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State v. Steelman9/13/1978
v. Messier, 114 Ariz. 522, 562 P.2d 402 (1977); State v. De Vote, 87 Ariz. 179, 349 P.2d 189 (1960); State v. Reid, 87 Ariz. 123, 348 P.2d 731 (1960). Reasonable grounds exist if there is sufficient evidence to believe that the defendant is not able to understand the nature of the proceedings against him and to assist in his defense. State v. Bradley, 102 Ariz. 482, 433 P.2d 273 (1967); State v. Messier, supra.
We believe that the trial court properly exercised its discretion in finding that a Rule 11 examination was unnecessary. The question of Steelman's competency to stand trial had been ruled upon prior to trial, and although this previous determination was not binding upon the trial court, at the time the motion was again made it certainly could be considered by the court in ruling upon the motion during trial. This previous determination, based upon extensive examination and testimony, plus the court's own observations as well as the conclusion of a local medical doctor, were sufficient to support the trial court's ruling. We find no error. Compare State v. McClendon, 101 Ariz. 285, 419 P.2d 69 (1966), appeal after remand 103 Ariz. 105, 437 P.2d 421 (1968).
But defendant challenges this finding on the ground that Dr. Patricia White, a psychiatrist who had examined and treated defendant while he was in California, examined him during the trial and found him to be insane. Insanity is not the same thing as competency. Competency focuses on an extremely narrow issue: whether whatever is afflicting the defendant has so affected his present capacity that he is unable to appreciate the nature of the proceedings or to assist his counsel in conducting his defense. United States v. McEachern, 465 F.2d 833 (5th Cir. 1972), cert. den. 409 U.S. 1043, 93 S.Ct. 539, 34 L.Ed.2d 494 (1972). Dr. White's medical diagnosis, while it may have been relevant to defendant's sanity defense, did not determine defendant's competency to stand trial.
WHETHER THE STATE'S PSYCHIATRISTS SHOULD HAVE BEEN PERMITTED TO TESTIFY
At the trial, Steelman relied on the defense of insanity and called Dr. James Peale who had examined him in connection with some of the charges in California. Dr. Peale testified that Steelman was M'Naghten insane at the time of the Sandberg murders. To rebut this testimony, the State called four psychiatrists. Among them were Drs. Kenneth Rogerson and Robert
Austin who had examined the defendant on the day of his arrest.
Steelman contends that the admission of the testimony of the doctors was error for two reasons. First, Steelman contends that Dr. Rogerson and Dr. Austin should have been precluded from testifying because of the physician-patient privilege. Second, Steelman contends it was error to allow them to testify as to Steelman's sanity at the time of the crime based on their interviews of Steelman on the day of his arrest on the grounds that the interviews were in violation of Steelman's rights under the Fifth and Sixth Amendments.
a. Whether testimony based on interviews on the day defendant was arrested should be excluded
At the time of his arrest, Steelman claimed to be going through heroin withdrawal. He was sniffling, a symptom of withdrawal and claimed to have had his last "fix" on the evening of 6 November, two days prior to his arrest. On at least one occasion, he asked the interrogating officers to send a me
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