What to do with criminals who can’t reason?


Published on Saturday, June 13, 2009 9:56 PM AKDT

There’s an interesting case going through the Palmer court system.

A man burned down his family’s home and afterward said God told him to do it.

He’s been evaluated by psychiatrists and been shown to have little to no ability to comprehend what is going on around him and therefore offers little help in his own defense. His retention of information is minuscule, the experts say.

Apparently he has suffered a couple of brain injuries that have affected his thinking and will for the rest of his life.

He has turned down a plea agreement that would get him less time — he’s already served more than a year since the crime — and face less severe charges. Unless he changes his mind, it’s possible he could face the full felony count, first-degree arson. That’s a crime that can add up to a lot of years in prison.

But he said again Thursday he wants to withdraw the plea deal.

The same day, in a written document, he called his defense attorney — probably the best in the public defender’s office — a “heathen servant of Satan.”

The point is, the judicial system doesn’t know quite how to deal with him. And the Department of Corrections doesn’t either, at least that’s what was said in court.

The judge handling the case is one of the best in the court system. He is courteous in explaining the options to the defendant, but it’s clear his words aren’t sinking in. The same with his attorney, who asked him what he wanted to do.

The man said he didn’t want to be convicted and he wants to be safe.

His family wants him home, and likely with some loving care, he could get through life.

But how safe would his family be? The first fire came when nobody was home. What if God speaks to him again and people die?

What is society to do with criminals who can’t help defend themselves, but who have been driven to commit crimes?

Prison is no place for him. He is obviously vulnerable, and maybe that’s why he says he wants to be safe.

The possibility that he can be rehabilitated is negligible at best, the experts say. So does this 29-year-old live his life in a psychiatric ward?

This is a case when the judge, the defense and even those charged with prosecuting the man earn their pay.

Justice will be hard to find in this one.

Comments

22 comment(s)

    Cakes wrote on Jun 27, 2009 9:59 PM:

    " I do believe CRP stands for Coordinated Resources Project, not Criminal Rehabilitation Project. I suppose the end result is the same, no matter what the name. The CRP court has case workers that help those with a diagnosed mental illness that commit a crime get help from various agencies. They are monitored more closely than a misdemeanant w/o a mental illness. It is an opt in program, meaning that even with mental illness, they don't have to be part of the program if they don't want to be. Meaning that they may "opt out". "

    API is a nightmare wrote on Jun 27, 2009 12:40 PM:

    " My father worked in a State Mental Institution and I understand whey they were closed but we went from one extreme to the other and that was to do nothing and let the people with Mental Health issues end up homeless or in prison. That's not the answer either. We need more programs like the CRP Court program and more assisted living homes or foster care for adults. Not huge institutions that can't do what is needed for the vulnerable people of our society. We have a system we just need to beef it up. "

    CRP Court in Palmer wrote on Jun 27, 2009 12:34 PM:

    " There is a system for this. It is called CRP court and it is a great program for people who commit crimes that have a Mental Health issue . The CRP is Criminal Rehabilitation Program so this person should be in that program. They will make sure that this person is taken care of and if he needs more assistance than his family can give the courts will determine with the family how to move forward. The CRP Court is wonderful and will take good care of this person. Jail is not the answer. "

    huh wrote on Jun 23, 2009 10:45 AM:

    " Doesn't this happen all the time on Law & Order? "

    To Wondering wrote on Jun 22, 2009 2:48 PM:

    " At Common Law, and in many states, an accused may be found "not guilty by reason of insanity" if EITHER he/she lacks the capacity to appreciate his/her actions, OR he/she cannot conform, as a result of a mental disease or defect, his her actions to law. In the early '80s the Alaska legislature ammended our insanity law to essentially require both of these condidions. Basically, that the individual doesn't know what they are doing AND that they can't control themselves. "

    AKvoter wrote on Jun 20, 2009 2:12 PM:

    " Maybe Palin could cut back on her entertaining the pipeline bigwigs and build Alaska a mental institutional prison. Now that would energize something up here! "

    AKvoter wrote on Jun 20, 2009 2:08 PM:

    " Why hasn't he had a mental evaluation? If he's deemed incompetent, end of story end of trial.. Why should he enter any plea or be tried until the state knows his mental capacity? This sound back@sswords How can he be release into society if he doesn't have the capacity to understand life and rules what justice can be served? He doesn't belong in a prison but a institution for the mentally handicapped. NO HOME monitoring, absolutely not! What he's done is criminal he just doesn't understand that, others do. "

    Grey wrote on Jun 18, 2009 12:06 PM:

    " Well, if he can't go to jail and he wants to stay safe, but the family wants him home.

    Well, remember, he DID burn your house down. No one was home, consider that luck.

