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Saturday, February 13, 2010
Ind. Decisions - More on "Conviction tossed in 1989 rape case, new trial granted"
Updating this Oct. 17, 2009 ILB entry about Brian E. Mast v. State of Indiana, a 2-1, 3-opinion decision issued by the COA October 13, 2009, Rebecca S. Green of the Fort Wayne Journal Gazette has a story today headed "Mental tests ordered for suspect in brutal 1989 rape." Some quotes:
Having had his 1989 guilty plea overturned by the Indiana Court of Appeals, an accused rapist was back in Allen Superior Court on Friday to hear how the case against him will proceed.For now it will be on hold until court-ordered competency evaluations are conducted and a judge has a chance to review the reports.
The issue of competency is largely what caused the appellate court to overturn Brian E. Mast’s guilty plea.
Mast, 43, was charged in January 1989 with rape, criminal deviate conduct, battery and burglary. Seven months later, Mast pleaded guilty, admitting to breaking into an apartment, beating and raping a woman, then stabbing her in the chest with a knife. He was 22.
Allen Superior Court Judge Philip Thieme sentenced Mast to 30 years in prison.
But throughout the case, questions were raised about Mast’s competency and mental health, and the judge allowed the plea and the sentencing to occur before all the reports concerning Mast’s mental state were received and reviewed.
After Mast’s attorney raised issues of his client’s mental health, filing a defense of mental disease or defect, the trial court judge appointed two experts to examine him.
According to the appellate court ruling, one of the reports may have never been seen by the trial court judge and the other report was sent to the wrong judge six days after the guilty plea hearing.
The reports were split in their assessment of whether Mast could help with his own defense. Had Mast’s attorney waited for the reports and requested a competency hearing, Mast may have been sent to a mental institution rather than entering a guilty plea, according to the ruling.
On Friday, the issue of Mast’s competency was again center stage.
Allen Superior Court Magistrate Robert Schmoll granted a request by Mast’s state-appointed public defender Cynthia Carter to have Mast examined. He scheduled a hearing for late April to discuss the examiners’ reports.
According to Carter’s motion, Mast has been diagnosed with schizophrenia, bipolar disorder, major depressive disorder and post-traumatic stress disorder.
Carter also asked Schmoll to appoint a guardian for Mast. Mast’s parents are dead, his grandparents died when he was 3, and his immediate family members have told Carter they do not intend to help him in any way, according to court documents.
Schmoll took her request under advisement.
The case is scheduled to be tried in front of Allen Superior Court Judge Ken Scheibenberger.
As Friday’s hearing continued, Mast interjected a request to represent himself and asked for the appointment of a different judge and that the case be tried in a different county.
Mast is also seeking the removal of his name from the Indiana sex-offender registry because he was charged before the registry requirements were applicable to him.
Posted by Marcia Oddi on February 13, 2010 06:20 PM
Posted to Ind. App.Ct. Decisions