Failure to Investigate: Psychiatric Abuse in Washington State

All the great things are simple, and many can be expressed in a single word: freedom, justice, honor, duty, mercy, hope.
Winston Churchill

Those who deny freedom to others deserve it not for themselves.
Abraham Lincoln

I would like to point out that it is a crime when a mandated reporter fails to file reports with Law Enforcement and Adult Protective Services as required by law; when they suspect or know, that a vulnerable adult has been abused, neglected or the victim of a crime.  


Isaac gets care through Aging and Long term-care.  After being Involuntarily Committed, his case manager came to the house for a review.   She saw the TV that both Nancy Sherman and Jeffery Jennings attested under penalty of perjury that he had smashed to pieces.   It is not smashed, or even damaged--stating my son had thrown the TV smashing it was a lie told to the court in order to substantiate their false allegation of his "dangerousness."   Isaac's ALTC case manager was reassigned, without explanation, a short time after this visit.
  

"Failure to Report"  is a gross misdemeanor crime in the State of Washington.


I started this bog on September 4, 2010.  I was in utter despair, my rage and frustration  were visceral.  I believed then, and still do, that my son's life and liberty are at risk due to the corrupt and unethical practices of contracted mental health service providers who are allowed to violate the ethics guidelines, the law, and the Constitutional Rights of people labeled  as mentally ill.  Informed consent is not even considered necessary if one is considered to be psychotic or diagnosed with schizophrenia.  Oversight and accountability of contracted services providers is virtually nonexistent, issues are not addressed in a timely or ethical manner.   


In my opinion, DSHS has not once held any person or agency accountable for the grievous abuse, neglect and harm done my son.  I can not accept that my son is once again, the victim of a crime; and because he is unable to defend himself, it will be swept under the rug by the State of Washington.  I know what happened to my son, has nothing to do with his best interests, the ethical practice of medicine, justice, human dignity or human rights; it is about power, corruption, and lack of moral and ethical values at Central Washington Comprehensive Mental Health, where  Nancy Sherman and Jeffery Jennings, M.D., are employed.  Both knowingly provided perjured testimony to Yakima County Superior Court in petitions for involuntary treatment.  As a result, the Office of Assigned Counsel of Yakima County, the Yakima County Prosecutor's Office, and Yakima County Superior Court, were, in effect,willing participants in violating my son's Constitutional Rights to Procedural Due Process, Under Color of Law.  


It appears the chief concern is that no one who failed in their legal,ethical and moral duty to my son and the citizens of Yakima County and Washington State is ever held accountable for their negligent and criminal behavior. It is not a priority to investigate crimes that victimize people with a psychiatric diagnosis; it's not illegal if the victim can not defend himself, or file a complaint.


I filed a complaint on my son's behalf with authorities on August 10, 2010.  Due to iatrogenic illness, my son can not file complaints, can barely read, needs extensive assistance, has never taken care of the business side of his health care, banking, paperwork, scheduling of appointments, or filling his prescriptions unassisted; ever.  This disability has been known to CWCMH since he was a minor.  The "investigation" of the complaint was conducted and completed in one day, on October 26, 2010.  The investigation consisted of a review of  documents in State Data bases, CWCMH, and Memorial Hospital, the report was typed on October 27, and sent to me on November 30, 2010.


The following are copies of emails, (the report was sent as an attachment in an email) from Ron Moorhead, followed by my inarticulate incredulous response to the report, and links to the report, background information and information on the medications used to treat schizophrenia.


This post ends hopefully with a more dignified response to my son's treatment and the abdication of the duty to protect and preserve his Constitutional Rights on the part of the Department of Social and Health Services Division of Behavioral Health and Recovery.  I am certain that my son's Constitutional Rights, his dignity and his right to honest and ethical care directed according to his wishes and needs is important.  


