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State v. Bottrell12/15/2000
ged.' American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 275 (3rd ed. revised 1987). While in this state, the person experiences '{v}arious types of sensory anesthesia and a sensation of not being in complete control of one's actions, including speech.' American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, 275 (3rd ed. revised 1987). So, a person who truly suffers from PTSD could experience a flashback and during that flashback might be unable to control his or her actions. As one commentator stated:
Ordinarily, persons with PTSD are in contact with reality and do not display any symptoms of psychosis such as hallucinations or delusions. PTSD is essentially an anxiety disorder. However, some patients, especially those who are subsequently subjected to extreme stress, develop a transient dissociative reaction with episodes of depersonalization or derealization. Most of the time, these feelings of unreality pass without incident, but occasionally criminal behavior may erupt. The question of criminal responsibility, therefore, is pertinent since a person's cognitive or volitional state may be impaired during a dissociative reaction.
Chester B. Scrignar, M.D., Post-Traumatic Stress Disorder: Diagnosis, Treatment, and Legal Issues, 245 (2d ed. 1988).
Washington case law acknowledges that PTSD is recognized within the scientific and psychiatric communities and can affect the intent of the actor resulting in diminished capacity. See State v. Janes, 121 Wn.2d 220, 233-36, 850 P.2d 495 (1993) (battered woman and battered child syndromes are a subset of PTSD and are admissible to show how severe abuse affects the battered person's perceptions and reactions); see also, State v. Riker, 123 Wn.2d 351, 869 P.2d 43 (1994). Other cases that acknowledge the link and the defense, although not directly addressing the issue before us are: State v. Warden, 133 Wn.2d 559, 564, 947 P.2d 708 (1997); State v. Hamlet, 133 Wn.2d 314, 944 P.2d 1026 (1997).
Therefore, we hold that PTSD is generally accepted by the scientific and psychiatric communities as a condition that may result in the diminished capacity of the actor.
3. Offer of Proof and Admissibility of Dr. Stanulis's Testimony
There is no dispute that Dr. Stanulis qualified as an expert under ER 702. Because a generally-accepted link exists between PTSD and diminished capacity, the trial court should have admitted the testimony of Dr. Stanulis if he testified that: (1) Bottrell suffered from PTSD; (2) as a result of her PTSD she experienced flashbacks during the incident with Hall; and (3) the flashbacks impaired her ability to act with intent. Dr. Stanulis evaluated Bottrell by reviewing over 9 years of police reports, interviewing her for about 4.5 hours, and administering the Minnesota Multiphasic Personality Inventory. Dr. Stanulis testified to each element during the offer of proof. First, Dr. Stanulis testified that Bottrell suffered from PTSD. According to him, Bottrell 'met the criteria for post- traumatic stress disorder{,}' Report of Proceedings at 88, and opined 'to a medical certainty' that she suffered from the condition. Report of Proceedings at 90-91. The State's expert, Dr. Ronald Hart, agreed that Bottrell was suffering from resolving PTSD, but asserted that its onset was triggered by Hall's death. Second, Dr. Stanulis testified that Bottrell experienced flashbacks during the incident with Hall: 'at the time of {the incident with Hall} . . . she was describing, symptoms of a flashback, she was re-experiencing past abusive episodes.' Report of Proceedings at 92. Finally, Dr. Stanulis testified that Bottrell's
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