By Aimee Green | The Oregonian/OregonLive email@example.com
The Oregon Court of Appeals on Wednesday reversed a southern Oregon judge’s decision to commit a man to the state psychiatric hospital and revoke his gun ownership rights after he’d threatened to kill strangers who he believed were watching him through power lines and robotic birds.
The man’s case illustrates Oregon’s high legal bar for forcing people with mental illness into receiving treatment and forbidding them from having guns.
The case also highlights battling ideologies: One argues that people who have been diagnosed with mental illness and have threatened to kill others should be sent to the state hospital for involuntary treatment for up to 180 days. The other argues that forcing vulnerable people to receive treatment without significant evidence they’re truly a danger violates their civil liberties and can have devastating effects on them.
The man in this case was identified in court papers only as 43-year-old “J.P.”
Alexander Cambier, a Portland public defender who represented J.P.’s interests before the Appeals Court, said committing someone for up to six months represents a significant “deprivation of liberty” that must be backed up by evidence of the person’s future dangerousness.
“In a case like this the state is seeking to put someone in a hospital room — which can look a lot like a jail cell, i.e. locked doors and bars over the windows — not because they have actually hurt someone but because the state is predicting that they will hurt someone in the future,” Cambier told The Oregonian/OregonLive.
The Appeals Court said prosecutors didn’t legal justify the case against J.P. because he didn’t have the means to actually acquire a gun and probably didn’t have the physical strength to hang people as he had threatened.
J.P. had been diagnosed with schizophrenia and a supervisor at a mental health clinic was worried he’d act on his delusions to “kill” or “hang” strangers who he thought were members of the mafia, according to an Appeals Court summary of the case.
J.P.’s encounter with the mental health system began after his mother became gravely concerned when he sent her photos he took of a man at a bus stop and people in cars because he thought they were monitoring him, according to the summary. He also said he thought the roofers working on the house across the street from his grown daughter’s home were in on it, too.
Within a few weeks, he called his mother and announced he was ready to act, stating: “I’m ready to get these people. Whatever means necessary, I need to do this today,” according to the summary.
He added: “I don’t care how I have to do it. I’ll kill them. I’ll hang them. I’ll do whatever I have to. I need to deal with this.”
During a hearing, Douglas County Circuit Judge William Marshall said he considered J.P. a “real danger … to other people,” in part because he’d at one point successfully convinced his daughter to briefly loan him an unloaded shotgun.
“This illness is long-term,” Marshall said. “It’s not disappearing. It’s continuing to invade him.”
But in reversing Marshall’s ruling, the Appeals Court noted there was no evidence that J.P. followed his “verbal threats” with an “overt act” that indicated he was “highly likely” to end someone’s life.
“There was no evidence in the record … that the threat was anything more than the result of his delusions and agitation,” the Appeals Court wrote.
The court noted several other cases in which other people didn’t meet that bar, including a woman who had made threats to kill her neighbor’s children and put their heads on her fence and a man who threatened to kill a police officer by telling him he was a “dead man walking.”
It also noted the case of a woman who it determined had been lawfully committed: She fired a bullet into the wall dividing her apartment from her neighbor’s. That proved she was highly likely to be dangerous in the future, the Appeals Court said.
J.P., the man at the center of Wednesday’s ruling, was civilly committed in October 2017. He has long since left the state hospital. But the ruling has the effect of restoring his right to possess or own guns. Such a prohibition would have lasted indefinitely unless he successfully convinced the state’s Psychiatric Security Review Board to restore those rights.
The opinion was made by a three-judge panel of the Appeals Court: Rex Armstrong, Douglas Tookey and Scott Shorr. Read the opinion here.
I have written about the state-enforced incarceration, torture (via solitary confinement), and medical and inhumane neglect of young Tyler West of Fruitport, Michigan, since I began this blog nearly two years ago.
