I have a question for Disability Rights Washington

Lady Justice holds scales of justice against clear, blue sky.

via Disability Rights Washington:

"According to the US Constitution, every citizen must be afforded due process of law. This means no one can be denied legal rights and all laws must have standard protections. This is more than being able to understand and confront an accuser if accused of a crime. Due process upholds educational service rights, or the quality or availability of public benefit entitlements.

"People with disabilities are disproportionately entangled with the criminal justice system. The number of youth with disabilities in what has come to be called 'the school to prison pipeline' has grown with the advent of zero-tolerance policies. Access to accommodations is an imperative component of making sure justice is accessible to everyone. (Imagine someone who uses sign language being handcuffed during court.) Even when convicted, people with disabilities may experience abuse, discrimination, treatment refusal or other neglect in correctional or psychiatric facilities."

In poking around on the internet looking for information on my home state's public policies and procedures to protect vulnerable adults, I came across a report published in 2008 by Disability Rights Washington, Washington State's designated protection and advocacy office titled, "Improving Washington's Response to Abuse and Neglect. Analysis and Recommendations." Here is the Executive Summary:
:


C. Individual Accountability
No state agency is holding non-licensed individuals civilly accountable for abusing or neglecting vulnerable adults receiving services from DSHS licensed providers.

As the parent of a young man who is a 25-year-old vulnerable adult, I have a question for DRW, "What state agency holds licensed mental health professionals who violate a vulnerable adult's civil rights accountable? None. Crimes are not investigated or prosecuted when victims are vulnerable adults and the perpetrators are mental health or social service professionals who are acting as agents of the state Under Color of Law.  In 2010, my son was Court Ordered to Involuntary Treatment in Yakima County Superior Court when Designated Mental Health Professional, Nancy Sherman, and psychiatrist, Jeffrey Jennings, used perjured testimony and a forged affidavit as "evidence" to support their petitions to detain and treat my son.

Disability Rights Washington offered no assistance, advocacy, legal representation or protection to my son...


Read the whole report DRW 2008 

The AG sent me a message

 or at least his Executive Assistant did...

Let's just say I am disappointed that I finally receive a response on a FRIDAY, after business hours from a person who informs me she will be on vacation for the next few weeks, but will look for an email from me when she returns...  

 First, my response:

Ms. Gaul

I sent an email to Mr. McKenna on September 15, of 2011,  I then posted a copy of it to my website after it had been received by the AG's office. I posted it to my website because by that time I knew that there is some very serious corruption and lawlessness that is systemic in DSHS DBHR. Specifically, I had come to realize that there is no interest in preserving or defending the Constitutional Rights of people civilly committed in Washington State---or even pretending that those who are Court Ordered even have any rights, or that the State has any duty to ensure that the Rules of Evidence and  Standard Court Procedures are adhered to; Proper Notice given and Proof of Service filed; and Effective Assistance of Counsel provided. As a matter of fact, when I first filed a complaint on my son's behalf. I was told the State HAD NO DUTY.   

I voted for Mr. McKenna as I voted for Curtis King the Senator for this district, as well as Representatives Charles Ross and Norm Johnson. I received no response from your office. I received no response worthy of merit from my elected representatives. I also contacted every member of the Judiciary committee in the State Legislature NO response whatsoever. Perjury and fraud, specifically a forged Affidavit were used on July 28, 2010 to detain my son, by the DMHP, Nancy Sherman who lied to the court, lied to my elder son and myself and set in motion a chain of events that so traumatized my son, Isaac, that once I brought him home it was three weeks before I could convince him he was safe, and that he could go outside into our own fenced yard.  Nancy Sherman's employer shredded all of the Original Superior Court Documents, and the CEO Rick Weaver informed me there is nothing wrong with doing so, actually stating "We do it all the time."  

Frankly, I find the content of your message to be less than honest; since I am well aware that someone in the AG's office has visited my website and has read enough to know exactly what my criminal complaint entails.  I am also aware that representatives from the AG's office were consulted from the beginning. I am sadly disappointed to say the least.  Felony crimes were committed which have diminished the integrity of the Washington State Superior Court, and there has been NO CRIMINAL INVESTIGATION launched in spite of a well documented complaint being filed promptly.  

