YOUR
HONOR, FOURTEEN YEARS AGO MY CLIENT BROKE INTO A NEIGHBOR’S HOME AND HAD A
FIGHT WITH HIM, SENDING HIM TO THE HOSPITAL FOR SIX STITCHES. AT THE TIME, OF
COURSE, EVERYBODY WHO WAS THERE WAS FRIGHTENED AND UPSET ABOUT IT.
FROM
THEIR FRIGHT AND THEIR UPSET, DIFFERENT PEOPLE CAME UP WITH DIFFERENT STORIES.
NOW, AFTER FOURTEEN YEARS, WE MIGHT NOT BE ABLE TO KNOW FOR SURE, AND IT MIGHT NOT
EVEN BE OUR MOST IMPORTANT JOB TO KNOW, WHICH OF THESE STORIES ABOUT THE SCARY
EVENT FOURTEEN YEARS AGO IS CLOSEST TO TRUE.
WHAT WE
NEED TO DO IS TAKE A RESPONSIBLE LOOK AT WHAT’S HAPPENING NOW, AND WHAT IT
MAKES SENSE TO DO NOW, WITH THIS PERSON, THE DEFENDANT.
FIRST AND
FOREMOST, MY CLIENT DOES NOT HAVE AN INCURABLE BRAIN DISEASE. HE DOESN’T HAVE
ANY BRAIN DISEASE ANYONE CAN SEE WITH ANY INSTRUMENT OR ANY KIND OF TESTING,
WHATSOEVER. DR. COOPER TESTIFIED THAT, OH,
OF COURSE HE HAS A BRAIN DISEASE, JUST
BECAUSE THAT’S WHAT WE CALL IT – NOT BECAUSE THAT ENABLES US TO DO ANYTHING ABOUT IT AT ALL.
ACTUALLY,
SAYING HE HAS A BRAIN DISEASE DOES ENABLE DR. COOPER TO BELIEVE, OR TO PRETEND,
THAT MY CLIENT SHOULD BE TREATED WITH DRUGS. BUT HE’S WRONG ABOUT THAT, AND
HE’S NOT EVEN QUALIFIED TO SAY THAT, WHICH HE ADMITTED, HIMSELF.
NOW I
KNOW YOUR HONOR HAS SAID THAT THIS MEDICATION ISSUE DOESN’T MATTER. BUT PLEASE
BEAR WITH ME; I WANT TO MAKE A RECORD ON JUST A COUPLE POINTS. I WOULD SUGGEST
THAT THE COURT MIGHT WONDER WHY IT
SEEMS TO BE SUCH A CONVENIENCE … FOR
DR. COOPER TO SAY MY CLIENT SHOULD BE TREATED WITH DRUGS, DESPITE THE FACT THAT
HE’S NOT QUALIFIED IN MEDICINE.
I’M SORRY
TO HARP ON DR. COOPER, BUT I THINK THAT YOUR HONOR’S INSTINCT, THAT SOMETHING ABOUT THE DIFFERENCE OF
OPINION BETWEEN DR. GILL AND DR. MO JUST DOESN’T MAKE SENSE, IS ABSOLUTELY
SPOT-ON. I KNOW THESE TWO DOCTORS, THOUGH. TO ME, THEY’RE ALMOST ON THE SAME
PAGE COMPARED TO DR. COOPER.
ALONG
WITH WONDERING WHY DR. COOPER SO QUICKLY MENTIONS DRUGS THAT HE HAS NO ACCESS
TO AND NO LEGAL ABILITY TO PRESCRIBE, WE SHOULD ALSO ASK WHY HE DOES NOT USE HIS OWN, SCIENTIFICALLY VALIDATED
TOOLS AS A PSYCHOLOGIST. I ASKED HIM ABOUT THREE TESTS FOR DANGEROUSNESS, WHICH
WORK IN A PROVEN ACTUARIAL SENSE. HE WAS FAMILIAR WITH ALL THREE OF THOSE TESTS,
AND PROBABLY AT LEAST A HANDFUL MORE THAT I DON’T KNOW. BUT HE SAID IT’S NOT
HIS ASSIGNMENT TO EVALUATE WHETHER THE DEFENDANT IS DANGEROUS.
HOW CAN
THAT BE? WE CAN’T CONSTITUTIONALLY INCARCERATE SOMEBODY IN A STATE PSYCHIATRIC
HOSPITAL UNLESS THAT PERSON IS BOTH
MENTALLY ILL AND DANGEROUS. NOW, MAYBE WE CAN ALWAYS CALL SOMEBODY MENTALLY
ILL, THAT’S ACTUALLY AS EASY AS SAYING WE DON’T LIKE TODAY’S WEATHER.
