Comments on: MENTALLY RETARDED TEEN GETS 100 YEARS http://www.johntfloyd.com/blog/2009/07/21/mentally-retarded-teen-gets-100-years/ CRIMINAL JURISDICTION: Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair Sat, 13 Mar 2010 13:21:02 -0500 http://wordpress.org/?v=2.8.5 hourly 1 By: Jody http://www.johntfloyd.com/blog/2009/07/21/mentally-retarded-teen-gets-100-years/comment-page-1/#comment-854 Jody Wed, 30 Dec 2009 00:49:25 +0000 http://www.johntfloyd.com/blog/?p=233#comment-854 Our justice system is too full of injustice. I, too, am in a similar situation. In September 2008, my 45 year-old brother, Michael, who is 8 years old mentally, was caught fondling my 2 year-old granddaughter by her father. Rightfully so, my son was extremely upset and immediately called the authorities. Michael immediately confessed to what he had done ("oh no, I did a bad thing didn't I?), was read his Miranda Rights and arrested. He also, claimed he understood his Miranda Rights, but clearly he did not! He, thankfully, was deemed incompetent to stand trial, but the judge presiding over his case has a reputation for not being very reasonable in the State of WV. We were told he would be under the jurisdiction of the courts for 25 years. He was placed in a State Institution with violent offenders, not necessarily mentally retarded offenders. In the first institution, he was beat up, so they placed him in a second institution. Before being institutionalized, Michael was on home confinement while receiving therapy for six months. He was a model "prisoner" and my mother took him religiously to therapy appointments. He has been deemed by one psychiatrist as "not likely to re-offend." Having grown up with Michael, I do have to say that I am confident he will not re-offend. Given his limited mental capacity, in the past, Michael has had to suffer some sort of pain, whether physical or mental, to realize that he cannot repeat the action which caused it. Sort of like, if you put your hand in the fire and it burns... don't do it again. After he realizes there is a painful consequence for his action, he does not repeat the offense. Michael is not a violent person and has always been very affectionate. Everyone in our community even signed a petition for Michael saying they were not afraid to have him in their community, but the judge has refused to look at this. We have been requesting a second hearing, but Judge "Duke" Bloom has refused our request. Michael has been institutionalized since March 2009. He has been given tests to determine his sexual deviance, which are designed for people of average intelligence. These results are kept on file to be used by the prosecutor of Michael's case, but the results are skewed since Michael is mentally retarded. I wish those in authority would truly understand that Michael's family is not trying to ignore what he did, but we want to get him the best help possible while keeping him in a safe environment. We believe this environment should be his own home. We have suggested that he be given home confinement again with monitoring and perhaps a day-care program where he can receive the same therapy he receives while in the hospital, but can sleep in a safe bed at night. I know the gravity of our situation does not compare to the gravity the Hart family is experiencing and our thoughts and prayers go out for them. Our mentally retarded children have been victims since the day of their birth, but unfortunately, even though their own actions initiated it, they are again victimized by our judicial system. There is no justice and nothing positive coming from their incarceration. Of course, we have to keep the public safe from someone who might hurt them, but we also owe it to our mentally retarded to keep them safe from the people who want to hurt them! Thank you. Our justice system is too full of injustice. I, too, am in a similar situation. In September 2008, my 45 year-old brother, Michael, who is 8 years old mentally, was caught fondling my 2 year-old granddaughter by her father. Rightfully so, my son was extremely upset and immediately called the authorities. Michael immediately confessed to what he had done (”oh no, I did a bad thing didn’t I?), was read his Miranda Rights and arrested. He also, claimed he understood his Miranda Rights, but clearly he did not! He, thankfully, was deemed incompetent to stand trial, but the judge presiding over his case has a reputation for not being very reasonable in the State of WV. We were told he would be under the jurisdiction of the courts for 25 years. He was placed in a State Institution with violent offenders, not necessarily mentally retarded offenders. In the first institution, he was beat up, so they placed him in a second institution. Before being institutionalized, Michael was on home confinement while receiving therapy for six months. He was a model “prisoner” and my mother took him religiously to therapy appointments. He has been deemed by one psychiatrist as “not likely to re-offend.” Having grown up with Michael, I do have to say that I am confident he will not re-offend. Given his limited mental capacity, in the past, Michael has had to suffer some sort of pain, whether physical or mental, to realize that he cannot repeat the action which caused it. Sort of like, if you put your hand in the fire and it burns… don’t do it again. After he realizes there is a painful consequence for his action, he does not repeat the offense. Michael is not a violent person and has always been very affectionate. Everyone in our community even signed a petition for Michael saying they were not afraid to have him in their community, but the judge has refused to look at this. We have been requesting a second hearing, but Judge “Duke” Bloom has refused our request. Michael has been institutionalized since March 2009. He has been given tests to determine his sexual deviance, which are designed for people of average intelligence. These results are kept on file to be used by the prosecutor of Michael’s case, but the results are skewed since Michael is mentally retarded. I wish those in authority would truly understand that Michael’s family is not trying to ignore what he did, but we want to get him the best help possible while keeping him in a safe environment. We believe this environment should be his own home. We have suggested that he be given home confinement again with monitoring and perhaps a day-care program where he can receive the same therapy he receives while in the hospital, but can sleep in a safe bed at night. I know the gravity of our situation does not compare to the gravity the Hart family is experiencing and our thoughts and prayers go out for them. Our mentally retarded children have been victims since the day of their birth, but unfortunately, even though their own actions initiated it, they are again victimized by our judicial system. There is no justice and nothing positive coming from their incarceration. Of course, we have to keep the public safe from someone who might hurt them, but we also owe it to our mentally retarded to keep them safe from the people who want to hurt them! Thank you.

