State v. Parks

• Decision Date: 25 June 1992
• Docket Number: No. 202A91,202A91
• Citation: 331 N.C. 649,417 S.E.2d 467
• Court: North Carolina Supreme Court
• Parties: STATE of North Carolina v. Jonathan PARKS

Page 467

417 S.E.2d 467

331 N.C. 649

STATE of North Carolina v. Jonathan PARKS

No. 202A91.

Supreme Court of North Carolina.

June 25, 1992.

Lacy H. Thornburg, Atty. Gen. by Howard E. Hill, Asst. Atty. Gen., Raleigh, for the State.

Malcolm Ray Hunter, Jr., Appellate Defender, Raleigh, for defendant-appellant.

FRYE, Justice.

The sole issue on appeal is whether the Court of Appeals erred by affirming the trial court's denial of defendant's pretrial motion for appointment of a psychiatrist at state expense to assist in the preparation and presentation of his defense. We hold it did and therefore reverse and remand for a new trial.

I.

Defendant Jonathan Parks was convicted by a Graham County jury on numerous charges stemming from a bizarre three and one-half hour ordeal in which he held his half sister at gunpoint, threatening her life, and rambling about such diverse topics as war leaders and childhood memories of their father. Following is an account based on testimony and evidence produced at defendant's trial and sentencing hearing.

Defendant, twenty-four years old at the time of trial, had a history of psychiatric problems. In fact, he had checked himself into Angel Community Hospital for psychiatric treatment on 5 January 1988. On 15 January 1988, defendant, against the advice of his doctors, left the hospital and went to his half sister's home located about four miles from Robbinsville, North Carolina.

Martha Parks, defendant's half sister, was director of Graham County Social Services in January 1988. When she arrived home from work around 5 p.m. on 15 January, she noticed that two panes of glass had been broken out of her patio door. Once inside the house, she saw defendant coming down the hall with a shotgun pointed at her. Miss Parks testified that defendant's face was flushed, he was extremely agitated and he had a "strange smile on his face." Defendant asked Miss Parks if she knew what a mess a shotgun would make. He then proceeded to tell Miss Parks that she did not deserve to live, that she had deprived him of his "birthright," and that there were other people in Graham County who also deserved to die. Defendant then asked Miss Parks if she was ready to make peace with God. Defendant was "very, very angry--very, very--filled with anger," she testified.

After a period of time, Miss Parks told defendant that she was cold, noting that defendant had broken out two panes of glass in the patio door. Defendant said he would repair the door if Miss Parks had a piece of cardboard. Miss Parks gave defendant a cardboard box, and he placed it over the open space in the door.

Miss Parks testified that defendant told her at some point during the evening that he had found a gun and ammunition that she kept in the house and had loaded it. Soon thereafter, defendant said: "I'll tell you what. I'll give you a chance. I'll put your gun on the table and we'll draw." Defendant then tossed the gun on a table. Miss Parks said she kept her hands in her pocket and told defendant that she was not a violent person.

During the next few hours, defendant talked constantly. He talked about having just been released from the psychiatric unit in Franklin and how the psychiatrists were trying to make him crazy. He talked about war leaders, about his great admiration for Vietnamese and Israeli soldiers. "We had a rather intellectual discussion on war leaders," Miss Parks recalled during testimony. He talked about the death of his mother and about his childhood memories of their father.

Before leaving her house, defendant said he was taking $40 and Miss Parks' gun. Miss Parks handed defendant two twenty dollar bills out of her purse. Finally, around 8:30 p.m., defendant left the house. Miss Parks testified she "was still like numb. This was a period of three and a half hours."

Five minutes later, there was a knock at the door. When Miss Parks went to investigate, she heard defendant say, "I've dropped my shotgun in the snow. I need a flashlight." Miss Parks gave defendant a flashlight. Within a few minutes, defendant returned the flashlight, saying he had found the shotgun. Defendant left once more.

A short while later, while still debating whether to call the sheriff, Miss Parks heard a gunshot. Believing defendant was still on her property, Miss Parks called Graham County Sheriff Melvin Howell, who promptly came to her home. Sheriff Howell contacted Deputy Richard Lofty and told him to pick up defendant and bring him to jail. Deputy Lofty, who was already responding to a disturbance call of someone cursing and shooting on the highway, spotted defendant walking along Highway 129 about two miles from Miss Parks' house. Deputy Lofty testified that he pulled his patrol car next to defendant and told him to get inside. Defendant responded that he was a "freedom fighter" and would not get into the car. After being ordered into the patrol car a second time, defendant complied and was taken to jail.