I have included mention of this mentally ill, ridiculously over-prosecuted victim’s plight in nearly every talk I have given. I’ve contacted journalists, advocates, and elected federal and state officials in and around Michigan. (Senator from the neighboring state of Minnesota, sometime mental health reform advocate, and perhaps presidential hopeful Amy Klobuchar, I am looking at you. https://twitter.com/amyklobuchar/status/705052728171634688
No one answers. Silence prevails among people in a position to rescue Tyler and elevate him to a national symbol of our debased mental healthcare systems: a silence as absolute as that which surrounds Tyler when he is repeatedly thrown into solitary confinement for reasons undisclosed to his parents.
No one. No one. No one, on the evidence, cares about crazy people.
It causes me lacerating psychic pain to think about Tyler West and his inexplicable Bedlam-like imprisonment. (For details, see my other blogs about Tyler on this site.) My helplessness, and his family’s helplessness, in seeking justice for him exhaust and infuriate me no end. I no longer write about him as much as I used to, as much as I should.
The one person in this world who sustains any shred of hope within me, and who inspires me to speak about about Tyler yet again, is his courageous mother, Kimberlee Cooper-West. Kimberlee is a religious and civic-minded woman; and although struggling with her own grief, she has never given up on her violated adopted son. I have quoted many times from her impassioned writing. And today, reading through the Facebook file of my colleague in advocacy Dee Dee Moon Ranahan, I came upon her latest cry from the heart. It follows below. Ms. Stabenow? Ms. Klobuchar? Detroit Free Press? National NAMI? In this season of love and charity and reverence and soul-reclamation, to paraphrase Atticus Finch: “For God’s sake . . . do your duty!”
November 8 was our son Tyler’s 20th birthday. We were unable to say “Happy Birthday” as he was in lock down for five days. Days later, we drove a little over an hour to Richard Handlon Correctional Prison in Ionia, Michigan. (Tyler is number #113697.) We had cake with him. He made a cake from two honeybuns, smashed peanut M&M’s, and a melted Snickers bar on top. He’s inventive. We sang “Happy Birthday” to him.
He’s still our boy. Few mention him. Our heart breaks for what we’ve lost. This is Tyler’s third year away for his birthday. Next, he will miss Thanksgiving and Christmas. He hasn’t been given counseling, education, training, or the proper medications. He’s been beaten up four times since he was incarcerated.
Why couldn’t mental health professionals keep him in an inpatient psychiatric hospital? For the love of God there was no good reason to release our son from the hospital. His safety was compromised. No one was responsible. He was nearly shot at for trespassing. He was an inpatient five days prior to his arrest. He was delusional and hearing voices. What is wrong with this country? Why is there no long-term treatment?
This is a brain disease, ya all. Maybe we should start locking up every grandma and grandpa who is violent or disorderly from Alzheimer’s. Serious mental illness is a disease. It is prodromal to Alzheimer’s. Prisons are corporations. Their goal is money. They need prisoners. Caught up in the system — it’s a real thing.
We are receiving a criminal justice system education. Months are now years. One caseworker, Ms. Williams, calls many people names like dumb, retarded, idiots and pedophiles. Everyone in Ty’s facility is either mentally ill or autistic. She told Tyler, a 19-year-old kid who was only supposed to be in prison for two months, “You’re doing 15 years.” It leaves me to wonder how many have given up from her words.
Ty’s not even provided an inhaler for asthma and chronic lung disease. He has autism and a serious mental illness. When he was in school he was never suspended. He was a target for bullies which was our main concern. Incarceration never crossed our minds. On his birthday, I sent his appeal papers certified to a judge. Hopefully, he will give him an appellate lawyer.
This excellent Mother Jones piece by Samantha Michaels pinpoints one of the worst ongoing atrocities in our criminal-justice system–the indefinite pre-trial incarceration of young mentally ill defendants. This broken system cries out for restorative, enlightened oversight at the federal level.
By the time he turned 15, Jesus G. was hearing voices and having suicidal thoughts. It was early 2013, and he’d been living at the Central Juvenile Hall in Los Angeles for more than a year, though he’d never been tried or found guilty of a crime.
In late 2011, Jesus’ younger brother accused him of molesting him, but Jesus denied the allegations. The clock stopped on his case months after that, when a doctor decided that, due to his hallucinations and immaturity, he wouldn’t understand what was happening in court.
