Khiem v. United States

612 A.2d 160, 1992 D.C. App. LEXIS 78, 1992 WL 201913
CourtDistrict of Columbia Court of Appeals
DecidedMarch 20, 1992
Docket91-CO-1028
StatusPublished
Cited by51 cases

This text of 612 A.2d 160 (Khiem v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Khiem v. United States, 612 A.2d 160, 1992 D.C. App. LEXIS 78, 1992 WL 201913 (D.C. 1992).

Opinions

SCHWELB, Associate Judge:

Appellant Tran Van Khiem (Khiem) was charged in 1986 with the premeditated murder of his parents. He was found incompetent to stand trial and is presently detained at Saint Elizabeths Hospital (the hospital). He now appeals from an order of the trial court directing that he be treated, over his objection, with psychotropic drugs. The primary purpose of the proposed treatment would be to render Khiem competent to stand trial.

Khiem contends that the administration of these drugs to him without his consent would abrogate his common law right to bodily integrity, as well as his statutory rights under the Health Care Decisions Act [162]*162of 1988 (HCDA), D.C.Code § 21-2201 et seq. (1989). He also claims that the standards and procedures utilized by the hospital and by the trial judge in ordering treatment run afoul of the Due Process Clause of the Fifth Amendment. We hold that the trial court made a reasonable accommodation between Khiem’s liberty interest and the government’s interest in bringing him to trial, that the HCDA is inapplicable, and that the procedures utilized below satisfied applicable constitutional standards. Accordingly, we affirm.

I

THE TRIAL COURT PROCEEDINGS

On the morning of July 24, 1986, the bodies of Mr. Tran Van Chuong and Mrs. Nam Tran Chuong, an elderly couple who were members of a prominent Vietnamese family,1 were found in their home in northwest Washington, D.C. Investigation disclosed that both Chuongs had died from asphyxiation and that each had apparently been severely beaten. On July 25, 1986, their son, appellant Tran Van Khiem, then sixty years of age, was arrested and charged with the murders. A surety bond of $100,000 was imposed. Unable to post that amount, Khiem was detained at the District of Columbia Jail. An indictment was returned on April 22, 1987, charging Khiem with two counts of murder in the first degree. His trial was initially scheduled for July 1, 1987.

On June 25, 1987, following preliminary proceedings in which Khiem indicated that he did not propose to offer an insanity defense, Chief Judge Fred Ugast ordered that Khiem be transferred to the hospital for an examination of his mental condition. He directed the hospital to determine whether Khiem was competent to stand trial, whether an insanity defense might be available to him and, if so, whether Khiem was competent to waive it. Following several examinations and communications with the court, the hospital reported that Khiem was competent to stand trial and that he did not qualify for an insanity defense. The trial was rescheduled for March 8, 1988 and began on that date.

As the trial proceeded, Khiem conducted himself in a bizarre manner.2 At the request of defense counsel, Judge Ugast halted the proceedings and ordered a competency screening. On March 18, 1988, after hearing testimony from the examining psychiatrist, the judge found Khiem incompetent to stand trial. The judge declared a mistrial3 and recommitted him to the hospital pursuant to D.C.Code § 24-301(a) (1989) for evaluation and treatment. The purpose of the commitment was to enable Khiem to regain his trial competency.

On June 13, 1988, the hospital reported that Khiem was incompetent to stand trial and that he was unlikely to regain his competency in the foreseeable future. This diagnosis was repeated on several occasions over the following two years at proceedings convened by the trial court.

A psychiatrist who had examined Khiem on behalf of the prosecution suggested at a 1989 hearing that anti-psychotic medication could have some potential for improving Khiem’s condition and restoring his competency for trial. Judge Robert Shuker, to whom the case had been reassigned, directed the hospital to explore this possibility. The hospital advised the court, however, by letter dated September 18, 1989, that it had decided that psychotropic medication should not be administered to Khiem on an involuntary basis. It was the view of Dr. John Kelley, the Medical Director of the John Howard Pavilion, that Khiem was unlikely to respond positively to such medication and that his prognosis, with or without medication, was poor.

[163]*163On October 4, 1989, the prosecution filed a motion to require [Khiem’s] involuntary medication. The defense responded with a motion to terminate Khiem’s commitment. On September 25, 1990, Judge Robert M. Scott, to whom the case had been reassigned, directed the hospital to provide an updated report.

In response to the judge’s order, the hospital reported that Khiem remained incompetent. Following an evaluation by his new doctor, Kenneth Rogers, M.D., however, the hospital now recommended that Khiem be treated with psychotropic drugs. The hospital indicated that psychotropic medication could reduce the symptoms of Khiem’s illness (including his psychotic thinking) and render him competent for trial. Khiem invoked the hospital’s internal administrative review procedures in an attempt to have this recommendation set aside. His administrative appeal was unsuccessful and, on March 19, 1991, Dr. Rogers’ decision was affirmed by the hospital administration. Khiem, through counsel, asked the trial court not to follow the hospital’s recommendation.

The trial judge convened two hearings to determine how Khiem’s case should proceed. On April 11, 1991, after considering the briefs and arguments of counsel, he concluded that the question for his consideration was whether the hospital’s recommendation was arbitrary or capricious. Thereafter, at an evidentiary hearing which began on July 29, 1991, the judge received the testimony of one medical witness called on behalf of Khiem and of three medical witnesses — Dr. Rogers, Dr. Kelley, and Dr. John Livingood4 — called by the prosecution. The government’s witnesses testified that the proposed involuntary treatment was medically indicated and that appropriate safeguards would be taken to avert any possible side-effects. The psychiatrist called by Khiem disagreed with the hospital’s recommendation, but acknowledged that a minority of psychiatrists, especially those who practiced forensic medicine, might agree with the hospital’s decision.

The judge ruled that the hospital’s recommendation “has been shown to be wholly reasonable and to have been based upon clinical determinations which are well founded medically.” He specifically found, contrary to Khiem’s claims, that the hospital’s treatment decision had not been influenced by a desire to accommodate the perceived wishes of the court or the prosecution. The judge rejected, on the strength of Washington v. Harper, 494 U.S. 210, 110 S.Ct. 1028, 108 L.Ed.2d 178 (1990) and United States v. Charters, 863 F.2d 302 (4th Cir.1988) (en banc), cert. denied, 494 U.S. 1016, 110 S.Ct. 1317, 108 L.Ed.2d 493 (1990), Khiem’s contention that the court was without authority to order treatment unless Khiem consented to it, either personally or through the substituted judgment process.

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Bluebook (online)
612 A.2d 160, 1992 D.C. App. LEXIS 78, 1992 WL 201913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/khiem-v-united-states-dc-1992.