]]> By: Caroline Cherry http://www.johntfloyd.com/blog/2009/07/21/mentally-retarded-teen-gets-100-years/comment-page-1/#comment-570 Caroline Cherry Tue, 25 Aug 2009 18:28:58 +0000 http://www.johntfloyd.com/blog/?p=233#comment-570 This is heartbreaking! I truly hope there is justice for Aaron Hart. Here are some publications I think would interest your readers: The Law Reporter (a periodical) has a big section on criminal incompentence in each issue. The Criminal Mental Health and Disability Law manual is also relevent. http://www.abanet.org/disability/conference_pubs_email.html Mental & Physical Disability Law Reporter Published since 1976, the Law Reporter is the only periodical that comprehensively summarizes legal developments in the areas of civil and criminal mental disability law and disability discrimination law (covers employment). Annual Subscribers Receive: 6 issues Summaries of nearly 2,000 federal and state court opinions, legislation and regulations, and U.S. Supreme Court developments Feature articles, including 50-state legislative compilations Directory of cases and legislation with subject key numbers in each issue, with reference to the Mental & Physical Disability Law Digest Highlights of key developments and trends Alphabetical and subject matter indexes with case citations and word descriptors (Nov./Dec. issue) Survey of employee-employer wins in ADA Title I cases Thank you! Caroline Cherry ABA Commission on Mental & Physical Disability Law This is heartbreaking! I truly hope there is justice for Aaron Hart.

Here are some publications I think would interest your readers:

The Law Reporter (a periodical) has a big section on criminal incompentence in each issue. The Criminal Mental Health and Disability Law manual is also relevent.

http://www.abanet.org/disability/conference_pubs_email.html

Mental & Physical Disability Law Reporter
Published since 1976, the Law Reporter is the only periodical that comprehensively summarizes legal developments in the areas of civil and criminal mental disability law and disability discrimination law (covers employment).

Annual Subscribers Receive:

6 issues
Summaries of nearly 2,000 federal and state court opinions,
legislation and regulations, and U.S. Supreme Court developments

Feature articles, including 50-state legislative compilations
Directory of cases and legislation with subject key numbers in each issue, with reference to the Mental & Physical Disability Law Digest
Highlights of key developments and trends
Alphabetical and subject matter indexes with case citations and word descriptors (Nov./Dec. issue)
Survey of employee-employer wins in ADA Title I cases

Thank you!
Caroline Cherry
ABA Commission on Mental & Physical Disability Law

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