Mental Health Needs to be Addressed by the Law

Every day we see examples of the mentally ill being misunderstood and therefore mishandled by law enforcement and then by the District Attorney's Office. One of the mainstays of my platform is that when elected to office, I will take this problem by the horns, address it and put safeguards for the community and the mentally ill into place.

What happens now and very often indeed, is that if there is a mentally ill person in a family and the family needs help controlling the individual there is really no one to call. If the family calls the authorities thinking they are going to get someone trained to deal with the mentally ill, they are woefully wrong. The El Paso police are infamous for shooting and killing the mentally ill. If the individual is not gunned down in his home or front yard he is more often than not taken into custody and charged with a garden variety of crimes, i.e. assault, criminal trespass, etc. The individual spends days, even months, in jail and if there is family, they try to get him out, sorry they ever called for help.

The person is then formally charged by the district attorney's office and it is now time to go to court. The family and the defense attorney explain to the assistant DA that the person is mentally ill and DID NOT POSSESS the requisite intelligence to knowingly or intentionally do anything. You show them doctors' orders, medical history, prescriptions for psychotropic drugs, and they don't care and amazingly they are not trained to understand the legal implications of mental illness on their case and even if they do understand, they are not going to get into trouble with their supervisors by doing the right thing and dismissing the case. They tell you to file your motions for a competency trial... and here we go on the merry go round.

You file your motion for a competency trial and by that time the individual has been in jail and on his meds long enough to understand his surroundings to pass a competency exam. The jury (that would be you) is hauled in and the doctor testifies as to how competent the person is to stand trial. The jury finds the defendant competent and here we go to the actual trial.

Another month or so passes and the individual is still in jail. Here comes the jury again, (that would be you) taken from jobs and out of their homes, and well what do you know. The DA's office dismisses the case because they know they can't win because the person was not on his meds when he got hauled into jail and cannot therefore be held accountable before the law and well, pluss, it's a stupid case and the family wants him home anyway. Here is your dismissal and thank you very much for doing business with us. They then thank you the jurors for coming down and explain to you what great Americans you are but that your services are no longer needed because "the case has been settled."

As District Attorney, I will set up a comprehensive special mental health unit staffed with professionals in the field including lawyers who have dual degrees to review just such cases, to avoid just such scenarios, to listen to what the defense attorney has and to listen to the family. We need to discern in the beginning of a case whether the individual had a criminal episode or a mental health episode and use our limited resources wisely. Why spend money housing someone in jail and bringing in hudreds of jurors when we can work with the County Attorney's office, which has a mental commitment unit (they won't take people with pending charges) to get them into a hospital which is where they belong and on meds?

El Pasoans can no longer afford to ignore this huge problem. With a poorly trained police force and no elected representatives addressing this issue and a sitting district attorney who is business as usual while the jail swells (and the DA himself coming out publicly asking the Sheriff to admit even more people, those who have not been seen by a magistrate...DIMS) with the mentally ill and the jurors are leaving behind work to come listen to a case that will in the end be dismissed because there was no crime, something has got to give.

This is not that difficult to try and fix. However, the problem requires an elected official who admits there is a problem (instead of hiding the mentally ill and chaining them to a radiator in the attic as does my opponent, to the terrible detriment of this community), understands the problem, and hires the right people to deal with it and uses available resources to do so.

Comments

Posted by justrite  
on March 29, 2007, 1:06 pm
I agree completely with your assessment of the handling of the mentally ill by our police dept. and our so called system of justice. The police involved in the most recent fatal shooting should never have entered Mr. Saquero's home without at the very least a trained professional there to negotiate. This was a case of excessive force hours before it even should have been considered. The case of Mr. Ecker on Emory was a similar situation. It is clear to me that the EPPD is trained to act recklessly and mindlessly first, and let their supervisors and this DA clean up the mess afterward. Very sad for the families involved. My heart goes out to them.

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Posted by theresa  
on March 29, 2007, 8:32 pm
Dear Justrite and XADA,

Despite the best spin from the PD, the community has seen enough mentally ill people get massacred in their own homes by the so called trained professionals to know they ain't trained professionals. And of course there will be a whitewash by the investigators saying that the officers did a great job and that they are in fact heroes for gunning down a scared, sick man with a bottle of bleach.

The reality is that the police are not trained and do not recognize the actions of someone who is ill and may be off his meds and in a psychotic state. There is way to deal with such people short of shooting first and asking questions later. The police do not know how because they have no understanding of the problem. Many of them are uneducated, high school diplomas only, ill informed and for sure poorly trained. They end up terrifying an already scared individual instead of calming him down. Most of the mentally ill, the police face, are in a crisis and do not see things they way we do and must be calmed down. But the police come in like rambos and escalate the situation until it is out of control. It is a great tragedy.

We as a community are stewards of those unable to care for themselves, the mentally ill, children, the elderly... and will be judged on how we treat them. We have a city full of elected officials who think nothing of allowing their own employees to harm the mentally ill and then actually be proud of it.

As for garnering votes, I know the mentally ill have a hard enough time negotiating shelter, food, and staying out of jail to know about my race. It is really their families and the community-at-large who understands the basics of the issue and the harm it causes going unaddressed who will listen to me.

I believe that more families are touched by this than we think.

What I am hearing every where is that people want a change and want to be moved into the good part of the 21st century. They may not be able to pinpoint exactly what they don't like about the status quo, but they know that in general it is not good. That vote is for me.

TC

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Posted by XADA  
on March 29, 2007, 2:04 pm
I appalud you for even taking on the mental-health issue--you're certainly not going to win the election by courting the "mentally ill" vote. To me, I shows that you're ready to bring some creativity, maturity, and thoughtfulness to the DA's position.

At a personal level, I can tell you how frustrating it is as a defense attorney to have to educate the judge and the prosecutor on the procedural and legal issues relating to mentally-ill defendants. Your proposed mental-health unit will save countless hours (and countless dollars of taxpayer $) that are now wasted as the wheel is re-invented every time a mentally ill defendant goes to court.

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Posted by Anastacia_M.  
on May 21, 2007, 8:53 am
As a mental health professional, I was shocked to find out how our mentally ill are treated by the criminal justice system in El Paso. I do not see why we are not triaging the chronically ill the way other cities and states do. By assessing them appropriately in a timely manner, we could avoid a lot of recividism that slows down the legal system, affecting all of us. But finally, someone like you comes along who has the experience, vision and, most of all, who cares. I would encourage the community at large, and those associated directly with the mentally ill in particular, to support you in your efforts We need to follow you in seeking "justice for all".

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Posted by theresa  
on May 21, 2007, 10:59 am
Dear Anastasia,

Thank you for your post on this most important issue. I am depending on people like you to get the word out about my position on the mentally ill vis a vis the legal system. As you well know, the mentally ill have their own problems and cannot fend for themselves politically. They depend on people like you and me.

Help me help them. E-mail this webiste to ten people. This is a grassroots campaign. The press is not going to help.

Coincadentally, today on the elevator a lawyer I don't know very well mentioned that he had read my article on the mentally ill and found it fascinating. The word is out.

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