United States v. Mansfield

24 M.J. 611, 1987 CMR LEXIS 294
CourtU S Air Force Court of Military Review
DecidedApril 24, 1987
DocketACM 24758 (f rev)
StatusPublished
Cited by20 cases

This text of 24 M.J. 611 (United States v. Mansfield) is published on Counsel Stack Legal Research, covering U S Air Force Court of Military Review primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Mansfield, 24 M.J. 611, 1987 CMR LEXIS 294 (usafctmilrev 1987).

Opinion

DECISION

HODGSON, Chief Judge:

The appellant was convicted of the premeditated murder of his paramour’s former husband. He was sentenced to life imprisonment together with ancillary punishments.

The paramount issue before us goes to the heart of our adversarial process — the right to the effective assistance of counsel in presenting a defense. In this regard the appellant claims that his trial attorneys failed to investigate, prepare and present properly either an insanity or diminished capacity defense. We agree.

In the initial appellate pleadings this issue centered on the question of whether trial defense counsel committed the appellant to an insanity defense without weighing the consequences of such a defense, i.e., disclosure of damaging inculpatory statements by the appellant to his expert witness, and thereafter abandoning the defense midway through the trial because of the trial judge’s order compelling production of these statements. See United States v. Parker, 15 M.J. 146 (C.M.A.1983). The defense, by its questioning of members during voir dire, cross-examination of prosecution witnesses, and pretrial declarations to the prosecution, made it clear that the appellant’s mental condition was the core issue in the trial.

This claim of ineffective assistance of counsel is based on the representation made by the appellant’s trial lawyers to the military judge that Doctor Michael B. Co-burn would not be called as a witness because of the judge’s order directing production of a statement made by the appellant at the direction of his counsel which was given to Doctor Coburn. Doctor Coburn was a defense psychiatrist who had travelled from the United States to Korea and was waiting outside the courtroom while this discussion took place. At trial, counsel asserted that the judge’s ruling “[Ajffected the entire strategy of the defense” and their post-trial affidavits contended that “[T]he defense was precluded from presenting to the trier-of-fact expert opinion regarding the issue of the accused’s mental responsibility, an affirmative defense.”

On 3 January 1986, appellate government counsel responded to this issue with a reply brief and supporting affidavits from the defense counsel involved. Subsequently, the appellant moved to file a supplemental brief contending that the post-trial statements of trial defense counsel expanded the issue of ineffective assistance of counsel by raising additional questions of: (1) Whether defense counsel acted improperly and contrary to their obligation to the appellant and the court by instructing him to withhold material information from Doctor Cobum, a defense psychiatrist, and (2) Whether this conduct so prejudiced the ap[613]*613pellant that he was denied effective assistance of counsel and therefore a fair trial.

On 11 February, government and appellate defense counsel jointly and severally asked for a limited evidentiary hearing because the trial transcript, pleadings and supporting affidavits suggested there were substantial and unresolved questions involving the appellant’s lack of mental responsibility and claim of ineffective assistance of counsel. We ordered such a hearing and it was held on 6-8 May 1986. United States v. DuBay, 17 U.S.C.M.A. 147, 37 C.M.R. 411 (1967). The trial judge who conducted the hearing prepared and submitted extensive findings of fact which have made our task measurably easier.

I

The trial and evidentiary hearing transcripts disclose that the appellant was apprehended at Edwards Air Force Base, California on 5 April 1984, for the murder of Yang Chae-Song, near Osan Air Base, Korea, on 4 February 1984. It was at Edwards, during a pretrial confinement hearing, that the appellant entered into an attorney-client relationship with Captain P, the Area Defense Counsel. Captain P became one of four military lawyers who assisted in the appellant’s defense. The other three were the Chief Circuit Defense Counsel for the 7th Circuit, Lieutenant Colonel N, Circuit Defense Counsel, Major P, and the Area Defense Counsel at Osan Air Base, Major, then Captain, H. It was during the confinement hearing that Captain P became aware of the appellant’s “bizarre behavior” and “obsession” with Un-Cha Haney who was the Korean wife of an Air Force member, the former wife of the deceased, and the appellant’s lover. Captain P did not, however, pass this information, or his assessment of it to his co-counsel.

After the appellant was returned to Korea on 20 April, he was sent to Yokota Air Base, Japan for a sanity board hearing. He refused to participate in the proceeding on advice of counsel as his attorneys did not yet know enough about the case. Later, in June, Lieutenant Colonel N and Major H requested a sanity board citing the appellant’s “preoccupations and obsessions,” his behavior described by numerous individuals as “crazy and bizarre,” and his referral to the Mental Health Clinic at Edwards by his unit commander in early January 1984. On 21, 22 and 25 June, he met a one member sanity board consisting of Lieutenant Colonel (Doctor) Robert L. Vosburg. Doctor Vosburg was of the opinion that the appellant had a mental disorder described as a post traumatic neurosis, chronic. See American Psychiatric Institute, Diagnostic and Statistical Manual for Mental Disorders (DSM), 3d Ed.1980, page 326. In Doctor Vosburg’s view the appellant had a diminished capacity to appreciate the criminality of the alleged offense and lacked the capacity to conform his conduct to the law as a result of the mental disorder. The appellant’s attorneys were both “somewhat surprised” and “elated” with the outcome of the sanity board, and it was at this time the defense team first considered insanity to be a viable defense. However, Major H was concerned that Doctor Vosburg lacked experience and might not be a “strong witness.” Despite this doubt, he did not discuss the insanity defense with Doctor Vosburg because Major P was responsible for preparing this aspect of the trial.

The “team concept” employed by the appellant’s attorneys is troublesome because no lawyer served as “lead counsel”. Therefore no one was totally familiar with the overall posture of the case and no one could be the final arbiter on tactics and strategy. It is also apparent that after it was decided to focus the defense efforts on the sanity issue, Lieutenant Colonel N became less active in the ongoing trial preparations, although both Majors P and H regularly consulted him by phone.

At this point the appellant’s counsel felt they needed additional expert testimony to bolster Doctor Vosburg’s opinion. Knowing that the appellant would be returned to Edwards for a portion of the pretrial investigation, they arranged for Captain P to [614]*614locate civilian psychiatrists in the local area. Captain P set up appointments with Doctors Michael B. Cobum, John Beck, and William T. Vicary. Although Captain P and the appellant still had an attorney-client relationship, he never discussed the results of these evaluations with the examining psychiatrists or with the other defense counsel. It is evident that Captain P’s involvement with the case substantially diminished after Majors P and H were appointed and that he did not regard himself as an active member of the defense team. There is also a suggestion that the appellant was dissatisfied with Majors P and H, and wanted Captain P to represent him. Captain P did not encourage the appellant in this regard, and explained the advantages of having lawyers who were near the trial location.

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24 M.J. 611, 1987 CMR LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mansfield-usafctmilrev-1987.