54 F. Supp. 270 | M.D. Penn. | 1944
The defendant was indicted in the Southern District of New York on two counts, charged with possessing and passing a check on which he forged the name of the maker. He pleaded guilty to both counts and, on July 12, 1939, was sentenced to six months’ imprisonment on Count One and to two years’ probation on Count Two. March 8, 1943, he was arraigned for violation of probation. The probation was revoked, and he was sentenced to two years on Count Two. He is now serving that sentence in the United States Penitentiary at Lewis-burg, Pennsylvania.
In this habeas corpus proceeding, the petitioner seeks release from further violation on the grounds set forth in his petition. Giving the petitioner the most favorable construction of his petition, it is alleged that at the time of the commission of the offense with which he was charged he was legally unbalanced and could not distinguish right from wrong; that he was convicted on a plea of guilty without counsel while insane; that there was an abuse of due process in that the court and prosecuting authorities knew that he was insane; that he had no attorney; that none was provided for him; that he did not intelligently waive his right to counsel, and that he did not know that he was entitled to that right.
Every one charged with a crime is presumed to be sane. Whether the petitioner was insane at the time of the commission of the crime or at the time of trial was a matter of defense provided the court had jurisdiction to determine the issue. It is conceded that the court did have jurisdiction. As against collateral attack the judgment is valid unless the contrary appears in the record, and such does not appear in the record in the proceedings. Hall v. Johnston, 9 Cir., 86 F.2d 820; Whitney v. Zerbst, 10 Cir., 62 F.2d 970.
The contention of the petitioner as to his insanity might be disposed of without further comment, as it is clearly without merit. However, the respondent saw fit to introduce much evidence as to the sanity of the petitioner and as to all the surrounding circumstances. This evidence is, in my opinion, deserving of some discussion, as it shows beyond question that the rights of the defendant, the petitioner here, were carefully guarded throughout the proceedings.
At the hearing on the rule to show cause why a writ of habeas corpus should not be issued, the petitioner’s testimony consisted of his oral statements and two letters which indicate that he is a veteran receiving compensation on the basis of a temporary ten percent, disability, and that since 1922 his payments have been made to a conservator appointed for that purpose.
The petitioner contended “the Government has produced no testimony to show this man’s mental condition at the time of the violation of this parole.” As to this point, it appears that, on February 23, 1943, shortly prior to his arraignment for violation of probation, a psychiatric examination was made under the supervision of the United States Probation Officer, and the opinion rendered at that time was “This man, at the present time, is not insane nor is he a mental defective”. These steps show that there was full cognizance of the situation and adequate steps taken to protect any rights of the petitioner.
I can reach but one conclusion and that is, that the petitioner at no time here under consideration was insane; that, at all times here under consideration, he knew the difference between right and wrong, and is what is commonly termed a confirmed criminal, who has repeatedly attempted to take advantage of the claim of insanity for the sole purpose of escaping punishment for his crimes.
Buchalter v. New York, 319 U.S. 427, 63 S.Ct. 1129, 87 L.Ed. 1492; Zahn v. Hudspeth, 10 Cir., 102 F.2d 759; McLaughlin v. Sanford, Warden, D.C., 52 F.Supp. 954. However, notwithstanding the burden being upon the petitioner, the respondent introduced evidence which shows that three days before the arraignment of the petitioner, the petitioner had an interview with the Assistant United States Attorney. At this interview he was asked whether he had an attorney; whether he had any funds to employ an attorney, and the petitioner having answered that he did not, he was specifically told that he could have an attorney assigned for him if he so desired. He was told in that interview as to the nature of the charge against him; that the reason for its being a charge in Federal Court was because the alleged crime had occurred on a Government reservation. It appears that at this interview he was given every consideration ; that he was asked whether there was anything else he wanted to know. During this interview he inquired as to what the effect would be of the restitution. He stated “My buddy took up a collection and made restitution on that check”, to which the Assistant United States Attorney replied “That would not have any effect as to whether or not I was going to prosecute the case. At the time of sentence you could tell the Judge that you have no lawyer.” The petitioner produced nothing to negative this direct proof.
That petitioner knew that he had a right to counsel, and that one would be provided for him, there can be no question. Instead of being denied the benefit of counsel, petitioner intelligently and understandingly waived the right. His constitutional rights were not invaded. They were protected in every way throughout all of the proceedings.
Now, March 2, 1944, the petition for a writ of habeas corpus is denied.