Closing Arguments

Following are closing arguments in a petition for discharge from custody of the Illinois Department of Human Services. The defendant is committed as Not Guilty By Reason of Insanity. Dr. Gill and Dr. Mo are treating psychiatrists at Elgin Mental Health Center. Dr. Cooper is a psychologist with Forensic Clinical Services, a department within the Cook County, Illinois Circuit Court, Criminal Division, assigned to do an independent evaluation.

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 26^TH & 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.

A Call for a U.S. Department of Justice Investigation

The United States Department of Justice must investigate several Illinois institutions supposedly engaged in providing forensic mental health services, for systematic corruption, violations of human rights, and honest services fraud.

The Illinois Department of Human Services, the Department of Forensic Clinical Services of the Cook County Circuit Court’s Criminal Division, and possibly several other departments and institutions run by the State of Illinois, consistently coerce or force individuals to accept mental health “treatment” programs based primarily on psychotropic drugs, despite certain awareness or full knowledge that those programs are contrary to the medical interests of those individuals, and to the interests of the community. Incriminating, direct evidence of this was recently turned over to the United States Department of Justice.

This scheme, pattern or practice is believed to have been conceived and continually perpetrated for financial advantage, or to willfully evade contractual duties and clearly agreed terms and ethical standards of public employment, over a period of many years, by certain individuals employed or contracted by the state.

Psychiatric medications cannot be considered as general cures for mental diseases. They only have very specific, and severely limited, valid uses. Labels such as “schizophrenia” or even “mental illness” itself are scientifically meaningless. The State buys inappropriate medical and technical solutions to social or political problems.

Anyone in state custody considered “mentally ill” is expected, required or forced to take drugs whether they like it or not, and whether or not there is any reasonably expected benefit. Illinois’ forensic mental health regime is one of unmerciful coercion and classic thought reform, cynically disguised as modern scientific medicine, which it most emphatically is not. Patients are essentially required, or systematically “educated” to profess belief in utter falsehoods. No M.D. psychiatrist with any eye on potential malpractice liability would ever make the statement that antipsychotic or antidepressant drugs are like vitamins, except in a state forensic institution, where coercion by any method, including flat-out lies, is just the way business is done. Scientific medical reality argues compellingly against the universal compliance with psychotropic medication which Illinois’ forensic mental health officials demand. 

 

U. S. Secretary of State John Kerry told the World Economic Forum gathering in Davos, Switzerland on January 22, 2016, that governmental corruption fuels crime, violent extremism and disillusionment with society. His words are as apropos an indictment of the so-called forensic mental health system in the State of Illinois as they are of any two-bit third world dictatorship:

There is nothing, absolutely nothing, more demoralizing and disempowering to any citizen of any nation than the belief the system is rigged against them and that people in positions of power are … crooks who are stealing the future of their own people.

If anyone is tempted to believe that violent, insane offenders are a different matter, that they are not really citizens, and that they shouldn’t get much broad public consideration, it may be instructive to recall Matthew 25:40:

Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me.

           We simply cannot have as many exceptions to the rule of human dignity and human rights as forensic psychiatrists and their supporting bureaucrats in the State of Illinois want, merely for protection of their own status and turf. These people, so-called “experts”, have totally failed to do the job they were assigned by society two generations ago. Maybe it was a bad assignment to begin with, but they have covered up their failure and the longer their cover-up continues, the more complicated it becomes and the greater the necessary corruption.

The U. S. Department of Justice must relentlessly investigate state entities and indivuduals for graft (e.g., taking kick-backs or favors from pharmaceutical companies, drug supplier middlemen or wholesalers to meet purchasing targets and ensure continuing or renewed state business), falsification of psychiatric and medical records to meet diagnostic criteria, perjured court testimony in cases involving mental health issues, extortion of compliance with unwanted treatment, conspiracy to violate civil and constitutional rights, and honest services fraud.