My son has had so many felony crimes committed against him in this state by employees and contracted service providers that I have lost count.  The first of which was when he was three years old and was the victim of violent assault in a foster home that had 12 complaints filed against the foster mother alleging abuse of children prior to his placement.  This assault was followed by my little boy being put in a closet and it was covered up with further crimes including the Superior Court being told by DSHS that my son was home and doing fine; when he was in fact  in the hospital for what turned out to be 10 months...All I have ever asked for when filing complaints in the last 18+ years is for the right thing to be done at any given time. Not once, has anyone ever been held accountable for victimizing my son, violating the law, or the administrative code of the State of Washington, and failing to do their duty as a public servant; who owed an ethical and legal duty to my son.   The foster parent was Margaret Manson; the woman who killed four babies in this State, so I am grateful my son is alive.  

All due respect, as I stated previously, I find this email to be disingenuous for the reasons cited above.  That said, I would like to hear how the latest felony crimes committed against my son can be prosecuted to the fullest extent of the law.  If that is the intent of the Attorney General, I would be more than happy to assist in any way I can.  I have my son's Legal and Medical Powers of Attorney, as he is handicapped due to being used in the Drug Trials at CSTC without permission, by Jon McClellan and in spite of my vehement protests.   

Sincerely,

Becky Murphy

I have not included the entire text of Ms. Gaul's email; only the relevant part of her message: 

On Fri, Sep 21, 2012 at 5:44 PM, Gaul, Judy (ATG) JudyG@atg.wa.gov wrote:

Dear Ms. Murphy,

Hello, I am Attorney General McKenna’s assistant. He is currently away from the office, so I am helping him monitor his email. You have sent a couple emails to him recently, and it would be helpful if you could provide us with some of the pertinent facts related to your son’s situation, and what you are asking the Attorney General’s Office to do....

...I will be out of the office for two weeks, returning on October 8th. I will check my email when I return to see if I’ve received a message from you.

Thank you.
Sincerely,

Judy Gaul
Executive Assistant to the Attorney General
State of Washington
judyg@atg.wa.gov

Keeping up appearances in Washington State

Bullying is Institutionalized

sangrea.net

via MedlinePlus A Service of the U.S. National Library of Medicine National Institutes of Health
Bullying
"Bullying is when a person or group repeatedly tries to harm someone who is weaker or who they think is weaker. Sometimes it involves direct attacks such as hitting, name calling, teasing or taunting. Sometimes it is indirect, such as spreading rumors or trying to make others reject someone."


Often people dismiss bullying among kids as a normal part of growing up. But bullying is harmful. It can lead children and teenagers to feel tense and afraid. It may lead them to avoid school. In severe cases, teens who are bullied may feel they need to take drastic measures or react violently. Others even consider suicide. For some, the effects of bullying last a lifetime."

Centers for Disease Control and Prevention

via The National Traumatic Stress Network 

Working with Young People Who Bully Others: Tips for Mental Health Professionals

"Bullying is aggressive behavior that is intentional and that involves an imbalance of power or strength." 

"Research indicates that many aggressive youth have high self-esteem and that their aggression can result from a sense of entitlement."

Why is it that the above descriptions particularly, the phrases emphasized so accurately describe the experiences my family has had with the Public Mental Health System?  I have been trying to put my finger on it for the last few weeks.  Exactly what the fuck is it that has me so distressed the last few weeks?   I had my epiphany, last night.  I am tired of being bullied---I am disgusted by professionals who have intentionally abused their authority (as professionals and Public Servants) to determine what would be done to, and what would not be done for my son.    

another excerpt from the Tips for Mental Health Professionals:

"Hold the young person who bullies fully accountable for his or her actions." 

The fact of the matter is: Law Enforcement, specifically the Yakima County prosecutor, has a responsibility, a DUTY to hold  to my son's bullies accountable.  Washington State's Department of Social and Health Services Division of Behavioral Health and Recovery, had a legal DUTY to inform Law Enforcement, in order to launch an investigation and have the Designated Mental Health Professional, Nancy Sherman, and the Psychiatrist, Jeffery Jennings, held accountable for felony crimes they committed.  In Washington State, crimes committed by mental health professionals, victimizing people with a psychiatric diagnosis, or Wards of the State of Washington, are not investigated unless the State of Washington Child or Adult protective services requests that Law Enforcement investigate---an obvious FLAW in child and vulnerable adult protection systems---a flaw that protects the State; not vulnerable children and adults.

