Turner, Albert James

422 S.W.3d 676, 2013 WL 5808250, 2013 Tex. Crim. App. LEXIS 1592
CourtCourt of Criminal Appeals of Texas
DecidedOctober 30, 2013
DocketAP-76,580
StatusPublished
Cited by217 cases

This text of 422 S.W.3d 676 (Turner, Albert James) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turner, Albert James, 422 S.W.3d 676, 2013 WL 5808250, 2013 Tex. Crim. App. LEXIS 1592 (Tex. 2013).

Opinions

OPINION

PRICE, J.,

delivered the opinion of the Court

in which WOMACK, JOHNSON, COCHRAN, and ALCALA, JJ„ joined.

The appellant was convicted of the intentional murder of more than one person during the same criminal transaction, namely, his wife and his mother-in-law, which is a capital offense.1 The jury an[679]*679swered the statutory special issues in such a way that the trial court was required to assess the death penalty.2 Direct appeal is automatic in this Court.3

The appellant does not challenge the sufficiency of the evidence to support either his conviction or death sentence. In fourteen of his twenty-four points of error, he claims that he was incompetent to stand trial, or that the trial court should at least have paused the proceedings at various stages of trial to conduct a formal competency hearing, as his trial counsel repeatedly requested.4 In order to address these various points of error adequately, we must undertake a detailed recitation of certain events transpiring before and during trial.

COMPETENCY TO STAND TRIAL

The evidence at trial showed that, just after midnight on December 27, 2009, the appellant entered the home of his in-laws and killed his wife, Keitha Turner, and his mother-in-law, Betty Jo Frank, cutting their throats while his three young children were present in the house.5 Although we find no indictment in the clerk’s record, the docket sheet indicates that on March 3, 2010, Ralph Gonzalez was appointed to represent the appellant, that a grand jury indicted the appellant for capital murder on April 5, 2010, and that, on May 17, 2010, Gonzalez filed a motion to have the appellant evaluated for his competency to stand trial. The trial court immediately granted that motion, and the appellant was promptly evaluated by two forensic mental-health experts: psychologist Dr. Karen Gollaher and psychiatrist Dr. David Axelrad.

I. The Facts

A. The Initial Competency Reports

Dr. Gollaher conducted the first evaluation on May 18th and 19th, 2010. In her report, Gollaher notes that the appellant “reported the belief that his wife had been having an affair for many years with the Mayor of Kendleton, Texas[,]” but that “she had repeatedly denied any extramarital relationship, calling him paranoid.” Gollaher also noted that the appellant’s recent jail records “appear to refer to possible delusional thinking[.]” While the appellant denied any such delusional thinking during the evaluation, Gollaher nevertheless noted “several statements” that he made to her “that raise[d] the possibility of paranoid thinking.” Moreover, “he reported the jail psychiatrist prescribed him Ris-perdal but he has not taken his medications because he does not believe he needs it.”6 Gollaher did not diagnose the appellant as suffering from any particular thought disorder. She did not believe his possible paranoid thoughts would “undermine his ability to participate in the court procedures.” She also concluded that the appellant was “capable of communicating events in an understandable manner and can report his state of mind.” It was her ultimate professional opinion that the ap[680]*680pellant was, as of that time, competent to stand trial.

Dr. Axelrad evaluated the appellant a month later, on June 14, 2010, also ultimately concluding that he was competent to stand trial. In his report,7 however, Axelrad acknowledged that the appellant “is an individual who may have a mental illness and the diagnosis may be a paranoid disorder.” Although he did not note any impairment in the appellant’s thought process or content, he nevertheless found the appellant to be “mildly impaired” in his abilities: 1) to disclose to counsel pertinent facts, events, and states of mind; 2) to engage in a reasoned choice of legal strategies and options; and 3) to engage with counsel. From the recent jail records, Axelrad noted that the attending psychiatrist had found the appellant to be “exhibiting some paranoid ideation, and he does appear to be delusional.” The appellant also exhibited “some paranoid ideas” and “mild paranoid functioning” during Axel-rad’s evaluation. The appellant reported to Axelrad that he had “lost confidence in his attorney, and [he did] appear to have significant problems in his relationship with his current attorney, Mr. Gonzalez.” The appellant would not discuss the circumstances of the offense with Axelrad; consequently, Axelrad was “unable to address, at this time, as to whether [the appellant] had a paranoid disorder. In the event he has a paranoid disorder, this may be contributing to the problems he is experiencing with his attorney.” With this caveat, Axelrad concluded that the appellant was nonetheless competent to stand trial— and even that he was competent “to enter into plea negotiations concerning his alleged offense in the event that he and his attorney can develop an effective working relationship.”

B. Pretrial Proceedings

The first pretrial hearing on record was an ex parte conference that took place in chambers on June 23, 2010. By this time the trial court had appointed a second attorney, Pat McCann. Gonzalez reported to the trial court that, while he had not yet seen the experts’ competency reports, he had been told that Gollaher deemed the appellant competent to stand trial and that Axelrad had found him to be “perfectly fit.” Even so, Gonzalez informed the trial court that “[w]e’re having difficulty with [the appellant] accepting a lot of things that happened. And one of the biggest things is his family, his children. There is a little bit of disconnect right now.” Nevertheless, the appellant’s counsel did not request any further proceedings at this time with respect to his competency to stand trial.

More than four months later, on November 9, 2010, counsel for the appellant filed a notice of intent to take the depositions of two of the appellant’s children. On November 22, 2010, in open court, at the beginning of a hearing on pretrial motions, the appellant personally informed the trial court that he had filed a grievance against his lawyers and wanted a new “defense team” appointed. He complained that he did not wish to have his children deposed and that his lawyers had not explained to him the purpose behind the various pretrial motions on file. Defense counsel denied that they had failed to explain the motions and asserted that they needed to depose the children to obtain discovery and for other undisclosed purposes in the service of their client’s best interests. The [681]*681trial court denied the appellant’s request for new lawyers.

Another ex parte conference occurred in chambers on December 10, 2010,8 the same day that the deposition of the appellant’s children was originally scheduled. The appellant’s counsel revealed that the relationship between the appellant and Gonzalez had deteriorated to the point that the appellant had physically threatened Gonzalez. Gonzalez related:

In my thirty years, I’ve been threatened on several occasions but never as adamantly and never [as] menacingly as this guy. I believe that no matter what I tell him, if I could tell him that he would be getting out of jail tomorrow and nothing would happen to him, he would not believe me.

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Cite This Page — Counsel Stack

Bluebook (online)
422 S.W.3d 676, 2013 WL 5808250, 2013 Tex. Crim. App. LEXIS 1592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-albert-james-texcrimapp-2013.