United States v. Walker

• Decision Date: 30 September 1971
• Docket Number: No. Cr. 70 39.,Cr. 70 39.
• Citation: 335 F. Supp. 705
• Parties: UNITED STATES of America, Plaintiff, v. Michael James WALKER, Defendant.
• Court: U.S. District Court — Northern District of California

335 F. Supp. 705

UNITED STATES of America, Plaintiff, v. Michael James WALKER, Defendant.

No. Cr. 70 39.

United States District Court, N. D. California.

September 30, 1971.

Asst. U. S. Atty. Paul J. Fitzpatrick, San Francisco, Cal., for plaintiff.

Federal Public Defender James F. Hewitt, and George T. Davis, San Francisco, Cal., for defendant.

MEMORANDUM AND ORDER

PECKHAM, District Judge.

This case demonstrates in the strongest terms the glaring need for federal legislation in regard to long-term detention for treatment of mentally incompetent defendants. As the situation exists at present, federal courts face a painful dilemma: either to confine the accused in flagrant violation of certain due process rights, or to release from custody an individual dangerous both to himself and to the community. Federal legislation allowing for long-term treatment of an incompetent could provide a successful resolution to the problem, but such legislation has not been forthcoming. In the instant case the dilemma is aggravated by the reluctance of the State of California, which does provide for long-term civil commitment, to charge the accused and thus trigger the relevant state provisions.¹

I

On January 14, 1970 an indictment was returned charging the defendant, Michael James Walker, with robbing a San Francisco bank on November 3, 1969, in violation of Title 18 U.S.C. § 2113(a). In order to place this case, CR-70-39, in the proper perspective, a recital of the recent history of this defendant is necessary.

On December 18, 1968 Walker was indicted for a different bank robbery that occurred on December 3, 1968 in San Francisco, California. See CR-42520, N.D.Cal. He was apprehended in Seattle, Washington on December 5, 1968 on the basis of an arrest warrant issued by this court in the Western District of Washington. At that time he was examined by a jail psychiatrist, Dr. Alexander Grinstein, who believed that Walker was "in need of psychiatric consultation" and exhibited "paranoid trends."

Walker was returned to this district and was arraigned on the indictment on January 21, 1969. Counsel was appointed and on January 29, 1969 Judge Wollenberg ordered a mental examination for Walker under 18 U.S.C. § 4244 to determine the defendant's mental competency to assist counsel in his defense. Walker was examined by Dr. Louis Constine on February 3, 1969, and in his report dated February 5, 1969 Dr. Constine expressed the opinion that Walker was "incompetent, psychotic and in need of hospitalization." Based upon this examination, Judge Wollenberg stated that Walker "was in need of hospitalization for mental illness" and ordered Walker to San Francisco City and County Hospital on February 13, 1969 for examination and commitment to a state hospital. On March 7, 1969 Walker was committed to Napa State Hospital by the Superior Court for the State of California under then existing law as a mentally ill person in need of treatment.

Subsequently at some point in March, 1969 Walker "did escape or leave said facilities without being discharged." (Order of Chief Judge Carter, U.S. District Judge, May 29, 1969). For the sake of clarity it should be noted that this was his first escape from Napa State Hospital. During this period of escape Walker allegedly robbed a bank in San Francisco on May 23, 1969; a complaint was issued but no indictment was returned. He was apprehended and appeared before the United States District Court on May 29, 1969. In light of Walker's recent history the court ordered Walker committed to the Federal Medical Center in Springfield, Missouri for examination under Section 4244. A report of the psychiatric staff at the Medical Center was made to the court on July 15, 1969; the report suggested that Walker was competent to stand trial. Judge Wollenberg and the United States Attorney apparently disagreed with this staff report, for on August 8, 1969 the court ordered Walker returned to Napa State Hospital to continue his treatment program.

In view of the above disposition, the indictment was dismissed on September 15, 1969. Walker remained at Napa State Hospital but on a voluntary basis under the California Welfare and Institutions Code.² Because the confinement was voluntary, Walker was free to leave at any time. The records of the Napa State Hospital show that Walker was discharged on October 20, 1969 on his own recognizance, just three months after he had been apprehended for his escape from the hospital.

