Wednesday, June 10, 2020

More on Marci Webber's appeal

The following is an excerpt from pages 44-45 of the appellate Reply filed by Marci's attorneys. This case effectively documents the utter corruption of what the public presumes (because it's been sold to them) to be medicine. The point is, coercive psychiatry is NOT medicine. It never was and never will be.

     "The trial court’s September 2019 opinion also supports that Marci had good reason to distrust Dr. Malis and DHS generally. The judge found it troubling that Elgin Mental Health Center falsified Marci’s records at Dr. Malis’ direct request, and as the trial court noted, the State did not rebut this evidence. (C. 783). Specifically, when a nurse, Terry Nicholas, wrote a positive progress note in Marci’s chart, Dr. Malis “was not pleased with this charting and did not want pleasant things regarding [Marci] reported as it would harm his intent to petition the court to obtain an order for forced medication on [Marci].” (C. 783, R. 2880-2882). In this appeal, the State urges that this Court “not consider [Terry Nicholas’] biased testimony.” (Pl. Brf. 45). In doing so, the State is improperly asking this Court to reweigh the evidence and conduct credibility determinations, while also ignoring the fact that it did not present evidence to contradict Mr. Nicholas’ testimony. Moreover, Dr. Malis admitted that he continued to consider ordering involuntary medication for Marci, and his testimony made clear that his basis for considering such an order was not a concern that Marci was dangerous, but as a means to help Marci cooperate with DHS’ rules and expectations. (R. 2710). Such a purpose does not meet the legal standard necessary for court-ordered involuntary medication. 405 ILCS 5/2-107.1(a)(4).

     "The trial court was understandably further troubled by these events at Elgin Mental Health Center in the context of evidence he received at the 2017 conditional release hearing, which amplified serious discrepancies in Marci’s treatment reports from Chicago Read Mental Health Center. (C. 783-784). Marci’s psychologist at the time, Dr. Jock, testified at the 2017 hearing that Marci did not meet the criteria for any mental illness, she did not exhibit suicidal behavior or dangerousness towards others, and inpatient treatment was no longer necessary. (R. 844, 846, 849). Likewise, Marci’s social worker, Dr. Menezes, similarly testified at the 2017 hearing that Marci did not have a mental illness, was not a danger to herself or others, and did not require inpatient treatment. (R. 801, 805, 807). Yet, both professionals signed Marci’s treatment plan reports that stated she continued to require inpatient care due to her mental illness. (C. 521). Despite this very troubling evidence, throughout its brief the State characterizes Marci’s distrust of DHS as “paranoid” and “delusional.”

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