As with adults, when a kid like Jesus is declared incompetent to stand trial, the state can detain him while trying to improve his mental functioning and knowledge of court procedures. But while California law limits the amount of time adults can be confined—often in hospitals—during this process, no such cap exists for children, who are regularly held in juvenile hall instead. As the months passed, Jesus and his attorneys wondered when he would ever get out.
In California and across much of the country, children with cognitive problems routinely languish in custody for months or years while judges determine whether they’ll be able to pick up the skills needed for a fair trial. Most states don’t have comprehensive programs to help these kids become “competent,” as the courts call it, referring to someone who has the ability to assist their attorney with their defense and possesses a solid understanding of the charges and proceedings against them. In one egregious case, according to a legal director at the National Juvenile Defender Center, children were asked to watch episodes of Law & Order to prepare for their trials.
According to California Assembly member Mark Stone, about 300 of the estimated 7,000 wards in California’s juvenile justice system last year were not getting the help they needed to become competent for trial. Now, lawmakers in Sacramento are considering a bill that would limit how long kids are detained after a judge finds them mentally unfit. And it would spell out the services they can receive to get up to speed. Gov. Jerry Brown vetoed a similar bill last year after critics protested that dangerous, emotionally unstable teens might be let loose.
But this year Stone hopes a compromise will be more palatable: In his new bill, most kids could be detained six months while trying to become mentally competent, but those accused of certain violent crimes could be held for 18 months. Some advocates say a year and a half is still far too long to hold a child without trial, but others say it’s a step in the right direction for a system that often feels haphazard at best and an absolute mess at worst.
Before he got to juvenile hall, Jesus was struggling at home. He’d recently moved to California with his mom and told adults at school he was depressed and wanted to die; he tried cutting his wrist because he claimed his stepdad abused him. At age 14, after he was locked up, a medical examiner found he was functioning in some ways like a six-year-old. “For him to understand the reality of what’s transpiring and understand the process, what people are doing with him and what he needs to do in his own defense…those are going to be difficult things for him,” the doctor told the court.
The fight for better juvenile competency laws has roots back in the 1990s. Across the country, a jump in homicides led to a superpredator panic, and delinquent teens were depicted as dangerous criminals. New laws made it easier for them to be transferred to the adult system, where a third strike could land them in prison for life.
By then, courts already had procedures for dealing with adults who weren’t mentally fit for trial, and many states started to apply the same standards to children. But that hasn’t worked out well, says Thomas Grisso, a psychologist in Massachusetts and a leading expert on these issues. Like adults, kids can struggle to understand court proceedings because of a mental illness or an intellectual disability. But many kids aren’t ready for trial simply because they’re immature. Their brains haven’t developed fully, or they haven’t picked up the average knowledge an adult would have about courts, Grisso says, so they require different types of services to get up to speed.
California does have a separate competency law for juveniles, and back in 2007 it was the first state to acknowledge that immaturity could make someone unfit for court. But since then it has lagged behind. “California ended up with one foot moving forward and the other one stuck in the mud,” says Janet Warren, a psychiatry professor at the University of Virginia who helped develop procedures in her state for juvenile competency that are now hailed as a model.
National guidelines written by Grisso and his colleague Kimberly Larson encourage lawmakers to keep kids in the least restrictive environment possible while they study to become competent—ideally at home. In California, however, “juvenile halls have become an unfortunate default holding place for incompetent youth,” public defenders in Los Angeles wrote in an amicus brief, noting that the state doesn’t use residential group homes enough. And California has no hospital beds for these kids, says Jim Salio, president of the Chief Probation Officers of California. “Because there’s no other place to house them, we end up with these minors in juvenile hall. They really should be in some other place.”
Experts recognize that locking them up can worsen their mental health problems, make them less likely to graduate high school, and boost their odds of committing crimes later. In 1972, the Supreme Court ruled it was unconstitutional to detain anyone indefinitely during treatment for competency problems; a person could not be “held more than the reasonable period of time,” the justices wrote. But what’s reasonable? In California, Salio says, some teens are held two or three years.
According to a study in Virginia, most kids can develop the skills needed for trial within three months by studying court procedures with an expert and receiving treatment for any mental health problems if needed. After six months, if a child has not become competent, it’s unlikely he ever will.
