Why are my son's rights being violated and why is he being tortured?

RCW 9A.76.020 Obstructing a law enforcement officer.

(1) A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

     (2) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

     (3) Obstructing a law enforcement officer is a gross misdemeanor.

9A.76.027
Law enforcement or corrections officer engaged in criminal conduct.

RCW 9A.76.023 and 9A.76.025 do not apply when the law enforcement officer or corrections officer is engaged in criminal conduct.

[1998 c 252 § 3.]

There is no planned release date....


Planned release date is subject to change. If a person is not sentenced on all charges the Planned Release Date will reflect the last release date known.

Yakima Municipal Court docket

4Z0363205

Murphy, Isaac Scott

Defendant

Criminal Non-Traffic

08-19-14

08:30 AM

2

His next court date is almost a month away...So much for speedy trial rights...My brain damaged son (brain damaged by psychiatric drugs used off-label) has no clue WHY he is in jail...I believe he was incarcerated to prevent me from giving him a telephone so he could call for help, or call ANYONE he actually knows...That, and the fact that the evidence of his torture as a child is being considered in an International Court on torure in the United States.

Washington State's Involuntary Treatment Act legalized discrimination and Civil Rights violations

This post is in response to an OP-Ed in the Seattle Times written by Walt Stawicki which was published January 5, 2013 

No one is free when others are oppressed.

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

~Abraham Lincoln

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

via The Seattle Times:

Op-ed: Mental illness and violence — what must change in Washington state

We’re in denial about the connection between mental illness and the shootings at the school in Newtown, Conn., the movie theater in Aurora, Colo., and Cafe Racer in Seattle, writes guest columnist Walt Stawicki 

"We’re in denial about the connection between mental illness and the shootings at the school in Newtown, Conn., the movie theater in Aurora, Colo., and Cafe Racer in Seattle. These statistics suggest that half or two-thirds of spree shooters were often formally diagnosed, formerly hospitalized, or had shown rage, aggression, paranoia and/or delusional thinking.

"If half to two-thirds does not suggest a pattern, what can? Would it be suggested by the extensive statements of family members who lived with the emergent dangers?" read here

All due respect to Mr. Stawicki, who is seeking to help other families, the perspectives and the needs of family members who are concerned about a loved one with mental illness, are valid and important, but are not necessarily the perspective from which a rational response to tragedy will come. The sense of social responsibility that Mr. Stawicki has is admirable.  That said, I find it troubling that this OP-Ed was published in the State of Washington's largest newspaper with no source given for the "facts" it contains. Mr. Stawicki flatly declares that the criteria to have a person civilly committed is too strict, and needs to be loosened up; because he says, that's what families have told him. I suspect, that his opinion is offered at least in part because Mr. Stawicki was sought out, "informed" and encouraged to advocate by DJ Jaffe; a forced treatment proponent who lives in New York State. 

Mr. Stawicki, by his own admission, has no experience with the mental health system, no history of unsuccessful attempts to access mental health services for his son. In light of this lack of experience, it is troubling that he states,  "In most cases, families see something coming. Even though we may be afraid of what our loved ones may do, we have learned that the system is not going to help until it’s time for ambulances and body bags." 

Mr. Stawicki did not cite any sources for the "statistics" he used in his editorial, and has no personal experience to base his belief that "the system is not going to help until ambulances and body bags are needed" on.  This statement and Mr. Stawicki quoting DJ Jaffe making the outrageous claim that, "There are ways to know which mentally ill individuals become or are likely to become violent," undermines his credibility as an advocate. This quote is an opinion without a factual basis. It is an outrageous claim for a so-called "advocate for the seriously mentally ill" to make, and Mr. Stawicki using it as if it is a fact, is irresponsible. The professional literature is quite clear that there is not yet any way to reliably predict who will become violent.  The methods the professionals do have to assess the risk for violence are not accurate enough to reliably predict an individual's potential for violence. Additionally, the belief that psychiatric treatment can prevent violence is contradictory to well documented adverse effects of the psychotropics drugs that psychiatrists use to treat mental illnesses they diagnose that are known to cause  violent, aggressive, suicidal and homicidal behaviors.  

via the American Psychiatric Association: 

Position Statement on Assessing the Risk for Violence

Approved by the Board of Trustees, July 2012
Approved by the Assembly, May 2012

"Policy documents are approved by the APA Assembly and Board of Trustees…These are…position statements that define APA official policy on specific subjects…" 

– APA Operations Manual.