The violations of the law and the psychiatric assault committed by Jeffery Jennings and Nancy Sherman, the  lack of a real investigation conducted by DSHS Division of Behavioral Health and Recovery, who failed to inform Law Enforcement, requesting that the Washington State Patrol conduct a Criminal Investigation; are evidence that  corruption, coercion and collusion in the violation of human rights of individuals diagnosed "mentally ill" is standard practice at the Mental Health Division, so is not investigated, but covered up.  Failing to hold Central Washington Comprehensive Mental Health to the Law of the Land is not acceptable; it is negligent, a failure to perform a legal duty. 


The poor  "standard of care" and the dis-empowering way Central Washington Comprehensive Mental Health "serves" those who need help, is the reason Isaac has for more that a year, traveled to another County for his mental health care.

to  Becky Murphy date  Tue, Nov 30, 2010 at 9:56 AM subject  Complaint Report mailed-by  dshs.wa.gov

Good morning Ms. Murphy, here is a copy of the complaint investigation report.  My apologies, I was out all last week ill and was not here to send it to you.

Sincerely,

Ron Moorhead

Ron Moorhead, Complaint Manager,

Certification Section

Division of Behavioral Health and Recovery

Post Office Box 45330

Olympia, Washington 98504-5330

Telephone: (360) 725-3752; Fax: (360) 586-0343

E-mail moorhre@dshs.wa.gov

My wholly inarticulate response after scanning the report: 

Becky Murphy  to Ronald

  

Mr. Moorhead,

The report is laughable.  Thanks for the same head in the sand cover the SOW's ass behavior I expected as per usual.  Not a real investigation just like usual when it is the SOW or it's sub-contractors.  It is not even a criminal investigation for Christ's sake!  There were two felonies committed by Nancy Sherman.  Dr. Jeffery Jennings testified, PERJURING himself, for Christ's Sake that Isaac "threatened" me, and testified falsely that Isaac "THREW A HUGE TV SMASHING IT!!!!"  This statement was to be first hand information!  It was not only untrue, but it was a lie repeated!!!  That is the basis of a court order that the Department in it's infinite idiocy concludes "nothings wrong here!"   My son was again DRUGGED without informed consent by Jeffery Jennings who put him back on a benzo, a drug  meant for short term use, that Isaac was no longer was taking--due to cardiac risk.  Jennings had Isaac's chart which stated the reason he was taken off the drug, yet put him back on it at TWICE the dose he had been taking, before a very slow and painful withdrawal process.  My son is compromised in his ability to defend or advocate for himself, so the Department determines it is alright for him to be "treated" without regard or respect, without the protections afforded individuals by the U.S. Constitution, without the protection of his mother, and without the protection the State, which has a legal duty to provide him such protection as an identified vulnerable adult.  Every DSHS Division of Behavioral Health and Recovery, employee or contracted provider who is aware of these events failed to report to Law Enforcement the felony crimes committed in which Isaac was the victim.  This is a gross misdemeanor crime in the State of Washington.  


Jeffery Jennings did not follow the Ethics Guidelines of the medical profession, use sound medical judgement, the man actually put in Isaac's chart he appeared to be developmentally delayed, and so he was cognizant of his diminished functional capacity and thought nothing of putting him at further risk by raising the dose of Clozapine by 250mg overnight, (50 mg a day is the max and not more often than twice a week is recommended due to the danger to the patient)  and putting him on a drug Isaac had been taken off of due to the effect on his heart.  


The Deputy prosecutor knew that he was presenting perjured  testimony--I spoke to him 3 times before the August 6th hearing, both Nathan and I had spoken with Isaac's attorney, who failed to ask a single question, or mount any defense at all.  Of course, having a label of schizophrenia actually means one has no Constitutional Rights granted under the United States Constitution, or the Washington State Constitution, period.  I've known this for years.  I just didn't realize how far some would go to chemically lobotomize my precious son.

That a Superior Court Judge signed an illegal order--one that did not comply with the Law in spirit or in fact--is not an issue to be investigated, is certainly an interesting conclusion for the Mental health Division to come to.  


