Court Warriors

Page 28

leave her after every visit, year after year. It was clear that the doctors were making their assessments of Pamela with little communication to each other, and no accountability. I asked when Pamela could go to an open unit. The psychiatrist said she was off the list to go to an open unit for half a year. Her medical doctor did not even know she was off the list. And the reason they gave as to why she was off the list made no sense. They initially said she was not taking her medication. But after reviewing her file, it turned out she had been taking all of her psyche medications, but had only missed taking some of her diabetes medications. When I looked at Pamela, who is smart and pleasant to speak with, she was very quiet, and I could see hopelessness in her face, like she was never going to get out of this place. As the meeting came to a close, I stated that we needed to set some goals collectively, which would be about getting Pamela to an open unit. The doctors did that, and we finally had something measurable to assess Pamela’s progress. She had an upcoming evaluation, and if things didn’t change this round, she wouldn’t get a shot at improving her condition for another two years – she would have then done 19 years in a locked unit. The meeting with the doctors haunted me, and Pamela’s attorney saying it wasn’t looking good for Pamela. So I decided to do my own research on cases where the insanity plea was used and how to get a person released from mental institutions. I found two cases that applied to Pamela – Foucha vs. Louisiana, and Jones vs. United States. In both cases, the people were no longer a threat to themselves and needed some pathway to get out, even if it meant them staying on medications. The courts ruled that in both cases their eighth amendment and the fourteenth amendment rights were being violated. They ruled that it is unconstitutional to hold someone in custody in fear of them committing another crime, and that people cannot be held in a mental institution indefinitely. I shared my research information with Rosie at our ACJP Sunday meeting, and then the attorney. Rosie and I met with Pamela’s attorney again. Before her court hearing, he decided to use the information I found. That was great news. t

OUtcome At the evaluation hearing, everyone had their say – the doctors, the District Attorney, Pamela’s attorney, and the judge. Pamela’s attorney presented the case of Jones vs. United States in closed chambers. When they returned, the Judge mentioned the Jones case, and ordered Pamela to be released into a transitional living facility where she will remain there for 90 days. This is the preparation training needed for CONRAP. He then looked at Pamela and said, “You are taking the first steps towards your freedom.” Pamela had a smile from ear to ear. Tears filled Rosie’s eyes and mine. We had finally achieved the hope Pamela needed. If she succeeds in this residential program, she will go to another, even less restrictive environment, with the only condition being that she take her medications. Rosie is an amazing mother. She never stop seeking or believing her daughter would be released from this mental hospital one day. And she was!


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