For Mark Rippee, Another Calamity—Yet Hope Arises

The voices of the growing grass-roots movement to reform mental healthcare are at last rallying to demand justice for perhaps the most dispossessed victim in America.

In a town in America, here in the Twenty-first century, a man has been left to die. A maimed and blind and deeply mentally ill man. 

He has been left to die in this town for thirteen years. Right out in public, on the city streets, where everybody can see him. And beat him and rob him when they feel like it. And nobody with any statutory power over his predicament seems to give a damn.

A technical clarification: this man is not on the streets of Vacaville as I write these words. He is in critical condition in a hospital, bandaged and splinted and broken after being struck by a car at a traffic intersection at dusk on February 12. (It is the second time this man has been hit.) 

His injuries include a fractured skull and bleeding from the brain, facial lacerations, lung contusions, a dislocated shoulder, a shattered elbow, a decimated leg, and bruises that blanket his body.

Mark Rippee
Mark Rippee

But it’s a safe bet that after the surgeons have him all fixed up—it could take months—he will be ushered back out onto the streets, where the cars he can’t see and the thugs whom he cannot fend off will help him resume his accustomed existence.

The man has a name: (James) Mark Rippee. The city has a name: Vacaville, California. The situation has a name: depraved indifference to the survival of a human being. 

I just made that name up. Actually, I borrowed it from legal parlance. Its definition: “Conduct which is so reckless, wanton and deficient and lacking in regard for the lives of others as to warrant the same culpability as the individual who actually commits a crime.” 

Here is the crime that Mark Rippee has committed: the crime of existing while crippled, blind, and insane. Are there any questions?

I’m sure there are lots of questions. I have lots of questions myself. Or I used to. I have written so often about Mark Rippee since I became aware of his plight that the words I write about him seem to turn to dust. I have written blog posts about him here and here and here. I have written speeches to mental-health reform groups in which I summarize his story. I have written directly to media outlets, to lawmakers, and to civic leaders in Vacaville and elsewhere. And the streets still claim Mark Rippee. 

The bare-bones story—as it were—is that Mark Rippee was involved in a terrible motorcycle crash in June 1987, at age 24, that left him nearly dead, with bits of his brain scattered near the site, his eyes and his right leg destroyed. You can read the details in my links. 

Somehow he survived. But over the years, his traumatic brain injury (TBI) has morphed into schizophrenic-like thoughts and behavior. His power to reason vanished. His mother and his twin sisters Linda Privatte and Catherine J. Rippee-Hanson tended him in the family household for eighteen years, until his deformed brain turned him into a raging menace. He left the household and has made his way on the streets, where his sisters—both of whom have developed serious illnesses of their own—bring him food, clothing, canes. Vandals keep stealing all of it, and often also the money given him for food and other needs.

Why doesn’t somebody rescue Mark Rippee? Why doesn’t some agency . . . why doesn’t . . .

Those are very good questions, and I’m glad you asked them. But the answers are buried within the folds of incoherence that comprise so much of the American mental healthcare system. Or systems. Or “systems.”

Mark Rippee is a victim of a perfect storm of gothic bureaucracy. The pertinent bureaucrats at Solano County and California state levels have exhibited no discernible interest in finding any way to counter the bureaucratic snafus with a humane solution that would get this man into supervised care and treatment. 

One might even say that they are hiding behind a “humane solution” that actually exists. This solution would begin with a declaration from a psychiatrist that Mark Rippee’s accident left his brain with “diminished capacity.” This ruling would permit Mark’s family to place him in an appropriate facility and/or to establish a conservatorship that would give them discretion over his affairs, including psychiatric care. 

No dice: hospital psychiatrists have consistently, and weirdly, denied that Mark Rippee has “diminished capacity.” 

And the reasoning behind this confounding denial? Well, it’s none of your business what the reasoning is. The hospital is protecting Mark Rippee’s rights, you see. Protecting them by way of the cartoonish Health Insurance Portability and Accountability Act. HIPAA was designed to ensure a patient’s “privacy.” “Privacy” that prohibits even family members from learning the medical procedures and condition of a patient. There’s an irony there, in case you missed it.

