State v. Morgan

863 So. 2d 520, 2004 WL 96816
CourtSupreme Court of Louisiana
DecidedJanuary 21, 2004
Docket2002-K-3196
StatusPublished
Cited by6 cases

This text of 863 So. 2d 520 (State v. Morgan) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Morgan, 863 So. 2d 520, 2004 WL 96816 (La. 2004).

Opinion

863 So.2d 520 (2004)

STATE of Louisiana
v.
Spencer MORGAN.

No. 2002-K-3196.

Supreme Court of Louisiana.

January 21, 2004.

Charles C. Foti, Jr., Attorney General, Eddie J. Jordan, Jr., District Attorney, Valentin Michael Solino, Catherine Lynn Bartholomew, Assistant District Attorneys, for applicant.

Paul Corey Marx, for respondent.

PER CURIAM.

The present case involves an incident in March, 1997, in which defendant-respondent lured his teenage daughter (L.C.) to his home, locked the doors behind them, and then raped her vaginally and attempted to rape her anally. The victim escaped after the sexual assault and ran to the home of her aunt where she reported the crime. Charged by the state with aggravated rape in violation of La.R.S. 14:42, respondent waived a jury and went to trial before the court alone on a dual plea of not guilty and not guilty by reason of insanity. At trial, the state presented testimony from not only the victim but also from another female witness (K.B.), who testified that six years before the charged crime, when she was 13 years old, respondent had also lured her to his house, pulled her inside as he locked the doors behind her, and then raped her. At the close of evidence, the trial court rejected respondent's insanity defense and found him guilty as charged.

*521 On appeal, respondent argued, inter alia, that the trial court erred in admitting evidence of the sexual assault involving K.B. The court of appeal rejected all of respondent's assignments of error and affirmed his conviction and sentence. In pertinent part, the court found that "evidence of the prior rape [of K.B.] was relevant to prove defendant's lustful disposition for minor, adolescent females." State v. Morgan, 99-2685, p. 16 (La.App. 4 th Cir. 1/17/01), 779 So.2d 17, 26. On respondent's application for review, this Court remanded the case to the court of appeal "for consideration in light of State v. Kennedy, 00-1554 (La.4/3/01), 803 So.2d 916." State v. Morgan, 01-0418 (La.1/25/02), 806 So.2d 662. On remand, the court of appeal reversed itself, vacated respondent's conviction and sentence, and sent the case back to the district court for further proceedings. State v. Morgan, 99-2685 (La. App. 4th Cir.5/29/02), 830 So.2d 304. With considerable reluctance and "great trepidation," the court of appeal concluded that this Court's decision in Kennedy meant that "the trial judge erred in allowing the victim of a prior crime to testify against defendant as evidence of `lustful disposition.'" Morgan, 99-2685 at 5, 830 So.2d at 307.[1] We then granted the state's application for review, not because the court of appeal erred in concluding that under Kennedy the sexual assault on K.B. was not admissible to prove respondent's lustful disposition towards children[2] but because *522 our independent review of the record reveals that the evidence was nevertheless relevant to the defense of insanity advanced by respondent and was therefore properly admitted by the court at trial.

In the present case, and unlike the case in Kennedy, respondent presented evidence, both lay and expert, to show that, as the result of moderate to severe mental retardation and paranoid schizophrenia, he had been legally insane at the time of the offense, i.e., incapable of distinguishing right from wrong when he sexually abused his daughter, an act which he also denied took place and which the law entitled him to deny even while pleading insanity. State v. Branch, 99-1484, p. 2 (La.3/17/00), 759 So.2d 31, 32 ("A defendant asserting that he or she was insane at the time of the offense may ... urge at trial all other defenses available under the law."). In particular, psychologist Dr. Marc Zimmerman testified that based on his interview with respondent following his arrest for the rape of L.C., the results of several standardized tests he administered to respondent, and his review of medical records from Central City Mental Health Clinic, Orleans Parish Prison, Charity Hospital, and East Feliciana Forensic Facility, respondent has an I.Q. of less than 50 and is therefore mentally retarded. In the doctor's opinion, based on records which "are just full of references to his lowered mental abilities and his psychotic state," respondent also suffers from paranoid schizophrenia and a schizo affective disorder. As the result of the mental disorders, exacerbated by mental retardation, respondent, in Dr. Zimmerman's opinion, functions at the level of a four- to six-year-old child who lacks the capacity to understand that rape is wrong and who cannot, when unmedicated and in a psychotic state, maintain contact with reality and with a sense of right and wrong.

Dr. Zimmerman's testimony received considerable support from the records of East Feliciana Forensic Hospital, where respondent had spent several months under a court commitment in connection with the 1991 prosecution for the rape of K.B.[3] The personnel at the forensic facility diagnosed respondent as a paranoid schizophrenic, with a learning disability reflecting an I.Q. of "somewhere below 50." The facility's test results accorded with Zimmerman's and placed respondent at the level of moderate mental retardation. See American Psychiatric Association, Diagnostic and Statistical Manual, p. 42 (4th ed. 2002)(I.Q. for moderate mental retardation ranges between 35-40 to 50-55). In addition, the records from Orleans Parish Prison confirmed that respondent had been diagnosed as psychotic and treated with anti-psychotic medication. "Regardless of what he did at that particular time (in 1991)," Dr. Zimmerman testified, "he still has this long history of psychosis, he has this long history of being diagnosed as retarded. That's not going to change."[4]

*523 However, the record shows that Dr. Zimmerman had considerable difficulty in answering a question posed not by the state but by the trial court, sitting as the trier of fact in the case, based on the circumstances of the charged crime. According to L.C., the defendant had called her over to his home, and, once she was inside, locked a large iron outer door, a regular wooden door behind it, then locked the barred windows, and then grabbed her, beginning a struggle that went through the kitchen, where he picked up a knife and pressed it to her neck, and into the bedroom, where he then raped her vaginally and attempted to rape her anally. When asked by the court for an opinion on whether respondent's securing of his residence, literally barring all means of entry or exit, before he assaulted his daughter indicated an awareness that what he was doing was wrong, Dr. Zimmerman initially replied that he did not think "locking the door would indicate that [he] knew the difference between right and wrong...." Pressed by the court to explain why respondent did not simply act on his sexual urges "right there on the spot, as opposed to knowing to seek out a place or hide, or close the door, or ... lock the door," the psychologist distinguished between respondent's understanding that certain conduct would lead to punishment and a moral awareness of right and wrong:

The Court: But even retarded people can understand right from wrong?
Dr. Zimmerman: It depends on the level of retardation.
The Court: We are at the level of retardation of Mr. Morgan. Could he understand right from wrong?
Dr. Zimmerman: I think he does not understand the concept of right from wrong.

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Bluebook (online)
863 So. 2d 520, 2004 WL 96816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morgan-la-2004.