    Prision for insane people, even in Alaska sucks and they'll get medication IF they take it.

    Best place...API. He'll get his meds, he'll be in a safe place, and they have counselors to help.

    Just a thought. "

    Wondering wrote on Jun 18, 2009 10:37 AM:

    " I was told Alaska did away with the "insanity defense" some years ago - was that just for murder cases? - or true at all? Perhaps this is not the same as determining a person is not competent to stand trial. Someone from the legal community might weigh in? Good article, Frontiersman - you posed questions worthy of public debate. "

    Joey Brockhouse wrote on Jun 17, 2009 3:50 PM:

    " Amy Dear
    A man named Ronold Regan removed all federal funding for mental health during his time in the White House. Mental patients were dumped on the streets or quickly arrested and put in prison.
    Liberals had nothing to do with it. Politicians in general have ignored the problem since then. These politicians are both republicans and democrats. Blame everyone who fails to stand up for the weak. "As you do to the least of us you do unto me, "Jesus said. "

    Sandy wrote on Jun 16, 2009 2:18 PM:

    " There are actually a lot of gods. And anyone's right to chose to believe in one or more of them is guarenteed by law here. Even if one wants to say their god is the only one and use a the big G. What this man needs, and would have had if people were thinking straight about him, is a Guardian. A legal Guardian just like we appoint in cases where a minor child needs to be dealt with for his/her best insterests in court but certainly can't make all the necessary choices themselves. Appoint one. "

    Pretty even wrote on Jun 16, 2009 6:11 AM:

    " Check state records across the board and its been Rep and Dem administrations who have closed mental facilities depending on the budgets of the day. I lived in Oregon with streets full of mentally ill homeless who could no longer stay in the state institutions. Having lived with a psychotics you don't want them under the care of family but trained professionals no matter the cost. "

    To Amy wrote on Jun 15, 2009 11:10 PM:

    " You wouldn't know humanity if you tripped over it,

    Thank God your concept of kindness and healthcare is centuries out of date.

    Why don't you find an institution somewhere, and get yourself committed for a few years as long as you believe it is such a great place to be! "

    amy wrote on Jun 15, 2009 6:24 PM:

    " before the liberals decided that all institutions were bad, there were places for those that couldn't care for themselves.... it is time to re-think past decisions. it is what civilized societies do: care for those unable to care for themselves, humanely.... "

    Pamela wrote on Jun 15, 2009 5:37 PM:

    " We must always strive for empathy, fairness, and justice for all involved. We have ethics, laws, and moral standards that must be enforced and dispensed with the utmost care and wisdom.

    The man has disabilities, and vulnerabilities, due to multiple brain injuries. This causes his severely impaired judgement. Why doesn't he have a legal guardian, and a special court advocate to assist with his special needs?

    I would hope he would end up in a place where he can have appropriate supervision, supports, and medical care. It would be a safe, loving, and "least restrictive" living situation. "

    jp wrote on Jun 15, 2009 11:51 AM:

    " first things first:
    first, the judge, in his infinite wisdom must decide whether he is a criminal, or a mentally ill person, and then act accordingly.
    pretty simple really, if you follow the instructions of the law! "

    khbalaska wrote on Jun 15, 2009 11:20 AM:

    " I agree with the first commentor. How was this guy even found competent to stand trial? "

    Susan wrote on Jun 15, 2009 1:23 AM:

    " I think this man should be served in Prison for very long time or He can go to mental hospital...He is saying a lie about God! I believe that He is totally unsafe person and dangerous be in the Community! "

    alaskamountainman wrote on Jun 14, 2009 10:50 PM:

    " "What if God speaks to him again..." When we talk to god it's called praying. When god talks to us, it's called schizophrenia. "

    Simple wrote on Jun 14, 2009 2:46 PM:

    " Nuts belong in nut houses. "

    Amazed wrote on Jun 14, 2009 12:08 PM:

    " Sounds harsh but he is obviously a danger to himself and others. Either he should be put in a mental institution and heavily sedated at millions in taxpayers dollars over the course of his young life or sent to visit God face to face before some one dies at his hand. He has a defect that can't be fixed. Many will find these options less than sympathetic . Many of these will also support the killing of the unborn by society and sending our finest off to possible death in no win wars. It's all a matter of perspective. "

    TTOSBT wrote on Jun 14, 2009 7:43 AM:

    " The article does not say why this person has been found competent to stand trial. Websters' indicates in Law that Insanity of this kind is usually referred to as dementia (because of its organic origin rather than being a congenital deficiency). Burning down the family home is a very serious offense, and a real threat to the future safety of him and his family. There are things far worse than a mental hospital. One would be for any member of this family to die because of the stigma associated with placing people in mental hospitals. "

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