State v. Williams

• Decision Date: 13 March 2008
• Docket Number: No. 28051.,28051.
• Citation: 247 S.W.3d 144
• Parties: STATE of Missouri, Plaintiff-Respondent, v. Roderick D. WILLIAMS, Defendant-Appellant.
• Court: Missouri Court of Appeals

247 S.W.3d 144

STATE of Missouri, Plaintiff-Respondent, v. Roderick D. WILLIAMS, Defendant-Appellant.

No. 28051.

Missouri Court of Appeals, Southern District, Division Two.

March 13, 2008.

Craig A. Johnston, of Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., and Daniel N. McPherson, Assistant Attorney General, Jefferson City, MO, for respondent.

GARY W. LYNCH, Chief Judge.

Roderick D. Williams ("Defendant") was charged with two counts of forcible rape, in violation of section 566.030.1¹ (Counts 1 and 3), and, in the alternative, two counts of statutory rape in the second degree, in violation of section 566.034 (Counts 2 and 4). Following a jury trial, Defendant was convicted on Counts 1 and 3 of forcible rape, and Counts 2 and 4 of second-degree statutory rape were dismissed. Specifically, Count 1 charged that Defendant had sexual intercourse with the victim by the use of forcible compulsion, and Count 3 charged that Defendant aided another man in having sexual intercourse with the victim by the use of forcible compulsion. The trial court sentenced Defendant to thirty years' imprisonment on Count 1, and fifteen years' imprisonment on Count 3, with the sentences to run consecutively to each other. Defendant appeals, contending the trial court erred in: (1) denying Defendant's motion for a mental examination under section 552.020; (2) denying Defendant's motion to dismiss the jury panel for substantial failure to comply with the jury selection statutes under Chapter 494; (3) precluding Defendant from asking questions about specific ranges of punishment during voir dire; and (4) allowing the jury during deliberations to review the written statement of a witness which was admitted as an exhibit during trial. We affirm.

Factual and Procedural Background

Defendant does not challenge the sufficiency of the evidence; therefore, a brief summary of the facts will suffice for our review. State v. Johnson, 150 S.W.3d 132, 134 (Mo.App.2004).

On the evening of October 28, 2004, Victim,² who was sixteen years old, went to visit her friend, Kashina Bergesch ("Bergesch"). Bergesch lived in a second-floor apartment. Bergesch had to leave for a little while, and Victim sat at the top of the stairs for about thirty minutes waiting for Bergesch to return. Defendant and Michael Wilson ("Wilson") came up the stairs and knocked on Bergesch's door. When no one answered the door, the two men sat and talked with Victim, although she did not know who they were. Defendant, who was twenty-four years old, gave Victim some vodka to drink, and the three of them sat there drinking for about an hour. Victim stood up and started to fall because she was tipsy, and Defendant caught her. Defendant tried to kiss her, and she pushed away from him. Then Defendant and Wilson pushed Victim through the window of a vacant apartment next to Bergesch's apartment. Wilson took off Victim's shoes and pants while she was hitting him and screaming at him to stop. Then one of them hit her in the head, and she fell to the floor. They pulled her into the kitchen, and Wilson had sexual intercourse with her. Victim fought and yelled, "No" for a while, but eventually she gave up because he wouldn't stop. When Wilson was finished, Defendant pulled Victim further into the kitchen and had sexual intercourse with her. While he was having sex with her, Bergesch was walking up the stairs and, hearing Victim screaming, she came into the apartment and pulled Defendant off of Victim. Bergesch took Victim to her apartment. A female officer who had arrived at the scene convinced Victim to go to the hospital. Sperm was detected in the vaginal swabs taken as part of the rape kit at the hospital. DNA testing performed on the sperm cells revealed a mixture of two individuals; Defendant was consistent with being a major contributor, and Wilson was consistent with being a minor contributor.

Defendant was charged, convicted, and sentenced, as set out above. This appeal followed.

Discussion

Defendant brings four points relied on alleging trial court error. For ease of analysis, we address them out of order.

Denial of Defendant's Motion for Mental Examination Under Section 552.020

In his third point, Defendant contends the trial court erred in denying his motion for a mental examination, under section 552.020, on the day before trial. He argues that defense counsel alleged he had concerns about Defendant's competence to assist in his defense at trial, due to his statements that God was talking to him and would perform a miracle for him if he did not assist in his own defense therefore, the trial court had reasonable cause to believe that Defendant was unable to assist counsel in his defense and abused its discretion in denying the motion.