Defendant, who acted as his own attorney at trial, ¹ called only one witness, former Graham County Sheriff's Deputy Jerry Crisp. Defendant asked Deputy Crisp whether defendant's rights had been read to him when he was arrested. Deputy Crisp replied that defendant was advised of his rights prior to being interviewed, and that defendant declined to make a statement. Defendant requested that he be allowed to submit a written statement in lieu of giving oral testimony. Judge Downs sustained the State's objection, and defendant did not testify. Defendant also chose not to address the jury during closing arguments.

Defendant was convicted of felonious breaking and entering, second-degree kidnapping, larceny of a firearm, robbery with a dangerous weapon, and carrying a concealed weapon. He was sentenced to twenty-six years in prison. The Court of Appeals, in an unpublished opinion, upheld defendant's convictions. State v. Parks, 102 N.C.App. 354, 402 S.E.2d 662 (1991). Defendant appealed as of right based on a substantial constitutional question. N.C.G.S. § 7A-30(1) (1989). Defendant also filed a petition for discretionary review pursuant to N.C.G.S. § 7A-31. The State filed a motion to dismiss the appeal. Defendant's petition for discretionary review and the State's motion to dismiss the appeal were denied by this Court. State v. Parks, 329 N.C. 503, 407 S.E.2d 548 (1991).

II.

Prior to trial, on 20 May 1988, defendant's appointed counsel, James L. Blomeley, Jr., filed a written Motion for Appointment of Psychiatrist. The motion stated that defendant was indigent, that he had been recently diagnosed at Dorothea Dix Hospital as having a "mixed personality disorder with schizoid, dependent, inadequate and avoidant features," and was found to be suffering from delusions. The motion also noted that defendant had been previously evaluated at Dorothea Dix Hospital in relation to another criminal case. In that earlier case, psychiatrists concluded that "his crime seems to be the result of mental impairment." Attorney Blomeley concluded that he was "of the opinion that a full psychiatric evaluation of Mr. Parks would be [of] great importance in fully preparing an adequate defense in this matter."

Judge Downs listened to oral arguments prior to ruling on defendant's motion. At the hearing, Judge Downs reviewed defendant's Dorothea Dix Discharge Summary prepared on 5 February 1988 by state psychiatrist Dr. Bob Rollins. ² The Discharge Summary stated, in pertinent part:

SOCIAL HISTORY: Mr. Parks was evaluated by the undersigned [Dr. Rollins] on somewhat similar charges in April, 1987. Diagnosis at that time was Mixed Personality Disorder. Mr. Parks has had past diagnoses of Schizophrenia and Dependent Personality. Subsequent to that evaluation, Mr. Parks got an active sentence on those charges and was released from prison November 6, 1987. During that incarceration he took neuroleptic medication and it was the opinion of clinicians that there were [sic] some slight improvement in his overall mental state as [a] result of medication....

HOSPITAL COURSE: Mr. Parks refused neuroleptic medication. He indicated that he did not wish to be in the Forensic Unit and was relatively uncooperative with the evaluation process.

OPINIONS: Mr. Parks has longstanding adjustment problems. At times these have been viewed as representing Schizophrenia, but the present clinical picture suggest[s] a longstanding and severe personality disorder. Mr. Parks does not have a mental disorder that would prevent him from being capable to stand trial or being responsible for his actions. Any lack of cooperation on his part is willful....

Dr. Rollins also noted in the Discharge Summary that "[d]elusional beliefs may be present.... Intellectual functions are dull and judgment and insight are impaired." The principal diagnosis was mixed personality disorder with schizoid, dependent and avoidant features.

During the hearing on defendant's motion, attorney Blomeley informed Judge Downs that defendant's April 1987 evaluation mentioned in Dr. Rollins' current report "comes down much more heavily on the notion that the illness or whatever the problem is, is a substantial contributing factor and influences the way that he views the world...." Mr. Blomeley argued that, "the nature of what is alleged [in this case] indicates a significant likelihood that there was a problem of this sort involved and I think that it calls for some kind of ... evaluation toward that end."

Mr. Blomeley also informed Judge Downs that defendant "has been hospitalized at Angel Hospital and has had significant contact with Smokey Mountain Mental Health." In addition, Judge Downs was made aware that Dr. Rollins was "on call" for the prosecution, having been subpoenaed by assistant district attorney Christina B. Clapsaddle.

Judge Downs, attempting to get to the heart of the matter, said to Mr. Blomeley:

Well, you are not asking for an examination, you want an appointment of an expert to assist...