The law isn't considered broken if the victim has no effective personal defense mechanism, or ability to file complaints.  Isaac is limited due to iatrogenic illness; caused by having been used in Drug Trials at the State of Washington's only psychiatric facility for children.  This is after being denied the recommended treatment, (recommended by three psychiatrists) for his condition as the victim of violent assault by a State of Washington foster parent.  It is obvious to me who was protected every time and it sure as hell was not my precious son!  The State of Washington protected itself and knowingly allowed crimes to go unreported or prosecuted; and allows the perpetrators themselves and those who commit further crimes by failing to report as mandated, to keep their jobs.  Some have retired with pensions for God's sake!  My son was not protected last summer as a young man, and he was not given the help he needed to recover from being the three year old victim of extreme abuse, while in foster care.  

_______________________________________end of email response___

The investigation was done by Tony Sparber, LICSW, LMHC Mental Health Program Administrator DSHS Division of Behavioral Health and Recovery on October 26, 2010.  Mr. Sparber apparently typed his report on the following day, addressing it to me; I assume because it was me who filed the complaint on my son's behalf.  All due respect to this assigned "investigator," he showed a lack of knowledge about some very pertinent rules that ensure compliance with the U.S. Constitution's protection of individual rights, Procedural Due Process of Law, and Rules of Evidence in Courts of Law. (Rules of Evidence are to be applied in Mental Health proceedings to!)  In addition, either he has no investigative skills, or he was not truly investigating the compaint I filed on my son's behalf, but only "appearing" to do so.  I can't help but wonder how does one investigate a potential crime without speaking to the alleged victim, or two eye-witnesses?


Rules of Evidence are to be followed in Mental Health Involuntary Commitment Proceedings, it is the law.  Perjured testimony and a forged document were the basis for this proceeding.  Dr. Jennings used second hand information in his petitions, he never spoke to anyone who knew Isaac while "treating" him.  The law requires that only information known first hand to be true may be used on the petition to seek involuntary commitment and or treatment orders.  The Court Order was signed by Yakima County Superior Court Judge, Michael McCarthy, not a County Commissioner.  My son's Assigned Counsel, Jennifer Lesmez,  was aware that there was inaccurate, (if not false) testimony offered in the petitions of Nancy Sherman, MSW and Dr. Jeffery Jennings; she failed to challenge or question any testimony offered by either one of these two at all.  She put on no defense whatsoever for my son.  In fact, her voice is the only one heard at the hearing testifying; then one hears the Judge granting the order.


As to the delayed delivery of this "report," to me, the supposed addressee; the delay was probably due to getting some other person's approval (maybe more than one person/Assistant AG?)  It is laughable, as this report does not address the crimes alleged in the complaint.  Mr. Sparber completely fails investigate the crimes themselves.  The DUTY the State of Washington failed to meet, that of protecting my son from unreasonable restraint, being drugged without Informed Consent, to be court ordered ONLY if needing, but REFUSING treatment.  It is what I have come to expect from the Mental Health System in general, and DSHS, and Central Washington Comprehensive Mental Health, CWCMH, in specific.  Neither of these entities appear to have been concerned about my son's human rights, dignity, or any have any ability to understand that Isaac's care, whenever paid with federal Medicaid funds is to be client and/or family directed, to be lawfully billed to the federal government.  Yakima County Mental Health Professional, Nancy Sherman, and Psychiatrist, Jeffery Jennings, both of whom work for CWCMH, commit perjury and Jennings does it so he can, "Maintain the integrity of the medical profession."   This is the only reason Jennings cited for the court order to force medicate my son.  Dr. Jennings practices psychiatry, and it is his patients in crisis being subjugated and further harmed that he believes will maintain his integrity?!

My son does not read well, nor had he ever met any of the people who were involved in the court proceeding. While attending to Isaac, Dr. Jennings never spoke to anyone who knows my son: his current psychiatrist, his family, or his family doctor, Dr. Jennings failed to return multiple phone calls while attending my son, as inpatient.


