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Forty Years Later Jail Still Violating Rights

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Shortly after my book, CRAZY: A Father’s Search Through America’s Mental Health Madness, was published in April 2006, I received a telephone call from an attorney at the U.S. Department of Justice who asked me about incidents at the Miami Dade County jail that I’d described in my book. The federal investigator was curious about my claims that correctional officers, who worked on the ninth floor of the jail, physically beat inmates. During the ten months that I’d spent doing research at the jail, I had been told several times by officers that I needed to exit the floor “for my own safety” while jailers  “put their hands” on troublesome inmates. When I returned to the cellblock later, I was  able to confirm that guards had gone into cells and beaten inmates. One officer was especially infamous for abusing prisoners.  He bragged about it. At the time, I was surprised at how openly officers talked to me about the beatings.

Last Friday, the Justice Department released a three -year study of the Miami Dade corrections department and the federal investigators’ findings confirm what I first revealed in my book. Put simply, the Miami Dade Pre-trial Detention Center is a living hell on earth for inmates with mental illnesses.

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Telling Our Stories

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Since the publication of CRAZY, not a week goes by without me getting a letter or email from a distraught parent whose son or daughter has been arrested or is in jail because of a crime that was clearly tied to mental illness. The most common comment that I hear when I am on the road giving speeches about my book is: “You told my story.”

I always feel inadequate when I try to answer requests from other parents seeking help. I’m not a lawyer. I urge people to contact their local National Alliance on Mental Illness chapter or Mental Health America for guidance. I sometimes suggest  they contact the Bazelon Center for Mental Health Law. I ask if their local community has Crisis Intervention Trained police officers, a mental health court, or a jail diversion program.

And then I ask them to consider going public. I tell them newspaper and television reporters would be interested if they knew a person was put in jail because of a mental illness. Not everyone feels comfortable being interviewed. It also is never a good idea to expose someone you love to the media if he/she wants to keep their illness secret. Even though my son urged me to write my book, I spent many sleepless nights worrying that our openness about his arrest and illness would harm his future.

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Drop-In Center, Dancing Doc, Baton Rouge

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If you are a regular reader of my blog, you know one of my favorite quotes is attributed to Margaret Meade who said:

Never doubt that a small group of thoughtful, committed people can change the world. Indeed, it is the only thing that  ever has.

One of my favorite things about traveling is getting to meet inspiring people who are changing their communities and improving the lives of persons with brain disorders.

Here are some examples.

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Why Aren’t Our Elected Leaders Listening?

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Can you imagine what would happen if a newspaper reported that a hospital refused to treat someone suffering a heart attack? What would the public think if a car accident victim was turned away from an emergency room? Yet, according to a recent report by the Virginia Office of Inspector General for Behavioral Health and Developmental Services, at least 200 persons who were having a mental health crisis and met Virginia’s involuntary civil commitment standard because they were dangerous were refused treatment in the Hampton Roads area between April 2010 and March 2011. 

The practice of turning away psychiatric patients in Virginia has become so common that there is a word for it  — “Streeting.”

The IG’s report cited an example of a 66-year-old Virginia woman who needed immediate care but was turned away by 15 private hospitals. She then was driven a hundred miles away to a crisis stablization unit only to be turned away there because she did not make it through the unit’s medical clearance process due to lethargy, a medication side effect.  Forty-eight hours later she was finally admitted to a hospital emergency room.

She was lucky. At least she finally found a bed.

Where is the community outrage? Why are doctors, mental health professionals, community leaders and elected officials not alarmed?Click to continue…

Advocates, Fired Cop, Unnecessary Death and AOT Controversy

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When the 14 year-old old boy came home from school and found his mother on the floor badly beaten and unconscious, he decided to do something. He took a pistol from a drawer, marched into his mother’s bedroom where his drunken step-father had passed out on the bed, and fired point blank into the man’s skull killing him. Arrested and charged as an adult, the youth was taken to an adult  jail to await trial.

The boy had been there only three days when defense attorney Bryan Stevenson met him. He was so traumatized that he could not answer any of the lawyer’s questions. He’d been repeatedly sexually assaulted — so many times in that three day period in jail that he’d lost count of how many men had abused him. All the boy did for two hours was sob as Stevenson held him.  

This tragic story was one of several that Bryan Stevenson described in an impassioned speech that he gave last week during an Advanced Judiciary Academy conference at the University of Illinois in Champaign/Urbana. I’ve written about Bryan before on my blog. He’s an inspirational advocate.

Bryan and I were invited to speak to the Illinois judges about how wealth and poverty influence our criminal justice system. We’d been invited to lecture because of my book, CIRCUMSTANTIAL EVIDENCE: Death, Life and Justice in a Southern Town.  For those of you who might not have read it, CIRCUMSTANTIAL EVIDENCE  is a true story about the murder of a popular, white teenager in the Alabama town that inspired the novel, TO KILL A MOCKINGBIRD.  A poor, uneducated,  black man named Walter “Johnny D.” McMillian was convicted of the killing which happened inside a dry cleaners on a busy Saturday morning. McMillian was sentenced to death after two witnesses testified that they’d seen his truck parked outside the cleaners at the time of the murder and another witness claimed he actually see McMillian standing over the dead girl during a robbery.  It seemed as if McMillian had been caught red handed.

But after Stevenson began investigating the case, a different picture emerged. Both witnesses who’d claimed to have seen the truck recanted their stories. Both had received reward money in return for testifying. The eyewitness who swore that McMillian had murdered the girl was proven to be a liar. Even worse, Stevenson discovered that the prosecution had hidden crucial evidence that proved McMillian was innocent. During the murder, he had been at his home miles away helping host a fish fry. Two law enforcement officers had stopped there that day but had failed to come forward to substantiate his alibi. Put simply, McMillian had been framed.

Although Bryan proved McMillian was innocent, Alabama officials refused to free him. It took a 60 Minutes segment about the case to shame local and state officials into releasing an innocent black man from death row.

I spoke first at last week’s conference and described the murder and investigation. Bryan spoke after me about the case but quickly moved to such broader issues as the number of persons with mental illnesses now being incarcerated and his latest campaign to stop pre-teens and teenagers under age fifteen from being charged as adults when they commit crimes. Many of these children are sentenced to life in prison. His work as the executive director of the Equal Justice Initiative prompted the judges in the audience to do something that Judge Susan Hutchinson, who helped organize the academy, said she’d never witnessed  before.

They gave him a standing ovation.

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What’s Really Insane? Our System.

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I want to call your attention to two recent events. I’d hoped to write about them sooner but traveling to give speeches, getting my new book  “put to bed” so that it can be published in January and launching a new book project caused me to fall behind.

The first is the ruling by San Diego based Judge Larry Alan Burns that Jared Lee Loughner, the twenty-two year old accused of killing six persons and wounding thirteen, including U.S. Representative Gabrielle Giffords, is so mentally disturbed that he cannot understand what is happening in a courtroom. This means he cannot be put on trial. 

Judge Burns decided to send Loughner, who has been diagnosed with schizophrenia,  to the U.S. Medical Facility for federal prisoners in Springfield, Missouri, where doctors will attempt to restore his competency. 

I’m afraid that many people mistakenly believe that the judge’s decision means that Loughner is going to be treated for his mental disorder. While he certainly may benefit from the medical attention that he will receive, it’s important to note that restoring competency and providing someone meaningful treatment are not the same.

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