United States v. Walker

14 M.J. 824, 1982 CMR LEXIS 809
U.S. Army Court of Military Review·Decided November 4, 1982·No. CM 440290·Published·Cited by 3 cases

Opinion

OPINION OF THE COURT

FOREMAN, Judge:

The appellant was convicted of the unpremeditated murders of his wife and stepson in violation of Article 118, Uniform Code of Military Justice, 10 U.S.C. § 918 (1976). He was sentenced to a dishonorable discharge, confinement at hard labor for life, total forfeitures, and reduction to Private E-l. The convening authority approved the sentence.

At the trial the appellant claimed that his wife and not he had killed his stepson. He defended against the charge of murdering [825] his wife on the ground of insanity. The issues in this case are whether the military judge’s instructions on mental responsibility were correct, and whether the evidence was sufficient to establish that the appellant was sane at the time he killed his wife. We hold that the instructions were correct and the evidence was sufficient.

I

Factual Background

The appellant and his wife, Specialist Five Sharon Walker, were assigned to the 3d Armored Division Materiel Management Center (DMMC). Specialist Five Sharon Walker had an illegitimate son, Daimon Poindexter, prior to her marriage to the appellant.

On the evening of Sunday, 16 March 1980, Specialist Five Sharon Walker performed duties as the unit charge of quarters. The appellant visited the unit and, unable to find his wife, became suspicious that she was engaged in extramaritial sex with another soldier, a Specialist Davis. The appellant finally found his wife, accused her of infidelity, and struck her during the ensuing argument.

On Monday, 17 March 1980, the appellant was excused from duty to take care of his domestic problems. On Monday afternoon the appellant confronted Specialist Davis, who denied having the appellant’s wife in his room the previous night. The appellant brought Davis to his quarters to make the same denials in front of his wife, and Davis did so.

On Monday evening the appellant told his wife he was leaving her. He called his mother, who lives in Washington, D.C., and told her he would be sending her a considerable sum of money. He also called Miss Myrtle Williams, a longtime friend in Washington, D.C., and told her he would be visiting her in the near future. He visited Specialist Five Daniel Williams, a neighbor, and offered to sell him his stereo equipment. Later that evening, he brought his stereo equipment and a television set to the Williams’ quarters.

At this point the appellant’s version of the events and the government’s evidence diverge. The appellant testified that he was awakened before 0800 hours on Tuesday, 18 March 1980, by a telephone call from Sergeant First Class (SFC) Ritter, his supervisor. The appellant told Ritter he would be at work by 0800 hours. The appellant testified that shortly thereafter he saw his wife sitting on Daimon’s bed and crying. The appellant discovered that Daimon was dead. The appellant testified that he remembered nothing after discovering Daimon’s body until he found himself lying alongside his dead wife several hours later. The appellant further testified that he ingested Drano and Tylenol Tuesday morning in an apparent suicide attempt.

Contrary to the appellant’s testimony that both victims died on Tuesday morning, the prosecution’s evidence established that they died on Tuesday night or early Wednesday morning. Frank Ordiway, a fifteen-year-old dependent, testified that he saw Sharon Walker in the stairwell of their apartment building at about 1630 hours and in the laundry room at 1900 or 2000 hours on Tuesday, 18 March 1980.

Sergeant First Class Ritter, the appellant’s supervisor, testified that on Wednesday morning, when neither the appellant nor Sharon Walker reported for duty, a Sergeant First Class Richard called their home and spoke with the appellant at about 1145 hours. Specialist Five Williams (the person who had purchased the stereo equipment on Monday evening), testified that he saw the appellant at approximately the same time on the balcony of his apartment and spoke to him. The appellant told Williams that his Wife had left him. After talking with the appellant on the telephone, SFC Richard went to the appellant’s quarters but was denied admittance by the appellant. He went back to work and again called the appellant on the telephone, and the appellant told him that he had ingested Drano and Tylenol. Richard, accompanied by a SFC Campbell, went back to the appellant’s quarters, where they found the appellant sitting outside his locked quarters, [826] retching and spitting. The appellant still refused to allow them to enter the quarters. The two noncommissioned officers then took the appellant to a nearby hospital. Enroute to the hospital the appellant indicated that his wife had left him.

Sharon Walker’s commander, Captain Bierie, authorized entry into the quarters, where the bodies of Sharon and Daimon were found at about 1400 hours. Both bodies were lying face down in their respective beds, which were freshly made with clean sheets. Two pathologists placed the time of death of both Sharon and Daimon at between 2000 hours on Tuesday evening and 0200 hours on Wednesday morning. Both victims had died of asphyxiation caused by strangulation and smothering. One pathologist opined that it was unlikely that Sharon had killed Daimon because of the identical manner in which both she and Daimon were killed and because Daimon’s neck had bruises but no scratches, and the untrimmed fingernails on Sharon’s left hand probably would have left scratch marks on Daimon’s neck.

II

Psychiatric Evidence

Major Zold, a clinical psychologist, examined the appellant and found that he was depressed and had a dependent character or hysterical personality. Major Zold described the appellant as one who sees the world through “rose-colored glasses.” He found that the appellant had a close relationship with his mother, that the mother figure seemed to be more important to him than a wife or girlfriend, and that the appellant placed high symbolic importance on having a son, natural or adopted, to present to his mother. The appellant had been born out of wedlock, and his father had abandoned him and his mother while the appellant was an infant. Because presenting a son to his mother was symbolically so important to the appellant, the loss of that son would be devastating to him.

Because the appellant tends to see the world as he wants it to be rather than as it is, he probably saw his wife as “a very pure angelic-type individual” despite the fact that she already had a child out of wedlock by another man. The appellant would tend to deny evidence contrary to his idealized perceptions of his wife, but once he accepted evidence of reality he would then be overly suspicious of her.

Doctor Chalemian, former division psychiatrist for the 3d Armored Division, examined the appellant extensively and diagnosed him as suffering from an “avoidant personality disorder” also known as an “avoidant character disorder,” with periodic depression, anger and anxiety. Doctor Chalemian explained that he made his diagnosis using the standards set out in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (3d edition 1980). Doctor Chalemian explained that there are four categories of mental diseases or defects in psychiatric terminology:

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United States v. Walker, 14 M.J. 824, 1982 CMR LEXIS 809 (usarmymilrev 1982).

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