This position statement was proposed by the Workgroup on Violence Risk of the Council on Psychiatry and Law.

During their careers most psychiatrists will assess the risk of violence to others. While psychiatrists can often identify circumstances associated with an increased likelihood of violent behavior, they cannot predict dangerousness with definitive accuracy. Over any given period some individuals assessed to be at low risk will act violently while others assessed to be at high risk will not. When deciding whether a patient is in need of intervention to prevent harm to others, psychiatrists should consider both the presence of recognized risk factors and the most likely precipitants of violence in a particular case.

The members of the Workgroup on Violence Risk are: Alec Buchanan, M.D. (Chairperson), Michael A. Norko, M.D., Renee L. Binder, M.D., and Marvin Swartz, M.D.

While there is no way to know for certain, it is possible the tragic events in which Ian Statawicki shot and killed five people, and injured a sixth before taking his own life, may have never occurred had he been prosecuted for the two assaults he committed in 2007 and 2010.  He was not prosecuted because a girlfriend and his mother lied about what had occurred, and the King County and Kittitas County Prosecutors had to drop the assault charges against him.  

HAD IAN STAWICKI BEEN PROSECUTED FOR ASSAULT EITHER OF THE TWO TIMES HE WAS ARRESTED, HE WOULD NOT HAVE HAD THE RIGHT TO OWN OR POSSESS ANY FIREARMS; HE WOULD NOT HAVE BEEN ALLOWED TO GET A CONCEALED CARRY PERMIT. HAD IAN STAWICKI BEEN CONVICTED, HE COULD HAVE BEEN REQUIRED TO GET THE TREATMENT HIS FATHER SAYS HE NEEDED AS PART OF HIS SENTENCE.

via Seattle Times:

"One of Stawicki's ex-girlfriends, who he dated for three years, noticed his personality "suddenly changed" in late 2007, when he began flying into a violent rages, according to a domestic-violence court filing. In February 2008, she came home to find Stawicki smashing more than $1,000 worth of belongings, including her computer monitor and vinyl-record collection.

"When she tried to call 911, "All of a sudden I was on the ground and my nose was bleeding," she told police.

"He grabbed his .45-caliber handgun and fled into nearby Discovery Park before a police K9 unit tracked him down.

"He was charged with four domestic violence-related misdemeanors, but the charges were dismissed when the woman filed a sworn statement to Stawicki's attorney, Michael Kolker of Seattle, disputing the police report. Kolker declined to comment.

"Two years later, in March 2010, Stawicki displayed similar rage when, according to police report, he attacked his brother, Andrew, at their family's Ellensburg home. Stawicki said he "was blind" because of his younger brother, and began punching him in front of their mother.

"Andrew Stawicki said the incident is the reason he stopped talking to his brother.

"Ian Stawicki was again charged with misdemeanor assault, and represented by Kolker. This time it was his mother disputing the police report, describing it as a verbal, not physical, confrontation, and prosecutors dropped the charges." read  here 

I live here in Washington, and I have all my life, as have my children who are now grown. I have no doubt that the civil commitment criteria in Washington State's Involuntary Treatment Act do not need to be lower than they are currently. Washington State allows gossip and hearsay to be used as "evidence." I know for a fact from experience, that when the current standards are not followed, there is no investigation, even though the Law states it is a requirement. I know for a fact that perjury and forgery can be used by unethical mental health professionals with impunity. These "professionals can then shred the original Court documents and cover up their crimes; knowing that no criminal investigation will be conducted if  the crimes are reported. The reality is, when people with serious mental illness are the victims of crime, the perpetrators are seldom held accountable.  Even if the perpetrator is a Police Officer another one here.

Two of my major issues with mainstream advocacy groups and and advocates like DJ Jaffe is the utter and complete failure to do any advocacy for bringing those who  perpetrate crimes harming and killing the people diagnosed with mental illnesses to justice. The other, is the fact that these groups are silent about the amount of fraud and blatant corruption in psychiatry through it's collusion with the drug industry. It is pseudo-science with consensus based psychiatric diagnoses and "medical," e.g. psychopharmacological treatments.  Instead, these sort of advocates capitalize on tragedies involving mentally ill victims and/or perpetrators and enlist the parents as advocates for the forced treatment agenda. Advocating for an agenda is not the same thing as advocating for the people who have a psychiatric diagnosis that the forced treatment agenda is going to be implemented against. 

