Burchett v. State

564 P.2d 87, 115 Ariz. 136, 1977 Ariz. App. LEXIS 566
CourtCourt of Appeals of Arizona
DecidedJanuary 28, 1977
DocketNo. 2 CA-CIV 2163
StatusPublished

This text of 564 P.2d 87 (Burchett v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burchett v. State, 564 P.2d 87, 115 Ariz. 136, 1977 Ariz. App. LEXIS 566 (Ark. Ct. App. 1977).

Opinions

OPINION

HOWARD, Chief Judge.

This is another chapter in the continuing story of James Burchett. In 1961 he was sentenced to life imprisonment in the Arizona State Prison without possibility of parole for the kidnapping, rape and assault with intent to commit rape of a child. For the past few years Mr. Burchett has been attempting to stay in the Arizona State Hospital rather than in the Arizona State Prison. In the case of In Re Burchett, 23 Ariz.App. 11, 530 P.2d 368 (1975) we held the order committing him to the state hospital was void. In September of 1975, he proceeded under A.R.S. § 31-224(B), voluntary commitment, and a hearing was held pursuant to subsection D of the foregoing statute. After hearing the testimony of the witnesses, the court found that appellant was a sexual psychopath suffering from a personality disorder and not eligible for treatment at the Arizona State Hospital. The court further ordered that the superintendent, pursuant to A.R.S. § 31-201.01(D), provide necessary medical and health services for appellant at the state prison or some other suitable facility within 30 days and if the superintendent failed to do so, he was ordered to provide psychiatric care and treatment for appellant at the Arizona State Hospital.

Appellant contends that the trial court erred in not committing him to the Arizona State Hospital. Appellees have cross-appealed contending that the trial court erred when it ordered the superintendent to provide psychiatric care and treatment for appellant at the Arizona State Hospital if he did not provide necessary medical and health services at the Arizona State Prison or some other suitable facility within 30 days.

Two psychiatrists testified for appellant. Dr. Maier Tuchler first treated Mr. Burchett in 1957. He diagnosed his problem as that of a personality disorder — exhibitionism. He stated that exhibitionism is a substantial mental disorder because it is socially unacceptable and creates a fantasy life for the individual with the disorder. He has seen Mr. Burchett frequently since he was confined to the Arizona State Prison in 1961. He stated that the mental problem of Mr. Burchett developed into child molestation (Pedophilia). His present diagnosis is that of a character disorder in which exhibitionism still persists. He stated that this character disorder is considered a mental illness but not specifically a psychotic mental illness. He further testified that in his opinion Mr. Burchett was dangerous to the health or safety of himself since if he were involved in a pedophilic act which [138]*138would inspire some parent or individual to take action, there was a high probability that he could be killed. He also testified that Mr. Burchett is anguishing over his condition and has feelings of self-destruction. The doctor opined that as far as dangerousness to others was concerned, if he were not in the Arizona State Hospital or in a prison there was a possibility of pedophilic involvement which would be dangerous to others. The doctor also testified that because of Mr. Burchett’s sexual tensions he would accept a homosexual relationship on a passive basis which, in the prison setting, might lead to his being killed.

When asked by appellant’s attorney as to whether Burchett’s condition also amounted to a substantial impairment of his mental health, Dr. Tuchler testified:

“This is primarily the problem. His mental health is indeed substantially impaired because he cannot control the impulses and needs assistance in understanding not only their origin but help in the technique of controlling. It is a problem more of maturation than of external controls.”

Dr. Tuchler was of the opinion that group therapy and individual therapy would be beneficial to Mr. Burchett and that he should be treated at the Arizona State Hospital.

Dr. Gorman testified that Mr. Burchett had a personality disorder which constituted a substantial impairment of mental health. He had observed Mr. Burchett throughout the past three years that he had spent at the Arizona State Hospital and was of the opinion that Mr. Burchett had benefitted to a slight degree from the treatment he had received in the hospital. He further believed that Mr. Burchett had a much better chance to improve himself and to make a better adjustment to the world by receiving the benefit of treatment at the Arizona State Hospital than if he were given whatever treatment might be available to him at the Arizona State Prison. Dr. Gorman was of the opinion that Mr. Burchett might be dangerous to the health or safety of himself or to others because he had been unable to rid himself of fantasies and impulses to perform unwanted acts despite the fact that he had received therapy.

Testifying for the state was Dr. Harrison Baker, chief psychiatric medical officer of the medical-legal security section at the Arizona State Hospital. Mr. Burchett had been under this care since September of 1973. His diagnosis was a personality disorder. He did not believe that Burchett was dangerous to himself or dangerous to others. In the prison milieu he believed that Mr. Burchett’s exhibitionism would be annoying but not dangerous to him personally. He testified that there was nothing in his examination of Mr. Burchett or in his medical records which would reflect that Mr. Burchett had any suicidal tendencies, and that he did not suffer from any substantial impairment of his mental health or impairment of thought, cognition or memory. He did not believe that the treatment available at that time in the state hospital would be more beneficial to him than the treatment available at the Arizona State Prison. He gave two reasons for this conclusion: (1) Mr. Burchett’s problem did not interfere with his ability to be able to think, act, or interact with people, and therefore, his interpersonal relations are of the type which are equally as acceptable in one setting as in the other; and (2) there was no program at the Arizona State Hospital designed for the séxual psychopath. Dr. Baker’s opinion was also shared by Dr. Matty, staff psychiatrist at the Arizona State Hospital.

Counsel stipulated at trial that appellant was not impaired in terms of thought, cognition or memory.

The procedure for the commitment of prisoners to the Arizona State Hospital is contained in A.R.S. § 31-224, added Laws 1975, Ch. 111, § 3. Subsection E of the foregoing statute sets forth the criteria for either voluntary or involuntary admission. In order to be transferred to the Arizona State Hospital the evidence must disclose (1) that the prisoner suffers from a psychiatric disorder to such a degree that he may be dangerous to the health or safety of himself or others, or, (2) the prisoner suf[139]*139fers from a substantial impairment of his mental health, such that treatment in the state hospital will be more beneficial to him than the treatment available or confinement in a facility operated by the Department of Corrections.

Appellant claims that the evidence clearly shows that he is qualified for transfer to the Arizona State Hospital and that the trial court abused its discretion in failing to do so.

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Related

In Re Burchett
530 P.2d 368 (Court of Appeals of Arizona, 1975)

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Bluebook (online)
564 P.2d 87, 115 Ariz. 136, 1977 Ariz. App. LEXIS 566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burchett-v-state-arizctapp-1977.