State v. Lassek
| Decision Date | 03 November 2006 |
| Docket Number | No. S-05-1024.,S-05-1024. |
| Citation | 272 Neb. 523,723 N.W.2d 320 |
| Parties | STATE of Nebraska, appellee, v. William J. LASSEK, Jr., appellant. |
| Court | Nebraska Supreme Court |
Gregory A. Pivovar for appellant.
Jon Bruning, Attorney General, and James D. Smith, Lincoln, for appellee.
William J. Lassek, Jr., was originally charged by a two-count information with the crimes of first degree murder and use of a firearm to commit a felony. He later entered pleas of no contest to an amended information charging him with second degree murder and use of a firearm to commit a felony. Lassek's primary claim on appeal is that he was not competent to enter his pleas.
The question of competency to stand trial is one of fact to be determined by the court, and the means employed in resolving the question are discretionary with the court. State v. Jones, 258 Neb. 695, 605 N.W.2d 434 (2000). If there is sufficient evidence in the record to support factual findings relating to competency, such factual findings will not be disturbed on appeal. Id.
The factual basis for Lassek's pleas established that on the afternoon of October 7, 2002, Lassek shot and killed Jim Garnett in Omaha, Nebraska. Lassek confessed to the police that he had gone to Garnett's residence with the intent to rob Garnett of money, drugs, or both. Lassek told the police that although he went to Garnett's residence with other people, he was the one who entered the house and fired shots. Garnett died from multiple gunshot wounds to the chest.
Lassek was charged by information on April 10, 2003, with first degree murder and use of a firearm to commit a felony in the murder and robbery of Garnett. At a hearing on June 12, Lassek agreed to waive his right to a speedy trial and indicated that he planned to file a motion for a psychological examination to determine his competency to stand trial.
Lassek was examined by Dr. Louis C. Martin, a psychiatrist at the Lincoln Regional Center (LRC). Martin's evaluation of Lassek's competency was received into evidence at a hearing on November 20, 2003. Based on Martin's report that Lassek was not competent, the Douglas County District Court found that Lassek was not competent to stand trial. Counsel requested that Lassek be transferred to the LRC for treatment as recommended in the report and that the court set a date for review. The State had no objection.
At the hearing to review Lassek's competency, the court received into evidence a report from Martin dated March 19, 2004. Martin opined that Lassek had attained at least the minimal standard for competency to stand trial in Nebraska. In response, Lassek's counsel asked for a separate independent evaluation. With the agreement of the State, the court appointed Dr. Terry A. Davis to evaluate Lassek's competency to stand trial.
In a report dated September 28, 2004, Davis opined that Lassek was malingering and was competent to stand trial. The court then entered an order finding Lassek competent to stand trial. An amended information was filed on December 14, charging Lassek with second degree murder and use of a firearm to commit a felony.
At a hearing on May 16, 2005, Lassek was given leave to withdraw his previous pleas of not guilty. Through his attorney, Lassek stated that he wanted to plead no contest. The court examined Lassek concerning his understanding of his rights with regard to the entry of a plea of no contest. The court found beyond a reasonable doubt that Lassek understood the nature of the charges against him; that he understood the possible sentences; that his pleas were made freely, intelligently, voluntarily, and understandingly; that there was a factual basis for the pleas; and that the pleas were accurate. The court accepted the pleas and found Lassek guilty of the charges.
Lassek subsequently requested to withdraw his pleas and that he be appointed new counsel. The court denied both motions and found that Lassek was properly informed of his rights, that the pleas were properly accepted, and that Lassek was competent to enter a plea at the time.
Lassek was sentenced on August 4, 2005, to 45 years to life in prison for second degree murder and to 15 to 20 years in prison for the firearm charge, to be served consecutively to the sentence for second degree murder. He was given credit for time served of 878 days.
In summary, Lassek assigns the following errors: The district court erred (1) in finding Lassek competent; (2) in finding that Lassek freely, intelligently, voluntarily, and understandingly entered his pleas and in not allowing him 24 hours between the amendment of the information and the entry of the pleas; and (3) in imposing excessive sentences. Lassek also claims that he was denied effective assistance of counsel.
Lassek claims he was not competent to enter his pleas of no contest. The question of competency to stand trial is one of fact to be determined by the court, and the means employed in resolving the question are discretionary with the court. State v. Jones, 258 Neb. 695, 605 N.W.2d 434 (2000). If there is sufficient evidence in the record to support factual findings relating to competency, such factual findings will not be disturbed on appeal. Id.
