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People v. Whitt8/27/1984
d that the gun had gone off by accident.
The prosecution also presented the testimony of a prison psychiatrist, Dr. Flanagan. Dr. Flanagan was present when a detective interviewed Whitt on the evening following his arrest. He testified that Whitt was alert, observant, gave appropriate answers, and was able to take a "self-serving" position. He thought that Whitt showed no signs of mental illness, and he opined that the manner in which Whitt handled the interview indicated an ability to premeditate and to "choose a course of action."
Whitt presented a diminished capacity defense. He was 31 years old at the time of his trial and had a troubled medical and psychiatric history. He was hospitalized three times during his childhood for a congenital heart problem. In 1971, he was committed to a state mental hospital and remained on antipsychotic medication after his release.
For the three years preceding his arrest, Whitt lived with Sherry S. and her child. For most of that period, they lived in a house which they rented from Whitt's parents. Sherry testified that Whitt's personality began to change early in 1979. He became short-tempered and moody. He talked to himself a great deal. He would accuse Sherry of talking about him behind his back with the neighbors. He drank peppermint schnapps, which caused him to "go into an outrage," forget who he was, and call Sherry names. Other people had also seen him behave violently when he was drunk on peppermint schnapps.
In January 1980, Sherry told him that she would leave if he did not quit drinking and smoking marijuana. He stopped -- at least until July -- but during that six-month period he showed serious signs of mental disturbance. He was not working, and he frequently fought with his parents about the rent on the house. He would talk to the television, particularly during violent shows, saying things like "Shoot that so-and-so . . . . You don't got the heart to shoot him. Don't got the heart to blow him away."
Whitt talked to himself as well. Sometimes he would go out in the yard and yell that people were talking behind his back, and they "didn't have the guts to face him like a man." Sherry also heard him talk this way in the middle of the night.
Whitt began drinking again on July 2nd, the Wednesday before his arrest. His parents visited that day and noticed him talking to the television set. He became very angry, shouted at them, and accused them of interfering with his life and creating problems between himself and Sherry. He ordered them out of the house. His mother handed Sherry an eviction notice, and the parents left.
By Saturday, July 5th, Sherry let Whitt know that she was planning to leave him. According to Sherry, Whitt was hurt, angry and acted very strangely. He stormed out of the house and did not come back that day. By noon on Sunday, the day of the robbery and shooting, he was drunk on
peppermint schnapps. His speech was slurred and his walk impaired. He was still drunk when Sherry saw him on Sunday at 2 p.m.
Two other people saw Whitt on Sunday afternoon. Eugene Burke bought some livestock and some tools from him and thought that he was drunk. Lela Downs saw Whitt when he asked her to tell Sherry to send his clothing to him. Ms. Downs thought Whitt was upset and extremely drunk.
In March 1981, psychologist Stephen Lawrence interviewed Whitt in the San Bernardino County jail. A videotape of that interview was played to the jury. In it, Whitt described how he goes "cuckoo bird" and becomes violent after drinking peppermint schnapps. He said that for the year and a half before his arrest, he was not working and stayed hom
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