COURT OF APPEALS OF VIRGINIA
Present: Chief Judge Moon, Judges Fitzpatrick and Annunziata Argued by Teleconference
GREGORY SCOTT ADDISON MEMORANDUM OPINION * BY v. Record No. 2234-96-3 CHIEF JUDGE NORMAN K. MOON SEPTEMBER 9, 1997 COMMONWEALTH OF VIRGINIA
FROM THE CIRCUIT COURT OF WISE COUNTY Ford C. Quillen, Judge Anthony E. Collins (Collins & Collins, on brief), for appellant.
H. Elizabeth Shaffer, Assistant Attorney General (James S. Gilmore, III, Attorney General, on brief), for appellee.
Gregory Scott Addison appeals his convictions of first
degree murder, stalking, and use of a firearm in the commission
of a murder. Addison asserts that the trial court erred in: (1)
finding him competent to stand trial; (2) denying his motion for
a competency hearing after he allegedly experienced visual
hallucinations during trial; (3) denying his proposed jury
instruction concerning the law of manslaughter; (4) denying his
motion for a mistrial on the basis that his undisclosed
statements, allegedly elicited during custodial interrogation,
were introduced by the Commonwealth's witnesses; and (5) allowing
introduction of his alleged "jailhouse confession" where
Addison's statements to a fellow inmate were not provided to the
* Pursuant to Code § 17-116.010 this opinion is not designated for publication. defense pursuant to the trial court's discovery order.
We hold that: (1) it is within the discretion of the finder
of fact to determine the weight to be accorded expert witnesses'
testimony and that the trial court's finding that Addison was
competent to stand trial was supported by credible evidence and
was not plainly wrong; (2) the evidence was sufficient to support
the trial court's finding that probable cause did not exist to
order an additional competency evaluation; (3) the trial court
did not err in refusing Addison's proposed instructions
concerning involuntary manslaughter because the proposed
instruction was not supported by the evidence; (4) the trial
court did not err in denying Addison's motion for a mistrial on
the basis that his statements to the police were erroneously
admitted because there was no manifest probability that the
denial was prejudicial; and (5) because Addison's statements in
jail were not written nor made to a law enforcement officer, they
were not contemplated by the court's discovery order and
therefore did not have to be disclosed. Accordingly, we affirm.
On August 15, 1995, Addison approached his wife, Janet
Addison, in the middle of the street in front of the City of
Norton Post Office and shot her twice with a .38 caliber handgun,
killing her. On January 5, 1996, a discovery order was entered requiring
the Commonwealth to make available to Addison, for inspection or
copying, "[a]ny written or recorded statements or confessions
made by [Addison] or the substance of any oral statements or
- 2 - confessions made by [Addison] to any law enforcement officer, the
existence of which is known to the Attorney for the
Commonwealth." On February 16, 1996, the trial court granted
Addison's motions that the court suppress any statements made by
Addison to any police officer after he was taken into custody,
that the court order an evaluation of Addison's competency to
stand trial, and that the court compel the Commonwealth to
provide witness statements. On February 17, 1996, a competency hearing was conducted
during which Drs. Pierce Nelson and Robert Granacher, Jr.
testified for Addison. Nelson, a psychiatrist who treated
Addison from November 1980 to June 1995, testified that Addison's
behavior indicated a serious psychotic episode. Nelson
recommended Addison be admitted to a psychiatric hospital for
treatment and observation of Addison's alleged psychotic
delusions. Granacher, a psychiatrist certified in general
psychiatry, geriatric psychiatry, and forensic psychiatry, tested
Addison prior to trial and reviewed his current medical and
psychiatric records, school records, blood and urine samples,
work product, medication, and videos of the crime scene, the
police interrogation, and Addison in jail and at the hospital.
Granacher also reviewed the competency report prepared by the
Commonwealth's expert, Dr. Thomas Schact, and concluded that
Schact's report lacked a sufficient database upon which to draw
any conclusion regarding Addison's competency.
Granacher then testified that Addison is "psychotic . . .
- 3 - severely mentally ill . . . suffers a delusional disorder . . .
[and] is dangerous." Granacher also opined that Addison would be
unable to assist his counsel in pursuing a defense because "[a]ny
factual information an attorney attempts to get from Mr. Addison
in an effort to defend him is a product of a sick mind, product
of a delusion. It's erroneous information."
