State v. Marku

2004 VT 31, 850 A.2d 993, 176 Vt. 607, 2004 Vt. LEXIS 35
CourtSupreme Court of Vermont
DecidedMarch 30, 2004
DocketNo. 02-188
StatusPublished
Cited by13 cases

This text of 2004 VT 31 (State v. Marku) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Marku, 2004 VT 31, 850 A.2d 993, 176 Vt. 607, 2004 Vt. LEXIS 35 (Vt. 2004).

Opinion

¶ 1. Defendant Nikoll Marku appeals the trial court’s admission of his guilty plea to attempted second degree murder. Defendant argues that the court erred in finding appellant competent to enter a plea and accepting defendant’s plea without sufficient compliance with the requirements established by Rule 11 of the Vermont Rules of Criminal Procedure. We affirm.

¶ 2. Defendant is an Albanian refugee who entered the United States in 1992. On April 1, 1998, defendant went to the gas station where the victim worked, made small talk with him, and told the victim to “get ready, I’m going to kill you.” Defendant then stabbed the victim in the head and neck, kicked him when he was down, and left. The two men were acquaintances, and had some minor friction over payment for a vehicle that the victim had apparently sold to defendant. The cause of the attack, however, is not entirely clear. At the time of his arrest, defendant denied any involvement in the incident.

¶ 3. Defendant is not fluent but understands English. The trial court found that his use of English was “not precise, but generally accurate.” Although an interpreter was available at all proceedings, the court observed that defendant never sought clarification from the interpreter and that defendant “virtually refuse[d] to speak through the interpreter,” preferring to respond directly in English.

¶ 4. In September 1999, the court ordered the first of three psychiatric evaluations, after defense counsel questioned defendant’s competency and re[608]*608ported that defendant refused to submit to the defense’s psychological testing. Relying on the correctional mental health records, this first report relates that defendant had been placed in segregation on several occasions because of a variety of aggressive and bizarre behaviors, including fighting, yelling and chanting, bathing in the toilet, and flooding his cell with urine and feces. Defendant repeatedly refused mental health assessments or services. Defendant was diagnosed with adjustment disorder, a possible personality disorder, and a “possible history of regressive deterioration while in corrections.” Nevertheless, the evaluating psychiatrist —■ Dr. Linder — observed that during the interview defendant was “alert and oriented to person, place and time.” According to the report, defendant was focused, spoke coherently, and no hallucinations or delusions were noted.

¶ 5. Based on his interview with defendant, Dr. Linder gave “reserved support” to the opinion that defendant was competent to stand trial. Dr. Linder reported that defendant understood the charges but was not well versed in the particulars of the pending legal proceedings. Defendant did not entirely understand the public defender’s role, and he was not familiar with plea bargaining. He did know, however, that he could testify on his own behalf and call witnesses in his defense. Defendant also understood that it was the State’s burden to prove the case against him, and that a jury would decide the case. Dr. Linder observed that defendant was attentive and was able to retain the explanation of trial mechanics. Dr. Linder cautioned, however, that the determination of competence was hindered by defendant’s limited cooperation, and language and cultural barriers. During the interview, defendant denied the charges and was not interested in discussing plea bargaining or the possibility of an insanity defense. According to Dr. Linder, defendant “seemed overly optimistic about being released and showed little interest in the interview because of that.”

¶ 6. In May 2000 defendant appeared for a competency hearing. Defense counsel stipulated to the admission of Dr. Linder’s report and told the court that he had no countervailing medical testimony. The court examined defendant on a variety of subjects, including his family, his behavior in jail, and his understanding of trial proceedings. Defendant responded “I don’t know” to some simple questions such as what do the police do, or what would happen if a person went outside the courtroom and hurt somebody. The court observed that any suggestion of defendant’s culpability, or the possibility of conviction was “quickly curtailed by defendant’s repetitive and single theme responses of: T didn’t do it,’ T don’t know,’ or T don’t approve [because I didn’t do anything].”’

¶ 7. At the end of the hearing, the court stated that Dr. Linder’s report did not provide a basis to conclude that defendant was incompetent. Although the court concurred with defense counsel that appellant seemed fixated on the idea that he should not be in court, knew nothing, and should go free, it was unable to conclude that the fixation was necessarily irrational or the product of mental illness. The court stated that the competency issue would be taken under advisement and its “perception is, today he just doesn’t want to cooperate as opposed to being mentally incompetent.”

¶ 8. In July 2000 the trial court requested the translation of a lengthy statement that defendant had filed with the court. In his letter, defendant affirms his innocence and recounts his relationship with the victim and other mutual friends and acquaintances. According to defendant, the victim insisted that defendant had bought the victim’s van. This disagreement then evolved into disputes over money, vandalism, and social confrontations by the victim against defend[609]*609ant. Defendant affirms that despite these disputes he never hurt the victim.

¶ 9. In October 2000 the court ordered an updated competency evaluation, after defendant filed a one page document with the court in “phonetic” English. Defendant’s letter was interpreted, in pertinent part, as follows:

I done my crime or attempted murder whatever I been charged. I am making my proof now. I just want to go for another court. To explain what our situation was with Elia Dinis ____Please somebody help me with this just to know how many year I am gonna get .... I apologize for being strong head please somebody answer to me thank you. I am ready to do my time for whatever I done.

¶ 10. Anticipating this second evaluation, defense counsel supplied a letter to the examining physician written by defendant in English. This document is a disjointed account of bizarre events that defendant claimed occurred during his childhood, including an electric shock, a tree branch penetrating his head, and being shot with a gun twenty times. The letter closes with the following statement: “I did stab Elia Dinis____Just I want to know how many years I am going to get. If I been lying I am telling now. Also I want sentencing??.”

¶ 11. Dr. Linder examined defendant and stated that “[a]n opinion that Nikoll Marku is mentally competent to stand trial ... would find support.” (emphasis in original). Dr. Linder noted that defendant was more cooperative and that his understanding and use of English had improved. In significant contrast with the first evaluation and with defendant’s previous denials, defendant now declared that he stabbed the victim. Defendant understood that the judge would decide his case. He indicated that he was aware of his trial rights, but that he would not need a jury because he would admit to committing the crime. Defendant was aware that he could be exposed to a lengthy sentence, and expressed an interest in plea bargaining.

¶ 12. On March 16, 2001, after considering the second report, the court found that appellant was competent to stand trial.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Mitchell Bowen
2018 VT 87 (Supreme Court of Vermont, 2018)
State v. James Scarola
2017 VT 116 (Supreme Court of Vermont, 2017)
In re Anthony Bridger
2017 VT 79 (Supreme Court of Vermont, 2017)
In re Wight Manning
2016 VT 53 (Supreme Court of Vermont, 2016)
In re Cherie Hyde
2015 VT 106 (Supreme Court of Vermont, 2015)
State v. Fucci
2015 VT 39 (Supreme Court of Vermont, 2015)
State v. Freeman
2013 VT 25 (Supreme Court of Vermont, 2013)
In Re Parks
2008 VT 65 (Supreme Court of Vermont, 2008)
State v. Tribble
2005 VT 132 (Supreme Court of Vermont, 2005)
In re E.F.
2004 VT 79 (Supreme Court of Vermont, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
2004 VT 31, 850 A.2d 993, 176 Vt. 607, 2004 Vt. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marku-vt-2004.