State v. Velasquez
| Decision Date | 07 March 1966 |
| Docket Number | No. 7954,7954 |
| Citation | 1966 NMSC 37,76 N.M. 49,412 P.2d 4 |
| Parties | STATE of New Mexico, Plaintiff-Appellee, v. Richard VELASQUEZ, Defendant-Appellant. |
| Court | New Mexico Supreme Court |
Harry E. Stowers, Jr., Albuquerque, for appellant.
Boston E. Witt, Atty. Gen., Gary ODowd, Roy G. Hill, Asst. Attys. Gen., Santa Fe, for appellee.
The appellant was convicted by a jury of Bernalillo County of two counts of aggravated assault upon two priests, Father Biasio and Father Martinelli, then residing in San Jose Parish Catholic Church, 2401 Broadway, Albuquerque, New Mexico, and from the judgment imposing sentence he appeals.
On Sunday morning, March 22, 1964, the appellant appeared at the church at 6:30 a.m. ostensibly to inquire of someone who would perform a marriage ceremony for him. He rang the church bell and Father Biasio responded. When he stated the purpose of his visit he was told that it could not be performed that day but that he might return the next day. He returned Monday and at that time he met Father Martinelli and gave his name as Garcia. Father Martinelli declined to officiate for him because he was not a resident of that parish. The next day appellant was seen loitering in the church and upon being accosted by Father Biasio he gave no plausible excuse for his appearance in the church.
On Wednesday, March 25, 1964, Father Biasio was awakened at 5:20 a.m. by a noise at a window. Turning on a light, there stood the appellant, a stocking pulled over his head and armed with a pistol and an ax. Father Biasio asked him what he wanted and he responded by asking where the other Father was. He was told that Father Martinelli was in the rear. He drew the gun on Father Biasio and forced him to retreat towards the room occupied by Father Martinelli. Father Biasio called Father Martinelli and informed him that appellant had a gun. Father Martinelli immediately notified the police and then came to the rescue of Father Biasio. While maneuvering the appellant into a corner of the room he dropped the ax. They grabbed his hands and relieved him of the gun. The appellant had attempted to fire the pistol but it failed. While waiting for the police appellant asked Father Biasio to forgive him. He was advised that this was not the correct time to seek forgiveness. Appellant then seemed subdued and Father Biasio left the room to see if the police had arrived.
After Father Biasio had left the room, the appellant, still in a kneeling or crouched position, suddenly arose with an open knife in his hand and drew it on Father Martinelli. A scuffle ensued between them. Father Biasio heard the commotion, rushed in and appellant was disarmed again and then held until the arrival of the police. Neither Father recognized the appellant until the police arrived and removed the mask from his face. Incidentally, in an adjoining room there was located a large safe.
The defense interposed was 'not guilty' and 'not guilty by reason of insanity.'
Appellant first contends that he was denied due process because his psychotic condition at the time of trial prevented his giving to his counsel information and assistance vitally essential to his defense. The record rebuts this contention. Two qualified psychiatrists testified, Dr. Goldbloom for the appellant and Dr. Jacobson for the state. While Dr. Goldbloom testified at length, he did not testify that appellant by reason of his mental illness was unable to assist his counsel in his defense. On the other hand Dr. Jacobson testified: ...
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