On January 14, 1970 the matter presently before this court was initiated with an indictment issued charging Walker with robbing a San Francisco bank on November 3, 1969. On January 21, 1970 Judge Burke found Walker to be mentally incompetent and ordered him to the custody of the Attorney-General under 18 U.S.C. § 4244. On January 30, 1970 he was again ordered to the Federal Medical Center in Springfield Missouri, approximately six months after his last visit there. He was again found competent to stand trial and was returned to this court for further proceedings. In light of Walker's previous history, this court was somewhat skeptical of the staff report from the medical center and consequently ordered a re-examination on April 28, 1970. Walker was examined by Dr. Vernon Collins at San Francisco General Hospital, and a report was submitted to this court on May 12, 1970. Dr. Collins believed that Walker was unable to cooperate in his own defense, and that for Walker any ability to function in a normal capacity was dependent upon continuous medication. This report further suggested that the defendant's capacity to distinguish right from wrong was doubtful.

On June 11, 1970, in cooperation with the Superior Court of the State of California, this court ordered Walker delivered to Napa State Hospital as a "gravely disabled person" under § 5350 et seq. of the California Welfare and Institutions Code. Under that provision Walker was to be examined and treated for ninety days. The court's order specified that Walker was to be kept in custody as if he were committed under the California Penal Code §§ 1367-1375, with the corresponding security precautions. This was Walker's third visit to Napa State Hospital.

On July 15, 1970 Walker left the institution without authorization, and the hospital informed the court as follows:

This letter is to inform you that Michael Walker left the hospital on unauthorized absence July 15, 1970. The U. S. Marshal in San Francisco has been notified of this fact.

If and when he is apprehended, should you desire to return him to our facility, I cannot guarantee anything more than minimum security. Our maximum security unit has been discontinued and thus we have no facilities at this time for handling anyone who is considered a serious escape risk.

Mr. Walker had been making some progress, and it is my opinion that he still needs psychiatric treatment.

During this absence, according to the files of the U. S. Attorney, Walker is alleged to have robbed six banks.³ Walker was again apprehended and appeared before this court on September 1, 1970. At that time he was again determined incompetent and ordered to the Federal Medical Center in Springfield, Missouri for further treatment. This was his third visit to that institution.

On May 11, 1971 Walker was ordered returned to this court for a hearing on his present competence, and on his right to be released from custody. On June 11, 1971 a motion was filed by Walker that he be discharged from custody and that the charges against him be dismissed. That motion is presently before the Court.

II

From the facts it should be apparent that Walker is mentally incompetent. Nearly every psychiatrist who has examined him at length has considered him psychotic and incompetent.⁴ Dr. H. S. Fain of the Springfield Medical Center testified that Walker was "incompetent and in severe need of long-term treatment." The reports of the staff from Napa State Hospital, as well as the staff psychiatrist at the San Francisco jail reach the same conclusion. Dr. Diane McEwen, the staff psychiatrist at the jail who is presently treating the defendant, ably testified that he is in need of sophisticated in-patient psychiatric treatment in a mental hospital setting.

The conviction of an accused person while he is legally incompetent violates due process. Bishop v. United States, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835 (1956). The law demands that a defendant be mentally competent at the time of trial, so that he may appreciate the nature of the charges against him, as well as assist in his own defense. Thus, Walker constitutionally could not be brought to trial at this time or in the near future.

When one accused of a federal crime is found to be incompetent, he is assigned to the custody of the Attorney-General until he is found to be competent. 18 U.S.C. § 4246. Treatment is no provided for in the statute, and any therapy that is administered is purely for the purpose of raising the accused to a level of mental competence where he can stand trial.⁵

Since an accused committed under Section 4246 will not receive extended long-term treatment but will be confined in little more than preventive detention, the section raises serious questions of due process, particularly cruel and unusual punishment. For example a competent person accused of a crime certainly could not be detained for an extended period of time without the right to speedy trial and other due process guarantees. If read literally, however, Section 4246 permits long-term detention of a mentally deficient accused, without treatment, simply because he is incompetent. Such an interpretation would certainly face constitutional problems under Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962).

Because of these constitutional problems, courts have attempted to read a "rule of reason" into Section 4246. This rule states that commitment under this section is "temporary" and the...