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NO. 93-368
IN THE SUPREME COURT OF THE STATE OF MONTANA
1994

STATE OF MONTANA,

Plaintiff and Respondent,

-vs-

TERRY ALLEN LANGFORD,

Defendant and Appellant.

APPEAL FROM: District Court of the Third Judicial District,
In and for the County of Powell,
The Honorable Ted L. Mizner, Judge presiding.

COUNSEL OF RECORD:

For Appellant:

William F. Hooks, Appellate Defender, Helena,
Montana

For Respondent:

Hon. Joseph P. Mazurek, Attorney General,

John Paulson, Asslt Attorney General,

Helena, Montana

Christopher Miller, Powell County Attorney,

Deer Lodge, Montana

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Submitted on Briefs: August 18, 1994

OGT 041994
Justice John Conway Harrison delivered the Opinion of the Court.

Terry Allen Langford (Langford) appeals from a jury verdict in
the District Court for the Third Judicial District, Powell County,
convicting him of burglary and deliberate homicide. We affirm.

The following issues are presented on appeal:

1.
Did the District Court violate Langford's right to
represent himself at trial?


2.
Did the District Court err by admitting evidence of a
shooting incident which occurred when officers were retaking the
maximum security unit of the Montana State Prison?


3.
Did the District Court err when Judge Mizner refused to
recuse himself?


4.
Did the District Court abuse its discretion when it
admitted into evidence autopsy photographs of the five inmate
victims?



On the morning of September 22, 1991, nine maximum security
inmates at the Montana State Prison gained control of the maximum
security unit of the prison. These prisoners were able to release
the other maximum security prisoners. When officers regained
control of the building approximately five hours later, they
discovered that five protective custody inmates had been killed in
the riot, and others severely beaten.

The maximum security unit of the Montana State Prison is divided into six blocks with two central control cages. "A Block," "B Block," and "C Block" are located on the west side of the
building along with the main control cage which controls operations
for A, B, and C Blocks. "D Block," "E Block," and "F Block" are
located on the east side of the building along with the satellite
control cage which controls operations for D, E, and F Blocks. Six
exercise yards are located in the center of the maximum security
unit between Blocks A, B, C and Blocks D, E, and F. At the time of
the riot, there were 68 inmates in the maximum security unit. Ten
protective custody inmates were located on D Block, and Langford
was housed on B Block.

On the morning of September 22, 1991, thirteen inmates were
using the exercise yards. Officers escorted three of these inmates
from exercise yard five to C Block. Nine of the remaining inmates
broke through the wire fences separating the exercise yards and
entered yard five. From there, they ran through an open door into
the west side of the maximum security unit. Once inside the
building, the prisoners attacked the main control cage on the west
side of the building. Approximately 45 minutes later, the inmates
gained access to the satellite control cage on the east side of the
building by burning a hole in the bulletproof glass. Once inside
that cage, they obtained keys that opened the main control cage.
The inmates then began opening cell doors and releasing other
maximum security prisoners.

Some maximum security prisoners made their way onto D Block
where they attacked the protective custody inmates. Five
protective custody inmates were killed in the riot, and others were
severely beaten.

The prison's Disturbance Control Team entered the maximum
security unit and regained control of the unit at approximately 2

p.m. the same day. Officer Robert Geach (Geach), a member of the team, entered C and 3 Blocks while securing the unit. Geach testified that when he was on B Block he ordered the prisoners to strip and get on the ground as a precautionary measure against hidden weapons. Geach testified that Langford neither stripped nor went to the ground when commanded to do so. ~ccording to Geach, Langford made a move towards him and Geach then fired a warning shot into the door next to Langford. After the shot, Langford complied with Geach's commands.
On February 3, 1992,Langford was charged by information with one count of burglary in violation of

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Montana Law