State v. Reid

• Citation: 30 P.3d 465,144 Wash.2d 621
• Decision Date: 06 September 2001
• Docket Number: No. 70290-0.,70290-0.
• Court: Washington Supreme Court
• Parties: STATE of Washington, Respondent, v. Thomas REID, Petitioner.

30 P.3d 465

144 Wash.2d 621

STATE of Washington, Respondent, v. Thomas REID, Petitioner.

No. 70290-0.

Supreme Court of Washington, En Banc.

Argued June 14, 2001.

Decided September 6, 2001.

Ronald D. Ness & Associates, John L. Cross, Port Orchard, for Petitioner.

Russell Hauge, Kitsap County Prosecutor, Randall Avery Sutton, Deputy, Port Orchard, for Respondent.

SANDERS, J.

The question is whether an insanity acquittee must be unconditionally released from confinement in a mental institution if he establishes he no longer suffers from a mental disease or defect. We conclude our statute requires no less, reverse the Court of Appeals, and order Mr. Reid's unconditional release.

FACTS

Thomas Reid voluntarily ingested hallucinogenic drugs during April and June of 1994. Two months later Reid suffered a psychotic episode during which he shot and killed his roommate Aaron Hughes. Reid was charged with first degree murder and entered a plea of not guilty by reason of insanity.

Reid was examined by Dr. Carl Redick of Western State Hospital and Dr. Christian Harris of Seattle. Both men testified on his behalf at the insanity hearing. The state presented no witnesses to contradict the testimony offered by doctors Redick and Harris. Dr. Harris opined Reid had a "psychotic disorder that was induced by substance abuse of a hallucinogen, and that the type of psychotic disorder that he had was a paranoid one." Report of Proceedings (RP) at 5. He further concluded this paranoia prevented Reid from understanding the nature or wrongfulness of his acts when he shot his roommate.

Considering the testimony of Dr. Redick and Dr. Harris the trial court found:

The defense of insanity has been established by a preponderance of the evidence. The evidence has established that the Defendant, Thomas Reid, suffered from an underlying mental disease or defect of major depression and/or some other undiagnosed disease or defect. That his voluntary use of hallucinogenic drugs in April, 1994 and June, 1994, triggered a psychotic disorder that caused him to be legally insane at the time of the commission of the offence....

Clerk's Papers (CP) at 7-8. Based on this determination the court found Reid not guilty by reason of insanity. The court further found Reid presented both a substantial danger to others and a substantial likelihood of committing felonious acts jeopardizing public safety and security and so committed him, indefinitely, to Western State Hospital pursuant to RCW 10.77.110.

Reid spent the next three years confined to an inpatient treatment ward for the criminally insane. He was "alert, oriented and cooperative" when he arrived at the hospital. CP at 14. Throughout the course of his confinement Reid was consistently stable and presented no psychotic symptoms. He attended both group and individual therapy and developed stronger skills for handling his interpersonal relationships. He completed the legal offender unit's (LOU) dual diagnosis treatment module and the follow-up recovery group. He also participated in LOU's symptom management training and developed a relapse prevention plan. He also completed his high school education.

Reid filed a Motion for Order of Final Discharge¹ pursuant to former RCW 10.77.200 (1993) in Kitsap County Superior Court on March 31, 1998. Western State Hospital filed a report concerning Reid's possible release acknowledging "since admission Mr. Reid has shown no evidence of psychosis, even without antipsychotic medication, and has participated actively in the inpatient program." CP at 17. Further the report stated, "It is the opinion of the senior staff committee that Mr. Reid has received the maximum benefit that he is capable of receiving in the inpatient phase of treatment at the Legal Offender Unit." Id. Nevertheless the hospital declined to recommend a final discharge, opting instead to recommend conditional release.

Dr. Christian Harris again evaluated Reid and testified concerning his mental condition. Dr. Harris concluded Reid was "unimpaired by a mental disorder at the present time." RP at 9. Moreover the doctor testified Reid's ability to use insight and judgment had undergone a "100 percent reversal" since his initial commitment. RP at 10. While Dr. Harris conceded Reid had a "fragility" which made him particularly vulnerable to hallucinogenic drugs, he repeatedly asserted such "fragility" did not amount to a mental defect. Rather he emphasized Mr. Reid "does not have a mental disease or defect at the present time." RP at 18. And he concluded, "I don't think Mr. Reid is any more dangerous than any other member of the general population." RP at 12. Notwithstanding, Dr Harris recommended Reid be conditionally released rather than finally discharged.

