aggressive features.5
¶ 10 On April 11, 2003, Klein petitioned for an order granting full release from the custody of the Department of Social and Health Services pursuant to RCW 10.77.200(3). The petition asserted that Klein no longer suffered from a mental disease or defect because her polysubstance dependence was "in remission."6 CP at 19-20. The petition also cited State v. Reid, 144 Wash.2d 621, 30 P.3d 465 (2001), as mandating unconditional release when an insanity acquittee no longer suffers from a mental disease or defect.
¶ 11 At the hearing on the merits of the petition, the State called Dr. Couturier as a witness. In preparation for his testimony, Dr. Couturier conducted a 10-hour, in-depth interview of Klein over the course of seven days. He also reviewed Klein's medical records and administered a psychopathy checklist.
¶ 12 Dr. Couturier testified that Klein still suffered from a mental disorder, specifically the same diagnosis of polysubstance dependence and personality disorder not otherwise specified as included in his February 26, 2003 letter to the court. He explained that these disorders were "interactive." Verbatim Report of Proceedings (VRP) (May 21, 2003) at 9. In other words, between Klein's Axis I and II diagnoses, she could not absorb the therapy that she was receiving, and she did not have the skills to recover on her own.
¶ 13 Dr. Couturier testified that the polysubstance dependence included the abuse of cocaine, methamphetamine, marijuana, and alcohol, and that it was "in remission" only because Klein was currently in the "controlled environment" and "artificial setting" of Western State. Id. at 8. In the event these external controls were released, Dr. Couturier believed that Klein would return to the same risky behavior, as evidenced by her repeated relapses while on conditional release. Id. Dr. Couturier also explained that a disorder that is in remission in a controlled environment "is not gone." Id. at 9. He stated that there are recognized provisions for recovery, but that Klein did not exhibit them.
¶ 14 With respect to Klein's danger to the community, Dr. Couturier reasoned that in light of her current diagnosis and the prior psychotic episode, if she resumed drug use upon her release, there was a "substantially enhanced chance" that she would engage in violent behavior. Id. at 10. He later testified that Klein posed a "moderate risk" to reoffend, but qualified the statement that if she continued to use alcohol or illegal narcotics, her risk of experiencing another psychotic episode was "rather high," and her risk of reoffending would be "much higher than the average individual." VRP (June 25, 2003) at 32.
¶ 15 Dr. Brett Trowbridge was called by counsel for Klein to rebut the testimony of Dr. Couturier. Dr. Trowbridge actually agreed with Dr. Couturier's diagnosis of polysubstance dependence and a personality disorder not otherwise specified, but asserted that the current diagnosis did not legally constitute a "mental disease or defect" based upon his interpretation of Reid. He did not offer any specific definition of the term. He also testified that Klein no longer suffered from the original drug-induced psychosis that formed the basis of Klein's acquittal.
¶ 16 With respect to Klein's danger to the community, Dr. Trowbridge conceded that individuals with personality disorders were more likely to commit a crime than someone without such a disorder. He also confirmed that individuals with chemical dependency in remission, such as Klein, are more likely to "get into trouble" if they return to using drugs. VRP (June 25, 2003) at 8. Finally, he assessed Klein with a "[m]id-range" probability for experiencing another drug induced psychotic episode if she returned to drug use. Id. at 19. Because there were no reports of Klein experiencing psychotic episodes or committing any additional violent offenses while on conditional release, notwithstanding her drug use, Dr. Trowbridge testified that she was in the low to moderate range for reoffending.
¶ 17 On June 25, 2003, the trial court denied Klein's request for full release. The court's order consisted in its entirety of two findings of fact and no conclusions of law:
1. The defendant continues to suffer from mental disease or defect. The Court accepts...
To continue reading
Request your trial
-
State v. Pillon
...and in turn, whether the supported findings and unchallenged findings support the court’s conclusions of law. State v. Klein, 156 Wash.2d 102, 115, 124 P.3d 644 (2005) ; State v. Coleman, 6 Wash. App. 2d 507, 516, 431 P.3d 514 (2018), review denied, 193 Wash.2d 1005, 438 P.3d 122 (2019). Un......
-
State v. Beaver
...illness was sufficient to lead him to commit a criminal act is likely to remain ill and in need of treatment.”); State v. Klein, 156 Wash.2d 103, 114, 124 P.3d 644 (2005) (“ ‘Washington law since 1905 has presumed the mental condition of a person acquitted by reason of insanity continues an......
-
State v. Zamora
...a statute does not define a term, "a court may rely on the ordinary meaning of the word as stated in a dictionary." State v. Klein , 156 Wash.2d 102, 116, 124 P.3d 644 (2005). The dictionary defines "manageable" as "capable of being managed : submitting to control." WEBSTER'S THIRD NEW INTE......
-
State v. Beaver
...illness was sufficient to lead him to commit a criminal act is likely to remain ill and in need of treatment.”); State v. Klein, 156 Wash.2d 103, 114, 124 P.3d 644 (2005) (“ ‘Washington law since 1905 has presumed the mental condition of a person acquitted by reason of insanity continues an......
-
Punishing Temporary Drug-induced Insanity: an Analysis Ofstate v. Hotz, 281 Neb. 260, 795 N.w.2d 645 (2011)
...availed themselves of the DSM without success. See, e.g., People v. Free, 447 N.E.2d 218, 230-32 (Ill. 1983). 204. State v. Klein, 124 P.3d 644, 651 (Wash. 205. See supra Part V. 206. Williams, supra note 182, § 181, at 566. 207. Id. at 564. 208. Hall, supra note 185, at 1054. 209. See Pete......