Testifying on behalf of the Commonwealth, Schact stated
that Addison's responses suggested the possibility of some
significant impairment to Addison's competency. Schact also
agreed with Granacher that Addison suffered from delusions
regarding his wife and her fidelity, but concluded that Addison
was intentionally fabricating responses to some of the tests
administered by Schact. Schact testified that Addison understood
the charges against him, the behavior expected of him in the
courtroom, who his attorney was, and his attorney's role in the
proceedings. Schact also stated, however, that Addison had
refused to discuss either the nature of the proceedings against
him or whether he appreciated his legal options and their
consequences. Based on this evidence, the trial court ruled that in
accordance with Code § 19.2-169.1(E), Addison had proved by a
preponderance of the evidence that he was incompetent to stand
trial. Accordingly, the court ordered that Addison be admitted
to a state psychiatric hospital for treatment and observation.
Addison was subsequently confined to Central State Hospital.
On March 30, 1996, a second competency hearing was conducted
- 4 - at which Dr. Miller Ryans, a psychiatrist at Central State
Hospital, was the only expert to testify. Miller testified that
Addison was kept under twenty-four hour observation and was
subjected to a variety of tests during the twenty-six day period.
Based on the tests and observations, Ryans concluded that
Addison suffered "from major recurrent severe depression" and
"from residuals of delusional disorder-jealousy type." Ryans
further opined, however, that despite these dysfunctions, it was
his opinion that Addison had the "present capacity to plead and
assist his attorney in his defense." Ryans testified that none
of his testing or observation had confirmed the audible and
visual hallucinations alleged by Addison. Ryans opined that the
alleged hallucinations were the result of "malingering" and that
the hallucinations in fact served other purposes of Addison. On cross-examination, Ryans conceded that he was uncertain
whether Addison could assist counsel if Addison became delusional
during the trial when his wife's fidelity was addressed. Ryans
also noted that Addison had "handicaps" in going to trial. Ryans
stated that although Central State had the capacity to do testing
of the type performed by Drs. Schact and Granacher, such testing
had not been conducted. Ryans agreed that those tests might
reveal attributes of Addison affecting competency that mere
consultation with Addison would not reveal. Further, Ryans
testified that Addison had trouble concentrating and remembering
and conceded that Addison might suffer from conversion amnesia or
shock which could have caused Addison to forget the killing.
- 5 - Ryans explained that Addison's delusions were "triggered" by
addressing the subject of his wife's fidelity. Ryans opined that
although Addison understood the operation of the court, he could
have difficulty when his wife's fidelity was addressed. He
explained, "I believe as attorneys you all have to try to
transpose, he's aware of, he knows how the Courts work. And the,
[sic] and it'll be up to you all with some, some great deal of
effort to try to get him to apply to his own case." Ryans also
admitted that the charge and the indictment intricately involved
the subject which triggered the delusions and that should
Addison's delusions be triggered, he could become incapable of
assisting in his defense. At the conclusion of the hearing, the trial court found
Addison competent to stand trial. On April 1, 1996, the trial
began, at which time Addison's counsel motioned that the trial
not go forward because Addison was incompetent. Addison's
counsel argued that an unconstitutional burden was being placed
upon his zealous representation of Addison because he was being
required to assume the role of a psychologist or psychiatrist in
order to "transpose" the case for Addison as suggested by Dr.
Ryans. Counsel's motion was denied, and the trial proceeded.
On April 2, during the testimony of Addison's
sixteen-year-old son, Addison reported to his counsel that he saw
his son winking and gesturing to members of the audience.
Addison also said he saw the Commonwealth's Attorney doing the
same and that he believed the judge was winking at the
- 6 - Commonwealth's Attorney. The Commonwealth's Attorney advised the
court that he noticed Addison staring at him and making movements
toward him. Upon the conclusion of Addison's son's testimony,
Addison's counsel motioned for reevaluation of his competence.
The court refused to suspend the proceedings at that time but, at
counsel's request, ordered that Dr. Ryans reexamine Addison at
the close of the day's testimony.
On April 3, Ryans testified regarding his examination of
Addison the previous evening. Addressing Addison's alleged
hallucinations, Ryans stated that his opinion regarding Addison's
ability to assist in his defense remained unchanged. Ryans also
testified that "it's my opinion that the key word here is
volitional. If [Addison] chooses I believe that he can restrain
his hostility here in order to get through the legal process."