I have not been myself since the summer of 2010 when I realized that many things are just not at all how I believed them to be. This realization is painful, as were the events which brought it about. Felony crimes were committed in Yakima County Superior Court against my son, and when I filed a criminal complaint reporting the crimes with Law Enforcement, and the Division of Behavioral Health and Recovery, Health and Human Services Office of Civil Rights, and the Department of Justice, Office of Civil Rights, Criminal Division--nothing happened. Well, some things happened; however, none of the things that should have happened, have happened. No investigation, no prosecution, and no conviction for the felony crimes committed by medical and legal “professionals” who abandoned their training, the ethics of their chosen professions, their duty to my son and their duty as Officers of the Court. Using a forged document and perjury as “evidence” these people went into Yakima County Superior Court to obtain Court Orders to detain and subsequently commit my son. These crimes were committed when he sought to be hospitalized because he was in crisis. He had committed no crime. He has never refused to take prescribed medications; nor has he ever refused to go to scheduled appointments.

Although involuntary treatment commitment proceedings are considered, “civil” as opposed to “criminal;” one should have no doubt that the loss of one’s liberty and the loss of legal and political status, without being afforded equal protection under the law, is a violation of one’s Human Rights, codified as one's Constitutional rights, here in the United States. The consequences are as detrimental, if not more so, than the consequences for a misdemeanor criminal conviction. The consequences of a civil commitment proceeding which results in a Court Order, can conceivably last the remainder of one’s lifetime. The legal protections the law affords a person in a civil commitment proceeding is less than that afforded criminal defendants; even if the person facing involuntary commitment is not suspected of committing any crime...Not unlike a misdemeanor criminal conviction, a Court Order for involuntary treatment alters a person’s legal status; however, unlike most criminal convictions, a civil commitment may ultimately result in a lifetime deprivation or limitation of the individual's Liberty; vis-à-vis community treatment orders.


Why are there different, and much lower standards used in Civil Involuntary Commitment proceedings than in any other type of Court proceeding? The Involuntary Treatment statute deprives a person of their individual Constitutional Rights which are preserved and defended for people who are charged with crimes.   

1. The “evidence” required to obtain a Court Order to detain, and/or commit a person can be nothing more than hearsay, speculation, gossip and innuendo. In my son's case, the "evidence" was fabricated by unethical mental health "professionals" who acted Under Color of Law with impunity. The mental health clinic that employs them shredded the original court documents, a violation of the law that was reported, but never investigated or prosecuted.

2. It is alleged or implied in these proceedings that the person has a “brain disease” a genetic defect, or a "chemical imbalance" and that it is a psychiatric diagnosis that can be corrected, or at least, “medically treated.” No factual evidence is offered to substantiate what is alleged or implied; nor is any evidence that the person has a disease or defect even required.

3. Standard Court Procedures are not followed. By law, following Standard Court Procedures is not required in civil commitment proceedings.

4. The person subjected to these proceedings is appointed an attorney; however, this does not mean that Effective Assistance of Counsel is provided. Not only are the legal, social and political consequences of a Court Order for Involuntary Treatment  profound; the medical consequences can be lethal--A vigorous defense is needed, yet rarely is any defense, let alone a vigorous one, even attempted. An attorney was assigned 700 Involuntary Commitment cases to defend in one year working as Assigned Counsel in Yakima County's Office of Assigned Counsel, he unabashedly admitted that he had unsuccessfully mounted a defense in 3 of the 700 cases.

The obvious detrimental social, political and legal consequences to the person court ordered to Involuntary Treatment demands that individuals who are subject to these proceedings have equal protection under the law. It is ethically, legally and morally indefensible that the law requires so much less. It is an intentional violation of an individual's civil rights. It is a legally mandated social policy that “legalized” discrimination against an entire class of people. It purposely deprives people of their individual rights Under Color of Law. It is inhumane to deprive vulnerable people of equal protection under the law. The attempts to justify this social policy by claiming it is in a victim’s “best interest;” or that any of this is done “for their own good” is all things considered, truly despicable and utterly reprehensible.

The answer to “Why are there different, and much lower standards used in Civil Involuntary Commitment proceedings?” It is because there is no evidence that a psychiatric diagnosis of schizophrenia, for example, is caused by a brain disease or genetic defect. It is a hypothesis, not even a theory. Therefore, there is no evidence to offer a Court that complies with or conforms to the Rules of Evidence used in Courts of Law in every other criminal or civil proceeding. These involuntary treatment hearings can only be undertaken by depriving individuals of their Constitutional Rights. So, this unconstitutional law further declares that the standard Rules of Evidence do not apply, and neither do Standard Court Procedures. 