These two professionals "spread rumors," even testified that lies they told were events that they knew "first hand" to have occurred.  Nancy Sherman made the story up.  These two Mental Health Professionals submitted lies as testimony and slandered my son in their petitions submitted to the Yakima County Superior Court; in order to, "make others reject" my son.  In doing so, they committed felony crimes; effectively stripping my son of his Individual Rights to Substantive, Procedural Due Process.   These bullies did this in order to Court Order my son as an involuntary psychiatric patient  so that Informed Consent would not be legally required. Jeffery Jennings then had legal authority to drug my son, using the very drugs which have already caused him grave disability; and have left him unable to protect himself.  Jeffery Jennings violated my son's Human Rights, he violated the Hippocratic Oath and the Ethical Guidelines of the Medical Profession by lying in order to get the Court Order to detain extended.  Jeffery Jennings incredibly, told the Court the order to drug my son was needed for the, "maintenance of the ethical integrity of the medical profession."   Obviously, the man does not understand the meaning of the words "ethical" or "integrity."  How can that be a legal justification to drug any patient, to maintain the prescriber's "ethical integrity?!

It is professionals in the medical profession whose conduct maintains (or not) the integrity of the profession.  For the life of me, I still can not wrap my mind around how obtaining a Court Order to drug a person with drugs which have already caused iatrogenic illnesses, and have fatal risks for the patient, can maintain the ethical integrity of the professional who would do this, much less, an entire profession! It is certainly not the DUTY of any patient to maintain a doctor's integrity!  

My son has been "medically treated" without Informed Consent by "Medical Professionals" working for the State of Washington directly, or mental health contracted service providers into a state of disability.  In all reality, my son, was used, abused, bullied and criminally victimized by  medical professionals like Jeffrey Jennings; and has valiantly been trying to recover.   The medical profession in Washington State, in specific, the public Mental Health System, has shown a lack of integrity in the treatment of my son since he was first victimized when he was three years old while in the State's "care."   

I am his mother, I am sick of my son being mistreated by those in positions of authority; even felony crimes committed by "professionals," have never been investigated, when reported.  A system which continues to break it's own rules, and does not hold individuals working for it accountable, is systematically, institutionalizing the very behaviors which are recognized "bullying" behaviors.  Any group or bureaucratic system which fails to hold bullies who work for it, and it's contractors ACCOUNTABLE, particularly when the Law outlines and defines the State's DUTY to do so; has effectively institutionalized bullying.   

Tomorrow is the beginning of Disability History Awareness Month here in Washington State and National Bullying Awareness Month in this Country---I am so aware that my son is now disabled due to being bullied by the very people we had to go to for help.  I am also very aware that my speaking out has changed absolutely nothing.  

I  no longer believe my speaking out is going to help either my son or myself to recover---even though at times, doing so is cathartic.  Sometimes, when I am once again grieving losses all of these events have brought to bear, I don't believe it is possible for me to recover at all.   The neuroleptic drugs my son has been on for fifteen of his twenty-three years are taking a horrific toll.  Any one who knows anything about these drugs, knows the drugs do not cause a person to return to a state of normalcy; or bring about a return to good health and function.  None of this is my son's fault, and all I really have to offer my son is my love.  He knows he is loved, no matter what; that has to be enough.   Why do I feel that is not enough?  Why do I feel that I failed him?

In some ways, my speaking out has made me feel much worse----I have little to no confidence in my fellow man most of the time.  If not for my faith, and the love I have for my children, I'd have nothing of value; other than my own life.   So I am blessed; it is enough.  

music has been one of the few things that help

An Example of How Court Orders For Involuntary Commitment Are Obtained: why hearings should be held in open court

Published again as an example of why Involuntary Commitment proceedings should not be held in secret.  In order to preserve Justice, Justice must appear to be done, and it must be SEEN...  Justice, in my son's case, has not had even a cameo appearance...

