Authors: Burl Barer
Head Shot (15 page)
PART TWO
Ten
Sick from solitary confinement in the Pierce County Jail, Paul St. Pierre began New Years, 1985, by almost going crazy. The lack of interaction with the jail's general population was driving him mad.
David Murdach, realizing his client's disturbed state of mind, seriously doubted St. Pierre's competency to stand trial. Paul St. Pierre's attorney wasn't the only one cognizant of his client's bizarre behavior. His family observed extreme suspiciousness and paranoia beginning the day Paul St. Pierre was taken into custody. “When he calls to talk to us on the phone,” explained his brother Charles St. Pierre, “he thinks people are listening to his conversations. When we go to visit him in jail, he believes that people are watching him. He's always looking over his shoulder, and wondering who this is, or who that is.”
“He's very distrustful of people,” added Mary St. Pierre, “and he's really paranoid and thinks everybody is out to get him.” His mother, Carmella, noticed the same disturbing behavior. “We try to discuss things, and he says, âMom, we don't talk about that because somebody might be listening.' Paul has been a little different,” said Mrs. St. Pierre, “he's been sick.”
On January 4, David Murdach submitted a motion for complete psychiatric and psychological evaluations of his client by psychiatrist Dr. Charles P. Tappin and psychologist Kenneth Muscatel. Tappin had previously interviewed St. Pierre as a prudent matter of course in August 1984. Judge Stone granted the motion without delay. In the same court session, defense and prosecution wrestled over a seemingly mundane topic: the unpaid storage fee of over $600 for Paul St. Pierre's car, which had been confiscated by authorities and towed away. St. Pierre was now expected to pay the overdue fee.
“If the car is still there,” said Murdach to the court, “Pierce County is holding it and there's a storage fee owed by my client, who can't pay it because he is in custody. Nor can he go out and claim it because he is in custody. There is no reason my client should be stuck with the storage fees when it was Pierce County that stored it.” Murdach wanted the county to pay the bill, but that was the least important issue. Due to Paul St. Pierre's unavoidable failure to reclaim his vehicle from storage, the carâseized for possible evidentiary reasonsâwas designated “abandoned” and put up for sale. John Ladenburg joined in, asking that the record make it clear that, on behalf of his client, he objected “to the disappearance of any evidence in this case. They have not had our consent to release any evidence in this case.”
“I don't know if the evidence has been destroyed,” said Murdach. “I got a notice that the vehicle is going to be sold. It may have already been sold. This notice did not come from the prosecutor's office; it came from the towing yard. They arrested my client; he is charged with numerous claims and then incarcerated, shackled. And then to file a lawsuit to get this thing paid is not proper at all. He is in custody. He can't march down to the towing yard and get the car, or pay the bill. He can't even use the phone without calling collect. Either the county pay the storage fee and give us the car, or keep the evidence until after the trial is over so we know what we are dealing with.”
By 2:00
P.M.
, Carl Hultman determined that the car had been sold. What he could not determine, however, was the new owner's name, address, or phone number. “The vehicle has gone, it is needed, and Mr. Ladenburg has a motion to compel its production,” said Murdach to the judge.
P.M.
, Carl Hultman determined that the car had been sold. What he could not determine, however, was the new owner's name, address, or phone number. “The vehicle has gone, it is needed, and Mr. Ladenburg has a motion to compel its production,” said Murdach to the judge.
The car's importance was in dispute. Was this car used to transport Damon Wells to Salmon Beach? If so, bloodstains would validate claims that Wells was beaten and bleeding during the drive. If Andrew Webb's original statement that Wells went to Salmon Beach voluntarily was true, the car's interior would be free of bloodstains. With this in mind, the kidnapping charges against the St. Pierres hinged upon a thorough examination of the automobile's interior.
The vehicle was originally impounded on June 19, 1984, and searched on the following day. “At the time, we thought there were bloodstains below the trunk lid,” said Sergeant Parkhurst, “but that turned out to be negative. We searched the trunk, which was oil soiled and very dirty. We completely emptied it, and then vacuumed. There were no signs of blood in the 1967 Mercury, the Ford station wagon, or the 1971 Dodge Challenger.”
Carl Hultman rightly insisted that the car was examined, that there was no evidence of any kind found, and the defense had copies of the examination report. “I think there was a lack of diligence on Mr. Murdach's part,” said Hultman, “when he knew the car was going to be unavailable, and he didn't even ask me to do anything about it.” Hultman also insisted that he “was not aware that the car would be sold.”
