Blood Ambush (24 page)
Authors: Sheila Johnson
At that point, the conclusion of the hearing, Bob Johnston ended his remarks by saying that the only way to grant a motion for a new trial would be proof of fault on the part of Rodney Stallings, “and that does not exist.”
On March 29, Judge David Rains issued a court order:
The defendant’s motions for a new trial and for judgment of acquittal after verdict or judgment of conviction were heard on March 18, 2009. In consideration thereof, the defendant’s motions were hereby denied.
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In Alabama, everyone convicted of a crime has the right to appeal his case and ask a higher court to review the decisions made by his trial court.
Appeals courts differ from trial courts in that, while trial courts are concerned about the facts of the case at hand, appeals courts deal with the legal matters behind those facts. There is a heavy emphasis on reviewing and discussing the arguments prepared by both sides.
Defendants must act quickly to file their appeals after their trials; Alabama state courts require filing of a notice of appeal to take place within forty-two days of sentencing. And defendants must also be able to show reasonable grounds for an appeal. Several of the better grounds for an appeal included points that related to Barbara’s situation and that had already been mentioned, either by Barbara in her last letter to the judges, or by her defense counsel. Those points included her argument that evidence that should have been withheld, according to her, had been admitted at trial; she had received ineffective representation; and that at several points during the course of her case, particularly for the first year or more following her arrest, she was not mentally stable enough to assist with her defense.
Barbara’s case was to be appealed to the Alabama Court of Criminal Appeals, which hears all appeals of felony and misdemeanor cases in the state, and also hears violation of city ordinance cases and postconviction writs. If that court’s decision was appealed, it could be then appealed to the Supreme Court of Alabama. If it was determined that the grounds for appeal involved civil rights or federal law, it might then be taken to the United States Supreme Court.
There were other types of postconviction relief that could be sought by petitioning the trial court; appellate lawyers could petition for state collateral review, or a Rule 32 Petition. If denied by the trial court, that decision could be taken to the Alabama Court of Criminal Appeals and then to the Alabama Supreme Court.
The appeals process was acknowledged to be more academic and technical than trial law, involving a lot of legal theory and requirements, and Barbara Roberts was pinning her hopes on her new attorney. It would take time, skill, knowledge, and patience to prepare a successful appeal.
On May 4, 2009, Angela Cochran Morgan began filing the necessary forms with the Alabama Court of Criminal Appeals to present Barbara Roberts’s case for hearing. In the docketing statement, when asked the nature of the case, she summarized it quite concisely.
Morgan told how, on April 6, 2006, Darlene Roberts, the wife of Barbara Roberts’s ex-husband, died of gunshot wounds inflicted at a pond near her home in Cherokee County, Alabama. Morgan’s client, Barbara Roberts, and Barbara’s boyfriend, Dr. Robert Schiess, had been placed near the scene of the murder by eyewitness testimony and physical evidence. A passerby testified that Barbara appeared to be upset and crying and was pushed into a truck by Schiess. Three statements given by Barbara had been admitted at trial, as well as testimony of Tonya Regalado, who testified regarding alleged statements made by Barbara in jail. Morgan stated that Barbara suffered from bipolar disorder, and her medication was either not taken or not properly adjusted during her statements to police and during her time in jail. Barbara also suffered from physical disabilities that would have made it extremely difficult—if not impossible—for her to shoot the type of gun used in the murder.
In stating the issues on appeal, Ms. Morgan listed nine key points: (1) the verdict was contrary to the weight of the evidence; (2) the trial court was in error when they refused to continue the trial, at which time Barbara had been incompetent to assist Rodney Stallings in the preparation of her defense, and was unable to understand fully and consider the plea offers made by the state; (3) the trial court was mistaken when they admitted into evidence the unrecorded statements of the defendant; (4) the trial court was also in error in allowing the testimony of witness Tonya Regalado; (5) the trial court acted incorrectly by allowing the admission of evidence gathered at the scene of the crime when the crime scene had not been properly secured; (6) for much of the time Barbara was held in jail prior to the trial, she failed to receive the psychiatric care she needed, which affected the outcome of the case; (7) the trial court should have found Barbara not guilty by reason of mental disease or defect; (8) Barbara did not receive effective assistance of her attorney at the time of the trial; and (9) the evidence presented in the case was not substantial enough to support a finding beyond a reasonable doubt that Barbara was guilty of the murder of Darlene Roberts.
At last writing, the Alabama Court of Criminal Appeals had not yet addressed Barbara Roberts’s appeal.
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Of all the reasons offered to the Alabama Court of Criminal Appeals by Angela Cochran Morgan to justify a new trial for her client, those that were most compelling were the ones that have to do with Barbara Roberts’s mental state—both at the time of the crime and in the following months and years. Having been diagnosed with bipolar disorder for many years, then with major depression, and with post-traumatic stress disorder following her near-fatal traffic accident, her mental condition could have been affected by overmedication prior to the crime, as well as a lack of medication following her arrest.
There are no means, after the fact, to determine Barbara’s competence at any stage of the proceedings. A look at the causes, symptoms, treatment, and complications of those conditions she suffered with might bring some further understanding of her mental-health issues.
Barbara’s primary diagnosis of bipolar disorder was said by the forensic psychologist who testified at her trial to be a predominantly depressed type. A closer look at bipolar disorder could bring a clearer understanding of Barbara’s mental processes—both at the time of Darlene Roberts’s death and in the years preceding, as well as those that followed.
