Thursday, May 10, 2007

On Tragedy

One of the problems with blogging about a job like this in a town this small, is that there are some times when you can't write about what you want to. I'm semi-anonymous, meaning select people know who I am, but the general public does not. And I would prefer it to remain that way. For example, I'm not thrilled with the idea of someone at the local newspaper finding my blog, and linking it to me. (They haven't, yet). I figured you all deserve an explanation about why I haven't blogged much in the past few months.

It's mainly because what I really wanted to write about was a certain (quite serious) case that had been ongoing for over a year, and that is now finished. (Caveat: I'm not divulging confidences, this is all public record and most of it was in the paper.) The whole situation is immensely tragic. The original charge was an "open" count of murder, meaning the state could file for the death penalty. My client had stabbed a girl upwards of 30 times with a steak-knife and then shot her with a composite bow and arrow. She had been my client's best friend's girlfriend. They were to be married. She had a 3-month-old baby, who saw the whole thing.

My client had been released less than a week before this from a mental health hospital, in a town far from his home, with no money, no transportation, and his prescriptions. Not the actual meds, just prescriptions on pieces of paper for his anti-psychotic medications. He had begged them not to discharge him, he was afraid he would hurt someone. They discharged him anyway.

His hope for the outcome of all this was to be sent to the State mental health hospital forever, so this would never happen again. He was extremely remorseful, and initially wanted to receive the death penalty. The only way to get him to the mental hospital would have been to have the judge find him incompetent to stand trial and dangerous. However, by the time the competency evaluation took place, he had been stabilized and was competent.

Ultimately, he pled to second degree murder and tampering with evidence, and was sentenced to 26 years in prison. He absolutely did not want to put the victim's family through a trial, even though he had a viable insanity defense.

The sentencing hearing was gut-wrenching. Ten of the victim's family members spoke. I have never sat through a longer, more difficult hearing in my life. The most tragic part of this whole thing is that all of this could have been prevented. One life was extinguished, another destroyed, and innumerable lives were changed forever. All the result of the lack of proper mental health care.

7 comments:

Jana Swartwood said...

Oh my gosh.... I don't even know what to say.

Anonymous said...

I'm so very sorry for everyone concerned. The knowledge that you cared depply and did what you could may feel hollow, but at least you have that.

What can be done to prevent a recurrence? If the hospital were sued by the victim's family, might they change their policies to be more careful about discharging people?

Ruth said...

I think the victim's family are working on that. But I don't know what the chances of winning a civil suit might be. If the hospital simply settles, that may not change anything.

mozartmovement said...

All efforts should be made to call the doctor, hospital, whoever was involved in discharging him with inadequate follow-up, to accountibility. A lawsuit, even if you perceive that the hospital would "simply settle," could at least raise awareness of the problem. I am sympathetic to the fact that sometimes the doctor's hands are tied, and he's put between a rock and a hard place. He may have _wanted_ to hold the pt, but needed to discharge him once he seemed well--you can't confine a person for what he "might do" can you? Perhaps if this case were adequately publicized (I hate to say exploited), some good could come of it, bringing to higher visibility the need for adequate, continuing, mental health care in your state. I'm so sorry for all you had to go through with this. I know you put your heart into it.

Ruth said...

I'm not entirely sure what all went into the decision to release him. It is true that you can't confine a person *against his will* for things it's possible he might do in the future. However, my guy *voluntarily* admitted himself, and *wanted* to stay. The primary problem I see is that there is never enough space in either that facility (primarily for crisis cases, to stablize folks) or the State hospital. (And I'm sure that had a lot to do with the reason for his discharge.) I do think this should be brought to the attention of the public, as well as the "Powers that Be." Filing a civil suit is out of my hands. The main thing I think we need is *funding* for mental health services, including expanding the state hospital, perhaps some group homes, and adding outpatient services throughout the state. Fat chance of that while our governor is off running for president.

Anonymous said...

I've noticed from comments to your previous posts that you have quite a bit of company in your concern for the mentally ill. Are there mental health advocacy groups in your area that could be mobilized to lobby for specific needs, especially outpatient followup? If so, your notes and suggestions could be valuable to them. Congressmen and senators might be willing to listen--the governor's preoccupation probably doesn't matter all that much.

Frolics and Detours said...

What a shame. Such a sad story for everybody involved.