Marshall A. Contee v. United StatesMarshall A. Contee v. United States
Lead Opinion
Appellant murdered his wife with an ax in their bedroom during the night and turned himself in to the police. His principal defense at trial was insanity,
In support of his pre-trial motion for a bifurcated trial, defense counsel told the court he had a case for self-defense and a case against the premeditation charged in the indictment for first degree murder. He was afraid the jury would confuse these defenses .and the testimony relevant thereto with his insanity defense, which included some evidence inconsistent with the other defenses. Specifically, he cited appellant’s statement— made during a sodium pentothal interview which was to be introduced as the basis for psychiatric diagnoses — that he had planned to kill his wife for several months. However, the court trusted itself to prevent confusion and offered to strike from the sodium pentothal interview the prejudicial admission concerning appellant’s premeditation. Defense counsel declined the offer, saying that, if accepted, it would render the psychiatric reports incomplete. He concluded that, in a unitary trial, he would not argue self-defense to the jury for fear of their possible adverse reaction to such a contention when set against the sodium pentothal statement he had declined to have stricken. Appellant now contends that the evidence introduced in connection with his insanity defense included much additional matter, not called to the trial court’s attention, which was highly prejudicial to his defenses on the merits.
Bifurcation lies in the first instance within the “sound discretion” of the trial court. Holmes v. United States, supra at 154,
As noted in Holmes, supra, a unitary trial involving both the merits and the issue of criminal responsibility is replete with potential sources of prejudice. Accordingly, especially since the cost of bifurcation to substantial state interests is often minimal or even negative, the trial court should be alert to the need for separate trials whenever the accused proposes to present an insanity defense, regardless of whether defense counsel makes an initial request or an initially sufficient showing of need. In this area as in others, the realities of the contemporary criminal process, in which commonly indigent defendants are often represented by counsel unfamiliar with the intricacies of criminal law and procedure, require the trial court’s active concern to insure the fairness of the trial.
At the same time, however, even when it takes the initiative the court must de
Appellant does not contend that defense counsel’s failure to make the more substantial showing of prejudice he allegedly could have made amounted to ineffective assistance of counsel, nor does the record compel such a conclusion. However, especially where the stake is life imprisonment for an indigent defendant, a court cannot acquiesce in manifest injustice merely because of the inexperience or excusable neglect of trial counsel. Thus, though not an abuse of discretion when made, the denial of a motion for bifurcation may nonetheless in some circumstances require reversal for a new trial.
In the instant case, the record shows that in “abandoning” his self-defense defense, appellant was not sacrificing anything of value. The sole evidence from which self-defense might have been inferred was appellant’s own testimony that he awoke to find his wife on top of him with blood spurting from cuts on his arms. After pushing his wife off, the next thing he saw was a “devil” standing over his wife, whereupon appellant passed out. He did not see an ax at that time or recall axing his wife. It is doubtful that this evidence would have required an instruction on self-defense had one been requested. In any event, we think it is too insubstantial to warrant reversal for lack of bifurcation in the circumstances of this case.
Appellant did, however, have a substantial defense to the charge of murder in the first degree — namely, lack of premeditation. The Government’s evidence of premeditation, though sufficient, was relatively weak, and appellant’s testimony, if believed, negated any consciously formulated design to kill his wife. This testimony, while not presenting an affirmative defense, does amount to a “ ‘defense’ beyond putting the Government to its proof” within the meaning of Harried v. United States, supra at 154,
Appellant cites as prejudicial some statements he made in his sodium pentothal interview which might have been taken to imply premeditation. He also complains that the evidence relating to his insanity defense informed the jury that he had been guilty of a carnal assault on his 13-year-old stepdaughter, that he had often severely beaten his children, brutally attacked other women, and broken the household furniture, and that (according to a rebuttal psychiatrist) he might be a malingerer. Appellant says that after all this no jury could be expected to weigh dispassionately the evidence properly to be considered in adjudicating the merits. On the other hand, the Government correctly notes that much of this testimony in fact gave substance and plausibility to appellant’s claim that he killed impulsively and without premeditation. And the Government earnestly contends, as it did at trial, that the dominant thrust of the extensive testimony admitted only for its bearing on
Affirmed.
Concurrence Opinion
(concurring in the result):
I concur in the affirmation of this appellant’s conviction, but I do not concur in that portion of Judge BAZELON’S opinion which discusses principles relating to the merits or demerits of the bifurcated trial.
PRETTYMAN, Senior Circuit Judge, concurs in the result.