People v. Fields

35 Cal. 3d 329 (1983)

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Nature of the Case

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Facts

D was paroled from prison after serving a sentence for manslaughter. In three weeks, he became a one-man crime wave. Rosemary worked as a student librarian. Gail Fields, D's sister, saw Rosemary and D at the Fields residence. The next morning Gail entered D's bedroom and D handed Gail a check signed by Rosemary for $ 185. D examined Rosemary's checkbook and said that she probably had more money. D called Rosemary a 'bitch' and told her to write another check for $222 and some cents. He then told Rosemary he would 'bump her off' because 'she run a game on him,' by writing a check for less than the balance of her account. Gail took the $222 check, cashed it at a bank, and gave the money to D, who returned $22 to her. Debbie M., a 16-year-old girl who was the former girlfriend of D's brother, went to the Fields residence. D asked Debbie if she wanted to see how he punished his girlfriends. Debbie said 'no,' but D pushed her to the bedroom door where she saw Rosemary naked and bound to the bed. A short while later Debbie saw D enter the bedroom with a gun, tell Rosemary that he would kill her if she did not give him money, and say that he was going to take her on a long trip 'and she wasn't never going to come back.' Later, Debbie saw D, Gail, and Rosemary leave the house. D told Gail to drive them toward the Santa Monica freeway. As the car entered the on-ramp, Gail heard a shot. Rosemary cried out, 'Oh, God.' D told Gail to keep on driving. Gail heard more shots. D then said that Rosemary was not dead and he had to make sure she was dead. Gail then heard the noise of a blow. Rosemary died of five gunshot wounds and a blunt injury to the head. D dumped the body in an alley near the Field's house. Gail and D then drove to a car wash and cleaned the blood from the car. Debbie saw D and Gail return without Rosemary. When she heard police sirens, Debbie went to the alley and saw the body. She walked back to the house and asked D if the body was the girl who had been at the house. He laughed and said, 'She was going on a long trip and was never coming back.' D then proceeded to commit a series of crimes that included kidnapping and rape but no one else was killed. At trial, Dr. Markman, a psychiatrist, testified that D had an 'antisocial personality,' a mental disorder previously referred to as psychopathology or sociopathology. Dr. Markman stated that in his opinion defendant, although capable of appreciating the criminality of his behavior, was unable to conform to legal requirements, and thus was insane under the test of insanity in effect at the time of the trial. On cross-examination, Dr. Markman stated that D would not be insane if a mental disease or defect would not include an abnormality manifested only by repeated or otherwise antisocial conduct. P called two psychiatric witnesses, and both agreed with Dr. Markman's diagnosis of 'antisocial personality,' but stated that in their opinion defendant was nevertheless capable of conforming to legal requirements. The court instructed the jury that insanity did not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. D was convicted and a death sentence was imposed. D appealed.