State v. Lawrence

386 P.3d 476, 139 Haw. 192, 2016 Haw. App. LEXIS 513
Hawaii Intermediate Court of Appeals·Decided November 30, 2016·No. NO. CAAP-14-0000378·Published·Cited by 1 cases

Opinion

OPINION OF THE COURT BY

NAKAMURA, C.J.

Plaintiff-Appellee State of Hawaii (State) charged Defendant-Appellant Michael Robert Lawrence (Lawrence) with the second-degree murder of Melchor Talaro Tabag (Ta-bag). Lawrence killed Tabag, a vacuum cleaner salesperson who had been demonstrating products at Lawrence’s home, by striking Tabag in the head with a hammer and stabbing him in the neck and chest. Lawrence subsequently dismembered Ta-bag’s body. In 2002, after a jury-waived bench trial, the Circuit Court of the First Circuit (Circuit Court)1 found Lawrence not guilty of second-degree murder by reason of physical or mental disease, disorder, or defect. Based on testimony that Lawrence presented a risk of danger to others, the Circuit Court ordered him committed to the custody of the Director of the Department of Health (Director) to be placed in an appropriate institution for custody, care, and treatment. The Circuit Court entered its “Judgment of Acqutial and Commitment” which reflected these rulings on April 3, 2002.

On December 18, 2013, the Director filed a motion for an order authorizing the involuntary administration of psychotropic medication to Lawrence. The motion was based on a request by Thomas L. Cook, M.D. (Dr. Cook), Lawrence’s treating psychiatrist at the Hawaii State Hospital. After an eviden-tiary hearing, the Circuit Court2 granted the motion and filed its “Order Granting [Director’s] Motion for an Order Authorizing the Involuntary Administration of Medication” (Medication Order) on December 26, 2013.

Lawrence appeals from the Medication Order. On appeal, Lawrence contends that the Circuit Court erred in issuing the Medication Order because there was insufficient evidence to support it. We disagree and affirm the Circuit Court.

BACKGROUND

I.

In the morning of March 27, 1999, Tabag, a vacuum cleaner salesperson, demonstrated his products to Lawrence at a home that Lawrence shared with his parents. Lawrence’s mother later saw Tabag’s body lying on the floor with a stream of blood on his left forehead. Lawrence was there and was holding a hammer in his right hand. Lawrence’s mother became scared and locked herself in her bedroom. Lawrence left the residence with Tabag’s body and drove away in Tabag’s car.

The police later arrested Lawrence after seeing him drive into a gas station in Tabag’s car. From the car, the police recovered a dagger type knife, bone saw, and claw hammer which appeared to have blood on them. The bone saw also appeared to have flesh and hah- on it. Lawrence later admitted that he had “chopped up” Tabag’s body and stated that he felt “high” when he killed Tabag.

The State filed a criminal Complaint against Lawrence, chaiging him with the second-degree murder of Tabag. After a jury-waived bench trial, the Circuit Court found that the State proved beyond a reasonable doubt that Lawrence “struck Melchor Tabag on the head with a hammer, stabbed him in the neck and chest, and caused the death of Melchor Tabag”; that Lawrence engaged in this conduct intentionally or knowingly; and that Lawrence intended or knew that his conduct would result in Tabag’s death.

The Circuit Court, however, further found that Lawrence was not guilty of the charged second-degree murder by reason of physical [195] or mental disease, disorder, or defect. The Circuit Court ruled that Lawrence had proven by a preponderance of the evidence the affirmative defense that (1) at the time of the charged offense, he was suffering from a physical or mental disease, disorder, or defect; and (2) as the result of such physical or mental disease, disorder, or defect, he lacked substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law (hereinafter, the “insanity defense”). In support of its insanity defense ruling, the Circuit Court cited the opinions of mental health experts who treated or examined Lawrence that Lawrence suffered from schizophrenia and that he believed killing Tabag was part of his “mission.” To support its finding that Lawrence suffered from schizophrenia and was not malingering, the Circuit Court cited evidence that while in custody after his arrest, Lawrence’s symptoms improved after the administration of anti-psychotic medication, but that six weeks after the medication was stopped, Lawrence showed psychotic symptoms which included “uncontrollable thoughts to chop up people[,]” and that Lawrence’s symptoms again improved when the medication was resumed. The Circuit Court found that Lawrence had proven by a preponderance of the evidence that

at the time of the alleged offense, the Defendant was acting pursuant to a delusion as to his mission and that he lacked substantial capacity to appreciate the wrongfulness of his conduct and that he lacked substantial capacity to conform his conduct to the requirements of the law, due to a physical or mental disease, disorder or defect.

Accordingly, the Circuit Court adjudged Lawrence not guilty based on his insanity defense. In addition, based on the testimony that Lawrence presented a risk of danger to others, the Circuit Court ordered that Lawrence be “committed to the custody of the Director ... to be placed in an appropriate institution for custody, care and treatment.” On April 3, 2002, the Circuit Court entered its Judgment of Acquittal and Commitment, which acquitted Lawrence based on his insanity defense and ordered him committed to the custody of the Director, pursuant to Hawaii Revised Statutes (HRS) § 704-411 (1) (a) (1993).3

II.

From the time that the Circuit Court entered its Judgment of Acquittal and Commitment in 2002, Lawrence has remained in custody, either at the Hawai'i State Hospital (HSH) or at the Halawa Correctional Facility (Halawa). Lawrence was apparently prosecuted for assaulting an HSH physician in 2008, and he was incarcerated at Halawa until November 2013. Lawrence has a history of violent behavior while in custody, and the Circuit Court has issued a series of orders authorizing his involuntary medication.

A.

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State v. Lawrence, 386 P.3d 476, 139 Haw. 192, 2016 Haw. App. LEXIS 513 (hawapp 2016).

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