During his year-plus at juvenile hall, Jesus continued his schooling but received no services to prepare him for trial, his attorneys told the court, including no ongoing treatment to deal with his hallucinations, depression, and suicidal thoughts. The probation office explained a committee focused on competency programming was still “in the planning stages” and that Jesus probably couldn’t start until the following year.
Albert C., a 15-year-old accused of assault and gun possession, was also locked up in Los Angeles after a judge found him unfit for trial. His programming, according to an amicus brief, involved just 90 minutes a week of going over worksheets with court vocabulary, followed by a quiz. The person who administered the worksheets hadn’t graduated from college or received much training. “He was essentially warehoused for a year with no therapeutic services or treatment,” wrote the Pacific Juvenile Defender Center and local public defenders, noting that doctors recommended he take medicine for attention deficit hyperactivity disorder.
It doesn’t have to be that way. In Virginia, most kids with cognitive problems stay at home while they prepare for their trials. The state has hundreds of trained forensic evaluators who meet with them there a few times a week, typically over three to four months, using an individualized curriculum with interactive animated software, flashcards, workbooks, coloring books, board games, verbal conversation, and role playing. Florida, Louisiana, and Maryland also have comprehensive, state-wide programs for incompetent kids. But some states like California face pressure to spend their money on more hospital beds for the growing number of incompetent adults left languishing in jails. “To put juvenile competence as a financial burden on top of that makes me pessimistic about a lot of states suddenly getting on board,” Grisso says.
Virginia experts counter that it’s cheaper to do it their way. Warren estimates children in her state become fit for trial at a cost of about $5,000 each, while it takes $200 a day to detain a kid in juvenile hall and $600 a day to keep someone in a psychiatric facility. In other words, a few months of treatment and education could cost three and a half times more in juvie than at a kid’s home.
Jesus and Albert both fought their pretrial detention. Neither kid had much luck. Jesus was held in juvenile hall for about 16 months before he was finally released. Albert stayed for about a year until a judge declared him competent and he pleaded guilty to his crimes. In his case, a judge ruled that although local protocols suggested kids shouldn’t be held for more than about four months during competency treatment, that didn’t carry the force of law in California.
Last year, the California Legislature passed a bill that would have put a six-month cap into law, with support from the Chief Probation Officers of California, but the governor vetoed it amid concerns that kids with aggressive behavior would get out of custody too soon. Assembly member Stone tried to put more teeth into the bill this year, with a six-month cap for most kids and an 18-month cap for those accused of certain violent crimes, including murder and rape as well as certain acts of sexual abuse, like the ones Jesus was accused of.
The new bill would lay out the types of services that courts could consider for incompetent kids, things like therapy and medication instead of just workbooks with court vocabulary. And it would encourage courts to look for options besides juvenile hall while still considering public safety, and require them to dismiss the cases of incompetent kids who are only accused of misdemeanors. Lawmakers have until Friday to vote on the proposal.
In the meantime, children are waiting. Dale Major, an attorney in San Francisco, says one of his teen clients has spent about three years locked up without trial, spread out over multiple arrests, after being declared incompetent because of post-traumatic stress disorder, paranoia, attention deficit disorder, and developmental immaturity. “Even though he’s in juvenile court, he’s now 18, sitting in a county jail, getting no services,” he says. “The kid has had no childhood.”
Chris Sharikas at a young age started suffering from paranoid schizophrenia and ended up committing a violent crime, a crime where his sentencing guidelines called for a 7 to 11 year sentence. The state knew that Chris suffered from a mental illness and sent him to a hospital for a short period with the hope that he would become competent to stand trial. The State returned Chris to Arlington County for sentencing. The county jail determined that Chris did not need the medications prescribed for his mental condition and decided to use a different approach. Chris’ mental state deteriorated to the extent that he was no longer capable of showing remorse. This angered the Judge and he gave Chris maximum sentences.
At a Writ of Habeas Corpus hearing the Judge verbally confirmed the long sentences because he did not believe that Chris could recover from his illness. As a result Chris is serving multiple life sentences in a system of punishment because he is ill. Chris who never killed anyone has a longer sentence than the sniper who killed 22 people.
