Rogers v. StateRogers v. State
- Reporters:
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- Before:
- Shepard
A jury found appellant Arthur James Rogers guilty of felony murder,
In this direct appeal, Rogers raises two issues concerning the defense of insanity:
1) Whether the evidence showing his insanity precluded a jury verdict against him, and
2) Whether references to Rogers’ criminal record were admissible during the State‘s questioning of the court-appointed psychologist and psychiatrist.
The evidence showed that Rogers arrived at Cheairs’ apartment in Gary about 12:80 p.m. on August 30, 1988. Rogers offered to pay Cheairs $20 to drive him to East Chicago, and Cheairs agreed. Cheairs’ girlfriend, Lisa Hill, joined them on the trip. They became lost in East Chicago, and Rogers left the Cheairs vehicle to obtain directions from a nearby motorist. When he returned, Rogers drew a .38 caliber gun and demanded that Cheairs and Hill exit the car. Hill did, but Cheairs refused and attempted to accelerate. Rogers shot Cheairs in the left eye, removed his body from the vehicle, and drove away. Police later found Cheairs’ automobile two blocks from Rogers’ home.
I. Proof of Insanity
Rogers claims the murder conviction cannot stand because he proved he was legally insane at the time of the murder. An accused is not responsible for his criminal actions “if, as a result of mental disease or defect, he lacked substantial capacity either to appreciate the wrongfuiness of the conduct or to conform his conduct to the requirements of law.”
The defendant has the burden to establish the defense of insanity by a preponderance of the evidence.
The trial court initially found Rogers incompetent to stand stand and committed him to the Department of Mental Health for further evaluation. The Department
The court-appointed psychiatrist testified that Rogers was a chronic paranoid schizophrenic who was legally insane at the time of the murder. Another psychiatrist, who had treated Rogers before the murder, testified for the defense that Rogers was a paranoid schizophrenic. He could not render an opinion as to whether Rogers was legally insane at the time of the murder.
Hill testified that Rogers was acting nervous and had a “weird” facial expression when he arrived at Cheairs’ apartment. From the time they left the apartment, however, she found Hill‘s speech and actions “calmer” and said he did not act “erazy.” Lay testimony about the accused‘s conduct at the time of the crime may be considered together with expert testimony when determining whether to hold a person responsible for his acts. Gentry, 471 N.E.2d 263. The jury may reject psychiatric testimony indicating the defendant was insane and rely upon lay testimony that the defendant was sane. Green v. State (1984), Ind., 469 N.E.2d 1169.
The evidence on the issue of insanity clearly was in conflict and did not lead inexorably to a single conclusion. The jury‘s rejection of Rogers’ insanity defense was not contrary to law.
IL Evidence of Criminal Record
During the testimony of two of the three doctors who had examined Rogers, the prosecutor asked whether they were aware that Rogers had been convicted in 1978 for armed robbery. The prosecutor indicated that, absent the shooting, the facts underlying the earlier conviction were substantially similar to those in the present case. Defense counsel objected. He contended evidence of prior criminal acts was neither relevant to, nor admissible during, psychiatric testimony. Rogers now claims that evidence was so prejudicial as to require reversal.
By raising the defense of insanity, Rogers opened the door to evidence of relevant past behavior, including criminal behavior. The State was entitled to elicit information about Rogers’ prior crimes to bear upon the credibility of the conclusions drawn by the doctors. Whitten v. State (1975), 263 Ind. 407, 333 N.E.2d 86.
The judgment of the trial court is affirmed.
DeBRULER, GIVAN, PIVARNIK and DICKSON, JJ., concur.