Catherine and Linda have fought tooth and claw, over parts of three decades, to tear through the self-serving laws and policies that keep Mark in a near-feral state. Two years ago, Catherine plunged into work on a petition in support of a California bill known as AB 1971. AB 1971 would have expanded the existing definition of “gravely disabled” to include medical treatment for a patient if the lack of treatment “may result in substantial physical harm or death.” It would have secured treatment for Mark Rippee. Catherine collected 82,000 signatures in favor of the petition. 

In April 2018, the Disability Rights Education and Defense Fund, one of several lobbies that oppose conservatorship and deny other needs of the mentally ill, signaled that it disapproved of AB 1971. The California Hospital Association also weighed in on the negative side.

AB 1971’s sponsors pulled the bill.

The sisters’ determination would be the stuff of heroic legend, if we lived in a country that valued heroic legend. In the wake of Mark Rippee’s second brush with death by an oncoming car he couldn’t see, Catherine has released a new petition. It demands intervention from California Governor Gavin Newsom to rectify this travesty of public policy. It reads in part: “While we hold the County of Solano and many officials, departments and agencies responsible for not preventing this second tragedy that we told them would happen – We also demand that the State of California and in particular – Governor Gavin Newsom – whom we have previously attempted to contact – PAY ATTENTION TO THIS SITUATION and ACT accordingly!”

Here is a link to the petition.

Moreover, thanks to the sisters and the Internet, word of Mark’s ordeal is spreading at the grass-roots level. Activists around the country, alerted to the nightmare, have begun writing letters demanding justice for Mark.  

Here are two. Their tone of indignation and urgency is echoed by many more. 

From Donna Erickson of Massachusetts:

“Hello, I’m writing to voice my concern, in regard to a homeless individual named James Mark Rippee. As you probably know, he is severely disabled both mentally and physically. Being blind only further complicates his poor condition. The real tragedy here is that none of this is his fault. Severe mental illness is a disease nobody chooses. Many who are afflicted are unaware of how sick they are, because of anosognosia, which is lack of insight, a condition that is a manifestation of the illness itself. It is not his fault that he repeatedly walks into traffic. 

“His brain is broken, and he cannot see. Someone in this condition should never have been put on the street. So now he is hospitalized for another accident, resulting in critical injuries, including a skull fracture, brain bleed, and broken bones. He will need many surgeries. 

“His family is devastated, because they tried so hard to get him off the streets. But the laws get in the way. This poor man requires a hospital, rehab, and eventually a long-term residential facility. If he is an elopement risk, then there are locked facilities. Mark’s value as a person is no less than any of us on Earth. He has fallen through the cracks of a very broken system. 

“How would you feel if this was your family member? Mental illness can strike anyone. He is not a nobody. He is a family member of caring individuals who have tried everything in their power to help. The tragic part is that this all could have been avoided, if only someone had truly cared and listened. Keeping someone on the streets in his condition is disgraceful. And it shouldn’t matter what he says. He is unable to make a rational decision, which is in his best interest, due to his illness. 

“The system has failed him, because no one intervened, even though the family had begged and pleaded. I had to voice my concern, because this could have been my son. This could have been anyone’s son, and we need to start taking care of our most vulnerable citizens!” 

And from the Maryland advocate Laura Pogliano:

“My friend [Catherine] Hanson and her sister Linda Rippee have been trying to help their brother Mark for 13 years; a motorcycle crash left him with no eyes, a severe brain injury, broken bones all over his body, a metal rod in his leg, and as a result of TBI, schizophrenia. He’s been on the streets for years, being victimized, robbed, beaten and neglected. They’ve been denied help for him over and over by the county they’re in, by hospitals. 

“He’s been admitted to, by group homes, by every support service you can think of. He was hit by a car a few months ago and while inpatient, one sister’s medical power of attorney was revoked, and the psychiatrist sided with his delusional raging patient, that he was capable of making his own medical choices and caring for himself (blind and floridly psychotic). He was discharged to a group home and lasted about a week.

“Now, living on the streets, Mark’s been hit by a car again! Only this time, he was thrown into the air and smashed his face against the driver’s windshield. He’s in bad shape, has another brain injury, the leg with the metal rods is shattered, his shoulder is dislocated and he might lose what’s left of his teeth.

