Frendak v. United States

408 A.2d 364 (1979)

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Nature of the Case

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Facts

Willard Titlow left his office. D, a co-worker, departed immediately afterward, explaining to a secretary that she had an appointment with her attorney. Within minutes, Titlow was discovered fatally shot in the first-floor hallway of the building. D left Washington, traveling through Atlanta, Miami, Mexico City, Spain, and Turkey before she was arrested in Abu Dhabi, United Arab Emirates, after refusing to surrender her passport at the airport. A search of her baggage revealed that she was carrying a .38 caliber pistol, 45 rounds of ammunition, two empty cartridges, and a pocket knife. D was surrendered to U.S. authorities and was indicted for first-degree murder and carrying a pistol without a license. D underwent a series of psychiatric examinations to determine her competency. After four competency hearings, the court determined that D was suffering from a personality disorder, was able to cooperate with her counsel, possessed a rational as well as factual understanding of the proceedings against her, and was fully cognizant of the charges. D was competent to stand trial, although the court reserved the right to raise the competency issue sua sponte at any point in the proceedings. Evidence was introduced that D had followed Titlow on three different occasions prior to the murder. D claimed that she was selling the gun to Titlow and an unknown woman had appeared, grabbed the gun, shot Titlow twice, and then fled. D then panicked and left the city, fearing that she had been framed. The jury found D guilty of first-degree murder and carrying a pistol without a license. The court then made a ruling sua sponte to raise the insanity defense. D objected. The jury returned a verdict of not guilty by reason of insanity. Because the judge had imposed the insanity defense over D's opposition, he concluded that he could not commit appellant to a mental hospital. The court, accordingly, directed that appellant be released unless the government initiated civil commitment proceedings. D appealed.