High court overturns ruling in case involving insanity defense

Tuesday, Feb. 27, 2001 | 10:58 a.m.

CARSON CITY -- The Nevada Supreme Court has ruled that a person who is found competent to stand trial cannot be forced against his wishes to present an insanity defense.

The court overturned the second-degree murder conviction of Richard C. Johnson, found guilty of the fatal shooting of George Hightower outside Caesars Palace in Las Vegas on April 8, 1995.

While Johnson did have a history of bizarre behavior, he was twice found competent to stand trial by a panel of psychiatrists. The Clark County public defender's office, which represented Johnson, sought to impose a defense of insanity, along with one of self defense. Johnson objected, saying he did not agree with the insanity defense and wanted to represent himself.

Initially, Johnson was allowed to represent himself with the public defender's office to serve as co-counsel. District Judge John McGroarty, however, decided that although Johnson was competent to stand trial, the public defender should represent him and assert both defenses. The judge said Johnson's competency was becoming more and more tenuous as the trial neared and his best interest would be served by leaving the representation to lawyers.

After being found guilty of second-degree murder and being sentenced to two consecutive terms of life in prison with the possibility of parole, Johnson appealed, claiming his lawyer put forward the insanity defense against his will.

"The insanity defense is essentially a plea of not guilty by reason of insanity, and as such, it should be entered only by the defendant personally or by counsel after the defendant has consented," the court wrote.

"Second, an acquittal on the basis of insanity may result in long-term institutionalization, and the consequences of a choice between a possible commitment to a mental health institution or to prison 'are so grave and personal that a competent defendant should have the right to make his or her own decision as to whether to interpose that plea.'

"The social stigmatization that may attach to an assertion or adjudication of insanity also weighs in favor of leaving the final decision of whether to assert an insanity defense to the competent defendant and not to counsel.' "

On sending the case back to District Court, the Supreme Court said the judge "will no doubt revisit whether Johnson's delusional belief system renders him incompetent to stand trial. Assuming that Johnson is competent to stand trial, he may not be compelled against his wishes to assert the defense of insanity."

Before the shooting, Johnson had told police in Las Vegas that there was a conspiracy by members of an Oakland "cult type situation" who were after him. He also said letters to public and police agencies, to President Clinton and members of Congress about the Oakland gang. And he claimed Hightower, the victim, may have been involved in the conspiracy.