Mayes v. State

417 N.E.2d 1147, 1981 Ind. App. LEXIS 1312
CourtIndiana Court of Appeals
DecidedMarch 17, 1981
DocketNo. 2-1080A346
StatusPublished
Cited by1 cases

This text of 417 N.E.2d 1147 (Mayes v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mayes v. State, 417 N.E.2d 1147, 1981 Ind. App. LEXIS 1312 (Ind. Ct. App. 1981).

Opinion

CHIPMAN, Judge.

A jury found defendant Willa Mayes guilty of three counts of Neglect of a Dependent,1 two counts of Criminal Recklessness,2 Involuntary Manslaughter,3 and [1149]*1149Reckless Homicide.4 This appeal presents only one issue for our review: whether the State proved the defendant’s sanity beyond reasonable doubt. After careful review of the lay and expert testimony in this case, we conclude there is insufficient evidence to prove Willa Mayes was legally sane at the time of the commission of the crimes charged.

Reversed.

At the time defendant Mayes was tried the burden of proof on the issue of sanity rested with the State. The defendant was presumed to be sane. Young v. State, (1972) 258 Ind. 246, 280 N.E.2d 595; Hollander v. State, (1973) 156 Ind.App. 329, 296 N.E.2d 449. However, once she challenged that presumption by introducing evidence to show she suffered from a mental defect or disease which either prevented her from conforming her conduct to the requirements of the law or from appreciating the wrongfulness of her acts,5 the burden rested upon the State to prove the accused was legally sane beyond a reasonable doubt. Burr v. State, (1977) Ind., 367 N.E.2d 1085; Johnson v. State, (1977) 265 Ind. 652, 358 N.E.2d 748.

The State’s first witness was officer Joseph Lackey, a homicide detective with the Indianapolis Police Department. On November 25, 1977, Lackey was called to the defendant’s residence at 4209 North LaSalle Street in Indianapolis. There he found six children; one child, six year old Daniel Bush, was pronounced dead at the scene. Defendant Mayes and the deceased child’s mother, Trula Bush, were also in the home. Three of the children were the defendant’s grandchildren. The other two minors, William and Cathy, were the children of Trula Bush. The children were found sleeping on the floor in the basement of the home, where officer Lackey also discovered what appeared to be an “altar” with pictures of Christ, many candles and a large Bible.

All the children were removed from the home. Defendant Mayes attempted to prevent medical personnel from removing the body of Daniel Bush claiming the child was not dead but merely in a “death trance.” Defendant claimed she had also been in similar trances many times. Twice she struck the deceased child on the chest before being restrained. Defendant was carrying a Bible and “two small sticks” which she said she had whittled for the police officers who arrived at the scene. During direct examination officer Lackey was questioned about Mayes’ state of mind:

“Q: Now, Officer Lackey, how did the defendant seem to you that night, how did she appear?
A: Well, ...
Q: Did she act like she knew what she was doing?
A: I would — no, I don’t think so. I would say no.”

During cross-examination officer Lackey responded in similar fashion:

“Q Did Mrs. Mayes appear to be normal, or sound, at the time?
A: No, sir.”

The State’s next witness was Dr. Josephi-no C. Aguilar, a forensic pathologist who performed the autopsy on the body of Daniel Bush. Dr. Aguilar testified that the child had twice the normal levels of sodium and chloride in his body, and ten times the normal amount of potassium. It was the doctor’s opinion that Daniel died of “malnutrition and dehydration, together with an overdose, if you will, of salt.” The other Bush children, William and Cathy, also had dangerously high levels of sodium, chloride and potassium in their bodies; both children were mildly dehydrated and weak. The defendant’s three grandchildren were found not to be suffering from excessive salt ingestion.

The horror story surrounding the death of Daniel began to unfold when the State called Trula Bush to the stand. Trula testified that she and defendant Mayes made all the children drink salt water to drive out “wickedness”:

[1150]*1150“She [defendant] said that we had to drink the salt water to get the filth out of us and it would take the wickedness and evilness away from us.”

Trula also explained why her children were given more salt than was given to defendant Mayes’ grandchildren:

“[M]y children were so filthy because of the fact that they were mine and I had been messed up in witchcraft, so, therefore, they had the same amount of filth that I had. Salt water was to clean them so that we could be saved and go to the altar.”

Trula referred to defendant Mayes as “Jesus.” She testified that when her son Daniel began to vomit blood, Mayes offered the following explanation:

“She [defendant] said that Daniel was through, that he had given up the ghost. When I asked her what was that, she said he had given up the old man and taken on the new man. And that was Christ. But the rest of us was still holding on. And when I asked her how come I couldn’t get rid of mine, she said it was because I wasn’t trying hard enough.”

The jury heard the testimony of four psychiatrists. Dr. Louis W. Nie was appointed by the court to evaluate defendant Mayes in December 1977. During his examination Dr. Nie found Mayes to be “loquacious, over-active and demonstrative in her manner . . . speech and motor behavior.” While Mayes was oriented to time, place and person and had normal memory functions, Dr. Nie found she experienced delusions and hallucinations and had practically no insight into her situation “since her fanaticism with regard to her religious beliefs tends to deny the realities around her.” During the examination Mayes demonstrated how “Jesus gets into me,” how she believed herself possessed and her thoughts and behavior controlled by Jesus. Dr. Nie concluded Mayes was psychotic and probably had been so for many years. It was his opinion that defendant Mayes’ perceptions of reality were so distorted that it was impossible for her to control her actions in accordance with customs and roles. In short, she was incapable of managing her behavior.

Dr. Dewitt Brown, a licensed psychiatrist since 1947 and Associate Professor of Clinical Psychiatry at the Indiana University School of Medicine, was also appointed by the court to evaluate defendant Mayes in December 1977. Dr. Brown’s observations were similar to those of Dr. Nie. He found Mayes to be suffering from visual and auditory hallucinations and delusions, noting her belief that Christ had returned to earth and was “in her.” It was Dr. Brown’s opinion that defendant Mayes was “psychotic or grossly mentally ill” at the time of the alleged offenses, and that Mayes had probably been psychotic for a number of years. On cross-examination Dr. Brown was asked whether an individual who faces punishment for violating the law might tend to exaggerate symptoms of insanity or abnormality during the psychiatric evaluation. Dr. Brown replied:

“Yes, that sometimes happens.

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Related

Mayes v. State
440 N.E.2d 678 (Indiana Supreme Court, 1982)

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Bluebook (online)
417 N.E.2d 1147, 1981 Ind. App. LEXIS 1312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mayes-v-state-indctapp-1981.