Government of the Virgin Islands v. Dale Charles

72 F.3d 401, 33 V.I. 361, 1995 U.S. App. LEXIS 36585, 1995 WL 759605
CourtCourt of Appeals for the Third Circuit
DecidedDecember 26, 1995
Docket94-7638
StatusPublished
Cited by54 cases

This text of 72 F.3d 401 (Government of the Virgin Islands v. Dale Charles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Government of the Virgin Islands v. Dale Charles, 72 F.3d 401, 33 V.I. 361, 1995 U.S. App. LEXIS 36585, 1995 WL 759605 (3d Cir. 1995).

Opinions

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Dale Charles appeals from his convictions for murder in the first degree and for possession of a knife with intent to use it unlawfully. He raises three challenges to his convictions. First, Charles argues that he did not voluntarily and intelligently waive his right to counsel when the district court, after a hearing, granted Charles' request to represent himself at trial. Second, Charles asserts that the district court should have dismissed the information against him because the government conceded during plea negotiations that Charles was insane when the acts in question occurred. Third, Charles claims that there was insufficient evidence of deliberation and premeditation. We will affirm.

I.

In May 1989, Charles stabbed Dale Francois to death in an alley on the Island of St. Thomas in the Virgin Islands. Francois was unarmed. Apparently, when Francois entered the alley, Charles rushed Francois without provocation and stabbed him several times. The government of the Virgin Islands filed an information that charged Charles with first degree murder under 14 V.I.C. § 922(a)(1) and with possession of a knife with intent to use it unlawfully against Francois during the commission of a crime of violence under 14 V.I.C. § 2251(a)(2).

In May 1990, after the defense persuaded the district court to allow Charles to withdraw a guilty plea, a defense expert, Arthur Stillman, M.D., undertook a psychiatric evaluation of Charles. Dr. Stillman concluded that "it seems doubtful that [Charles] could adequately assist his attorney in the preparation and presentation of his defenses [and i]t is quite clear that he cannot differentiate reality from fantasy. . . ." (App. at 51-52.) In addition, regarding Charles' state of mind when he stabbed Francois, Stillman opined that Charles "was suffering from a psychotic paranoid state and is considered to have been insane at that time." (App. at 52.) In. November 1990, Michael W. Morrison, Ph.D., a court appointed expert, agreed:

Mr. Charles is suffering from a mental illness that renders him

[364]*364unable to understand the nature and consequences of the proceedings against him and unable to assist properly in his defense. . . . Mr. Charles was severely mentally ill on [the day of the offense] and his use of a dangerous weapon to commit murder that day was a consequence of his mental illness.

(App. at 65-66.)1

In March 1991, the district court found Charles mentally incompetent to stand trial. By December 1992, Bruce Burger, M.D., of the Federal Bureau of Prisons found that Charles' condition had stabilized and that Charles was competent to stand trial. In March 1994, Leighman Lu, M.D., a court appointed expert, and in June 1994, Michael Chiappetta, Psy. D., a defense expert, agreed that Charles was competent to stand trial. Lu also found that Charles was not suffering from any disorder at the time of the offense. Dr. Burger reevaluated Charles in June 1994, and once again found Charles competent to stand trial. After a hearing on September 26, 1994, the district court found Charles competent to stand trial. Jury selection was completed that afternoon and the trial began the next day.

Apparently, at some point before the September 26 hearing, the prosecution and the defense had reached an agreement. Both parties would consent to a bench trial and would stipulate to all of the facts including the findings of Dr. Morrison, namely that Charles' actions were the result of his mental illness. Presumably, what the parties had in mind was a finding by the district court of not guilty by reason of insanity, followed by automatic commitment to a psychiatric institution under 5 V.I.C. § 3637. Fiad the government dropped the charges without the stipulation, Charles could have been involuntarily committed only in a proceeding under the general civil commitment statute. That statute requires clear and convincing proof that the individual is a danger to society, and that treatment is likely to be beneficial. 19 V.I.C. § 723.

[365]*365The agreement fell apart, however, when Charles decided that he did not want to raise the defense of insanity. Rather, he decided to claim self defense and demand a jury trial. The prosecution, which had no burden to produce evidence regarding Charles' sanity at the time of the offense until Charles first presented some evidence of insanity, see Government of Virgin Islands v. Webbe, 821 F.2d 187, 189 (3d Cir. 1987), decided to proceed to trial. Charles' attorney, Stephen Brusch, convinced that he could not, on behalf of Charles, agree to the stipulation of insanity or raise the defense of insanity at trial without Charles' consent, moved to dismiss the information on the ground that the prosecution had effectively conceded that Charles was insane at the time of the offense. The district court concluded that Charles' mental state at the time of the offense was an issue for the jury and denied the motion.

At that point, Charles also decided that he no longer wanted Brusch to represent him. Fie wanted to represent himself at trial. Charles was convinced that Brusch was hostile to the idea of arguing self defense and Charles was concerned that Brusch, as an employee of the local government, had conflicting loyalties. At the hearing on September 26,1994, after finding Charles to be competent to stand trial and after an extensive colloquy with Charles, the district court determined that Charles knowingly and intelligently waived his right to counsel. The district court granted Charles' motion to proceed pro se and appointed Brusch as standby counsel to assist Charles.

Charles presented his case to the jury during a two day trial. The jury convicted him on both counts and the district court sentenced him to life in prison without parole. The district court had jurisdiction under 48 U.S.C. § 1612. We have jurisdiction to hear this appeal under 28 U.S.C. § 1291.

I!.

First, Charles argues that he did not knowingly and intelligently waive his right to counsel. The Sixth and Fourteenth Amendments guarantee the assistance of counsel to anyone accused of a serious criminal offense. See Government of the Virgin Islands v. James, 934 F.2d 468, 470 (3d Cir. 1991). Because a defendant who asks to represent herself is waiving the benefits [366]*366associated with this important constitutional right, and because "courts [must] indulge in every reasonable presumption against waiver" of important constitutional rights, Brewer v. Williams, 430 U.S. 387, 404, 51 L. Ed. 2d 424, 97 S. Ct. 1232 (1977), a court cannot grant such a request unless the record shows that the relinquishment is "knowing and intelligent[]." Faretta v. California, 422 U.S. 806, 835, 45 L. Ed. 2d 562, 95 S. Ct. 2525 (1975) (quoting Johnson v. Zerbst, 304 U.S. 458, 464-65, 82 L. Ed.

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Cite This Page — Counsel Stack

Bluebook (online)
72 F.3d 401, 33 V.I. 361, 1995 U.S. App. LEXIS 36585, 1995 WL 759605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/government-of-the-virgin-islands-v-dale-charles-ca3-1995.