United States v. Proctor

37 M.J. 330, 1993 CMA LEXIS 68, 1993 WL 310747
CourtUnited States Court of Military Appeals
DecidedAugust 18, 1993
DocketNo. 67,860; CMR No. 27931
StatusPublished
Cited by16 cases

This text of 37 M.J. 330 (United States v. Proctor) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Proctor, 37 M.J. 330, 1993 CMA LEXIS 68, 1993 WL 310747 (cma 1993).

Opinion

Opinion of the Court

GIERKE, Judge:

A military judge sitting as a general court-martial convicted appellant, contrary to his pleas, of multiple sexual offenses and assaults on children under 16 years of age, in violation of Articles 134 and 128, Uniform Code of Military Justice, 10 USC §§ 934 and 928, respectively. The approved sentence provides for a dishonorable discharge, confinement for 30 years, total forfeitures, and reduction to E-l. The Court of Military Review affirmed the findings and sentence. 34 MJ 549 (1992). This Court granted review of the following issue:

WHETHER THE MILITARY JUDGE ERRED WHEN HE FOUND APPELLANT HAD SUFFICIENT MENTAL CAPACITY TO CONDUCT OR COOPERATE INTELLIGENTLY IN THE DEFENSE OF HIS CASE.

Appellant raised the question of his mental capacity at trial and before the Court of Military Review. The military judge found that appellant had sufficient mental capacity to stand trial, and the Court of Military Review affirmed the findings and sentence. We hold that the military judge did not err.

I. Factual Background

Between June 1981 and April 1986, appellant was seen in several Air Force mental health clinics for unspecified reasons. [331]*331Because his command was concerned about his mental suitability for a security clearance, appellant was sent to the mental health clinic at Kadena Air Base on October 22, 1987. At that time Major Geeze, a psychiatrist, diagnosed appellant as narcissistic with suggestions of delusional thinking. Major Geeze treated appellant until August 1988, at which time Major Geeze determined that there were no psychiatric “contraindications” to returning appellant’s security clearance. On November 16,1988, appellant was admitted to the Kadena mental health clinic after “contemplating suicide” because of the investigation of the offenses involved in this case. On November 21, 1988, appellant was placed in pretrial confinement.

At the request of appellant’s first detailed defense counsel, Captain Coning, a sanity board was convened, consisting of Major Geeze, a psychologist, and another psychiatrist. On December 13, 1988, the board diagnosed appellant as a pedophile with a narcissistic personality disorder but found him mentally responsible and competent to stand trial.

On January 5, 1989, appellant relieved Captain Coning. Lieutenant Colonel Brown was detailed in Coning’s place, and he requested another sanity board. On March 10, 1989, the second sanity board diagnosed appellant as a pedophile suffering from an unspecified personality disorder but found him mentally responsible and competent to stand trial.

Prior to trial appellant rejected a pretrial agreement limiting confinement to 15 years, telling his counsel that God would deliver him from sentencing.

At trial, the military judge had extensive dialogue with appellant on the question of his mental capacity as well as other interlocutory matters. Early in the trial, there had been considerable discussion about whether Captain Tressler, assistant defense counsel, could testify on appellant’s behalf without breaching the attorney-client privilege. Appellant requested that Captain Tressler be excused, and requested permission to explain his reasons.

After reading a passage from the Bible, appellant stated:

When I left here yesterday afternoon I had no idea at all what was going on. I was 98 percent in the lost. And I think the only person in the courtroom that knew less about what was going on in this court-martial was the bailiff. There was a lot of things said, but it was quite confusing. I went back to the Joint Forces Brig last night and I prayed on it, and this morning about 3:00 A.M. I awakened and started meditating, as I do every morning, and God explained it all to me.
There are several agendas here, Your Honor.
The prosecutor has an agenda. The Prosecutor’s agenda is to convince the Court that I don’t believe that God talks to me and that I am competent to stand trial. On the competency part, I agree with the Prosecutor. I am competent. I have passed two Air Force Sanity Boards to prove that I am competent.
My attorney has an agenda. Because I disagree with him on several issues, he believes that I’m incompetent. But he also believes that I believe that I talk to God and that God talks with me.
Your Honor, You have an agenda. And your agenda remains the same throughout the entire proceeding, and that is for justice.
And then the most important agenda, the Lord’s agenda. His agenda, and I am representing him on this, is that people understand that God does work in the lives of men and women today as much as he ever has in the past. That is the reason that we are here, regardless of what anyone else thinks is the reason.
Captain Tressler has been assigned as my Attorney so that she could handle the sentencing part. I know that God has told me that there is not going to be any sentence, that he is going to deliver me. Therefore, Captain Tressler is no longer necessary.
[332]*332One of the things that kept flying back and forth yesterday was whether or not there was a waiver. I know that there is a waiver; my attorney knows that there is a waiver; I am quite sure that the Prosecutor knows that there is a waiver; and everyone in the court knows that this waiver exists; that I have signed this waiver.
But the real reason I signed the waiver is because anything that I have already told Captain Tressler, I am willing to tell this Court. So, therefore, there is no need to hide the fact that there is this waiver. If my Attorney later feels that it is necessary for Captain Tressler to testify, when he feels that it is necessary for her to testify then she is still free to testify because the waiver exists. Therefore, all the time that we spent yesterday discussing whether or not Captain Tressler should testify first or last or somewhere in between, we did not have to have that time. She can be dismissed, and testify and be out of the courtroom and not be influenced by the other witnesses. Therefore, I am dismissing her on those grounds.

Appellant next told the military judge what he thought about the defense request to close the hearing on mental capacity:

The Prosecutor has an agenda pertaining to this. His agenda is that the public has a right to know. And I agree with that. The public has a right to know. For a different reason, though. The Court would have to uphold his wishes that the public has a right to know because of the First Amendment. Now, with this right to know, though, and this is the reason prosecutors like to have information released, regardless of how many restraining orders you give the panel members, they read information. They hear information on the television, and they discuss it. That is not going to be stopped. But that’s not my reason for agreeing with the Prosecutor. That’s my Attorney’s reason for not wanting to have an open hearing. My reason is the Lord’s agenda. God has told me specifically that he is going to deliver me from this. He has given me a ministry that is going to be a national ministry. Nothing could be better than to have people understand beforehand that this is going to take place.

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Cite This Page — Counsel Stack

Bluebook (online)
37 M.J. 330, 1993 CMA LEXIS 68, 1993 WL 310747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-proctor-cma-1993.