The determination of Lassek's competency was based upon the medical opinions of two psychiatrists, Martin and Davis. Martin was a psychiatrist at the LRC, and Davis was appointed by the court to evaluate Lassek's competency. A person is competent to plead or stand trial if he or she has the capacity to understand the nature and object of the proceedings against him or her, to comprehend his or her own condition in reference to such proceedings, and to make a rational defense. State v. Hittle, 257 Neb. 344, 598 N.W.2d 20 (1999). The test of mental capacity to plead is the same as that required to stand trial. See, State v. Beans, 212 Neb. 31, 321 N.W.2d 72 (1982); State v. Wead, 9 Neb.App. 177, 609 N.W.2d 64 (2000).
When Lassek was first evaluated by Martin on November 5, 2003, Martin concluded that Lassek did not meet the standard for competency to stand trial in Nebraska. After Lassek was committed to the LRC, Martin reported that Lassek had become more communicative and in contact with reality. In a subsequent report by Martin dated March 19, 2004, he concluded that Lassek currently met the basic standard for competency to stand trial. Martin stated that the standard for trial competency was whether the defendant had the capacity to understand the nature and object of the proceedings against him, to comprehend his own condition in reference to such proceedings, and to make a rational defense.
Martin concluded Lassek generally understood which crimes he had been charged with and that if he was found guilty, he could be sent to prison for a significant period of time. Martin found that Lassek understood the trial process in a satisfactory way, knew there would be a judge whose responsibility would be to run the trial and make certain essential decisions, knew a defense attorney and a prosecuting attorney would be present, and knew what each person's responsibility would be. Martin found that Lassek had adequate understanding of what the witnesses' testimony would be, that he understood what was meant by taking an oath, and that Lassek understood that lying under oath would constitute a new crime of perjury.
Martin found that Lassek could, if necessary, testify in his own behalf and would hold up under the stress of trial without a high likelihood of decompensating. According to Martin, Lassek understood that either a judge or a jury would make a decision as to his guilt or innocence based on the evidence presented, and Lassek had "no paranoid desire for unreasonable punishment by the community." Martin opined that Lassek did not currently suffer from any mental defect or disorder which would preclude him from working with his attorney in the preparation and presentation of a rational defense. It was Martin's opinion that Lassek had attained, at least minimally, the standard for competency to stand trial in Nebraska.
The court granted Lassek's request for a second, independent examination because Martin's second report conflicted with his first. Lassek was evaluated by Davis on August 17, 2004, and his report was submitted to the court by Lassek's counsel on December 10. The purpose of Davis' evaluation was to determine whether Lassek was competent to stand trial, determine his mental status at the time of the alleged offenses, and determine what psychiatric treatment Lassek needed, if any.
In evaluating Lassek, Davis focused on whether he suffered from any mental illness or other psychiatric or emotional condition. He considered whether Lassek was competent to stand trial and whether he knew, understood, and appreciated the nature, quality, willfulness, and consequences of his actions on October 7, 2002. He considered whether as a result of any mental disease or defect, Lassek was unable to know, understand, or appreciate the nature, quality, wrongfulness, or consequences of his actions on the date in question and whether he needed any psychiatric treatment.
In his report, Davis noted that at the outset, Lassek was evasive and gave irrelevant answers. In order to assess Lassek's competency to stand trial, Davis asked Lassek a series of questions to determine whether he knew and understood the nature and substance of the charges and proceedings against him, the roles of the various participants in the courtroom process, and his constitutional rights. Davis also tried to assess Lassek's ability to assist in his defense (whether he was able to consult with his attorney) with a reasonable degree of understanding and whether he had a rational as well as...
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State v. O'Neill
...not be overturned unless it is "manifestly against the overwhelming weight of the evidence" (quotation omitted)); State v. Lassek , 272 Neb. 523, 723 N.W.2d 320, 324 (2006) (noting that competency to stand trial is a question of fact which will not be reversed if there is sufficient evidenc......
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State v. Palu, No. A-06-1166 (Neb. App. 9/25/2007), A-06-1166.
...of the defendant's demeanor and attitude and all the facts and circumstances surrounding the defendant's life. State v. Lassek, 272 Neb. 523, 723 N.W.2d 320 (2006); State v. Aldaco, The trial court determined that "imprisonment of [Palu] is necessary for the protection of the public because......
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State v. Owen, No. A-06-153 (Neb. App. 3/6/2007)
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...also establish a factual basis for the plea and that the defendant knew the range of penalties for the crime charged. State v. Lassek, 272 Neb. 523, 723 N.W.2d 320 (2006). A factual basis for a plea of guilty may be established by inquiry of the prosecutor, interrogation of the defendant, o......