State v. Sisouvanh
| Decision Date | 18 October 2012 |
| Docket Number | No. 85422–0.,85422–0. |
| Court | Washington Supreme Court |
| Parties | STATE of Washington, Respondent, v. Phiengchai SISOUVANH, Appellant. |
OPINION TEXT STARTS HERE
Eric J. Nielsen, Nielsen Broman & Koch PLLC, Michael Paul Iaria, Law Office of Michael Iaria, PLLC, Seattle, WA, for Appellant.
Andrew Kelvin Miller, Benton County Prosecutor's Office, Kennewick, WA, for Respondent.
Diane Narasaki, Seattle, WA, amicus counsel for Asian Counseling & Referral Service.
Brian D. Buckley, Ewa Maria Davison, Fenwick & West LLP, Seattle, WA, amicus counsel for Fred T. Korematsu Center for Law and Equality.
Daryl Fujii, DR, Kailua, HI, amicus counsel.
David Ko, Keller Rohrback LLP, Seattle, WA, amicus counsel for Korean American Bar Association of Washington.
Teebah Alsaleh, Edifecs, Inc., Bellevue, WA, amicus counsel for Middle Eastern Legal Association of Washington.
Jorge Luis Baron, Northwest Immigrant Rights Project, Seattle, WA, amicus counsel for Northwest Immigrant Rights Project.
Michele Elena Storms, William H. Gates Hall UW School of Law, Seattle, WA, amicus counsel for of OneAmerica.
Neil Martin Fox, Law Office of Neil Fox, PLLC, Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Travis Stearns, Ann E. Benson, Washington Defender Association, Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers/Washington Defender Association.
[175 Wash.2d 611]¶ 1 On direct review, appellant Phiengchai Sisouvanh challenges the adequacy of the competency evaluation she received pursuant to RCW 10.77.060 prior to her trial and conviction for aggravated first degree murder. Sisouvanh immigrated to the United States from Laos at around five years of age and alleges that the court-appointed expert who conducted her evaluation failed to properly account for her distinct cultural background as a Laotian immigrant.
¶ 2 We affirm the trial court. The court-appointed expert who evaluated Sisouvanh reasonably explained the propriety of the tests he administered and his interpretation of Sisouvanh's behavior, and the trial court did not abuse its discretion by accepting the expert's examination and report as having been conducted in a qualified manner sufficient to satisfy RCW 10.77.060.
¶ 3 On June 27, 2008, Sisouvanh committed murder. Sisouvanh met a pregnant woman that day and offered to give the woman spare baby clothes. Sisouvanh drove the woman to a highway turnout, stabbed her, and then proceeded to a secluded location where she cut the woman's abdomen open and removed the baby from the woman's womb.
¶ 4 Sisouvanh then drove to another location and called emergency services, reporting that she was giving birth and in need of assistance. She moved into the backseat of her car with her victim's child, partially undressed herself, and waited for an ambulance to arrive. Sisouvanh was taken to a hospital, where a doctor examined her and discovered that she had not given birth. Although Sisouvanh initially persisted in denying the doctor's allegation, eventually she admitted that she had cut the baby out of another woman. The doctor contacted police. A police officer arrived and Sisouvanh said, “I know you have to read my rights.” 5 Verbatim Report of Proceedings (VRP) (Jury Trial) at 551. Sisouvanh then admitted to and described her crime to the police. Sisouvanh's primary victim did not survive, but the decedent's child did survive.
¶ 5 Sisouvanh was charged with aggravated first degree murder. Dr. Richard Adler was retained by the defense to investigate the propriety of the death penalty. Dr. Adler examined Sisouvanh; because Sisouvanh came to the United States from Laos at a young age, Dr. Adler consulted extensively with another doctor familiar with Laotian culture. The defense team then presented a mitigation package, including Dr. Adler's report among others, detailing Sisouvanh's difficult upbringing and questionable mental health. The prosecutor chose not to seek the death penalty.
[175 Wash.2d 613]¶ 6 On October 20, 2009, the trial court ordered a competency evaluation at Eastern State Hospital (Eastern) pursuant to RCW 10.77.060. The parties agreed to an evaluation by one qualified expert or professional person. Dr. Randall Strandquist was designated to evaluate Sisouvanh at Eastern and to submit a report on her competency to stand trial.