Isaac has always taken his meds as prescribed, and went to appointments; he has no history of "noncompliance" with treatment anytime or anywhere.  I have read the entire chart from his hospital stay from July 28 to August 6.  


The only people who made statements about my son alleging that he is "dangerous", violent, or aggressive are the mental health professionals who petitioned the Court; in Nancy Sherman's case, she used her Designated Mental Health Professional status to abuse her State granted authority to detain my son.   The direct care hospital staff recorded progress notes in my son's medical chart frequently; all these updates state  that he was consistently calm, took his meds, kept to himself, and never tried to leave or even say he wanted to.   Not a single episode of threatening, or dangerous behavior is recorded in his chart, not even when Jennings charts the drug changes he ordered due to "agitation."   So how can the statement on Jennings petition state that my son "threatened" me and the staff? No description of these alleged "threats." This is not challenged by his court appointed attorney!  

The forgery:  Nancy Sherman cut and pasted informtion from intake paperwork onto an Affidavit apparently to mislead the Court and allege that I had asked her detain my son.

The perjury: Nancy Sherman attested that the aforementioned forged Affidavit is attached to her petition.  It is NOT in fact, a part of the Yakima County Superior Court record filed with the Yakima County Court Clerks' office.  She also perjured herself in her written statement by attesting to have informed me verbally of her intent to detain my son. She further perjured herself by stating I had been attacked and threatened by my son, and falsely alleges that he had , smashed our tv.  Jeffrey Jennings committed perjury when he repeated Ms. Sherman's lies. Jennings alleged in his written affidavit that Isaac has attacked "his parents" and further alleges I am afraid of Isaac; like Ms. Sherman, Jennings also attests under penalty of perjury, that Isaac had "smashed" our TV.    

Ms. Sherman failed to mention at all that Isaac had been experiencing flashbacks of being at Child Study and Treatment Center, and had been talking about what is was like for him growing up; he had been attempting to process some deeply painful experiences; remembering the time he spent at CSTC and losses he experienced have caused him a great deal of grief.  He asked in agony, "How could they take so much from me, mom?"  An example of the loss he was recognizing is that he was worried about not being able to do things he did in grade-school, like math.  Nancy Sherman inexplicably, told a blatant lie that maligns and stigmatizes my son; she states in her testimony that he picked up and threw our giant screen TV at my head.  This lie is told to portray him as a "violent and dangerous" person.   What really pisses me off, is she states in her testimony that he attacked me, that I am "afraid of him."   I am afraid. I am afraid FOR my son; I am not afraid OF him!  I am afraid about what further harm can and will be done to him, by unethical mental health professionals---It was more than six months before I could sleep longer than a couple hours after these events last summer---who will stand guard and protect my son when I am asleep?

Nancy Sherman's perjured testimony was repeated by psychiatrist Jeffrey Jennings, who was to attest "only" to facts he knew, "first hand" to be true.  Which would have been absolutely no facts about what had happened when my son was in crisis; he never returned my repeated calls about Isaac's care while he was his attending physician while he was hospitalized.  This "doctor" spoke to NO ONE who knows my son; not even the mental health staff at the community clinic he goes to.  He got no first hand information from Isaac; Isaac would not talk to him.  So, this "doctor" had no idea how my son functions on a daily basis, who he lives with, or even, the emotional crisis which led to his hospitalization.  

Isaac's crisis was brought about by remembering and reliving traumatic experiences---and  he was struggling to cope with his profound losses.  These events could have ultimately been cathartic, for in reality, they presented an opportunity for some cognitive/behavioral therapy---to help process his grief and loss, and perhaps alleviate his PTSD symptoms---perhaps help him to heal a little.   Instead, Jennings put him back on the benzodiazapine he no longer took due to cardiovascular risks.(at twice the previously prescribed dose!) At the same time, he increased the dose of the neuroleptic drug he takes by 250 mg; despite the fact that the manufacturer states it is dangerous to increase the dosage by any more than a 50 mg at a time; no more often than once or twice a week, to lessen the serious fatal risks.  I later found out from reading my son's chart and talking to him, the drugs were increased punitively as a chemical restraint.  I believe this to be true since this unethical increase in the neuroletic dosage and the prescription of lorazepam occurred immediately following Jennings refusal to respect Isaac's repeated request that he be left alone so he could take a nap. Jennings went to my son's room to talk to him; Isaac, asked Jennings 3 times to please leave him alone before standing up and yelling, "get the fuck out of my room!"  So, Jennings changed the drug dosages and made the changes part of the Court Order.  Jennings charted that the drug changes were necessary due to Isaac becoming "agitated;" however, Jennings conveniently neglected to state it was his own disrespectful behavior that had been the cause of my son's "agitation."   

