A Faulkner County judge should have intervened and ordered a new competency evaluation for a man convicted of stabbing his former girlfriend to death after he behaved erratically in court, his attorney told the Arkansas Supreme Court on Thursday.
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Janice Vaughn, a state public defender for Ronald Britton, 38, said the man’s constitutional right to a fair trial was violated when Circuit Judge Charles Clawson Jr. failed to order a new competency hearing. Britton was later convicted of capital murder in the stabbing death of Michelle Asher, 26, at her home at Fox Run Trailer Park in Greenbrier.
Vaughn said Britton made several incoherent statements throughout the trial, including when he took the stand over his attorney’s objections, and lunged at a witness, which “should have put the court on notice” about Britton’s competency. Britton was later placed in shackles and a stun belt because of his outbursts.
At one point during the trial, the judge asked how Britton was doing and he responded, “That’s up to this house here. … I’m not suing nobody. … I don’t bite. … Fair is fair.”
“Nothing he said made any sense. … It was totally off the wall,” Vaughn told the court.
The U.S. Supreme Court has previously held that in order to be competent to stand trial, a defendant must have “the capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in preparing his defense.”
Vaughn said it was clear that Britton’s mental condition deteriorated during the course of the trial and that his behavior warranted an evaluation to see if he met those standards.
Asher’s body was found face-down in her yard on the morning of Aug. 14, 2010. Her throat had been cut, and she had been stabbed three times in the back of the neck.
Police found Britton, who had previously threatened Asher, the same day in El Dorado. Asher’s vehicle was found at a gas station in Cabot, and security camera video showed Britton getting out of the car. A spot of blood on Britton’s hat also matched Asher’s.
At Britton’s trial, the defense presented testimony from Robert Forrest, a forensic psychiatrist, who diagnosed Britton with bipolar disorder and an “extensive history of mental episodes,” according to court filings submitted by Vaughn.
Forrest testified that Britton did not have the capacity to make his behavior conform with the law at the time of Asher’s death.
Prosecutors presented expert testimony from Ed Stafford, a psychologist who also diagnosed Britton with bipolar disorder but found that he could make his behavior conform with the law.
The jury found Britton guilty, and the court sentenced him to life in prison without the possibility of parole.
Britton is being held at the Arkansas Department of Correction Cummins Unit in Grady.
Assistant Attorney General Christian Harris told the court that it should defer to the trial court in evaluating witnesses, including Britton, and whether he was competent to stand trial. He said that no one present made a new request for a competency evaluation after Britton was found competent at the beginning of the trial.
Harris said Britton could have been intentionally acting out, but that irrational behavior did not make him incompetent.
“We disagree that there was any proof that he was experiencing a manic episode during the trial,” Harris said.
Arkansas, Pages 10 on 04/25/2014