Psychiatry is not an ethical medical practice, if it were, it would use ethical medical principles. It would not use fraudulent and discredited research, and adopt standards based on subjective opinions. It would not rationalize and justify misinforming patients and the general public about the nature of psychiatric diagnoses and treatments as being done "for their own good." Psychiatry if it were an ethical medical practice,would not later claim that professionals were stating diagnoses are diseases not because it was the truth,(because it is not) but it was simply, "a metaphor" used to help patients "understand" how important taking their drugs and being "treatment compliant" is. What a despicable juvenile rationalization and justification for an intentional deceit that in effect, and in fact made committing criminal fraud a standard clinical practice. Psychiatrists participated in widespread corruption and fraud to "practice medicine." The billions of dollars of fraud that the pharmaceutical industry has been fined for what is still an ongoing criminal enterprise has netted taxpayers billions of dollars in fines; a very small percentage of what was defrauded from the public coffers. The fraud and and illegal marketing could not have been implemented at all without the willing cooperation and felonious complicity of psychiatrists who are considered "leaders" in the American Psychiatric Association and the American Academy of Child and Adolescent Psychiatry. Every one of the "patient advocacy groups" have some of these same criminals serving as "scientific advisers" and/or Board members.

If Involuntary Treatment is, "in the patient's best interest," and "for their own good..." 
I'm Mary Freakin' Poppins!

Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.

C.S. Lewis

Grace E. Jackson, M.D., affidavit on toxicity and brain damage

Involuntary Commitment and Forced Psychiatric Drugging in the Trial Courts: Rights Violations as a Matter of Course, by James B. (Jim) Gottstein, 25 Alaska L. Rev.  51 (2008).

Neurleptic Drugs and Violence Catherine Clarke SRN, SCM, MSSCH, MBChA.
and Jan Evans MCSP. Grad Dip Phys.

Comprehensive Mental Health planning new 16-bed mental health facility

Central Washington Comprehensive Mental Health Crisis Center 

the addy for this pic: http://www.cwcmh.org/img/jailPic.jpg #howNOTnice but it is apropos...

via Tri-City Herald:
By Molly Rosbach, Yakima Herald-Republic
Yakima Valley Memorial to close psychiatric unit

I wonder if it has to do with the illegal commitments? When people are Court Ordered, the SOW picks up the tab, instead of the $ coming out of Yakima County's MH funds. Central Washington Comprehensive Mental Health has a way of conducting business in a manner that is less than legal. Specifically, staff have been known to have people who are seeking to be hospitalized, illegally detained, then Involuntarily Committed. Staff then shred the original Superior Court Documents, to cover up the crimes committed. It is (obviously) illegal to shred original Court Cocuments. It is a felony crime to commit forgery and/or perjury, each is punishable by up to ten years in prison here in Washington State.

Nancy Sherman, Designated Mental Health Professional, committed both forgery and perjury, and psychiatrist, Jeffery Jennings, committed perjury when my son sought to be hospitalized. Jennings also provided negligent and unethical care; in the eight days he was my son's 'dorktor," Jennings intentionally did not speak to anyone who knew my son. Even though he had his GP's, his Psychiatrist's, his Counselor's, his brother's, and his mother's contact information. Jennings also entered into my son's Hospital Chart falsehoods about my son's medical history, he also put him back on a Benzodiazepine at TWICE the dose he had totally withdrawn from, due to Cardiac risk, all of this information was available to Jennings in records that were in my son's chart. Jennings also entered into the medical record that he released my son when he did, because I made him! How this could be when we never spoke the entire time he was my son's 'attending physician.' (Jeffrey Jennings would not return multiple messages I left for him, at the hospital and at Central Washington Comprehensive Mental Health where both he and Nancy Sherman are employed)

The thing is, Memorial is not, as the kids say, "down with" violating Federal Law, violating people's rights; much less, violating a multitude of laws and multiple people's rights...The way CWCMH conducts business, puts Yakima Valley Memorial Hospital in a position of liability. This a business decision, and probably not due to the $ paid by Medicaid---if that were the case, Memorial would have done this before now...They have never been adequately reimbursed for State Medicaid clients. Anyone not in a coma, with a modicum of critical thinking skills, would comprehend the serious liability it is to conduct business with an organization whose employees casually violate Federal Laws.

