In re Enrique D., 23 N.Y.3d 942 (2014)

In civil management proceedings under Mental Hygiene Law article 10, a respondent has the right to call and examine material and relevant lay witnesses, not just expert witnesses, to rebut evidence presented regarding their alleged mental abnormality and predisposition to commit sex offenses.

Summary

This case addresses whether a trial court erred in precluding a lay witness from testifying in a civil management proceeding brought against Enrique D., who had a history of sex offenses. The State argued that Enrique D. suffered from a mental abnormality that predisposed him to commit sex offenses. Enrique D. sought to introduce testimony from a former girlfriend to show he did not exhibit a fixation on non-consenting women and could control his sexual behavior. The Court of Appeals held that the trial court abused its discretion by precluding the witness, as her testimony was relevant to rebut the State’s expert’s diagnosis. The Court reversed the Appellate Division’s order and ordered a new trial.

Facts

Enrique D. had an extensive history of sex offenses and was nearing release from prison after serving a sentence for attempted sexual abuse. Prior to his release, the State of New York commenced a civil management proceeding against him under Mental Hygiene Law article 10. The State’s expert diagnosed Enrique D. with paraphilia, specifically sexual arousal by forcing unwilling women to engage in sexual conduct, and testified he was unable to control his sex-offending behavior. Enrique D.’s attorney sought to call a former girlfriend, Naomi N., to testify that Enrique D. never offended or attempted to offend against her and respected her boundaries.

Procedural History

The Supreme Court denied Enrique D.’s request to call Naomi N. as a witness, stating that her testimony could be presented through Enrique D.’s expert. The jury found that Enrique D. suffered from a mental abnormality. The Supreme Court then adjudged him a dangerous sex offender in need of confinement. The Appellate Division affirmed the Supreme Court’s judgment. The Court of Appeals granted Enrique D. leave to appeal.

Issue(s)

Whether the trial court abused its discretion by precluding the respondent from calling a lay witness to testify in his defense during a civil management proceeding under Mental Hygiene Law article 10.

Holding

Yes, because Mental Hygiene Law § 10.08(g) grants a respondent in an article 10 proceeding the right to call and examine other witnesses and produce other evidence in his or her behalf, and the proposed witness’s testimony was relevant to the issues to be resolved, particularly the State expert’s diagnosis of paraphilia NOS—non-consent.

Court’s Reasoning

The Court of Appeals reasoned that Mental Hygiene Law § 10.08(g) explicitly grants a respondent the right to call witnesses in their defense, and this right is not limited to expert witnesses. The key consideration is whether the witness, expert or lay, has material and relevant evidence to offer. The Court found that Naomi N.’s testimony was relevant to the State’s expert’s diagnosis of paraphilia NOS—non-consent. The jury had to determine whether Enrique D. suffered from a condition that predisposed him to commit sex offenses and whether that condition caused him serious difficulty in controlling his sex-offending conduct. Naomi N.’s testimony would have called into question whether Enrique D. exhibited a long-standing fixation on non-consenting women and whether he experienced difficulty controlling his sexual behavior. The Court stated, “[T]he pertinent question is whether a witness—expert or lay—has material and relevant evidence to offer on the issues to be resolved.” By precluding Naomi N.’s testimony, the trial court prevented Enrique D. from presenting potentially exculpatory evidence directly relevant to the key issues in the case.