BUT THERE
ARE PROVEN, VALID PSYCHOLOGICAL TESTS FOR DANGEROUSNESS. ISN’T IT CONTRARY TO
THE PURPOSE WE ARE SUPPOSEDLTY HERE TO SERVE, THAT DR. COOPER CAN SO GLIBLY SAY,
“OH SURE, I’M QUALIFIED WITH THOSE TOOLS OF ACTUARIAL PSYCHOLOGICAL EVALUATION,
BUT IT’S NOT MY JOB TODAY, AND AFTER ALL, FOLKS, THE DEFENDANT DOESN’T TAKE
DRUGS…”
WELL OF
COURSE, THERE ISN’T ANYONE TELLING THE DEFENDANT TO TAKE DRUGS. THERE HASN’T
BEEN ANYONE TELLING HIM TO TAKE DRUGS FOR YEARS.
AS I SAID
BEFORE, WHAT’S NEEDED IS A RESPONSIBLE LOOK AT WHAT IS HAPPENING NOW, AND WHAT
IT MAKES SENSE FOR US TO DO NOW, WITH THIS PERSON, THE DEFENDANT.
WE GET NO
SUCH RESPONSIBLE LOOK FROM DR. COOPER. WHY? HE GIVES US A ROUTINE, OR A WELL-PRACTICED
DRILL, THAT HE CAN LOOK GOOD AT PERFORMING. HIS OPINION IS FROM MANY YEARS AGO,
IT HAS LITTLE OR NOTHING TO DO WITH PRESENT TIME. IT WAS ACTUALLY STARTLING HOW
HE HAPPILY INSISTED, CONTRARY TO ALL SCIENTIFIC MEDICAL EVIDENCE AND WITH NO
CONNECTION WHATSOEVER TO HIS OWN PROFESSIONAL DISCIPLINE, THAT A DSM “DIAGNOSIS” IS IN FACT A KNOWN,
INCURABLE BRAIN DISEASE. NOBODY BELIEVES THAT ANYMORE, IT’S A DELUSION, BY THE DSM DEFINITION.
I MAY
RISK MAKING THE COURT ANGRY WHEN I USE THAT D
WORD, “DELUSION”… YOUR HONOR HAS BEEN IMPATIENT OR FRUSTRATED WITH MY WITNESSES
MORE THAN ONCE. MY WITNESSES HAVE NOT HAD THEIR ROUTINES DOWN PERFECTLY, THE
WAY THE GUYS FROM THE 10TH FLOOR USUALLY DO. BUT MY WITNESSES ARE AT LEAST A
BIT WILLING TO CONFRONT THE FACT … THAT MUCH OF THIS FORENSIC MENTAL HEALTH SHOW
IS NONSENSE.
FOR
EXAMPLE, DR. GILL ADMITTED THAT HE SIGNED A COURT REPORT IN OCTOBER SAYING THE
DEFENDANT WAS NOT SUITABLE FOR
CONDITIONAL RELEASE, EVEN AFTER HE HAD ADVISED ME HE WOULD TESTIFY TO THE
CONTRARY.
DR. MO HEARD
ALL OF DR. GILL’S TESTIMONY, AND HIS BIGGEST DISAGREEMENT WITH DR. GILL WAS NOT
ABOUT THE DEFENDANT’S DIAGNOSIS, OR ABOUT HIS POTENTIAL TO BE DANGEROUS, BUT
ABOUT WHETHER IT’S POSSIBLE AS AN
ADMINISTRATIVE MATTER TO RELEASE HIM WITH HIS PROBLEMATIC IMMIGRATION
STATUS, WHICH MAKES IT HARD TO GET HIM AN AFTERCARE PLACEMENT.
I KNOW
DR. MO ALSO SAID THE DEFENDANT COULD
BE DANGEROUS WITHOUT AFTERCARE. BUT LIKE YOU, YOUR HONOR, I THINK THEY CAN SET
UP SOMETHING WORKABLE IF THEY WANT TO. THE DEFENDANT WOULD AGREE TO ANY AMOUNT
OF SUPERVISION ANYONE WANTS TO PROVIDE, IN EXCHANGE FOR RELEASE FROM ELGIN. I
THINK THEY COULD DEMAND VERY SEVERE CONDITIONS, ABOUT SEEING A DRUG COUNSELOR
OR A PSYCHIATRIST OR PSYCHOLOGIST EVERY WEEK OR EVERY DAY, IF THEY REALLY THINK
IT’S NEEDED, NOT TO MENTION RANDOM DRUG TESTS.
SO WHAT
ARE THESE DOCTORS TALKING ABOUT? IS THEIR TESTIMONY ABOUT MENTAL ILLNESS, OR IS
IT ABOUT THEIR CURRENT, PECULIAR BUROCRACY? ARE THEY ACTUALLY THINKING WITH ANY
SPECIAL CLINICAL KNOWLEDGE, OR JUST TRYING TO COVER THEIR REAR ENDS? IT’S
EXTREMELY FRUSTRATING FOR THOSE OF US WHO BELIEVE IN THE LAW.
