United States v. Peralta

930 F. Supp. 1523, 1996 U.S. Dist. LEXIS 8279, 1996 WL 330520
CourtDistrict Court, S.D. Florida
DecidedJune 12, 1996
DocketNo. 95-691-Cr
StatusPublished
Cited by1 cases

This text of 930 F. Supp. 1523 (United States v. Peralta) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Peralta, 930 F. Supp. 1523, 1996 U.S. Dist. LEXIS 8279, 1996 WL 330520 (S.D. Fla. 1996).

Opinion

AMENDED OMNIBUS ORDER

MARCUS, District Judge.

THIS CAUSE comes before the Court upon the following motions: (1) Defendant’s Motion for Appointment of a Jury Selection Consultant, filed April 22, 1996; (2) Defendant’s Motion to Permit Voir Dire Questioning by Defendant’s Counsel, filed April 22, 1996; (3) Defendant’s Motion for Submission of a Juror Questionnaire, filed April 22,1996; (4) Defendant’s Motion for Leave to Use A/V Evidence at Trial, filed April 22, 1996; (5) Government’s Motion to Redact Indictment, filed May 17, 1996; and (6) Government’s Motion in Limine to Exclude Evidence of Diminished Capacity, filed May 17,1996.

After a thorough review of the record and pleadings, and having considered the argument of counsel, the Government’s Motion to Redact Indictment and Motion in Limine to Exclude Evidence of Diminished Capacity are GRANTED. The Defendant’s Motion for Appointment of a Jury Selection Consultant and Motion for Submission of a Juror Questionnaire are DENIED. The Defendant’s Motion to Permit Voir Dire Questioning by Counsel and Motion for Leave to Use A/V Evidence at Trial are GRANTED.

I.

The Defendant, Peter Peralta, is alleged to have committed three armed bank robberies in Mami, Florida during July and August, 1995. The Grand Jury returned a six-count indictment against Peralta on September 8, 1995. Counts I, III and V of the indictment allege that he robbed a bank in violation of 18 U.S.C. § 2113(a) as well as 18 U.S.C. § 2113(d). Counts II, IV and VI allege that he used or carried a firearm during and in relation to each of the three bank robberies, in violation of 18 U.S.C. § 924(c). On October 23, 1995, the Court granted defense counsel’s motion to schedule Peralta for a psychological examination. On or about October 25th, Dr. Leonard Haber issued his report, documenting, among other things, the Defendant’s “obsession” with John Dillinger, the lingering effects of his marijuana use and his disturbed mental condition. Dr. Haber nevertheless concluded that Peralta was competent to stand trial. After subsequent evaluation and review, he reaffirmed this finding in a separate report dated December 11, 1995.

Peralta has not moved for a competency hearing, and has not signaled his intent to introduce expert testimony in support of an insanity defense. In late April, however, the Defendant — through a series of motions and communications with counsel for the United States — gave notice that he hopes to introduce lay testimony to establish that he was hampered by a diminished mental capacity at [1525]*1525the time of the alleged offenses.1 Specifically, Peralta contends that he “suffers from an inability to formulate the specific intent required by the statutes pursuant to which he is charged.” Def.Mot. for Appt. of Jury SeLConsult., at 1. In response to the Defendant’s position, the Government filed its motions to redact the word “willfully” from the bank robbery counts (I, III and V of the indictment) and to exclude diminished capacity evidence as to all counts. In the broadest sense, these motions present two issues: First, are the offenses alleged in the indictment “specific intent” crimes as to which a diminished capacity defense might be relevant; and second, assuming arguendo that the alleged offenses do require proof of specific intent, is Peralta’s diminished capacity evidence admissible under the facts and circumstances of this case? The Defendant filed an omnibus response to the Government’s motions on May 30, 1996. The Government replied on June 4, 1996, and the Court took argument on the motions at a status conference on June 5,1996.

II.

At the outset, we need to define the phrase “diminished capacity evidence” as it is used in the pending motions. Both parties invoke this phrase (as well as its counterpart, the “diminished capacity defense”) without detailed explication. In United States v. Cameron, 907 F.2d 1051 (11th Cir.1990), the Eleventh Circuit explained that diminished capacity evidence, when not proffered to support an affirmative defense such as insanity, refers to psychological evidence that is introduced to cast doubt on the Government’s claim that the defendant had the mens rea to commit the crime:

Regardless of the semantic “war of labels,” both Congress and the courts have recognized the crucial distinctions between evidence of psychological impairment that supports an “affirmative defense,” and psychological evidence that negates an element of the offense charged. “Affirmative defense” evidence of mental impairment, when specifically recognized and defined by the legislature, must be raised by the defendant and can “justify” or “excuse” conduct that is otherwise criminal. Psychological evidence that aids the trier in determining the defendant’s specific state of mind with regard to the actions she took at the time the charged offense was committed, by contrast, is not an affirmative defense but is evidence that goes specifically to whether the prosecution has carried its burden of proving each essential element of the crime....

Id. at 1062-63. Cameron unequivocally holds that “[psychological evidence is relevant to mens rea only when the defendant is charged with a specific intent crime.” Id. at 1063 n. 20 (emphasis added); accord, United States v. Castaneda-Reyes, 703 F.2d 522, 525 (11th Cir.), cert. denied, 464 U.S. 856, 104 S.Ct. 174, 78 L.Ed.2d 157 (1983). The Court of Appeals applied this principle to confirm that, in passing the Insanity Defense Reform Act of 1984, 20 U.S.C. § 17 (“IDRA”), Congress did not intend to exclude “psychiatric evidence [offered] to negate specific intent.” Id. at 1066-67; see also United States v. Westcott, 83 F.3d 1354 (11th Cir.1996) (following Cameron ).2

The first question becomes, therefore, when is a crime a “specific intent” crime? Specific intent is a slippery concept that eludes a precise, universal definition. If nothing else, however, the label “specific intent” connotes some kind or degree of criminal mens rea over and above the requirement that the defendant knowingly and voluntarily perform the proscribed act. As a rule of thumb, a law that calls for proof of knowledge and voluntariness, without more, is classified as a “general intent” statute, while a law that calls for proof of a more culpable

[1526]*1526mental state is classified as a “specific.intent” statute. In its motions, the Government takes “specific intent” to be the equivalent of “willfulness,” which this Circuit’s pattern jury instructions define as a “bad purpose either to disobey or disregard the law.” Eleventh Cir.Dist. Judges Ass’n, Pattern Jury Inst: Criminal Cases, Basie Inst. No. 9.1 (1985); see also United States v. Phillips, 19 F.3d 1565

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Bluebook (online)
930 F. Supp. 1523, 1996 U.S. Dist. LEXIS 8279, 1996 WL 330520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-peralta-flsd-1996.