Reid was also examined by Brett Trowbridge who is both a member of the Washington State Bar and Ph.D. in psychology. Dr. Trowbridge also recommended conditional release. However he disagreed with Dr. Harris's conclusion that Reid did not suffer from a current mental disease or defect. Dr. Trowbridge diagnosed Reid with major depression. But on cross examination Trowbridge was forced to concede Mr. Reid did not exhibit the symptoms necessary to justify such a diagnosis. Moreover Dr. Trowbridge admitted Reid was not presently psychotic. Additionally Trowbridge conceded Reid did not suffer a single psychotic episode since his arrival at Western State Hospital despite the fact that during the course of his commitment he was "housed with some very regressed and psychotic patients." CP at 22.

Reid's counsel argued the evidence presented by Dr. Harris, Dr. Trowbridge, and Western State Hospital all established Reid no longer suffered from a mental disease or defect, and thus he was entitled to a final discharge pursuant to the United States Supreme Court decision in Foucha v. Louisiana, 504 U.S. 71, 112 S.Ct. 1780, 118 L.Ed.2d 437 (1992).

The Kitsap County Superior Court conditionally released Reid rather than finally discharging him on July 28, 1998. The court's memorandum opinion states in part:

The testimony presented by Dr. Harris concludes that Mr. Reid is not suffering from a mental disease or defect at this time. Dr. Harris recommends a conditional release. Dr. Trowbridge, while first finding an Axis I diagnosis of major depression, could not substantiate that finding in his testimony. He recommended a conditional release. Western State has given an Axis I diagnosis that is essentially his presenting diagnosis. They are recommending a conditional release. The Court concludes, based on the testimony and evidence, that Mr. Reid is not currently suffering from a mental disease or defect but, if he were to use drugs or become overly stressed in his environment, it is more likely than not that he would decompensate and experience a psychotic episode. He, therefore, continues to present a substantial danger to other persons or a substantial likelihood of committing felonious acts. Showing that he is not currently suffering a mental disease or defect is not sufficient alone to meet the statutory requirements based on a plain reading of the statute and the Court's opinion in the Foucha case.

CP at 27.

The order of conditional release required, inter alia, Reid to continue to reside at Western State Hospital. The length of his stay at the hospital and the privileges to which he was entitled were matters left within the discretion of the treatment staff. The order further prohibited Reid from driving a car without permission of the staff, subjected him to random drug and alcohol testing, and required him to seek permission from the staff for all off-campus activities.

Reid filed a timely notice of appeal on August 13, 1998. Division Two of the Court of Appeals, in a published opinion, rejected Reid's argument that he was entitled to a final release based on its reading of the commitment statute and Foucha, and affirmed. State v. Reid, 102 Wash.App. 508, 7 P.3d 872 (2000). Thereafter Reid sought and obtained review here.

ANALYSIS

The Washington State Legislature has seen fit to provide criminal defendants with a mechanism for obtaining an acquittal by reason of insanity. See ch. 10.77 RCW. The would-be insanity acquittee has "the burden of proving by a preponderance of the evidence that he or she was insane at the time of the offense or offenses with which he or she is charged." RCW 10.77.080. If the defendant carries this burden, an acquittal may be entered and the defendant thus "escapes"² criminal punishment. The statute further provides for the civil commitment of insanity acquittees who present a substantial danger to others or a substantial likelihood of committing future criminal acts which would jeopardize public safety. RCW 10.77.110. While the acquittee is presumed to continue to labor under a mental defect, State v. Platt, 143 Wash.2d 242, 251, 19 P.3d 412 (2001),³ there is no such presumption with respect to whether the acquittee continues to be dangerous at the time of acquittal. That determination is left to the trier of fact. RCW 10.77.040, .080. Thus the laws of the State of Washington provide greater protection to insanity acquittees than is necessarily required under the Federal Constitution where prevailing on a not-guilty-by-reason-of-insanity plea may constitute, ipso facto, adequate grounds for commitment. Foucha, 504 U.S. at 76,112 S.Ct. 1780.

An insanity acquittee committed pursuant to RCW 10.77.110 may apply to the Secretary of the Department of Social and Health Services for final discharge or conditional release. RCW 10.77.150(1), .200(1). The secretary then determines whether reasonable grounds exist to grant the request. RCW 10.77.200(1). If the secretary approves the application the acquittee is authorized to submit a petition to the court. Id.

RCW 10.77.150(2) which relates to conditional release states:

The court of the county which ordered the person's commitment, upon receipt of an application

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