United States v. Kristiansen

901 F.2d 1463 (1990)

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Nature of the Case

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Facts

Kristiansen (D) was in a halfway house prior to his release from confinement. One day, he called the halfway house and told them that he was ill and could not return that night. Subsequently, he was told to return, and the authorities would help him get treatment. He failed to do so and was arrested in front of his wife's house and charged with escape from custody. D claimed he was not guilty because he lacked, by reason of mental disease or defect, the willful intent to escape. The defense expert, Dr. Knowles, diagnosed D as a cocaine addict and testified that Kristiansen had indicated that he was under the influence of cocaine at the time he failed to return. D wanted to ask Dr. Knowles: 'Dr. Knowles, do you have an opinion whether at the time of the commission of the alleged offense, in this case, the defendant's judgment was so severely impaired as to render him incapable of appreciating the nature, quality, and wrongfulness of his act?' The court did not allow this question. The defense was allowed to ask, however, 'Doctor, could the severe mental disease or defect that you have testified with regard to, could that affect the ability of an individual to appreciate the nature or the quality or the wrongfulness of his acts?' One of D's witnesses was questioned as to whether D was 'legally accountable' for his actions. The witness answered that he was. Two expert witnesses for P testified that D had a history of drug abuse, but both concluded that he was not delusional. The jury found D guilty of escape.