“We are entitled,” said Murdach, “to have our own experts examine the car... .”
“Hoping to find blood,” interjected Hultman sarcastically.
“It's not your turn, Mr. Hultman,” said Judge Stone sternly. Hultman apologized.
On January 25, John Ladenburg argued his motion for complete dismissal of all charges against the St. Pierres due to destruction of evidence by the prosecution. The arguments in support of dismissal were heated, elaborate, and extensive. Despite disturbing charges of evidence destruction, and numerous legal references, the result was Judge Stone intoning, “Motion denied.”
More disturbing than the defense's allegations were the results of Paul St. Pierre's medical and mental evaluations. Dr. Charles P. Tappin, diplomat of the American Board of Psychiatry, submitted his findings to David Murdach on February 8, 1985. Clinical psychologist Kenneth Muscatel examined St. Pierre three times in the month of January, administering the MMPI, Rorschach, Michigan Alcoholism Screening Test, Rotter Incomplete Sentences Test, and a structured psychiatric interview. He filed his evaluation the same day as Dr. Tappin. Both reports characterized Paul St. Pierre as a “deeply disturbed paranoid individual.”
“He is quite pathetic in terms of his social skills,” noted Muscatel, “and he relates to others with deep suspicion.” He was further described as “extremely paranoid most of the time, and he has threatened to kill other inmates. His understanding of his role in the legal proceedings is superficially intact, but his judgment is quite poor. The quality of his decisions, particularly with respect to helping his attorney in the development of his own defense, is suspect.”
St. Pierre's unpredictable and possibly violent courtroom behaviorâboth previously and potentiallyâsupported Muscatel's opinion that St. Pierre could become more overtly psychotic during the trial. As for competency to stand trial, Muscatel found it “shaky” at best.
Dr. Tappin saw St. Pierre three times in January, and again on February 4. “Mr. St. Pierre did not exhibit any symptoms of a profound thinking disturbance,” reported Tappin. “He is insightful, and perceives his present difficulty as being directly related to an overly suspicious aspect of his personality. He admits to very poor control over his aggressive impulses. He has difficulty controlling his murderous feelings toward other inmates, and wanted to kill the inmates he believed were talking about him.”
The evaluations noted that despite the preponderance of evidence against him, Paul St. Pierre maintained an unrealistic view of his situation, expressed feelings of grandiosity, and insisted that he could be the best adviser in his own case. “He depicts his behavior in the courtroom, with his first lawyer,” said Tappin, “as an indication of his âpower.' ”
Dr. Tappin believed Paul St. Pierre understood the charges against him, but was incapable of cooperating effectively with his defense attorney. “Because of his highly suspicious attitude, the likelihood of dangerous and explosive behavior in the courtroom, the grandiose concept of himself, and a suicidal tendency,” Tappin concluded, “Mr. Paul St. Pierre is not competent to stand trial. He should be committed to Western Washington State Hospital for treatment of his paranoid personality disorder.” Tappin added that Paul St. Pierre was “fully aware of the rightness and wrongness of his actions, and therefore should not be considered as legally insane with respect to the crime.”
On February 11, 1985, Judge Stone delayed the trial, setting a new date of March 27. He also ordered another complete psychiatric evaluation of Paul St. Pierre by Dr. Joseph Lloyd, MD, staff psychiatrist of the Mentally Ill Offender Program at Western State Hospital.
Lloyd described Paul St. Pierre as “a powerfully built, somewhat disheveled young white man” who denied physical distress, but was obviously anxious during the entire interview situation. “He was cooperative within the limits of his ability to cooperate,” said Dr. Lloyd, who also reported that St. Pierre was “globally paranoid,” not sure that he could trust anyone except himself, and doubted his ability to cooperate with his attorney. “He was maintaining his self-control only by the narrowest of margins,” observed Dr. Lloyd. “Perhaps small amounts of medication might help him think more clearly and organize his thoughts in a better fashion.”
Dr. Lloyd's diagnostic impression was identical to those of Muscatel and Tappin: “Paranoid Personality [and] Adjustment Disorder with disturbances of emotions and conduct as a result of incarceration in the isolation cell at the jail. Psychosis is highly possible at any time,” said Lloyd, “I concur with Dr. Tappin and Dr. Muscatel that he is barely competent at the present time. Continued segregation is likely to worsen his mental state.”