ON THE
OTHER HAND, THOSE OF US WHO SAY WE BELIEVE IN THE LAW HAVE HAPPILY ABDICATED TO
DOCTORS IN THE HOPE THAT THEY CAN WORK SOME MAGIC ON PEOPLE’S BRAINS, TO SOFTEN
THE JUSTICE THAT IT’S OUR JOB TO
DISPENSE. WE’VE EFFECTIVELY BEGGED THEM TO MAKE THE DECISIONS, OR TO TELL US
HOW TO MAKE THE DECISIONS, THAT WE THINK ARE TOO HARD.
SO NOW WE
SPEND OUR TIME ON THESE MONTHLY STAFFING REPORTS AND SEMI-MONTHLY COURT REPORTS
FROM ELGIN, AND PSYCHOLOGICAL OR PSYCHIATRIC SUMMARIES FROM THE TENTH FLOOR, WHICH
IF WE REALLY WANT TO LOOK, ARE FULL OF WORDS THAT MEAN NOTHING, FULL OF LIES.
IT’S NOT SO MUCH THAT THE PEOPLE WHO CUT AND PASTE ALL THOSE WORDS, AND
OCCASIONALLY WRITE A COUPLE NEW ONES, REALLY MEAN TO LIE, OR THAT THEY EVEN
REALIZE THEY ARE LYING. HOWEVER, IF WE WANTED TO GO THROUGH ALL THAT PAPERWORK
CAREFULLY, AND IF OUR PURPOSE WAS TO FIND PERJURY AND FRAUD, WE PROBABLY COULD
PROSECUTE ALMOST EVERYONE IN THE DEPARTMENT OF MENTAL HEALTH, AND EVERYONE IN
FORENSIC CLINICAL SERVICES DOWN AT 26TH & CAL.
I CAN SAY
THIS HERE, BECAUSE MY PARTNER AND I HAVE ASKED THE U.S. DEPARTMENT OF JUSTICE
TO DO EXACTLY THIS, IN A FORMAL SUBMISSION OF HUNDREDS OF PAGES.
BUT
GETTING BACK TO THIS DEFENDANT, THIS CASE…
NOBODY HAS
TESTIFIED THAT THEY’VE SEEN ANY HINT OF PSYCHOTIC SYMPTOMS IN A LONG TIME, OR MAYBE
EVER. THE DEFENDANT HAS INDICATED THAT HE KNOWS HE DID SOMETHING WRONG FOURTEEN
YEARS AGO, AND THAT HE NEEDS TO MAKE SURE HE DOESN’T DO IT AGAIN. HE’S SPENT A
LOT OF YEARS IN A HIGH-STRESS ENVIRONMENT, AND EVEN THOUGH HE’S BEEN TESTY WHEN
PSYCHOTIC PEOPLE HARASS HIM, HE HAS NEVER HURT ANYONE. HE DOESN’T HAVE TO BE
DRUGGED INTO DISABILITY TO GET ALONG WITH THE PEOPLE AROUND HIM.
HE HAS
EVERY INCENTIVE, TO BE ABLE TO HELP SUPPORT AND LIVE WITH HIS FAMILY, TO KNOW
HIS GRANDCHILDREN, TO STAY OFF DRUGS AND BE A CONTRIBUTING MEMBER OF SOCIETY
RATHER THAN A MENTALLY ILL DEPENDANT ON THE PUBLIC DOLE. OUT OF HUNDREDS OF
SO-CALLED “PATIENTS” AT ELGIN MENTAL HEALTH CENTER, THIS DEFENDANT IS
PROBABLY AMONG THE TOP HALF DOZEN BEST PEOPLE TO RELEASE RIGHT NOW.
THERE’S
NO REASON NOT TO LET THIS MAN OUT, YOUR HONOR. WE CAN SAY, OH, WE’LL NEVER BE
SURE HE WON’T GET IN TROUBLE AGAIN, BUT THAT CAN BE SAID OF EACH AND EVERY ONE
OF US. WHY NOT JUST PRE-EMPTIVELY LOCK ALL OF US UP, BECAUSE WE’RE HUMAN, AND
THAT BY ITSELF MAKES US POTENTIALLY DANGEROUS? WHY NOT JUST MAKE EVERYBODY
REPORT TO A PSYCHIATRIST ONCE A WEEK FOR WHATEVER “TREATMENT” IS ORDAINED?
WELL,
OBVIOUSLY, THE REASON WHY NOT IS … IT’S
JUST NONSENSE.
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