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Smith v. State12/22/2000
act of such sanity...." "(Emphasis added.)
"This section places the initial burden on the trial court to determine whether there are `reasonable grounds' to doubt the accused's sanity. `The trial court is, thus, the "screening agent" for mental examination requests.' Reese v. State, 549 So. 2d 148, 150 (Ala.Cr.App. 1989). `"It is left to the discretion of the trial court as to whether there is a reasonable or bona fide doubt as to sanity, and thus, whether a further examination is required."' 549 So. 2d at 150. The trial court makes a preliminary determination `without the aid of a jury as to whether reasonable grounds exist[ ] to doubt the defendant's competency.' Rule 11.3, A.R.Crim.P., Committee Comments." Daniels v. State, 621 So. 2d 335, 337 (Ala. Crim. App. 1992).
Before trial, the appellant moved for the appointment of a psychiatrist to conduct a psychiatric evaluation to determine his competency to stand trial. The trial court granted the motion and ordered the Alabama Department of Mental Health and Mental Retardation to appoint a qualified mental health professional to conduct the evaluation and to make a report to the court. At the same time, on motion of the appellant, the trial court authorized funds for the appellant to employ his own expert to perform a psychological evaluation and to assist him at trial. Dr. D'Enrico performed the competency evaluation and filed his report with the court as instructed. Dr. Crook performed the evaluation as the appellant's expert. In a pretrial hearing on motions, the matter of the appellant's competency came up. At the hearing, the appellant requested that the trial court review Crook's report, in chambers, in camera, and keep it under seal. The prosecutor objected, contending that he was entitled to see the report. When the trial court indicated that the prosecution had a right to see the report, the appellant withdrew his motion for a psychological evaluation by his own expert. The prosecutor asked the trial court to accept D'Enrico's report, which was in the court file, in lieu of his testifying. The trial court then asked the appellant if he had anything to present pertinent to his competency or to rebut D'Enrico's report, and he responded that he did not. The trial court, noting the withdrawal of the appellant's motion, then found the appellant competent to stand trial. The appellant did not object to the trial court's ruling; thus, we review this issue under the plain-error standard. Rule 45A, Ala.R.App.P.
After reviewing the record, we find that it fully supports the trial court's ruling that the appellant was competent to stand trial. The evidence does not support a conclusion that there was a reasonable and bona fide doubt of competency such as to require further investigation pursuant to § 15-16-21. On the contrary, the evidence shows that the appellant was fully competent to cooperate with and to assist his lawyers in his defense, and to understand the charges and proceedings against him. Neither D'Enrico nor Crook found that the appellant was incompetent to stand trial. D'Enrico testified that the appellant knew right from wrong and could assist his lawyers in his defense. The appellant's pretrial statement and his testimony at the guilt and sentencing phases of his trial show without question that he had control of his faculties, that he was aware of the consequences of the proceedings, and that he was capable of cooperating with his counsel in presenting his defense. We also note that, in withdrawing his plea of "not guilty by reason of mental disease or defect" before the case was submitted to the jury, his counsel stated, "Nobody is saying he's insane. We're just saying he's retarded." (R. 1229.) Even the question whether
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