Based on Dr. Ryans' testimony and the court's own observations
that "[Addison] was alert, cognizant of the testimony and was
participating in with his counsel in his defense," the court
denied counsel's motion for a new competency evaluation. Trial proceeded and Trooper C.D. Willis, who was present
during Addison's arrest, testified that while being taken into
custody, Addison made an unsolicited statement that he caught his
wife "screwing around" and that he had shot her. Willis also
testified that Addison said, "I'm crazy." Willis, however, did
not include a reference to the "crazy" statement in his written
report of the incident, which was provided to Addison's counsel.
During cross-examination, Willis stated that prior to Addison's
- 7 - comment, an officer asked Addison why he shot his wife. Willis
testified that Addison's statement was made after he had been
handcuffed and while he was lying on the ground amidst several
police officers.
Addison's counsel then motioned for a mistrial, arguing that
he had been led to believe that the statement made by Addison had
been spontaneous, when in fact it was the product of an unlawful
custodial interrogation. The Commonwealth's Attorney confirmed
that he too had been led to believe that Addison's statement was
unsolicited. The court ordered the jury to disregard Willis'
testimony and denied Addison's counsel's motion for a mistrial. Trooper Jackie Baldridge also testified that when arrested,
Addison said, "I'm fucking crazy, and I got the papers to prove
it." Baldridge testified that Addison's statement was made in
response to an unidentified person's inquiry of "why." Addison's
counsel also objected to this testimony. The court allowed it,
finding that it was a spontaneous statement.
The next day, James Childs, who had shared a cell in the
Wise County jail with Addison, testified that Addison explained
that he shot his wife because she had been cheating on him and
that he had attempted suicide three times before deciding to kill
his wife. Childs also testified that Addison said that he was
going to try to plead insanity and that he thought he had a "good
case" because of his medication and suicide attempts. Addison
also told Childs that he "blacked out" and could not remember
most of the shooting.
- 8 - Addison's counsel objected to this testimony and motioned
for a mistrial, arguing that the Commonwealth violated the
court's discovery order because it failed to disclose exculpatory
evidence. The Commonwealth's Attorney learned of the jailhouse
conversation several months earlier through a letter from Childs'
attorney. Addison's counsel argued that because the Commonwealth
had been given a written statement of Childs' account of his
conversation with Addison and the statement had not been provided
to Addison's counsel, the content of the conversation should be
inadmissible. Counsel's motion was denied. At the close of trial, Addison proposed several jury
instructions, including one concerning manslaughter: "The
difference between murder and manslaughter is malice. When
malice is present, the killing is murder. When it is absent the
killing can be no more than manslaughter." This jury instruction
was rejected by the court and was subsequently proffered by
counsel.
Competency
Contrary to Addison's assertion on brief, at a hearing to
determine competency to stand trial "the party alleging that the
defendant is incompetent shall bear the burden of proving by a
preponderance of the evidence the defendant's incompetency."
Code § 19.2-169.1(E). "[T]he standard for competence to stand
trial is whether the defendant has `sufficient present ability to
consult with his lawyer with a reasonable degree of rational
understanding' and has `a rational as well as factual
- 9 - understanding of the proceedings against him.'" Godinez v.
Moran, 509 U.S. 389, 396 (1993) (quoting Dusky v. United States,
362 U.S. 402, 402 (1960)). Further, "[a] trial court's
determination of a defendant's competency to stand trial is a
question of fact." Delp v. Commonwealth, 172 Va. 564, 570-71,
200 S.E. 594, 596 (1939). "A factual finding made by the trial
court is binding on appeal unless plainly wrong." Naulty v.
Commonwealth, 2 Va. App. 523, 527, 346 S.E.2d 540, 542 (1986). At the March 30, 1996 hearing, Dr. Ryans testified regarding
his testing and treatment of Addison during his twenty-six day
commitment at Central State Hospital. Ryans opined that Addison
was suffering from a major recurrent severe depression and a
residual delusional disorder but that he had the present capacity
to assist in his defense. No evidence was found of a physical
defect interfering with Addison's ability to understand the trial
process. Regarding Addison's alleged hallucinations, Ryans
concluded that he was "malingering" and his alleged
hallucinations in fact served some other purpose of Addison's.
It was within the trial court's discretion to accept or
reject any of Ryans' testimony and to determine what weight it
should be accorded. Street v. Street, 25 Va. App. ____, ____,
____ S.E.2d ____, _____ (1997) (en banc); Bridgeman v.
Commonwealth, 3 Va. App. 523, 528, 351 S.E.2d 598, 601 (1986).
