U.S. v. King

• Decision Date: 22 September 1978
• Docket Number: No. 77-1180,77-1180
• Citation: 582 F.2d 888
• Parties: UNITED STATES of America, Appellee, v. Warren KING, Appellant.
• Court: U.S. Court of Appeals — Fourth Circuit

Page 888

582 F.2d 888

UNITED STATES of America, Appellee, v. Warren KING, Appellant.

No. 77-1180.

United States Court of Appeals Fourth Circuit.

Argued July 18, 1978.

Decided Sept. 22, 1978.

Michael Schatzow, Asst. Federal Public Defender, Baltimore, Md. (Charles G. Bernstein, Federal Public Defender, Baltimore, Md., on brief), for appellant.

Daniel F. Goldstein, Asst. U. S. Atty., Baltimore, Md., for appellee.

Before BOREMAN, Senior Circuit Judge, and WINTER and HALL, Circuit Judges.

BOREMAN, Senior Circuit Judge:

Warren King was convicted by a jury of two counts of kidnapping, 18 U.S.C. § 1201, after a bifurcated trial in which the jury first found him guilty of the substantive offenses and then determined that King was not insane at the time of his commission of the charged offenses.

The evidence disclosed that King kidnapped James Krouch in the District of Columbia and forced him to drive to Maryland where he took Krouch's car, leaving Krouch bound and gagged in a wooded area near a road. King next broke into the home of one Jay Disbrow in Havre de Grace, Maryland, where he tied up Disbrow's wife and children and then forced Disbrow to drive him to New Jersey where he released him unharmed and took his car. At trial Krouch and Mr. and Mrs. Disbrow all positively identified King as their assailant-kidnapper. Also there was evidence that King's Florida driver's license was found in Krouch's car and King's fingerprints were found in the Disbrow home.

At a pretrial hearing King told the judge that he did not want to have his court-appointed counsel represent him and insisted on representing himself. The judge engaged in a lengthy colloquy with King in an attempt to dissuade him from self-representation. He warned King of the seriousness of the charges, the potential penalty, the advantages of legal training and the likelihood of complex legal issues arising at trial. Nevertheless, even after consulting with his court-appointed attorney, King insisted on representing himself. The judge ordered court-appointed counsel to stay in the courtroom with King throughout trial, to give advice if necessary, and to take over the defense if King should so desire. ¹

The court also decided, after a suggestion by government counsel, that King's trial should be bifurcated on the issues of guilt and insanity. During Voir dire King's behavior became so bizarre ² that the judge informed the prospective jurors that the defendant's mental competence would be an issue later in the trial:

that is to say, there will first be a trial as to the question of defendant's guilt or innocence of the charges in the indictment, that is whether or not he did the acts with which he has been charged. Then only if a guilty verdict is returned will there be a second trial which would follow immediately thereafter on the question of whether or not the Defendant was or was not legally sane at the time of the commission of the acts; that is, whether he can be held responsible for his acts if a finding of guilt is returned.

The judge again mentioned the bifurcation of issues during his instructions to the jury at the end of the first stage of the trial.

On appeal King contends that the judge erred in: (1) failing to conduct an adequate inquiry into his waiver of the right to counsel and (2) informing the jury of the insanity issue during the first phase of the bifurcated trial.

King argues that the judge did not question him adequately to determine whether he was literate, competent and understanding of his rights. He contends that a "penetrating and comprehensive examination" must be conducted to determine a defendant's educational background, age and general capabilities before a judge can determine that a defendant's waiver of his right to counsel is knowing and intelligent. United States v. Townes, 371 F.2d 930 (4 Cir. 1966). Because the judge asked him about his educational background and not about his age or general capabilities, King argues that the judge did not develop a sufficient factual basis for determining that defendant's waiver of counsel was knowing and intelligent within the meaning of Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938).

While it is incumbent upon the trial court to determine that a defendant's waiver of his right to counsel is knowing and intelligent, no particular form of interrogation is required. Townes, supra at 934. The court must make the defendant aware of the "dangers and disadvantages of self-representation," so that the defendant "knows what he is doing and his choice is made with his eyes open." Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 2541, 45 L.Ed.2d 561 (1975). Thus, the court must assure itself that the defendant knows the charges against him, the possible punishment and the manner in which an attorney can be of assistance. Townes,supra at 933; Aiken v. United States, 296 F.2d 604 (4 Cir. 1961). The defendant must be made aware that he will be on his own in a complex area where experience and professional training are greatly to be desired. United States v. Gillings, 568 F.2d 1307 (9 Cir. 1978); Stepp v. Estelle, 524 F.2d 447 (5 Cir. 1975).

Even though the judge in the instant case did not delve deeply into the educational background, age and general capabilities of...