“He’s going to need months of hospitals, multiple surgeries, and extended care. And guess what? He’s in the same damned hospital that battled back against his family and discharged him to the streets.

“Mental health care in America. You stand a slight, very slight chance of making it, if you’re healthy enough to ask for help and participate in it. If you’re really, really sick, you’re screwed.”

In a city in America, here in the Twenty-first century, a man has been left to die. But in America, the voices of reclamation are arising to insist on his right to live.

Demand Justice-Virginia Gave Mentally Ill Teen Two Life Sentences For non-Capital Crime!

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.

Visit: Change.org

Update on Jack Greene

Greene, whose impending Nov. 9 execution I condemned in my previous post, is likely suffering from one of serious mental illness’s most insidious and common “companion” affflictions, anosognosia. (The term is Greek for lack of insight, and is explained here: http://www.treatmentadvocacycenter.org/key-issues/anosognosia.) I have seen anosognosia at work in both my schizophrenic sons, and can attest that its victims can make very convincing cases that they are “normal”–because that is what they believe. Greene appears to be another example.

The violent mentally ill comprise a small percentage of those afflicted. Yet they are among the most feared and despised of society’s scourges, and many people mistakenly equate schizophrenia with homicidal tendencies. http://depts.washington.edu/mhreport/facts_violence.php Very often, they have descended into a violent state because their brain disease has gone unmedicated, and thus worsened over time.

The Arkansas prison administrators who may soon exercise their power to kill Jack Greene appear to be equally clueless about the general nature of brain diseases such as Greene’s. They are physical genetic flaws that cannot be cured. Their effects can be modified by proper medication. Untreated, their victims lose all power to understand reality or control their actions.

If the November 9 execution goes forward, Jack Greene will die, but the real culprit–the disease that destroyed his reason–will live on, doing unspeakable human damage. It will continue to operate under the cloud of ignorance that still obscures justice for the mentally ill.

Take Action

Please watch the video below to learn more about Mr. Greene and share his story with friends.

Click here to sign the petition to grant mercy to Jack Greene initiated by the Arkansas Coalition to Abolish the Death Penalty.

Arkansas poised to execute man amid fight over mental health
His lawyers want doctors to have a greater say in determining his mental competency.

In this on Oct. 4, 2017, frame grab from video, Arkansas death row inmate Jack Greene appears before the state parole board at a prison in Varner, Ark. Greene is scheduled to die Nov. 9, 2017, but his lawyers are arguing that he is severely mentally
In this on Oct. 4, 2017, frame grab from video, Arkansas death row inmate Jack Greene appears before the state parole board at a prison in Varner, Ark. Greene is scheduled to die Nov. 9, 2017, but his lawyers are arguing that he is severely mentally

via ABC News

Jack Greene’s lawyers say he’s severely mentally ill. The Arkansas death row inmate says they’re lying.

As Greene approaches a Nov. 9 execution date, his lawyers are raising questions about who should determine his mental competency. Arkansas gives considerable weight to its prison director’s opinion in deciding whether a condemned inmate has the mental capacity to understand his execution; Greene’s lawyers want doctors to have a greater say.

“The system is really quite antiquated,” John Williams, an attorney for Greene, said in an interview. “(Prison director) Wendy Kelley is an arm of the state. She doesn’t have the expertise to make that determination.”

Greene was convicted for the 1991 killing Sidney Jethro Burnett after Burnett and his wife accused Greene of arson. At least one court this week will take up Greene’s case.

The inmate hasn’t always made it easy for his attorneys. While pleading for clemency, he told the Arkansas Parole Board this month that his lawyers are wrong to call him “delusional” and that courts have routinely found him competent. He also told the board, “I knew what I was doing to him,” when he tortured Burnett for an hour before shooting him. When a doctor testified that Greene has done headstands during examinations and even in courtrooms, Greene told the panel that he does yoga to remain “functional.”

Williams says the seemingly lucid moments mask severe mental illness.

“A lot of people who are mentally ill don’t think they’re mentally ill,” the lawyer said.

