State v. Wooster, No. 97-592

• Docket Nº: No. 97-592
• Citation: 293 Mont. 195, 974 P.2d 640
• Case Date: February 18, 1999
• Court: United States State Supreme Court of Montana

Page 640

974 P.2d 640 1999 MT 22 STATE of Montana, Plaintiff and Respondent,
v.
Ronald C. WOOSTER, Defendant and Appellant. No. 97-592. Supreme Court of Montana. Argued April 30, 1998.
Submitted June 23, 1998.
Decided Feb. 18, 1999.

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Brad L. Belke, (argued) Attorney at Law, Butte, Montana, for Appellant.

Hon. Joseph P. Mazurek, Attorney General, Robert M. McCarthy, Silver Bow County Attorney, Brad Newman, (argued) Chief Deputy County Attorney, Butte, Montana, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶1 Ronald C. Wooster (Wooster) appeals from the decision of the Second Judicial District Court, Silver Bow County, concluding that Wooster continues to suffer from a mental disease or defect that causes him to be a danger to society and prevents his release from Montana State Hospital. We remand for further proceedings consistent with this opinion.

Standard of Review

¶2 We review a district court's findings of fact to determine whether they are clearly erroneous. Interstate Production Credit v. DeSaye (1991), 250 Mont. 320, 323, 820 P.2d 1285, 1287.

Factual and Procedural Background

¶3 During an investigation of an apparent accident on U.S. Highway 10 near Butte, Montana, highway patrol officers discovered two dead passengers in a truck that Wooster had driven. The passengers were Wooster's two daughters, two-and-a-half-year-old Stacy and six-year-old Kelly. Both girls had died because of fatal neck wounds that were inflicted with an axe. Wooster later confessed to the murders and he was charged with two counts of deliberate homicide.

¶4 The District Court committed Wooster to Warm Springs State Hospital (hereafter, Montana State Hospital) for a psychiatric examination to determine whether Wooster was competent to stand trial. In a report submitted in April, 1978, Katherine Gallagher (Dr. Gallagher), a psychologist with Montana State Hospital, diagnosed Wooster with "Schizophrenia, Chronic Undifferentiated Type," and determined that he was incompetent to stand trial. Dr. Gallagher reported that Wooster told her that he

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had not drunk alcohol or used drugs on the day that his daughters died. Dr. Gallagher also reported that when his daughters died, Wooster "was thinking about saving mankind as he was heaven-sent and that was his purpose.... Now, he does not want to die or be crucified, although he is still God."

¶5 In late October, 1978 the District Court held a hearing to determine whether Wooster had mental capacity to understand the proceedings and "to appreciate the criminality of his conduct or to conform his conduct to the requirements of law at the time of the commission of the offense charged." In an order entered in November, 1978 the District Court concluded that Wooster was incompetent as a result of a mental disease or defect and that he "suffered from a mental disease or defect at the time of the commission of the offense for which he is charged which rendered him incapable of appreciating the criminality of his conduct or conforming his conduct to the requirements of the law." The District Court acquitted Wooster of the two charges of deliberate homicide, and committed him to the custody of the Superintendent of Montana State Hospital for "custody, care, and treatment." The District Court set a hearing in December, 1978, pursuant to § 95-508, RCM (1947), to determine Wooster's mental condition and to determine whether Wooster could then be safely discharged without danger to others. Following the December, 1978 hearing the District Court found that Wooster continued to suffer from a mental disease or defect that made him a danger to himself and others if discharged or released from the hospital. The District Court remanded Wooster to the permanent custody of Montana State Hospital but recognized his statutory right to future hearings "regarding his mental condition."

¶6 In May, 1990, Wooster petitioned the District Court for release from Montana State Hospital. The State of Montana (the State) opposed Wooster's petition and moved for a psychiatric examination of Wooster pursuant to §§ 46-14-302 and -303, MCA (1989). In response, the District Court appointed Dr. William Stratford (Dr. Stratford), a psychiatrist, to evaluate the mental condition of Wooster. The District Court ordered that Dr. Stratford retain a clinical psychologist to assist him in that examination.

