State v. Johnston

Jason Johnston Jr. (defendant) was charged with kidnapping, rape, gross sexual imposition, aggravated menacing, and felonious assault. Johnston filed a plea of not guilty by reason of insanity. After examining Johnston, a psychologist submitted a report stating that Johnston was competent to stand trial and was not legally insane when he committed the offenses. The trial court granted Johnston’s request for a second evaluation. The report of the second psychologist, Dr. Richard Bromberg, stated that Johnston was legally insane at the time of the alleged crimes because he was suffering from an acute amphetamine-induced psychotic disorder and a chronic mood disorder. At a hearing to determine the admissibility of Bromberg’s report and evidence concerning psychological conditions caused by Johnston’s voluntary ingestion of drugs, Bromberg testified that (1) in a suicide attempt, Johnston had ingested an overdose of Ritalin, some of his wife’s prescription medication, and alcohol; (2) Johnston’s initial overdose was voluntary, but his continued intoxication was involuntary; and (3) if Johnson had not ingested those substances, Bromberg would not have diagnosed him with amphetamine-induced psychotic disorder and found him legally insane. The trial court granted the motion in limine made by the state (plaintiff) to preclude Bromberg’s testimony. Johnston pled no contest. On appeal, Johnston argued that the trial court abused its discretion in precluding his expert witness from testifying.