United States v. Proctor

34 M.J. 549, 1992 CMR LEXIS 56, 1992 WL 7758
CourtU S Air Force Court of Military Review
DecidedJanuary 7, 1992
DocketACM 27931 (f rev)
StatusPublished
Cited by8 cases

This text of 34 M.J. 549 (United States v. Proctor) 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. Proctor, 34 M.J. 549, 1992 CMR LEXIS 56, 1992 WL 7758 (usafctmilrev 1992).

Opinion

OPINION OF THE COURT UPON FURTHER REVIEW

HODGSON, Senior Judge:

Staff Sergeant Proctor was convicted by a military judge sitting alone of multiple allegations of indecent acts and assault on children under 16 years of age. The approved sentence consists of a dishonorable discharge, 30 years confinement, total forfeitures, and reduction to E-l.

The paramount issue before us is the appellant’s mental capacity to stand trial. There are 11 other assigned errors. We find no prejudicial error as to either findings or sentence and affirm, but some discussion of each error is appropriate.

MENTAL CAPACITY TO STAND TRIAL

Appellate defense counsel argue that the trial judge erred when he ruled the appellant had the mental capacity to stand trial. An accused is presumed to be competent, and when the defense raises the issue, it carries the burden of proving by a preponderance of the evidence that the accused is not competent to stand trial. R.C.M. 909(b) and (c)(2).

At trial the defense sought to meet its burden of proof by the testimony of the appellant and Dr. Luigi Piciucco, a clinical psychologist, who diagnosed the appellant as a psychotic suffering from a delusional disorder, grandiose type. Dr. Piciucco stated that the appellant could understand the nature of the proceedings, i.e., who the participants were, what charges were involved, and why he was there, but he could not “rationally cooperate in his own defense.” The appellant did not suffer from hallucinations, which are auditory or visual events, but from a delusion. A delusion, according to Dr. Piciucco, is a false thought that cannot be corrected by reason and is idiosyncratic. An essential feature of the appellant’s disorder is the presence of a persistent, non-bizarre delusion. Dr. Piciucco stated that the appellant’s belief that God would extricate him from his present predicament was an example of the appellant’s delusional thought processes that were contrary to “external reality.” Appellate defense counsel acknowledge that their client’s religious beliefs and statements appear to be the same as a fundamentalist theology, but they urge that the irrational basis of his views demonstrates that his theology is unique and bizarre. In summary, they maintain the appellant lives in a world of his own created by a delusional disorder.

Testifying on the limited issue of his mental capacity to stand trial, the appellant stated he became a minister in the Greater Mountain Eagle Missionary Baptist Church [552]*552when he was 17. His denomination has a fundamentalist approach to faith and believes in the literal meaning of the Bible. He indicated that God speaks to him “in [his] head” from time to time and that he has developed a close relationship with God over the years. After he was placed in pretrial confinement he said he experienced a significant growth in his personal faith brought about by a series of “miracles.” According to the appellant, these miracles began when he was placed on a suicide watch after he said he decided to “fast and pray and find out if God was talking to me or I was losing my mind.” Because he was a “Suicide Risk,” the appellant said they “took all my clothes except for my underwear ... and left me in a cell with a blanket.” Suffering from the cold, he prayed for his clothes to be given him before having to see a psychiatrist, and they were; God told him to wash his hair every morning, and he had hot water when no one else did; and God confirmed his presence by allowing him to see stars at night on special occasions, despite the bright lights of the compound.

These miracles convinced him of the importance of faith, including God’s order that he plead not guilty to show people the power of faith when he would be freed from sentencing. This act of God’s deliverance would enable him to establish a corporation, Faith Unlimited, to spread the message of the importance of ultimate faith.

Appellate defense counsel assert that the appellant’s testimony together with his belief that mundane events, i.e., warm clothing, hot water, etc., were “miracles” demonstrate that his ideas are “illogical and irrational,” and are a manifestation of his delusional disorder. Appellate counsel also point out that the appellant withdrew from a favorable pretrial agreement and discharged the attorney who was to handle the sentencing portion of the trial based on his belief that God would make that portion of the trial unnecessary. In short, appellate counsel claim that the decisions the appellant made during the trial clearly establish that he is totally divorced from the real world and incapable of cooperating in his defense.

In rebuttal the government offered the opinion of two board-certified psychiatrists, Dr. (Maj.) Donald Geeze, Chief of Mental Health Services, Kadena Air Base, and Dr. (Maj.) Prathbia Ram, Chief of Inpatient Psychiatric Service, David Grant Medical Center, Travis Air Force Base. Dr. Geeze first met the appellant in October 1987, pursuant to a command-directed psychiatric evaluation. After several interviews, Dr. Geeze diagnosed the appellant as having a narcissistic personality disorder. Dr. Geeze continued to treat the appellant individually and in a group setting. The last group therapy session was on 17 February 1988.

Dr. Geeze was a member of the mental examination board held on 12 December 1988. It concluded that the appellant suffered from pedophilia, an adjustment disorder with depressed mood, and a narcissistic personality disorder. The board also found that the appellant had no mental disease or defect, and possessed the mental capacity to stand trial.

Dr. Ram first met the appellant in February 1989, while the appellant was a patient at David Grant. According to Dr. Ram, the appellant explained during group therapy sessions how his relationship with God was not unique, and “God can talk to any one of us. The problem is, most of us don’t take time out to sit and listen, and anyone can have a special relationship with God.” Dr. Ram had at least 10 one-on-one sessions with the appellant during the month he was at David Grant. While Dr. Ram was not a member of the second mental examination board,1 she presented the ap[553]*553pellant’s medical history to the board. On 10 March 1989, the mental examination board unanimously diagnosed the appellant as suffering from pedophilia and a personality disorder not otherwise specified. They concluded that the appellant could intelligently assist in the preparation and presentation of his case. Dr. Ram’s own diagnosis differed only slightly from the board’s: pedophilia, and personality disorder, not otherwise specified, with predominant narcissistic and anti-social characteristics.

Whether an accused has the mental capacity to stand trial is an interlocutory factual question for the trial judge. R.C.M. 909(c)(1). Here, after sifting the various opinions of expert witnesses, the trial judge found that the appellant had “coherency of ideas and control of his mental faculties, as well as the requisite power of memory to allow him to testify in his own behalf, if he desires.” The judge also observed that the appellant has at least average intelligence and is able to express himself readily, clearly, and effectively. He heard the opinion of Dr. Piciucco, a clinical psychologist, that the appellant had a delusional disorder that rendered the appellant unable to cooperate intelligently with counsel. .He heard the appellant testify. The trial judge also had before him the testimony of two board-certified psychiatrists, Drs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Souders
Air Force Court of Criminal Appeals, 2023
United States v. Toohey
60 M.J. 703 (Navy-Marine Corps Court of Criminal Appeals, 2004)
United States v. Butcher
53 M.J. 711 (Air Force Court of Criminal Appeals, 2000)
United States v. Eddy
41 M.J. 786 (Air Force Court of Criminal Appeals, 1995)
United States v. Martinsmith
41 M.J. 343 (Court of Appeals for the Armed Forces, 1995)
United States v. Proctor
37 M.J. 330 (United States Court of Military Appeals, 1993)
United States v. Andrews
36 M.J. 922 (U S Air Force Court of Military Review, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
34 M.J. 549, 1992 CMR LEXIS 56, 1992 WL 7758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-proctor-usafctmilrev-1992.