The case has drawn the attention of both the American Bar Association and a collection of 28 mental health professionals, who wrote to Gov. Asa Hutchinson saying it would be “morally and ethically wrong” to execute Greene.

“Mr. Greene’s illness manifests itself in extreme physical contortions, in self-mutilation, and in delusional beliefs he holds about a conspiracy against him between his attorneys and prison officials,” the mental health professionals wrote.

Greene stood throughout his Oct. 4 appearance before the Parole Board, fidgeting and fumbling through documents that, he says, promised him a transfer to his home state North Carolina, where authorities say he killed a brother days before killing Burnett. Bloodied, rolled up strands of tissue stuck out of both ears and his left nostril; his lawyers say that is a symptom of Greene’s mental illness.

“If I could go back to North Carolina and get medical treatment, that would be great, but if not, let’s come on with this execution,” he told the panel.

Williams says Greene believes he’s being executed because he uncovered a purported (and to Greene, successful) conspiracy among guards and lawyers to torture the inmate and dissolve his central nervous system and spinal column.

“He thinks that the Department of Correction cannot send him back to North Carolina because he knows too much about what has happened to him in prison,” Williams said. “They won’t send him back to North Carolina, so they have to execute him.”

Baloney, state lawyers say. North Carolina sent Greene to Arkansas for his murder trial on the condition that he would be returned if he received any sentence other than the death penalty. Greene knows a transfer is a lifeline, Assistant Attorney General Kathryn Henry said.

The governor said Friday that he was still reviewing Greene’s file after Parole Board members recommended that he not spare the inmate’s life.

Greene’s execution would be Arkansas’ first since it put four men to death in an eight-day period in April.

http://abcnews.go.com/US/wireStory/arkansas-poised-execute-man-amid-fight-mental-health-50794313

An Insane Consequence, and a Monstrous Violation-in-Progress

Unless a national petition sponsored by an Arkansas social-justice group succeeds (see the bottom of this blog), the life of a hopelessly insane man will be extinguished by the Arkansas Department of Corrections on November 9, less than two weeks away at this writing.

Jack Greene was convicted of murder in 1991. Greene’s lifelong history of suffering abuse, organic brain damage, psychotic disorder, and intellectual impairment amount to traditional grounds for being spared the death penalty. That history cries out for psychiatric attention and, yes, perhaps lifelong confinement. But not death. Yet, as this essay by Jessica Brand of Injustice Today reveals, Greene’s legal representation has been spectacularly clueless and negligent. The jury in his capital murder trial never received evidence of the manifold damages to his brain.

Jack Greene is the embodiment of what can (and often does) happen when a state criminal-justice system loses its fundamental sense of justice. But he is also a maimed human being who does not deserve to die for the violence impelled by a deformed brain.

Please sign the petition below, and repost this–and help in the effort to ward off what Brand rightly calls “a stain on our country’s moral conscience.”

Commentary: “It Is So Loud Inside My Head”
The words of a mentally ill man the state of Arkansas hopes to execute on November 9th

via Injustice Today

Photo: Arkansas Department of Correction

Photo: Arkansas Department of Correction

It is so loud inside my head. It feels like electrical impulses are going through my head all the time. If you took that pen and tapped it on the table I can feel it all the way down my spinal column. It is so loud inside my head.”

Those are Jack Greene’s words. He is the 62-year-old man that the state of Arkansas hopes to execute on November 9th for the 1991 killing of Sidney Burnett. Greene suffers from crippling psychiatric deficits, a possible intellectual disability, and a mental illness so severe that there are questions about his competency. He received such grossly inadequate representation at trial that the jury that sentenced him to death never heard of his devastating mental illness — a refrain all too familiar in capital cases. The state is aware of the glaring problems in Greene’s case, but it still hopes to execute him next month.

Greene, for example, regularly stuffs his ears and nose with paper “to alleviateperceived (but delusional) injuries.” Sometimes he intentionally causes his nose to bleed, and guards discover his face covered with blood. He eats out of his sink; his toilet is his desk. He thinks his central nervous system is totally destroyed, caused by, in his words,

[t]he prolong and repeated injuries on me . . . by staff of the Ark. Dept. of Corrections with the deliberate permanent destruction of such vital bodily functioning organs that’s caused injuries so severe and traumaticly [sic] inflicted to my brain, head, left inner ear, etc. . . . for all of which is so painfully torturing and inhumane I can no longer humanly function properly and live with.