The Community Mental Health organization that both Nancy Sherman and Jeffery Jennings are employed by is Central Washington Comprehensive Mental Health, this clinic's records department shredded all the original Court Documents in my son's case. Doing so was a crime; the documents belonged to the Yakima County Superior Court. CWCMH is the only provider in Yakima County authorized to determine whether a person will be detained for Involuntary Treatment. CWCMH is the only contracted provider for crisis services in Yakima County, and CWCMH is entrusted to retain the original Yakima County Superior Court Record as the law requires. CWCMH records department shredded the documents immediately after scanning them into the electronic record.  When I spoke to CWCMH CEO, Rick Weaver about the unlawful shredding of Court Documents, he told me there was nothing wrong with committing this crime; stating, "we do it all the time."  He also, alleged that the Yakima County Superior Court probably "lost" the Affidavit Nancy Sherman forged to support her detention of my son; stating, "the Clerk's Office loses documents all the time!" Obviously, honesty and accountability are not valued by the CEO of CWCMH; so it it is understandable that not they are not valued by the people on his staff; understandable, but not acceptable...


Isaac has experienced outrageous neglect and abuse in foster care, a group home and at the State psychiatric facility for children.  He has drug induced neurological and physical impairments, has experienced repeated trauma as a result of being drugged with neuroleptics (known to be trauma inducing agents) and he was further traumatized by being repeatedly separated from his family.  Ultimately, my son was used in a federally funded neuroleptic drug trial without Informed Consent; it is obvious to me that unethical psychiatrists, "treatment providers," State social workers and "regulatory authorities" present the biggest risks to his safety and happiness.    

I reported all of these events to Yakima Police Department in writing in August 2010; and to the Department of Justice, Civil Rights Criminal Division, on the advice of an FBI agent.  Several weeks ago, I reported all of this to the Yakima County Prosecutor.  I also shared the substance of the multiple conversations my eldest son and I had with Isaac's Assigned Counsel, Jennifer Lesmez; told him about her refusal to accept Isaac's signed release authorizing his brother and I to confer with her and to see his  court record.  I also told the Prosecutor about the three times I had spoken to the Deputy Prosecutor, Dan Polage, prior to the hearing on August 6.  The Yakima County Prosecutor assured me he would,."look into it" and get back to me---I have left one voice mail and have gone to his office twice since reporting these crimes to him, but have not been able to talk to him, and have not received a phone call.  

I never spoke to Jeffery Jennings about Isaac's care or history or anything else.  In fact, I did not meet him until after he had discharged my son.   He then came over with two of the nursing staff and said, "I heard you wanted to talk to me."  Of course, there was no reason to talk to this dorktor by then.  The entire time he was my son's "attending physician," I saw Jeffrey Jennings one time when I visited my son.  He did not introduce himself to me, and he was my son's "doctor."  I had left a message for him with the nursing staff to please call me; and had been told by the nursing staff that he wanted to talk to me about Isaac.  I had no idea who he was---in all honesty, when I saw him on that visit, I thought he was one of the patients.   


Jeffrey Jennings recorded in the hospital chart on August 5, 2010, the day before my son was released, that he was going to release him the following day---no one informed me---there was no discharge planning, no one informed me of the court hearing scheduled for the morning of the 6th.  He recorded in Isaac's medical chart that he was releasing my son because I was demanding that he do so.  He charted his "medical decision" to release my son was because I made him do it---although I had never spoken to him, since he refused to return phone messages.  

It is ludicrous when you think about it: this guy is a psychiatrist that in effect, claims his "medical decision" to release my son is because he was coerced?  I had never met him, did not know who him at all, had never even spoken to him.  Yet, he claims his decision to release a patient is because his mother "insisted." Four days earlier, he had testified, under penalty of perjury, the same patient, "is  dangerous and violent and his mother is afraid of him...."  One can reasonably conclude Jeffrey Jennings is willing to perjure  himself iin petititions seeking a Court order for Involuntary Treatment and will knowingly enter false information into a person's medical record.