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When the life and actions of Barbara Roberts were studied, it became obvious that her bipolar disorder had been at the root of most of her difficulties in life. It caused a steady destabilization in her mental health from the time her family first noticed its gradual onset, when Barbara was in her early twenties. Although she sought treatment, there were also many times when that treatment was irregular or insufficient.
Bipolar disorder is a serious mental illness that can affect anyone of any age, race, gender, or socioeconomic group. It is less common in children and teens, but it is estimated that around 5.7 million adults in America are living with the disease. Many remain undiagnosed, and they and their loved ones suffer needlessly because of their lack of treatment.
Although bipolar disorder cannot be prevented, regular medical treatment and continual monitoring of the disease can allow those affected with it to keep the illness under control. They can lead satisfying, productive lives. There are two phases of bipolar disorder, which consist of mood swings back and forth between those two phases. In some cases, particularly in women, the primary phase is bipolar depression, also referred to as major depression. Sufferers experience a very depressed mood characterized by low energy levels, low self-esteem, slow speech, fatigue, poor coordination, suicidal thoughts and feelings, poor concentration, sadness, loneliness, helplessness, guilt, chronic pain without a known cause, anxiety, and insomnia or oversleeping.
In the other phase of bipolar disorder, called bipolar mania or hypomania, sufferers experience an unusual level of energy, excessive talk, impulsiveness, a reckless pursuit of gratification, periods of irritability countered by episodes of euphoria, racing thoughts, poor judgment, an inability to concentrate, and inflated self-esteem. Sufferers in this phase can sometimes progress from the first signs of mania to a full-blown case of manic psychosis in only a matter of a few hours, and the results can be devastating to families.
Those in the manic phase can pile up huge debts, drive recklessly, engage in substance abuse and extramarital affairs, encounter legal problems, and engage in other behaviors that can break down relationships. Early intervention when entering the manic phase can sometimes help control the escalation of the problem.
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When dealing with a friend or family member suspected of having bipolar disorder, it is particularly important to recognize any symptoms of possible drug abuse, a common problem for persons with the disorder. There is a great deal of self-medication by some patients with bipolar disorder, and drug abuse by bipolar sufferers—particularly in men—can indicate a strong predisposition toward suicide in many cases.
It is also possible for those with the illness to have a condition known as mixed-state bipolar disorder, where symptoms of depression and mania can occur together, with patients experiencing symptoms of both phases simultaneously. This condition can sometimes confuse an accurate diagnosis and can be mistaken for other disorders.
Severe cases of either phase of bipolar disorder can lead to a detachment from reality known as psychosis, which can include delusions and hallucinations, with the patient hearing voices or seeing things that aren’t there.
There has been research that indicates that bipolar disorder may very well have genetic links, as it often runs in families, but medical authorities still don’t completely understand what causes the illness to strike unexpectedly when there has been no early indication of problems. In addition to a possible genetic connection, other risk factors for developing the disorder include drug abuse and highly stressful periods of life. Although it can affect children as young as six years old, it is more common in teenagers and young adults, and its onset usually begins between the ages of fifteen and thirty.
Bipolar disorder can be easily misdiagnosed as attention-deficit/hyperactivity disorder (ADHD) in children and teens. It is characterized by dropping grades, quitting activities, refusal to participate, poor attention and concentration, and boredom.
This would indicate that Barbara Roberts did not begin to suffer from the onset of bipolar disorder to a recognizable degree until the years following her graduation from high school, since she finished at the top of her class, was liked by her teachers, then shouldered the responsibility of working to pay for her own college classes and for her dance lessons, and remained a high achiever with definite goals and ambitions. Her family indicated that they began to realize Barbara had problems beyond what they could help her with, and urged her to seek treatment, when she was in her twenties.
Barbara did choose to see a mental-health professional and was prescribed medication, but her family reported that she stopped treatment because of having a bad reaction to the drug. She continued other treatment, off and on, for several years, but she voluntarily sought hospitalization frequently after moving to Alabama, when she began to have serious troubles in her marriage. Hospitalization for psychiatric treatment helped her stabilize her deep depression, but since her situation remained unchanged in her marriage, she was readmitted, at her own request, again and again, with little lasting change.
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Following the auto accident that almost took the lives of Barbara and Robert John Schiess III, they both were diagnosed with post-traumatic stress disorder, an anxiety disorder that is triggered by experiencing or witnessing an event that has caused extreme fear or horror. Primarily known as a disorder affecting combat veterans, it can also occur following accidents like Barbara’s, or other traumatic events, such as serious injury, shock, or violent assault. Most people involved in such events have a time when they have difficulty adjusting and coping, but those who develop PTSD can continue to have problems for months or even years, sometimes resulting in serious disruptions to their lives.
There is still much research under way on the causes of post-traumatic stress disorder, but when a person develops the mental illness, it is believed to stem from a combination of a predisposition to anxiety and depression, temperament, life experiences, and brain chemistry in response to stress.
Like bipolar disorder, PTSD can cause a higher risk of the sufferer having other problems, such as drug abuse, depression, alcohol abuse, panic attacks, and thoughts of suicide. Researchers are also beginning to believe there may be a link, in some patients, between PTSD and chronic pain, bone, and joint problems, as well as diseases such as rheumatoid arthritis.
Barbara Roberts may have suffered an increase in her chronic neck, back, and arm pain, caused by the accident and her multiple subsequent surgeries, because of the PTSD and its possible physical effects. There is continuing research in the area of PTSD and physical-health problems, and it could be possible that Barbara had suffered physical pain that was being exacerbated by her PTSD.
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