People v. Posby

574 N.W.2d 398, 227 Mich. App. 219
CourtMichigan Court of Appeals
DecidedMarch 26, 1998
DocketDocket 177992
StatusPublished
Cited by5 cases

This text of 574 N.W.2d 398 (People v. Posby) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Posby, 574 N.W.2d 398, 227 Mich. App. 219 (Mich. Ct. App. 1998).

Opinions

Jansen, J.

Following a jury trial, defendant was found guilty but mentally ill of first-degree murder, MCL 750.316; MSA 28.548, MCL 768.36; MSA 28.1059, and was sentenced to life imprisonment without the possibility of parole. Defendant appeals as of right. We reverse and remand for a new trial.

This case concerns the shooting death of John Kemink, M.D., on June 25, 1992. Dr. Kemink, an otolaryngologist (ear, nose, and throat doctor), was shot and killed in an examination room at the University of Michigan Otolaryngology Clinic. It was undisputed that defendant shot and killed Dr. Kemink. The sole issue at trial was defendant’s sanity at the time of the shooting. Defendant believed that Dr. Kemink was conspiring with another doctor (Dr. Proctor) to perform a brain operation that would kill defendant. Defendant also believed that Dr. Proctor had previously damaged his “balance nerve,” and that Dr. Kemink had betrayed him by referring him to Dr. Proctor. Defendant wanted to “bring this conspiracy to light” so that no other patients would be harmed. All the expert witnesses who testified at trial agreed that defendant’s beliefs were delusional and not based in reality.

[222]*222The only disputed issue for the jury to determine was defendant’s sanity at the time of the offense. Defendant asserted that he was not criminally responsible for Dr. Kemink’s death because he was legally insane at the time of the shooting. Four expert witnesses testified at trial; three testified on defendant’s behalf and one testified on the prosecution’s behalf. Gail Farley, Ph.D., testified on defendant’s behalf. Her diagnosis was that defendant suffered from “paranoid persecutorial delusional disorder,” and she testified that defendant did not have the capacity to recognize the wrongfulness of his conduct and was unable to conform his conduct to the law. Jack Haynes, Ph.D., testified on defendant’s behalf. He testified that defendant suffered from persecutory delusional disorder and that defendant did not have the capacity to fully and realistically appreciate the wrongfulness of his conduct. Dr. Haynes concluded that defendant was unable to conform his conduct to the requirements of the law and that defendant was legally insane when he killed Dr. Kemink. Stephen Cook, M.D., also testified on defendant’s behalf. Dr. Cook concluded that defendant suffered from paranoid delusional disorder, that defendant did not have the substantial capacity to know that killing Dr. Kemink was wrong, and that defendant lacked the capacity to conform his conduct to the law.

William Decker, M.D., testified on behalf of the prosecution. He agreed that defendant was mentally ill at the time of the shooting, but stated that defendant had the capacity to appreciate the wrongfulness of what he was doing and that defendant had the capacity to conform his conduct to the requirements of the law. Dr. Decker believed that defendant was [223]*223legally sane at the time of the shooting and that the shooting had nothing to do with defendant’s delusional disorder. Rather, Dr. Decker stated that he believed that defendant killed Dr. Kemink out of anger in response to defendant’s feeling of betrayal of the trust he had in Dr. Kemink.

The jury found defendant guilty but mentally ill of first-degree murder. The significant issue on appeal is the second issue raised by defendant. This issue was raised in the trial court initially as a pretrial motion. Defense counsel requested discontinuance of defendant’s antipsychotic medication, perphenazine. William Yaroch, M.D., and Sherry Hansen, M.S.W., testified at the pretrial hearing. Dr. Yaroch testified that he had prescribed perphenazine to defendant. He explained that this medication tends to normalize a person’s thinking and is given to people who have disordered thinking. He also explained that defendant has delusional thinking and the medication tends to reduce that part of defendant’s thinking. Although the medication does not eliminate the delusions, it allowed defendant to become generally more organized in his thinking.

Dr. Yaroch testified that if defendant was taken off his medication, it would be a matter of days before he would become delusional and disorganized. Dr. Yaroch stated that defendant would not be competent to stand trial and would not be able to assist in his defense properly if he was taken off his medication. Dr. Yaroch could not say for certain what sort of manifestations would occur if defendant was removed from his medication, but stated that his illness would worsen and his ability to function would lessen. Defendant’s thinking would become more delusional [224]*224and less rational and he probably would not be able to remain competent throughout trial if he was taken off his medication. Dr. Yaxoch agreed that perphenazine has a mild sedative effect, but that it was not necessary for defendant to consume large quantities of water while taking it.

Sherry Hansen, defendant’s chief clinician at the Center for Forensic Psychiatry where defendant was being held, stated that she had been defendant’s chief clinician for only one week. Before becoming defendant’s chief clinician, Hansen did have contact with defendant “for quite a long period of time.” The length of time was not stated. Hansen had not observed defendant to be sleepy, and she stated that defendant appeared to be alert and active during the day and evening hours. Hansen did state that defendant complained to her that he was being “tranquilized,” that he felt sleepy until 2:00 in the afternoon, and that he needed to have a clear mind to defend himself in court.

The trial court denied defendant’s pretrial motion to be removed from his antipsychotic medication and made the following findings:

[T]he Court finds that there is an overriding State interest in maintaining the competency of the Defendant in this case that outweighs any right that he might have to be absent medication during the pendency of this trial.
The Court would note that, previously, this trial was scheduled in September of 1993, at which time the issue of the Defendant’s competency arose after the beginning of trial and the trial ultimately was adjourned.
The Court believes that given the testimony of Doctor Yaroch — or Mr. Yaroch, especially the testimony that, in his view, the Defendant would not be able to maintain his competency to stand trial throughout this trial, if he were to be [225]*225removed from his medication, that the likely result of granting the defense motion would be to, again, start the trial and result in an adjournment of the trial mid-trial.
The People certainly have a right, as does the Defendant, to a speedy trial on this mater and to grant the motion would be to restrict that right. Therefore, the motion is denied.

On appeal, defendant does not contend that he should have been free from medication throughout trial. Rather, defendant argues that the trial court erred in denying defense counsel’s second request at trial to have defendant taken off his antipsychotic medication for three days to allow defendant to testify while unmedicated so that the jury could observe defendant on the witness stand in his true mental state. Defense counsel requested that defendant be removed from his medication beginning on a Friday, and that he remain off the medication for the weekend until the following Monday. On Monday, defendant would testify, and then be placed back on his medication.

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Related

People v. McIntire
591 N.W.2d 231 (Michigan Court of Appeals, 1999)
People v. Posby
583 N.W.2d 458 (Michigan Supreme Court, 1998)

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Bluebook (online)
574 N.W.2d 398, 227 Mich. App. 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-posby-michctapp-1998.