Section 552.020.1 provides that "[n]o person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as the incapacity endures."

The test for competency is whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and has a rational as well as a factual understanding of the proceedings against him. Edwards v. State, 200 S.W.3d 500, 519 (Mo.2006). "In Missouri a defendant is presumed competent, and has the burden of proving incompetence by a preponderance of the evidence." Section 552.020.8; State v. Anderson, 79 S.W.3d 420, 432-33 (Mo. banc 2002). When sufficient information comes before the court such that the judge has reasonable cause to believe the defendant lacks fitness to proceed, the judge must order a mental examination, even if counsel has not raised the issue. Section 552.020.2; State v. Yeager, 95 S.W.3d 176, 179 (Mo.App.2003). "Reasonable cause may arise from evidence adduced or from the trial court's personal observation of [the defendant]." State v. Mercado, 787 S.W.2d 848, 851-52 (Mo.App.1990). "The mere filing of a motion under [section] 552.020 and counsel's naked assertion that the accused is incompetent does not provide the trial court with reasonable cause to believe that the psychiatric examination is required. There must be evidence tending to show incompetency or it must appear to the trial court from personal observation that the defendant is incompetent." Guinan v. State, 726 S.W.2d 754, 757 (Mo.App.1986). Where the available facts do not rise to the level of "reasonable cause," the trial court has broad discretion in deciding whether to order a mental exam. Holman v. State, 88 S.W.3d 105, 110-11 (Mo.App.2002); State v. Tilden, 988 S.W.2d 568, 576-77 (Mo.App.1999). The court is not a mere "automaton" that must grant such motions just because they have been filed. Woods v. State, 994 S.W.2d 32, 37 (Mo.App.1999).

"The guiding issue of appellate review where the court has not sustained or instituted an order for a mental exam under [section] 552.020.2, is not whether the defendant was truly competent to stand trial, but, rather, whether the failure to order an exam under the circumstances constituted a denial of due process." Woods, 994 S.W.2d at 37. When reviewing whether reasonable cause existed to have ordered an exam, this court determines whether a reasonable judge, in the same situation as the trial judge, should have experienced doubt as to the defendant's competency. State v. Tokar, 918 S.W.2d 753, 762-64 (Mo. banc 1996); State v. Elam, 89 S.W.3d 517, 521 (Mo.App.2002). The trial court's determination of competency is a factual determination that must stand unless unsupported by substantial evidence. Elam, 89 S.W.3d at 521; Tilden, 988 S.W.2d at 576. We defer to the trial court's factual determinations without re-weighing the evidence, as the trial court is in the best position to assess the credibility of those testifying and weigh the evidence accordingly. State v. Baumruk, 85 S.W.3d 644, 648 (Mo.2002); Elam, 89 S.W.3d at 521; Tilden, 988 S.W.2d at 576.

On the day before trial, Defendant filed the motion entitled, "Motion For Continuance For Evaluation Under MO REV STAT SEC. 552.020." As to Defendant's mental status, the motion alleged:

Defendant appears to believe that God talks to him, through other people. Defendant appears to believe that God is going to perform a miracle on his behalf in this case. Defendant appears to believe that it would be wrong for him to assist in his defense and in preparation for trial. Defendant appears to believe that to do so would result in God's withholding the miracle. (Emphasis added).

Defendant's counsel did not ask for an evidentiary hearing on this motion, and thus, no evidence as to Defendant's mental status was before the trial court. In the absence of such proffered evidence, the trial court was left with only its personal observations with which to evaluate Defendant's current mental competency. Guinan, 726 S.W.2d at 757.

The trial court denied the motion, stating:

This Court has had the opportunity to observe the defendant Mr. Williams during court appearances. At all times he has behaved in a proper manner. The defendant had requested a speedy trial. This case was set for trial in January, it was continued and over the defendant's objection. He certainly appeared lucid and at that time wanted the case to go to trial. It was reset for March and once again was continued and over the defendant's own objection because he was wanting a speedy trial. He has appeared here in court today. He has been able to [-] appears to at least confer with counsel. He has been respectful in court. I don't see any basis for an examination.

During a recess at trial, the trial court questioned Defendant on the record about his decision not to testify. Defendant stated that he understood no one could force him to testify. He also stated that he had discussed his decision with his attorneys, and it was his own decision not to...