Ryans' testimony provided the trial court with credible evidence
which supported its determination that on March 30, 1996, Addison
was competent to stand trial. Holding that the trial court's - 10 - decision was not plainly wrong and was supported by credible
evidence, we will not disturb its decision on appeal.
Addison's additional contention that the trial court erred
in denying him a new competency evaluation after his alleged
hallucinations is without merit. Code § 19.2-169.1(A) provides: If, at any time after the attorney for the defendant has been retained or appointed and before the end of trial, the court finds, upon hearing evidence or representations of counsel for the defendant or the attorney for the Commonwealth, that there is probable cause to believe that the defendant lacks substantial capacity to understand the proceedings against him or to assist his attorney in his own defense the court shall order that a competency evaluation be performed . . . .
(Emphasis added). Here, the record supports the trial court's
finding that there was no probable cause warranting an additional
competency evaluation. After counsel proffered that Addison was
experiencing visual hallucinations, the trial court ordered that
Dr. Ryans examine Addison. After questioning Addison, Dr. Ryans
testified that his opinion about Addison's ability to assist in
his defense had not changed. In addition, the trial court
observed that Addison appeared alert during trial and cognizant
of the proceedings and remained an active participant in his
defense by conferring with his attorney. On the basis of these
observations and Dr. Ryans' testimony, the court denied counsel's
motion for a new competency evaluation. This evidence was
sufficient to preclude a finding that probable cause existed to
believe that Addison was incompetent or had become incompetent
- 11 - since his original competency hearing.
We also note that Addison's claims that he could not
remember the shooting and that he blacked out are insufficient
evidence to establish as a matter of law that Addison was
incompetent to stand trial. To the contrary, Code
§ 19.2-169.1(E) specifically provides that "[t]he fact that the
defendant claims to be unable to remember the time period
surrounding the alleged offense shall not, by itself, bar a
finding of competency if the defendant otherwise understands the
charges against him and can assist in his defense."
Jury Instructions
Addison argues that the trial court erred in refusing to
give his proposed instruction regarding voluntary manslaughter.
"A reviewing court's responsibility in reviewing jury
instructions is `to see that the law has been clearly stated and
that the instructions cover all issues which the evidence fairly
raises.'" Darnell v. Commonwealth, 6 Va. App. 485, 488, 370
S.E.2d 717, 719 (1988) (quoting Swisher v. Swisher, 223 Va. 499, 503, 290 S.E.2d 856, 858 (1982)). "`[T]he appropriate standard
of review requires that we view the evidence with respect to the
refused instruction in the light most favorable to'" Addison.
Brandau v. Commonwealth, 16 Va. App. 408, 411, 430 S.E.2d 563,
564-65 (1993) (quoting Boone v. Commonwealth, 14 Va. App. 130,
131, 415 S.E.2d 250, 251 (1992)).
So viewed, the Commonwealth's evidence proved that on the
afternoon of August 15, 1995, Addison shot his wife twice, - 12 - killing her. Before the killing, Addison told several people
that he believed his wife was having affairs with three or four
of her male co-workers. While incarcerated awaiting trial,
Addison told Childs that he had decided to kill his wife as an
alternative to killing himself. Addison also told Childs that he
had followed his wife all day on August 15 and that he had
planned to kill her elsewhere, but that when he saw her on the
street he "lost his head and went ahead and killed her." Addison
himself testified that he believed his wife had been having
affairs since January 1995. "To reduce homicide from murder to voluntary manslaughter,
the killing must have been done in the heat of passion and upon
reasonable provocation." Barrett v. Commonwealth, 231 Va. 102,
105-06, 341 S.E.2d 190, 192 (1986). There was no evidence that
Addison killed his wife in the heat of passion and upon
reasonable provocation. In fact, the evidence demonstrated that
Addison planned to kill his wife for what he believed were her
long standing infidelities. Addison's own testimony that he
"lost his head" when he killed his wife in front of the post
office instead of in another location does not in any way
ameliorate the fact that Addison planned to murder his wife on
the day in question. Because Addison's proposed manslaughter
instruction was unsupported by the evidence, it was properly
refused. Bennett v. Commonwealth, 8 Va. App. 228, 234, 380
S.E.2d 17, 21 (1989). Accordingly, the trial court did not err
in refusing to instruct the jury on voluntary manslaughter. - 13 - Appellant's Statements
Addison argues that the trial court erred in failing to
grant his motion for a mistrial on the basis that his undisclosed
statements to Trooper Willis, which Addison alleges were the
product of custodial interrogation, were erroneously admitted.