On March 7, 1985, the first competency hearing of Paul St. Pierre began at 9:45
A.M.
Prosecutor Hultman delineated the hearing's fundamental purpose. “Today is the date set for the court to determine and review the competence of Paul St. Pierre. His competency was put into question as a result of examinations and reports received from doctors Kenneth M. Muscatel and Charles Tappin, retained by the defense for that purpose, as well as ours, Dr. Joseph Lloyd. The court also directed that the defendant be examined at the Pierce County Jail by a member of the staff for Western State Hospital.”
A.M.
Prosecutor Hultman delineated the hearing's fundamental purpose. “Today is the date set for the court to determine and review the competence of Paul St. Pierre. His competency was put into question as a result of examinations and reports received from doctors Kenneth M. Muscatel and Charles Tappin, retained by the defense for that purpose, as well as ours, Dr. Joseph Lloyd. The court also directed that the defendant be examined at the Pierce County Jail by a member of the staff for Western State Hospital.”
“The obvious issue,” interjected David Murdach, “is whether or not Mr. Paul St. Pierre is competent to go to trial. My client, by virtue of these reports, is incompetent to stand trial.”
Under Washington State law, the defense attorney's opinion as to his client's competency is accorded great weight. He, as well as the experts, plays a part in the court's decision regarding the defendant's competency to stand trial and assist in his own defense.
The first witness called on behalf of Paul St. Pierre was Dr. Joseph Lloyd. Lloyd, at the request of the prosecutor's office, had interviewed St. Pierre on February 22, 1985.
“He was right on the edge between being able to perceive reality and being psychotic,” Lloyd testified. “My impression was that Mr. St. Pierre was in and out of competency.” Dr. Lloyd further testified that Paul St. Pierre could get worse if not taken out of solitary confinement, but did not agree that St. Pierre should be sent to Western State Hospital. “I don't know what the purpose of him going to Western State would be. Mr. St. Pierre is not in so bad a shape that it would require in-patient care.”
During cross-examination by Carl Hultman, Dr. Lloyd reiterated his opinion regarding the negative effect of solitary confinement, and offered that appropriate medications, and a return to general population, could render Paul St. Pierre competent to stand trial.
Dr. Tappin was the next expert called to the witness stand. “What was significant,” Tappin testified, “was a profound disturbance in his ability to trust individuals, or trust the circumstances in which he was living. I felt he was very paranoid. Basically, I came out with the impression that he was suspicious and seemed to bear thoughts of grandiosity to be able to control everything around him, by being a powerful individual. To that extent, I felt his judgment was quite impaired.”
Dr. Tappin also stated that St. Pierre's feelings of anger, hostility, and fear would negatively affect his ability to aid in his own defense. “I felt, therefore, that he was not competent. I would state that he did not present a classical picture of an incompetent individual. There is a marginal competency.”
Dr. Tappin asserted his firm conviction that two weeks at Western State Hospital could make all the difference, and in his professional opinion, Paul St. Pierre was currently not competent to stand trial.
Dr. Muscatel, the final witness in the hearing, also testified to Paul St. Pierre's “paranoid personality,” terming him “deeply disturbed.” Muscatel agreed with Dr. Tappin's suggestion that St. Pierre be admitted to Western State Hospital for further evaluation.
Following a ten-minute recess, David Murdach addressed the court, and described his client as delusional, dangerous, unpredictable, and completely incompetent either to stand trial or assist in his own defense. Murdach based these statements upon his own personal experiences with his troubled client, who spoke of spiders crawling all over him during the night. St. Pierre also told Murdach that he was experiencing the same feelings as when he attempted attacking Carl Hultman in the courtroom. Judge Stone, unfamiliar with the incident, looked at Murdach with increased interest.
“The court was not involved in that proceeding,” Murdach explained, “but Mr. St. Pierre physically went after Mr. Hultman in the prior proceeding some time ago. He's feeling that kind of emotion coming back on him,” Murdach told Judge Stone. “He has begun breathing heavy, and is afraid he will flip out. He says he cannot take the witness stand because of the possibility of his future actions. My client also related to me experiences in the Marine Corps. He saw a demon or a witch through the window.... The other soldiers told him that the witch was a sign that he was being shown the road to hell.”
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