Strangely, it seems CWCMH has a secret rule that says there is nothing wrong with employees committing Felonies and then SHREDDING ALL THE ORIGINAL COURT DOCUMENTS to cover their tracks. Designated Mental Health Professional, Nancy Sherman committed forgery and perjury, psychiatrist, Jeffery Jennings committed perjury; as well as knowingly entering false information into my son's medical record, which is also a Felony. The CEO of Comprehensive, Rick Weaver at first tried to tell me that the County Clerk, lost the missing documents; saying the clerk, "loses Court Documents all the time." Less than politely, I told him I didn't believe him. He then said, there was nothing wrong with shredding Original Court Documents, stating, "We do it all the time." Unethical, illegal and just plain dishonest; and soon to be the only option; as the Church Lady on SNL used to say:

read Yakima Valley Memorial to close psychiatric unit here 

The preceding is the comment I left on the local paper's online website. I discovered the link was broken and linked to the Tri-City Herald posting my comment there and republishing it 1-3-2012 

When my son was illegally committed in Yakima County for six months in the community four days after a fouteen day order for inpatient commitment was obtained, the hearing lasted all of one minute and twenty-six seconds. My son's assigned counsel presented the prosecution's case, a Court Order was granted authorizing what started out as the illegal Emergent Order to Detain Nancy Sherman, Designated Mental Health Professional obtained using perjury and a forged document.  I've known for well over a decade that Rick Weaver, the CEO of Central Washington Comprehensive Mental Health has no ethical integrity; it is apparent he does not require any from mental health 'professionals' who are employed at CWCMH. 

What would you think if you, or your beloved son went to the hospital and were put on a medication that your regular prescriber had taken you off of due to cardiac risk? My son has had Tachycardia since he was a teenager from the drugs prescribed Off Label; and without Informed Consent in Washington's only State run Children's psychiatric facility. I am outraged and disgusted with how 'mental health treatment' is provided, as if ethical integrity and the outcome for the patient is not relevant. I know that not all psychiatrists and mental health workers treat people like my son has been treated; I just wish there was one where we live.

When I brought my son home after this chain of events, it was three weeks before I could persuade him he was safe enough to go outside the house. He is 6'3" tall and weighs 280 lbs., and he was terrified. My giant son was AFRAID to step into our own yard for pities sake! I had to convince him he was safe. I have to admit, it is one of the hardest things I've done. I know it's a lie. I feel sick about it. I DO NOT LIE to my children. Telling this lie was the only way I could convince him to step outside. I don't believe my son, or anyone with a psychiatric diagnosis, in crisis is safe from unethical mental health professionals.

 My son deserves better, WE ALL DO.

Read more here: http://www.tri-cityherald.com/2012/05/21/1947526/yakima-valley-memorial-to-close.html#storylink=rss#storylink=cpy

A MadMother: Speaking Truth to Power

Justice will overtake fabricators of lies and false witnesses.
Heraclitus 

email sent at 10:38 am September 10, 2012
to: Senator Curtis King ,
"Moorhead, Ronald (DSHS/HRSA/DBHR)" ,
Representative Charles Ross ,
Representative Norm Johnson ,
Rick Weaver , (Mr. Weaver changed his email address so he didn't receive this email)
Steven Hill ,
Kevin Bouchey ,
Rob McKenna ,
"Reed, David L. (DSHS/HRSA/DBHR)" ,
"San Nicolas, Ronald J. (DSHS/HRSA/DBHR)"

cc: Jeanette Barnes ,
Jeanette Barnes

bcc: Michele Herman

Gentlemen,

My blog is getting a tremendous amount of traffic and I thought you would like to see one of the latest posts titled, A MadMother In Pro Per There was also a google search "onus on state employee" which was directed to my blog post titled, Constitutional Rights Violations Committed Under Color of Law in Washington State To say I am disappointed in the abject failure to perform your duties with honor and integrity is an understatement. Your failure has meant that my son was further traumatized by the felonious behavior of Mental Health "professionals" who work for Central Washington Comprehensive Mental Health acting Under Color of Law, with the authority granted to them by the State of Washington's Involuntary Treatment Act, with impunity. I hope you all are proud of the fact you failed to come to the defense of a young man who has regularly been victimized by people who work for the State of Washington and it's contracted service providers ever since he was first victimized by violent assault while in foster care at the age of three years old, when he was beat up and put in a closet. Personally, I think your failure to hold Jeffrey Jennings, psychiatrist, Nancy Sherman, Designated Mental Health Professional, Dan Polage, Deputy Prosecutor, and Jennifer Lesmez, Assigned Counsel, legally accountable for their felony crimes is despicable.