"On appeal the denial of a motion for a mistrial will not be
overruled unless there exists a manifest probability that the
denial of a mistrial was prejudicial." Harward v. Commonwealth,
5 Va. App. 468, 478, 364 S.E.2d 511, 516 (1988). Here, the trial court struck Willis' testimony concerning
Addison's statements at the scene of the killing and ordered the
jury to disregard that testimony. In the absence of evidence to
the contrary, we presume that the jury followed the judge's
instruction to disregard the allegedly objectionable testimony.
Howard v. Commonwealth, 6 Va. App. 132, 144, 367 S.E.2d 527, 534
(1988). The record contains no evidence that the jury did not
abide by the judge's instruction. We find no error in the trial
court's failure to grant a mistrial on this basis.
Addison further contends that the discovery provided by the
Commonwealth erroneously described Addison's comment to Willis as
a spontaneous statement when in fact it was the product of
custodial interrogation. The discovery order governing the case
required the Commonwealth to disclose Addison's oral statements
to police officers, but did not require the Commonwealth to
describe the particular circumstances surrounding the statements.
Thus, assuming arguendo that the Commonwealth did - 14 - mischaracterize the statement to Willis as a spontaneous
statement, no violation of the discovery order occurred. Again,
we find no error in the trial court's failure to grant a mistrial
on this basis.
Addison also objected to Trooper Baldridge's testimony that,
immediately after the killing, Addison said, "I'm fucking crazy
and I've got the papers to prove it." Baldridge testified that
Addison made this statement spontaneously while he was lying on
the sidewalk surrounded by police officers. The comment was not
connected to the questions previously posed by the officers. "'Miranda [v. Arizona, 384 U.S. 436 (1966),] safeguards come
into play whenever a person in custody is subjected to either
express questioning or its functional equivalent.'" Jenkins v.
Commonwealth, 244 Va. 445, 453, 423 S.E.2d 360, 365 (1992)
(quoting Rhode Island v. Innis, 446 U.S. 291, 300-01 (1980)),
cert. denied, 507 U.S. 1036 (1993). Where a suspect in custody
makes spontaneous admissions which are not a product of police
interrogation, the statements are not inadmissible as violative
of the suspect's Miranda rights. See Bradshaw v. Commonwealth,
228 Va. 484, 490, 323 S.E.2d 567, 570-71 (1984). Therefore, the
trial court did not err in refusing to suppress Baldridge's
testimony about Addison's comment at the scene or in failing to
grant a mistrial on this basis.
Jailhouse Statements Addison objected to Childs' testimony because the
Commonwealth's Attorney did not disclose before trial either
- 15 - Childs' letter to his attorney concerning his jail cell encounter
with Addison or Childs' attorney's letter to the Commonwealth's
Attorney concerning the matter.
The discovery order required the Commonwealth to make
available to Addison "[a]ny written or recorded statements or
confessions made by the Defendant or the substance of any oral
statements or confessions made by the Defendant to any law
enforcement officer, the existence to [sic] which is known to"
the Commonwealth's Attorney. Neither letter constituted a
written or recorded statement of Addison. "To be discoverable
the statement must be given by the accused rather than by a
witness who heard the accused speak." Hackman v. Commonwealth,
220 Va. 710, 714, 261 S.E.2d 555, 558 (1980) (decided under
former Rule 3A:14). Nor were the letters oral statements made by
Addison to a law enforcement officer. Consequently, the
Commonwealth's Attorney's failure to disclose the two letters did
not violate the discovery order, and therefore we hold that the
trial court did not err in admitting evidence of Addison's
conversation with Childs.
Holding that the trial court's finding that Addison was
competent to stand trial was supported by credible evidence and
was not plainly wrong; that the evidence was sufficient to
support the trial court's finding that probable cause did not
exist to order an additional competency evaluation; that
Addison's proposed instruction concerning involuntary
manslaughter was unsupported by the evidence; that the trial - 16 - court did not err in denying Addison's motion for a mistrial on
admitted; and that Addison's jailhouse statements were not
contemplated by the trial court's discovery order, we affirm.
Affirmed.
- 17 -