Tony Sparber utterly failed to address the alleged forgery and perjury on the parts of Nancy Sherman and Jeffery Jennings, or mention the diminished functional capacity of my son; which was known to CWCMH.  His report fails to show that the Department met it's duty to ensure my son's Constitutional Rights to Procedural Due Process of Law were in fact protected.  The Rules of Evidence were ignored in the court proceeding as was the lack of effective assistance of counsel, neither of these issues are mentioned.  His report did not address the alleged crimes committed against my son at all.  It seems to me that the question of whether or not Isaac was treated lawfully or not was not what Mr. Sparber was interested in investigating.  His investigation and report are apparently an effort to show the State of Washington appears to take it's duty to secure the rights of the mentally ill seriously.  To effectively secure and enforce an individual's rights and actually investigate complaints alleging violations, is apparently unnecessary.  It definitely wasn't part of the investigative process conducted into the complaint I filed on my son's behalf.


It is  patently ridiculous to assert that my son's rights were protected given these facts: 
1. Isaac was seeking to be hospitalized--this being the case, he was not a candidate for involuntary commitment.
2. Rules of evidence were ignored. 
3. Isaac reads at a third grade level. 
4. Isaac did not even know that there had been a court hearing, let alone 3, by the time he returned home on the 6th of August. 
5. False testimony against Isaac was used.   Jennifer Lesmez, his attorney knew the veracity of this testimony was in doubt, and never challenged it.  
6. Nancy Sherman lied more than once in her petition for an Emergent Order to Detain and forged a document to support her petition--which she attests to attaching to same petition; but it is in fact not in the court record.
7. Dr. Jennings repeated false statements made by Nancy Sherman in his petition even though the law clearly states he is to use only first hand information as his testimony.
8. Dan Polage, Yakima County Prosecutor knew that he was presenting at the very least, "questionable" testimony on August 6th, 2010--I had spoken to him three times, and he knew that Isaac was seeking to be hospitalized, and was accompanied by his brother and myself to the crisis center.  
9. Central Washington Comprehensive Mental Health shredded all original documents--Court Documents, a further violation of the law, another crime which has yet to be investigated.


There are standards the law requires that these petitions meet to be granted, none of which were met.  I can say with certainty forgery and perjury were  committed by employees of Central Washington Comprehensive Mental Health.  Apparently, petitions for court orders for civil commitment need not comply with the Constitution of the United States, Washington State Law, or Rules of Evidence for Washington State Superior Court, to be signed and carried out.  Under Color of Law, my son was stripped of his dignity, his Constitutional Rights to Procedural Due Process of Law, his liberty, right to be free from undue restraint, and his Second Amendment Rights. 


The report dated October 27, 2010 in response to the complaint I filed on August 10, 2010 is insulting  and appears to validate the idea that since he is unable to advocate for himself, file formal complaints, read, or conduct business unassisted, that crimes committed against him are not going to be investigated by Law Enforcement; but will be covered up by paid public servants working at State Agencies who owe my son an ethical, legal duty; specifically, they are to ensure his rights are preserved, and his person is protected from harm.  These same State Agencies have a duty to the ensure that contracted mental health providers and DSHS employees follow the Involuntary Treatment Act when acting Under Color of Law as agents of the State of Washington---not look the other way, and cover up for them when they fail to comply with the law, and ethically perform their duty.


The following link is to the "report" of the investigation into the crimes committed by Nancy Sherman and Jeffery Jennings, M.D., a Designated Mental Health Professional and a Psychiatrist respectively, both of whom are staff at Central Washington Comprehensive Mental Health in Yakima, Washington the community mental health provider with the contract to provide crisis mental assessments and crisis care.

DSHS report on the 'investigation'

Link to my first article about my son's involuntary treatment hearing:

It Took One Minute... for the hearing that illegally deprived my son of his liberty

ink to information on the effects of medications used to treat schizophrenia:
Antpsychotics/Schizophrenia at Mad in America


This was first published on the 4th of December 2010 with a different title.