prior to the time he telephoned the police from his wife's home on the afternoon of April 19, 1962. In connection with the issue of drunkenness, then, Jarmans' first statement is admittedly voluntary. It is also clear that whether Jarmans' second oral statement to the police on April 20 was voluntary or not turns on the question of whether he was drunk when he first spoke to the police at the time of his arrest that day. On the one hand, Jarmans could not have become drunk between the time he was arrested and the time he arrived at the police station; on the other hand, if Jarmans was drunk at the time of his arrest, this Court could not find beyond a reasonable doubt that he had sobered up sufficiently to give a voluntary statement less than an hour later. For these reasons, the balance of this discussion turns on Jarmans' condition when he spoke to the police at the time of his arrest.
The only evidence that Jarmans consumed large quantities of alcohol prior to his arrest is his own statement. All other evidence indicates that Jarmans was sober. This Court rejects the self-serving testimony of the petitioner and finds beyond a reasonable doubt that petitioner was not intoxicated when he was arrested on April 20, 1962, and made his two oral statements to the police. This finding is made for the following reasons:
1. There is no evidence that is directly probative on the question of whether Jarmans was so affected by any liquor he consumed that his statements were in fact involuntary except for petitioner's own testimony that he "thought" the statements were involuntary.
The question here is not whether Jarmans had had something to drink before he confessed but whether he had drunk so much that his confession was not the product of his free will. Jarmans himself did not state that he was in a daze, or that he was not cognizant of what he was doing. On the contrary, he admitted that he knew what was happening; that he could drive and walk without difficulty; that he talked coherently and had no difficulty being responsive to the officer's questions.
2. Jarmans' testimony as to the amount he drank is extremely difficult to believe on its face. Jarmans asks this Court to believe that a 20 year old could, after drinking a few beers and a quarter of a pint of whiskey in mid-afternoon and early evening, drink 6 to 9 beers and a fifth of whiskey between 10:00 P.M. and 3:00 A.M. and still walk, talk and drive without difficulty. It must be recognized that such a feat is highly unlikely.
3. There is no evidence to corroborate Jarmans' testimony that he had a great deal to drink.
a. Everyone, including petitioner, agrees that petitioner appeared sober.
b. Twelve to thirteen hours elapsed between the time Jarmans left his wife's home on Thursday afternoon and the time he was arrested on Friday morning. Petitioner claims he spent about four hours drinking with Louis McMurray, and another two and one half hours drinking in Hogan's bar in Northwest Washington. Neither Mr. McMurray nor anyone from Hogan's bar was produced to corroborate Jarmans' story, nor was any explanation made as to why such testimony was not forthcoming.
c. Jarmans himself admitted that the first time he thought of telling anyone he was drunk at the time he confessed was more than 2 years after he had been convicted and while serving his life sentence.
d. Petitioner's claim that Jarmans' testimony at the 1968 hearing is corroborated by Jarmans' signed written statement to the police given at 5:35 A.M. on April 20, 1962, and introduced in this proceeding as petitioner's Exhibit Number 1, is without merit.
It is true that Jarmans mentions drinking in this statement. It is also true that he did not say he had a lot to drink nor did he indicate in any way that he was intoxicated at any time that night.
In point of fact, this statement contains material, in the same paragraph mentioning drinking, which impeaches statements made by Jarmans at the 1968 evidentiary hearing. At the hearing Jarmans said he left his wife's house and drove to Maryland, then drove to Virginia about 4:30 P.M. and drove back to Maryland about 8:00 P.M. In his written statement Jarmans said he left his wife, drove to Maryland and stayed there until night when he came back to the District. In addition, his statement, though very detailed, failed to include mention of Louis McMurray, the drinking of any beer, the making of a second liquor purchase or a two and one half hour stop at Hogan's bar. All of these points figure prominantly in his testimony before this Court almost 6 years after the written statement.
4. Jarmans had already confessed to the crime 12 hours before he was arrested at a time when he admits he had nothing to drink.
The fact that Jarmans, while sober, had already told the police by telephone that he was the killer of Olive Minard creates no presumption that his second confession was also made while sober, but it is certainly a circumstance which militates against his testimony in this proceeding. At the very least it proves that Jarmans was quite capable of confessing while not intoxicated and not coerced in any way. It also provides a plausible explanation for what might first impress one as an unusually precipitous confession. Jarmans knew that the police had his name and therefore that it would only be a matter of time before he was apprehended. Under those circumstances Jarmans might well feel, as he himself put it, glad to "get it over with."
Jarmans also challenges the voluntariness of his oral inculpatory statements on the grounds that at the time he made those several statements he was suffering from a mental illness and was thus devoid of his normal will to protect himself. The statements which he asserts were thus involuntarily made by him and which were received in evidence were the April 18 and 19, 1962, statements to his wife, his telephone statement on April 19 to Officer Smith, and his April 20 statements (1) to Officers Bigelow and Wheeler and (2) to Officers Donohue and O'Brien.
The question of the state of petitioner's mental health in April 1962 was litigated at length in Jarmans' criminal action where he asserted an insanity defense. In this proceeding both the petitioner and the Government relied on the evidence adduced in the criminal case.
