exhibited anger and hostility during the interviews. The state then called Tyars pursuant to Cal.Ev.Code § 776 (allowing cross-examination of an adverse witness out of sequence) over continuing objection of Tyars' counsel.
The court found that Tyars was incapable of understanding the customary oath, but that he did understand the importance of telling the truth. Tyars promised the judge that he would tell the truth. Because of Tyars' severe speech handicap, the court caused Lawrence Meteer (a Patton State Hospital technician who was later the state's chief eyewitness in establishing Tyars' violent episodes) to be sworn as an "interpreter" to translate "English into English." The "interpreter" did not restate the court's questions to Tyars, and on occasion, answered the court's question without even purporting to answer on Tyars' behalf.opinion found it unnecessary to reach the question. Id., at 250, 92 S.Ct. at 2087.
In the instant matter, the nature of the verbal and nonverbal statements made by Tyars in the presence of the jury at his commitment proceeding were clearly both supportive of the state's petition to commit him and incriminating. In response to questioning by the Government counsel, Tyars not only recounted several acts of violence he stated he had engaged in but indicated through his loud "pows" and punching motions that he was neither ashamed of nor repentent for his past behavior.
It is settled law that the Fifth Amendment is applicable to the states through the Fourteenth Amendment, and that the standard in state courts must be consistent with federal constitutional standards. Malloy v. Hogan,