These are portions of the petition itself, which attests that Isaac "has not accepted voluntary treatment." He had in fact sought to be hospitalized.  While on the psych unit, he took drugs as prescribed, did not try to leave, and agreed he needed to be there---All of which begs the question, What was the basis of the psychiatrist and the designated MHP asserting that Isaac was not willing to accept voluntary treatment?

DOES THIS BIG SCREEN TV LOOKED SMASHED?

Isaac lives with me, and it is just us in the home.   He has not seen his other parent in over a decade, yet he had, according to the Designated Mental Health Professional, "threatened" BOTH of us---The alleged threat against the hospital staff is not documented.---It seems to me, the actual threat itself, e.g. the words said and behaviors exhibited, would be necessary for this allegation to comply with the Rules of Evidence, and be offered as testimony.  The incomplete statement, "threatened parents and staff" without a description of the alleged threat; does not meet the standard necessary to comply with the  Rules of Evidence.  The reality is, he threatened no one.

I told the Prosecutor (who I actually voted for) that the Deputy Prosecutor failed in his duty by failing to investigate the factual basis of the questionable testimony used against my son.  How difficult would it have been for the Deputy Prosecutor to have asked Yakima Police Department to send a squad car to my home?  In order for a Court Order to be lawful, the evidence used to obtain it must have a factual basis.  Testimony is direct knowledge--not rumor, innuendo, gossip, and made up stories; which are all that were used against my son.  There is no excuse for mental health practitioners seeking court orders using false testimony.  There is no excuse for a defense attorney failing to mount a defense---it is unethical, it is negligent, it is malpractice--it is a violation of my son's right to effective assistance of counsel. 


A Court Order based on felony perjury and forgery committed by two "Mental Health Professionals" acting as agents of the State of Washington is illegal.  Instead of dropping the Court Order, the Deputy Prosecutor extended it, based on the false testimony of Jeffery Jennings.   The Court Order should not have been extended, much less, allowed to remain in effect until it expired!   Why are felonious acts accepted and not impugned when investigated by the appointed State "investigator?"  The reason cited by Jeffrey Jennings to petition the Court for the authority to forced drug my son had nothing at all to do with what was in my son's best interest, or any medical necessity, it was "based on maintenance of the ethical integrity of the medical profession." Which is obviously not ethical medically, it is not only ironic, but sickening really; all things considered...How is it my son's responsibility or even possible that drugging my son could do such a thing? Jennings treated Isaac patient for over a week but refused to return multiple messages lift at the hospital and at his office at CWCMH, he did not confer with Isaac's GP, or Isaac's  mental health providers, his brother, and or myself.  He also did no discharge planning although he entered his intent to release Isaac the day prior to releasing him. These facts are evidence of medical negligence, and an utter lack of "ethical integrity."  It defies reason to believe that drugging a person under color of law could "maintain the ethical integrity" of a psychiatrist; much less, maintain the ethical integrity of the profession! Involuntary Treatment is magic used to "maintain the ethical integrity of the medical profession" in Washington State. 

A Final Note

The Deputy prosecutor did nothing to verify the accuracy of statements made by either Nancy Sherman or Jeffrey Jennings; he had a duty that he failed to carry out with due diligence, and for a prosecutor, that is not acceptable.  The very same can be said for Jennifer Lesmez, my son's "defense" attorney, who mounted no defense for her client.

"All that is required for evil to prevail is for good men to do nothing."  
Edmund Burke

Specific Federal Rules of Evidence (that were not followed) are below. While these proceedings took place in Washington State Superior Court, these Standard Court Procedural Rules are applicable; the Cornell site is easily accessible and user friendly. 

Rule 602. Lack of Personal Knowledge

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of rule 703, relating to opinion testimony by expert witnesses.

Rule 1002. Requirement of Original

To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.
Rule 1003. Admissibility of Duplicates  
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

"I believe we must speak our conscience in moments that demand it, even if we are but one voice." 

Richard B. Sanders