Since when in the United States do we sentence someone to prison simply because they are sick?
Please sign this petition to Governor Terry McAuliffe and ask him to pardon Chris so that he can receive care from a mental health care facility and not suffer a lifetime of punishment because he has a mental illness.
I have posted several blogs about the unconscionable jailhouse ordeal of Tyler West, the 18-year-old mental-illness sufferer who has been held in the Muskegon (MI) County Jail since February (!) while awaiting trial on a felony charge of breaking and entering. (He committed this offense early this year, walking into a neighbor’s house and falling asleep on a sofa while in a psychotic state.) Last week Tyler was beaten up by a violent inmate in a cell. It was the second beating he has endured.
Tyler has suffered unthinkably: deprivation of his medications for periods, stints in solitary confinement for no discernable reasons, and the one previous beating by an inmate. I cannot recall a case in which so much punitive state power and so much negligence for well being has ever been visited upon an ill and essentially peaceful young man. His adoptive parents, Dan and Kimberlee West, have held themselves together with remarkable fortitude as they have pleaded again and again for humane treatment and public recognition of Tyler’s torment.
The futility of finding help for Tyler–legal or through mass-media sources–rivals his ordeal itself in surreality. Together with many of you who read this blog, I have alerted media outlets in Michigan and an NPR program dedicated to investigative reporting. I am–we are–met with silence.
Kimberlee West herself updates the story in the message below, which I reprint with permission from the Circle of Comfort and Assistance Community website.
Please read it, and the letter she sent to the Muskegon County sheriff, and follow your conscience.
Wish with all of my being, I had nothing to post. Unfortunately, that is not the case. Our son Tyler was assaulted again, last week in jail. Tomorrow I will email another letter to Sheriff Poulin. Also I will bring forensic psych report into jail medical and to CMH. It is overwhelming. It is hard to carry on, when it has been one fire after another for the last 3 years. So hard to work like this. Ty has had struggles, but, this is a completely different matter. Admire all of you, who have been doing this year after year. This may be a ridiculous question because I already know the answer. How do ya all do it!? Hope one day we will have real choices! We told the sheriff several months prior, “Ty can’t protect himself”. Please do not place him with violent offenders. They are NEVER proactive! They mentioned placing him in security. What does that mean? Isolation!? The last week it has been hard to have a real conversation with Ty. He seems scared. He will barely talk to us. He fears he will be a snitch. Then someone else will get him. We found out during his video visit. We also noticed he had lost weight. Just wanted to reach through that computer and hug him, never letting go. Daddys and Mommys, if your kids and adult children are with you physically, hug them like there is no tomorrow. It is precious to have them near you! Even if you have rough days. Prayers ya all! Ty has a target on his back. Below is the letter to the sheriff. Hope I get it right?
Hello Sheriff Poulin,
We appreciate your quick response last time we emailed.
This is to inform you as of 10-31-2017, Tyler Daniel West,#131395, continues to be in your care at the Muskegon County Jail. We are Dan & Kimberlee West we are his parents, guardians and advocates. Should anything else happen to our son we hold you responsible for the damage/ or loss of life. We seek, for Ty to be moved to the appropriate pod. He was assaulted last week. Tyler is not violent. He has black eye and his neck, snapped back. He does not know how to fight. The last week he has has had a flat affect. Currently he does not feel safe? He is now a target in this unit. He is not street smart.
Ty was also, assaulted March 11, 2017. Ty has traumatic brain injury as he has sustained, several serious concussions. Tyler has Healthwest,(CMH) Dan Scanlan is his liason. Ty cannot protect himself, which means he is a danger to himself. Should he not be, in either a disabilities, medical/mental or handicap pod? His previous pod, he was safe. Tyler is autistic, and has a neurocognitive disability. He also has a Serious Mental Illness. He has intrusive auditory command hallucinations. Sensory integration disorder and ADHD. We will also send his recent Psychiatric report, from Dr. Harris. Tyler is only 18.
We thank you for your help and hope you have compassion to do the right thing for Ty.