Prior to the 1962 trial Jarmans was committed on April 26, 1962, to St. Elizabeth's Hospital for mental examination. Under date of August 15, 1962, the Acting Superintendent of the Hospital reported to the Court that Jarmans was found not to be suffering from any mental disease or defect at that time or "on or about April 16, 1962."
At the November-December, 1962 trial Jarmans called as witnesses in support of his insanity defense Dr. Caprio, an independent psychiatrist, Dr. Beardsley, a clinical psychologist at St. Elizabeth's, and Dr. Hamman, a staff psychiatrist at St. Elizabeth's Hospital.
Dr. Caprio testified that Jarmans was possessed of "a sociopathic personality with psychotic episodes, characterized by schizophrenic reations, paranoid in nature." Dr. Caprio concluded that on April 16, 1962, the defendant was suffering from "a schizophrenic episode associated with [the] original diagnosis of sociopathic personality" and that this mental illness affected the defendant's mental and emotional processes, and behavioral controls on that date. Further, Dr. Caprio stated that Jarmans was in the midst of a psychotic episode, controlled by an insane compulsion to confess at each time he made statements to the police. On cross-examination, however, it became apparent that Dr. Caprio's diagnosis rested primarily on his opinion that the crime, and the defendant's plan to kill several women in order to avoid suspicion when he killed his wife, spoke for themselves. In fact, Dr. Caprio stated that prior to this incident Jarmans was not of unsound mind. He was not mentally ill until he thought up this "insane" plan involving multiple murders in order to facilitate his speedy marriage to Nadine.
Dr. Catherine Beardsley, the clinical psychologist at St. Elizabeth's who administered a battery of psychological tests to Jarmans testified that Jarmans possessed a "schizoid" personality with " potentials " for psychotic behavior. Whether or not that potential for "psychotic" behavior was realized, Dr. Beardsley did conclude that Jarmans was suffering from a mental illness on April 16, 1962.
Dr. Hamman testified that he did not agree with the conclusion of the staff conference held at St. Elizabeth's. He stated that he believed that the defendant suffered from a personality disorder, best described as a schizoid personality, and had the "potential, when provoked, to become psychotic over periods of time, although he did not show any psychotic behavior while in the hospital." Dr. Hamman stated that one with a schizoid personality, alone, is not psychotic. On cross-examination Dr. Hamman agreed that the only evidence of psychotic thinking and behavior in Jarmans' history was his plan to murder his wife and the actual killing of Olive Minard.
The defense produced two other doctors, Dr. Lindner, a clinical psychologist, testified that he had no personal recollection of Jarmans but that a report filed by him for the Juvenile Court in 1954 reflected that at that time he had interviewed Jarmans and found he was in the early stages of schizophrenic process with paranoid tendencies. He had no contact with Jarmans after 1954 and could not speculate as to his mental condition in 1962. Dr. Lincoln testified that although he had never met Jarmans, on the basis of records given him at Cedar Knolls in 1955, he at that time labeled Jarmans a chronic schizophrenic, paranoid variety. Like Dr. Lindner, Dr. Lincoln could express no opinion as to Jarmans' condition subsequent to the date of his original diagnosis.
In rebuttal, the Government produced Dr. Platkin and Dr. Owens of St. Elizabeth's. Both these doctors stated that Harry Jarmans was without any mental illness. Their conclusions were in agreement with the findings of the staff conference of July 19, 1962, in which Dr. Dobb, another psychiatrist and Dr. Kane, a clinical psychologist, as members of the conference concurred.
Jarmans, as has been noted, was also committed to St. Elizabeth's earlier in 1962 in connection with his arrest for stealing a motor vehicle. He, in February 1962, was found without mental disease or defect. Dr. Owens and Dr. Platkin were also members of that staff conference.
Doctors Platkin and Owens testified that Jarmans had better than average intelligence; that he had no delusions or hallucinations; that his thinking and speech were coherent; that he was completely oriented as to time and place; that he could distinguish right from wrong; and that his ability to exercise control over his behavior was not impaired on April 16, 1962.
Dr. Platkin noted that Jarmans possessed certain symptoms of personality disorder such as "a history of inadequate relationships with others, difficulty in adjusting to society, as well as passivity in his relations with others." But Dr. Platkin concluded:
"* * * these are characteristics one may find in so-called normal people. These are characteristics that are not necessarily symptomatic or even peculiar to mental illness * * *
Although he had all these characteristics, they did not, in my opinion, suggest mental illness. These are characteristics which one may very well find in a large number of individuals who are not sick * * * [In] my opinion there were not any of these symptoms to such a degree of intensity or severity that I would call them mental illness."
Dr. Owens' testimony also stressed that whether a diagnosis of mental illness is warranted depends on the degree to which personality traits vary from the norm. He concluded:
"* * * I saw this individual as having certain symptoms such as being passive or dependent, or having difficulty in his relationships with others. But these did not deviate enough from normal for me to say that this is a mental disease * * * [In other words] I see some symptoms; but they don't deviate enough from normal to warrant a specific diagnostic entity, such as schizoid personality."