¶7 Dr. Stratford engaged Michael J. Scolatti, Ph.D. (Dr. Scolatti), a clinical psychologist. Dr. Scolatti found that Wooster had originally been diagnosed with Schizophrenia, Chronic Undifferentiated Type and that he had been diagnosed with that condition during his first three years of confinement. However, in Wooster's most recent psychological evaluation, Wooster was diagnosed with antisocial personality disorder, alcohol dependency that was in remission, and "psychoactive substance abuse not otherwise specified." Dr. Scolatti also tested Wooster and reported that his test results "are indicative of a long-term ingrained personality disorder, primarily that of an Antisocial Personality Disorder." Wooster disclosed to Dr. Scolatti that when he was 18 years old, he became drunk and smoked "dope" while baby sitting and that he exposed himself to a child. Wooster blamed that conduct on his use of drugs and alcohol and said it was an "isolated" incident. Dr. Scolatti observed that when asked about the murder of his two daughters, "Mr. Wooster gave a lengthy, detailed, and apparently rehearsed tale with Satanic overtures and UFOs. However, when it came to describing the actual homicides, Mr. Wooster experienced a complete blackout. Then after completing the murders Mr. Wooster's memory returned." Dr. Scolatti concluded that "[i]t is unusual to have such a circumscribed memory loss if caused by alcohol consumption or psychosis." Dr. Scolatti found that Wooster had "minimal" remorse and no insight into his crimes and that Wooster had not received enough treatment for Dr. Scolatti to conclude that Wooster was no longer a danger to society. Dr. Scolatti recommended that Wooster receive anger management therapy and treatment for his chemical dependency and urged that "all precautions and therapeutic avenues should be exhaustively utilized before he is released."

¶8 When Dr. Stratford evaluated Wooster in 1990, Wooster had not received any medication in six or seven years. Dr. Stratford noted that in 1970, Wooster was voluntarily committed to Warm Springs State

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Hospital and that his files showed that he had exposed himself to a child. In March, 1990, Wooster had been diagnosed as a Chronic Undifferentiated Schizophrenic and as having an antisocial personality disorder. Dr. Stratford concluded that Wooster had not received any treatment that would address his antisocial capacity or his psychosis, if indeed his psychosis existed, nor had Wooster received treatment for drug and alcohol abuse and his "sexual dysfunction." Dr. Stratford also found that Wooster suffered from a personality disorder, "primarily antisocial type." Dr. Stratford concluded that Wooster "poses a substantial threat or risk to others if released, and should not be released."

¶9 In March, 1991 the District Court determined that Wooster continued to suffer from a mental disorder, "specifically an Antisocial Personality Disorder," and an "alcohol and chemical dependency." Further, the District Court concluded that treatment or therapy to address Wooster's various issues was necessary before he could be safely released. The District Court denied Wooster's petition for release, concluding that "the record is clear that if released, the defendant will NOT BE ADEQUATELY SUPERVISED OR MONITORED."

¶10 Wooster filed a pro se petition for release in November, 1994 pursuant to § 46-14-303, MCA (1993). His petition was supported by a report from Ardean Moore, M.D. (Dr. Moore) of the Montana State Hospital staff. Dr. Moore found that Wooster was not psychotic and that he did not have a serious mental illness. She recommended that serious consideration be given his discharge from Montana State Hospital. The District Court appointed counsel to represent Wooster and appointed Dr. Stratford to conduct an independent examination of Wooster's mental condition.

¶11 Dr. Stratford filed his report with the District Court in January, 1995. Dr. Stratford found that Wooster still had not been treated for the sexual incident that involved a child. Dr. Stratford reported that Wooster told a group that he was "100% sure that the experiences would reoccur if I return to drugs or alcohol," and that if he drank again he would "kill himself." Dr. Stratford concluded that Wooster was doing well because of the hospital's structure, which he described as "akin to a policeman at the elbow." Dr. Stratford determined that Wooster's original psychotic symptoms had disappeared but that they "certainly" could reoccur. Dr. Stratford concluded that Wooster was likely to abuse alcohol and other substances, that he was still an untreated sex offender, and that his "personality style with his subsequent impulsivity or hostility" was a concern. Dr. Stratford urged that Wooster not be released.

¶12 At Wooster's request, the District Court appoint Susan Sachsenmaier, Ph.D. (Dr. Sachsenmaier) to evaluate him. In her report, Dr. Sachsenmaier expressed concern over Wooster's reported comment that he would kill himself if he resumed drinking or using drugs. However, she concluded that this statement reflected a "belief system" that Wooster held, that the belief system was not a mental disease or defect, and that it could be altered through therapy. Dr. Sachsenmaier volunteered that there was a "legal argument" that Wooster did not meet "the threshold standard for being a danger to himself or others due to mental disease or defect." She did not support his petition for discharge but recommended, instead, that he be placed on conditional...