¶ 7 Dr. Strandquist evaluated Sisouvanh's competency to stand trial based on various observations by Eastern hospital staff, the results of multiple diagnostic tests, and a formal forensic interview. Dr. Strandquist concluded that Sisouvanh was able to rationally understand and communicate and that her selective behavior to the contrary was a result of malingering, which consists of false or grossly exaggerated symptoms intentionally produced for some external purpose.
¶ 8 Dr. Strandquist considered numerous observations from hospital staff at Eastern. Upon arrival, Sisouvanh began treating a rolled-up blanket as a baby and telling others that the blanket was her child. Eventually, Sisouvanh stopped carrying the blanket, became social with peers, and was “clear in thought and speech and able to make needs known.” 1 VRP (Competency Hr'g) at 22–25. Eastern staff noted inconsistencies in Sisouvanh's reports of her delusional beliefs, and one staff member reported his conclusion that she was very likely malingering. Staff members also observed that Sisouvanh stopped displaying delusional behavior in particular when she did not know she was being observed, but the delusions would return in interviews with doctors and other such formal settings.
¶ 9 Dr. Strandquist had numerous diagnostic tests administered, including the Wechsler Adult Intelligence Scale, the Personality Assessment Inventory (PAI), the Rorschach test, and the Miller Forensic Assessment of Symptoms (M–FAST). The intelligence testing showed that Sisouvanh possessed a good attention span and a full scale IQ (intelligence quotient) of 72 (including a relatively low verbal score that might have reflected a verbal expression disorder). On the PAI, which obtains scaled answers to various questions in order to determine psychological impairment, Sisouvanh's answers “portrayed [her] as more psychologically impaired than realistically could be,” resulting in a score of 129, with a score of 70 or above being a significant indicator that the subject is malingering. Id. at 15–16; see also id. at 14 (). Likewise, on the M–FAST, which asks “about symptoms that are typically not found in legitimate psychopathology,” Sisouvanh scored a 23, with a score of 6 or more indicating a likelihood of malingering. Id. at 19–20; see also id. at 20 (). Dr. Strandquist concluded that Sisouvanh likely was malingering.
¶ 10 Dr. Strandquist also conducted a formal forensic interview that focused on issues specifically related to competency to stand trial. The interview began with “basic historical questions,” including the age Sisouvanh came to the United States, her family life, and her experiences with school and work. Id. at 26. Dr. Strandquist observed no signs of any thought disorder in Sisouvanh's presentation. When Dr. Strandquist began to ask Sisouvanh about the trial court, however, “the delusional thoughts kicked in.” Id. at 28. Sisouvanh “started talking about her imaginary friend,” asserted “her belief that she's a princess,” and also claimed that “[s]he's a psychic and can see into the future.” Id. at 29. In the midst of these delusions, Sisouvanh did acknowledge that she had been charged with first degree murder. Dr. Strandquist became frustrated and terminated the interview soon thereafter.
¶ 11 Dr. Strandquist concluded that Sisouvanh was competent to stand trial. This conclusion was based on Sisouvanh's ability to attend, rationally understand, and communicate.
¶ 12 At the competency hearing, Dr. Strandquist testified regarding his competency evaluation and report. The report itself was not filed into the record, but the transcripts make clear that the trial court and both parties received copies.
¶ 13 Dr. Strandquist's curriculum vitae was submitted as an exhibit, and he testified regarding his qualifications, including a master's degree in psychology and a doctorate in clinical psychology. As part of his education, Dr. Strandquist was “trained in the various unique characteristics of a variety of cultures.” 1 VRP (Competency Hr'g) at 107. Dr. Strandquist also had substantial experience and education in conducting psychological examinations, including a one-year rotation at Harbor–UCLA Medical Center learning neuropsychological evaluations, an internship at Terminal Island Prison in California, and an internship at the Federal Medical Center in Fort Worth, Texas, where he learned how to conduct forensic evaluations. Dr. Strandquist also had approximately five years of experience at Eastern conducting forensic evaluations, and Dr. Strandquist testified that he had produced approximately 100 forensic reports during the previous year.
¶ 14 Defense counsel questioned Dr. Strandquist regarding his cultural competency to evaluate Sisouvanh. Dr. Strandquist explained that based on what he learned in the formal forensic interview—that Sisouvanh came to the United States when she was five years old, was socially active in high school, graduated and then obtained a nursing assistant certification, and passed her board exams on her first attempt—he judged her to be substantially acculturated to the United States. Thus, Dr. Strandquist concluded that he could rely on the tests he administered and...
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