Rick Weaver, you first claimed that the reason Nancy Sherman's forged affidavit wasn't in the Yakima County Superior Court Clerk's office, was because, "She loses court documents all the time." That is slander. That you then claimed there was nothing wrong with shredding all of the original Yakima County Superior Court documents is very telling. It says a great deal about your ethical values, and your integrity (and the lack thereof). That you would actually state that there is nothing wrong with such an egregious violation of the law and failure to comply with Standard Court record-keeping procedures, while you are the CEO of the ONLY community mental health clinic that serves all of Yakima County to provide such services for the State of Washington is evidence of your unsuitability for the job you hold.

David Reed I want you to know that lying to me when I asked you if there had ever been any complaints about civil rights violations being committed in the implementation of the ITA was really stupid. I already knew the answer; I was aware that Governor Gregoire had appointed you to look into the complaints.

Richard Kellogg you informed me on September 13, 2010 that you would be looking into the complaint I filed on my son, Isaac's behalf; you stated that I would be hearing from you---I'm still waiting.

Rob McKenna, you have been aware of this entire situation for almost a year, and have not once responded to my email or phone messages. To say I am disappointed that the State's Attorney General failed to act when the State of Washington obtained a Court Order based on Nancy Sherman's perjured testimony which she supported with a forged affidavit simply means that the State of Washington has no problem when State agents, the designated Mental Health professionals violate State and Federal Law when obtaining Court Orders to involuntarily commit mentally ill people to a psychiatric Treatment and Evaluation facility.

Senator King, and Representatives Ross and Johnson I voted for you and for the AG; I won't be making that mistake again.

picture of Lady Justice found at World Religions

It Took One Minute...

...and twenty-six seconds.

"I believe we must speak our conscience in moments that demand it,

even if we are but one voice"

Richard B. Sanders

This was sent to my State Senator and State Representatives, all the members on the Judiciary Committee, and The Health and Human Services Committee in the Washington State Legislature.  I voted for these guys; now I wonder why...Not a one of them has returned a call, or answered an email.  Not like former Representatives and Senators Mary Skinner, Jim Clements and Alex Deccio AT ALL.... I also sent it to State employees working for the State of Washington at the Division of Behavioral Health and Recovery.

This is the first blog post. It appears here with minor changes for clarity.  An update is also added for the 2 year anniversary of Involuntary Transformation which I started on September 4, 2010.

To whom it may concern:

The hearing stripping my son of his liberty and his Constitutional Rights to Procedural and Substantive Due Process lasted one minute and twenty-six seconds. My son's assigned counsel presented the prosecution's case, and a Court Order was granted authorizing a 14 day extension of a fraudulently obtained Emergent Order to Detain. The order to detain was sought by a Designated Mental Health Professional, "DMHP" who committed forgery, and perjury, which means that everything that followed was based on fraud. The agency that runs the crisis center in Yakima County, claims to have shredded all of the original Superior Court Documents; this is also a violation of the law. Rick Weaver, the CEO of Central Washington Comprehensive Mental Health, told me, "We do it all the time." He also stated that the Yakima County Superior Court Clerk loses documents all the time. I have no doubt the man is a liar. I've known for well over a decade he has no ethical integrity, and it seems he is without conscience.

No evidence was presented other than by my son's assigned (Defense?) attorney, Jennifer Lesmez WSB#34547 informing the judge that Isaac signed everything she had asked him to. He agreed he would stay in the hospital for 14 days and take whatever the doctor prescribed, and that this order could also be extended. He lost his gun rights permanently. (I personally don't care, he definitely doesn't -- he's afraid of them) He has been labeled as unwilling to seek help when he needed it--a lie. However, I do care that in fact, this is a violation of his Constitutional Rights. That there exists an an ongoing violation of his Constitutional Rights as long as this court order stands.

