Wayne A. Camitsch v. Henry Risley, Warden, Montana State Prison Mike Greely, Attorney General of the State of Montana

FACTS

Wayne Camitsch was convicted in a Montana state court of one count of sexual assault and three counts of sexual intercourse without consent. The complaining witnesses were four girls aged 12 to 14. Prior to trial, defense counsel moved for discovery of the police and youth court files of the four complaining witnesses and another witness, L.B., in order to aid in impeaching their competence and veracity. The trial court denied the motion, but agreed to examine the files in camera to determine whether they contained anything affecting the potential witnesses’ competence or credibility. A hearing was held in chambers, and based on unrebutted evidence from L.B.’s youth court file, the court excluded her testimony on the ground that she suffered from a mental condition classified as “delusional,” rendering her incompetent without a state showing of competence. For reasons that do not appear in the record, the state declined to make such a showing, and L.B. did not testify at trial. The court conducted a voir dire of one of the complaining witnesses, J.E., whose files also indicated psychiatric problems, although not of a delusional nature. She was permitted to testify.

During…