He believes that his ex-attorney, the prison warden, a nurse, and a prison guard have conspired together (in that “chronological order”) to destroy “these vital functioning organs,” and that they are also preventing him from being extradited to North Carolina, where he could receive adequate medical care. He thinks his looming execution is part of this conspiracy.

Doctors believe Greene has organic brain damage. He has had a serious head injury in the past, and neuropsychological testing reveals damage to his frontal lobes. Several experts who have examined him have diagnosed him with a psychotic disorder, and his current lawyers are certain he is not competent to be executed. He also might be intellectually disabled, a status that, like incompetence, would render him categorically ineligible for the death penalty.

Then there is the trauma and the familial mental illness visible in many of Greene’s relatives. Greene’s father killed himself when Greene was an infant. His mother would later overdose on pain pills, and his brother later shot himself. Greene’s grandfather physically abused him and his siblings, sometimes rubbing salt in the wounds he caused. Greene lived in a house with no running water, electricity, or plumbing. At eleven, his grandfather handed him over to a notorious state-run training school for boys. While there, Greene was sexually and physically abused.

The evidence described above is the type that often causes juries to spare someone’s life, according to the findings of the Capital Jury Project. But at Greene’s sentencing trial, his attorney did not put on a mental-health expert and he presented no other mental-health evidence, although the signs of his illness were readily apparent. Instead, to convince the jury to spare Greene’s life, his lawyer presented a measly 46 pages of testimony, 33 of which were read from a cold, emotionless, transcript from a prior proceeding.

What happened next is equally disturbing. During post-conviction proceedings, an expert found that Greene might be intellectually disabled but stated that he needed to do additional testing to confirm. Greene, insistent that his lawyers were conspiring to torture him, asked the district court to withdraw the claim. He accused the Federal Defender’s Office of “making [him] out to be some kind of incompetent retard to get their office appointed to [his] case and try and cover up crimes of inhumane injuries maim and torture.” The judge found Greene competent to abandon this potentially life-saving claim and withdrew it. No court has ever heard it.

Perhaps the most shocking thing in Mr. Greene’s case is that, with a little more than two weeks until the scheduled execution, he has yet to receive a hearing to determine whether he is competent for execution under U.S. Supreme Court precedent that bars the execution of persons who lack a rational understanding of the punishment they are to receive. Arkansas’s unusual statute gives the Director of the Department of Correction sole discretion in making competency determinations. This means that the same person who is in charge of carrying out Mr. Greene’s execution also gets to determine –without a fair and independent court hearing — if he is competent for execution.

If the state has its way, Jack Greene will join a group of four other men executed by Arkansas in 2017, a group that to a man suffered from the most debilitating illnesses and trauma and received the worst lawyers. Ledell Lee, who might have been intellectually disabled, had lawyers who tried to withdraw from his case, citing a “gross [ethical] conflict,” a drunk lawyer, a mentally ill lawyer, but never, until it was too late, a competent lawyer. Marcel Wayne Williams had a mother who pimped him out for sex at ten and who tortured him by pouring boiling water on him and covering him with tar; Kenneth Williams may well have been intellectually disabled; and Jack Jones suffered from extreme physical abuse, was brutally raped by strangers, and suffered from bipolar disorder. Juries never heard these stories because of ineffective lawyering.

What is happening in Arkansas is a stain on our country’s moral conscience. Under the Eighth Amendment, the death penalty is supposed to be reserved for the worst of the worst, society’s most culpable. The prosecutors’ continued push for death in the face of severe illness and trauma, never heard about by juries, flouts that constitutional promise. And each time a court allows a state to carry out the harshest of punishments on the most impaired and least represented, it mocks the promise of justice. Will a court finally recognize this reality and intervene? Or will Greene become another tragedy in a system that is completely and utterly broken?

Take Action

Please watch the video below to learn more about Mr. Greene and share his story with friends.

Click here to sign the petition to grant mercy to Jack Greene initiated by the Arkansas Coalition to Abolish the Death Penalty.