Begin v. State

2016 ME 186, 153 A.3d 93, 2016 Me. LEXIS 208
CourtSupreme Judicial Court of Maine
DecidedDecember 22, 2016
DocketDocket: Ken-16-21
StatusPublished
Cited by5 cases

This text of 2016 ME 186 (Begin v. State) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Begin v. State, 2016 ME 186, 153 A.3d 93, 2016 Me. LEXIS 208 (Me. 2016).

Opinion

GORMAN, J.

[¶ 1] Jason Begin appeals from a judgment of the Superior Court (Kennebec County, Marden, J.) denying his petition for release from the custody of the Department of Health and Human Services, to which he was committed in 2004 based on a finding that he was not criminally responsible for certain crimes by reason of insanity. Begin argues that the court erred by continuing the final hearing on his petition, excluding evidence at that hearing, and issuing a decision in the absence of any testimony from an independent psychiatrist. He also challenges the sufficiency of the evidence supporting the court’s determination that he is not entitled to release pursuant to 15 M.R.S. § 104-A (2015). We affirm the judgment.

I. BACKGROUND

[¶2] In 2003, Begin was charged with theft and violation of a condition of release, for which the Superior Court (Androscog-gin County, Delahanty, J.) found him not criminally responsible by reason of insanity (NCR) in 2004. See 15 M.R.S.A. § 103 (Supp. 2002); 17-A M.R.S.A. § 39 (Supp. 2003).1 Begin was placed in the custody of [95]*95the Commissioner of the Department of Health and Human Services and committed to the Riverview Psychiatric Center.2 See 15 M.R.S.A. § 103.

[¶ 3] Between 2005 and 2015, Begin filed in the Superior Court (Kennebec County) a series of petitions for modified release treatment orders seeking further institutional privileges. See 15 M.R.S. § 104-A(2). In the resulting orders, Begin was granted some additional privileges, and periodically also had his privileges suspended or revoked. Eventually, by order dated October 3, 2013, the court (Murphy, J.) allowed Begin to enter a group residential program with continuing outpatient services from Riverview.

[¶ 4] On July 29, 2015, Begin filed the petition now at issue, requesting “a hearing on [his] fitness for release and return to permanent residency in the community pursuant to Title 15 § 104-A (1) and (2).” The court {Harden, J.) conducted a hearing at which it admitted numerous exhibits and the testimony of a Riverview staff psychiatrist, a psychiatric nurse practitioner, Dr. Debra Baeder of the State Forensic Service, four mental health workers, a detective sergeant with the Augusta Police Department, two of Begin’s employers, an elder in Begin’s church, and Begin’s mother.

[¶ 5] The court made the following factual findings, which are supported by competent record evidence. Begin, who was raised by a grandmother with schizophrenia, began exhibiting antisocial and psychotic symptoms at an early age. Since childhood, he has been diagnosed with schizophrenia, attention deficit hyperactivity disorder, post-traumatic stress disorder (PTSD), major depressive disorder, oppositional defiant disorder, mixed developmental disorder, bipolar affective disorder, evasive developmental disorder, Asperger’s Syndrome, borderline mental retardation, major depressive disorder, pedophilia, cannabis abuse, and personality disorder not otherwise specified.

[¶ 6] Although Begin denies having any violent tendencies, he has a history of perpetrating physical and verbal violence when his wishes are not met. In one such incident on January 12, 2015, Begin’s outpatient services team confronted him about suspected marijuana use or distribution. After Begin realized that the team intended to send him to Riverview while they investigated the reports, Begin brandished a knife and slashed his own arm. When Begin then “appeared to be attempting to assault” a police officer who was there to escort Begin to Riverview, the police officer shot Begin; Begin was hospitalized for some time for the injuries he incurred.

[¶ 7] The court found that Begin “has no primary psychotic disorder,” but, as a symptom of his PTSD, he experiences “tangent psychotic or quasi psychotic symptoms” when confronted with severe stress. In the midst of such reactions, Begin experiences “a high degree of cognitive distortion” and can no longer realistically or rationally perceive the circumstances. Based on the recommendations of River-view staff and the State Forensic Service, the court denied Begin’s request for re[96]*96lease and instead reinstated the terms of the October 3, 2013, order allowing him to return to the group home as long as he could first demonstrate “an acceptable period of behavioral stability” at Riverview. Begin appeals.

II. DISCUSSION

[IT 8] When a person is found not guilty by reason of insanity, see 17-A M.R.S. § 39 (2015), he is committed to the custody of the Commissioner of the Department of Health and Human Services “to be placed in an appropriate institution for the care and treatment of persons with mental illness or in an appropriate residential program,” 15 M.R.S. § 103 (2015). See Taylor v. Comm’r of Mental Health & Mental Retardation, 481 A.2d 139, 142 (Me. 1984). When the acquittee seeks release or discharge from Department custody,3 it is the acquittee’s burden to establish, by clear and convincing evidence, that he “may be released or discharged without likelihood that [he] will cause injury to [himself] or to others due to mental disease or defect,” 15 M.R.S. § 104-A(1), (3); see Beal v. State, 2016 ME 169, ¶ 5, 151 A.3d 502; James v. State, 2015 ME 111, ¶ 8, 121 A.3d 1290. We have imported into title 15 the definition of “mental disease or defect” set forth in the criminal statute according to which an NCR judgment is issued—that is, 17-A M.R.S. § 39(2), which defines “mental disease or defect” as “only those severely abnormal mental conditions that grossly and demonstrably impair a person’s perception or understanding of reality.”4 Beal, 2016 ME 169, ¶ 7, 151 A.3d 502; Green v. Comm’r of Mental Health & Mental Retardation, 2000 ME 92, ¶ 27, 750 A.2d 1265.

[¶ 9] In short, as the petitioning acquittee, it was Begin’s burden to demonstrate, by clear and convincing evidence, that he is no longer dangerous to himself or others as a result of a mental disease or defect. See 15 M.R.S. § 104-A(3); Beal, 2016 ME 169, ¶ 5, 151 A.3d 502; James, 2015 ME 111, ¶ 9, 121 A.3d 1290; In re Beauchene, 2008 ME 110, ¶¶ 7, 9, 951 A.2d 81; Green, 2000 ME 92, ¶ 12, 750 A.2d 1265. Begin challenges the court’s determination that he did not meet this burden. Because Begin was the unsuccessful party [97]*97with the burden of proof at trial, he can prevail on any such factual challenge on appeal only if we conclude that, viewing the evidence and all reasonable inferences in the light most favorable to the court’s judgment, the trial court nevertheless was compelled to find in his favor. See Beal, 2016 ME 169, ¶ 6, 151 A.3d 502; In re Williams, 2010 ME 121, ¶ 10, 8 A.3d 666; Green, 2000 ME 92, ¶¶ 30-31, 750 A.2d 1265.

[1110] Multiple mental health professionals testified that Begin suffers from a severe form of PTSD that causes him, when stressed, to exhibit psychotic behaviors accompanied by cognitive distortions that render him both unable to discern reality and prone to violence. This evidence supports the court’s findings that Begin is a danger to himself or others as a result of his mental disease or defect.

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Related

Donald Beauchene v. State of Maine
2017 ME 153 (Supreme Judicial Court of Maine, 2017)
Beauchene v. State
2017 ME 153 (Supreme Judicial Court of Maine, 2017)
State of Maine v. Jason Begin
2016 ME 186 (Supreme Judicial Court of Maine, 2016)

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Bluebook (online)
2016 ME 186, 153 A.3d 93, 2016 Me. LEXIS 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/begin-v-state-me-2016.