Steve Dawes was getting nervous, waiting for the competency hearing to begin. He told the deputies that he had to use the restroom. One deputy escorted him to the small restroom in the back of the hearing room, and stood by as Steve relieved himself noisily with a trumpet of flatus. The deputy noticed Steve didn’t wash his hands afterward. He put on blue vinyl gloves before escorting Steve back to the defendant's table.
Back at the table, the public defender grabbed Steve’s sleeve as the judge entered the hearing room. Steve made a great show of grimacing as he stood. The deputy read the case number, “In the matter of the State of Nebraska versus Steven Dawes.â€
Steve whispered to his attorney, “They have to prove I’m crazy, right?â€
The attorney nodded. The deputy directed them to be seated. Steve passed wind again as his backside hit the chair. His attorney wondered if Steve had soiled himself, and grimaced. Steve looked unconcerned.
The judge looked at the file on his desk. “Mr. Dawes, this is a mental competency hearing. The court will evaluate your ability to participate in your own defense. There is no prosecutor for this hearing. No evidence related to the charges against you will be introduced nor discussed. You have the right to remain silent, and to be represented by an attorney. I see you have a court-appointed attorney. Have you had an opportunity to discuss your case with your attorney?â€
Steve was silent.
“Mr. Dawes, do you understand the purpose of this hearing, and have you had an opportunity to consult with your counsel?†the judge asked again.
Steve said nothing.
The public defender leaned over to Steve, maintaining a safe distance. “Mr., ummm… Dawes, you should answer him.â€
Steve whispered back, “He said I can remain silent. That’s what I’m gonna do.â€
The judge watched as Steve and the attorney whispered. “If you choose to be silent, your attorney may answer for you, which will not be held against you in a court of law.
“Very well, Mr. Dawes. Let’s proceed. I have the reports of the Bellevue Police Department, the Sarpy County Attorney, the Sarpy County Sheriff’s Office, and the psychiatrist from the Nebraska Department of Health, Division of Psychiatric Services. I also have videotape evidence provided by the Sarpy County Sheriff’s Office, which I reviewed prior to this hearing.
“The legal standard for competence has two parts. First, do you understand the nature of the proceedings and the charges against you? Second, can you participate in your own defense?â€
Steve looked sullenly at the judge. He had to pass wind again, but he held it in. He was afraid it would be held against him.
The judge proceeded. “You are under arrest for violations of felony offenses and misdemeanors. At least one charge is classified as a sex offense. If you are found competent, you may be remanded for trial in Sarpy County District Court. If you are found incompetent, you will be transferred to the Norfolk Regional Center for treatment until such time as you are competent to stand trial, at which time you will be remanded for trial. Do you understand?â€
Steve nodded and grunted. His attorney quickly said, “My client understands, Your Honor.â€
“You were placed under arrest for seven counts of felony assault, using a firearm to commit a felony, making a terroristic threat, discharging a firearm within city limits, and violation of Bellevue traffic ordinances. Since your incarceration, the County Attorney filed additional charges of attempted murder by poisoning, attempted escape, violation of the Nebraska Controlled Substance Act, conspiracy to commit a felony, conspiracy to operate a criminal organization or gang, criminal sodomy of a confined person, and adulteration of a food product.â€
Steve’s eyes grew wider with each additional charge. After the last charge was read, Steve yelled, “I didn’t adulterate a food product! I ate that kielbasa, I swear I did!â€
“No, Mr. Dawes. ‘Adulteration of a food product’ refers to introducing a hazardous non-food ingredient into a food product with the intent that another person consumes the foreign substance. According to the charge sheet, the detention officers found Mountain Dew bottles contaminated with urine and prescription medications in your possession.â€
The judge paused and reviewed a sheet of paper in the file on his desk. “If you are found guilty of all charges, you may be incarcerated for a period of not less than 125 years, nor more than 775 years. Your attorney should explain the details of the sentencing for these offenses.
“Do you understand the charges I read to you, Mr. Dawes?â€
Steve nodded his head, but did not speak. He began to hyperventilate.
“Your Honor, may we have a short recess?†the attorney asked.
“Very well, ten minutes.†The judge left the hearing room.
Steve continued to hyperventilate. “This isn’t fair!â€
The attorney replied, “It’s not a question of fairness. It’s the law. We can plea bargain, if the prosecutor will work with us. It will probably be better for you, anyway. I’ve seen the videos, and it’s not something we want a jury to see.â€
Steve thought about it. Suddenly, the idea of being committed to Norfolk wasn’t so abhorrent to him. He made a decision to convince the judge that he was crazy, but kept it to himself. His breathing slowed, bit by bit, until he appeared to be under control.
The judge returned, and the deputy called the room to order.
“Mr. Dawes, are you feeling better?â€
Steve nodded and licked his lips. He intended to expose himself to the judge so the judge would think he was crazy. He reached down the front of his pants and loosened the drawstring. Steve noticed that his bladder was full again, causing an unpleasant pressure.
“To determine if you are able to participate in your own defense, we rely on the psychiatrists’ reports. According to the reports, you scored “average to below average†on standard IQ tests. You have regular delusions of being tormented by a former University of Nebraska football coach, and by a cigar-smoking dog. You have had several documented episodes of self-injury. You show signs of sexual paraphilias involving high school girls' basketball players and male football players. However, the psychiatrist concludes, and I agree, that you meet the minimum standard for competence to stand trial.â€
Steve pushed back his chair and started to his feet, but he lost his balance and fell forward onto the table. His pants fell to his ankles. Again he passed wind with a wet bugle call, to the horror of his attorney, who was less than a foot from his buttocks. He lost control of his bladder. His urine sprayed onto his attorney, flowed down his legs and pooled on the floor around his feet. His attorney began to scream. The second deputy put on blue vinyl gloves.
The judge watched as the deputies again subdued Steve, and restrained him to the chair.
“Mr. Dawes, the court is not impressed by your theatrics,†he said over the screams of the public defender. “We find that you are competent to stand trial, but we order you be held without bond in the interest of public safety. Furthermore, we order a complete psychiatric evaluation at the Sexual Offender Unit of the Norfolk Regional Center, with a report to this court within thirty days.
The judge wrinkled his nose at the smells of urine, sweat, old sewage, and flatus emanating from the defendant’s table. For a moment, he felt sorry for the screaming young lawyer.
“Mr. Dawes, I recommend you take a shower. Counselor, the same goes for you. This hearing is adjourned.â€
After the judge left the hearing room, the deputies returned Steve to the medical housing unit. His attorney sat at the table, soaked in Steve’s urine. His screams turned to sobs as he looked down at the table.
The two manila envelopes were unsoiled. The attorney knew he must deliver the bad news, and worse news, to Steve; but first he needed a shower, a change of clothes, and a drink. "On second thought," the attorney told himself, "lots of drinks."