Court procedures are not only supposed to be lawfully conducted, they are to have the appearance of being lawfully conducted. The only evidence presented was his attorney testifying that he agreed he needed to be in the hospital--indeed he had sought to be hospitalized and had not tried to leave or object to being medicated. In fact, in crisis he did not object when Jeffrey Jennings put him back on the benzodiazapine he had been taken off of due to cardiac risk; AT TWICE THE DOSE. Without consulting Isaac's psychiatrist, his primary physician, or speaking to anyone who had direct knowledge of Isaac's care or condition for the previous 10 months! The people he did not consult included me, I am his mother, and care provider, whom he lives with; and his brother. Both of us escorted him to the crisis center and feel betrayed by this experience; we bear a guilt that is not our own. We foolishly placed our trust in this facility; and placed him in harm's way. Nancy Sherman betrayed our misplaced trust, as did Jeffrey Jennings and CWCMH CEO, Rick Weaver.

The entire time he was a client at CWCMH, he was assisted by me when any of the "business" part of getting his care was conducted. Apparently this doctor skipped the day the Hippocratic Oath was taken. I have read the chart of his entire inpatient stay. By the time this kangaroo court was held a little before nine in the morning on August 2nd, Isaac had been at the hospital since a little after 5 pm the previous Wednesday evening. His chart reflects that he remained calm, kept to himself and caused no problems on the unit. I raised holy hell from the time I found out by accident that my son was under a court order. I had visited Isaac Monday evening and I wonder now why he had no copy of the court order itself, or any of the documents submitted as “evidence”--what is missing? I know what is, the appearance of FAIRNESS, i.e. the appearance of Justice being done, is missing entirely.

What would you think if you went to the hospital and were put on a medication at twice the dose that your previous doctor advised you to no longer take due to the risk to your heart? You have Tachycardia, like my son. Would you want a second opinion? Prior to switching to his current doctor, Isaac had received his mental health services at Central Washington Comprehensive Mental Health, (CWCMH.) Isaac didn't want to go there anymore because he said, the doctor did not listen to him. In fact, after his last appointment with the Dr. that he saw at CWCMH and before he had his first appointment with his current one, he told me one evening, "I haven't had a doctor listen to me since Dr. Holttum." My son was almost 22 when he said this. It had been nine years since he had seen Dr. Holttum. He had two doctors in the five years and ten months here in Yakima since I brought him home from CSTC, and at least two for the four years and three months at CSTC in Tacoma; and he doesn’t believe any of them have listened to him. My heart aches for my boy.

I ask you all, "Is this how this law is supposed to be enforced, enacted, perpetrated?" In it's entirety, the court record is actually clear and cogent evidence of a  felony crimes being perpetrated against my son in the hospital and in Yakima County Superior Court.   

Does this chain of events, which were criminal acts reflect the legislature’s intent when due to being heavily lobbied and misinformed by members of NAMI and the Treatment Advocacy Center, it passed RCW 71.05 and the subsequent revisions, to what is informally known as The Involuntary Treatment Act?

I suggest the judiciary committee quickly ascertain what needs to change to ensure this does not happen again. This type of lawless application of the Involuntary Treatment Act puts the State in a position of liability. Agents authorized by the State of Washington violated both Federal and State laws, and violated my son's Constitutional Rights. The people who committed these crimes, and the CEO of the CWCMH appear to have no concept of the ethical treatment of human beings and seem to lack the integrity to perform their jobs AS IF they have an ethical and a legal duty to comply with the law; and  obviously don’t understand that Rules of Evidence need to be followed; i.e. perjury and fraud are not “evidence” that should be used when seeking Court Orders. It is necessary for Court proceedings to comply not only the with letter of the law, but the spirit of the law by having the appearance of Justice being done.  The only conclusion I have come to as a result of the utter and complete failure of the criminals who perpetrated these crimes and made a mockery of the Superior Court, is that the Constitutional Rights of the "mentally ill" and provisions within Washington State’s  Involuntary Treatment Act  which theoretically preserve and defend individual rights when court ordered to involuntary treatment, are outlined within the statute for appearances only. The protections codified in the Constitution of the United States of America and in Washington State’s Constitution to Substantive and Procedural Due Process are not being effectively preserved, and the failures are not being investigated when they are reported.  In fact, it is obvious to me that having  mental health professionals act as agents for the State of Washington who have no clue on how these individual rights are actually preserved and defended is a guarantee that they will be violated as a matter of course with impunity.  The fact that these crimes were not investigated, by Law Enforcement, but were “investigated” by two social workers who did not speak to any witnesses who were present, and did no fact finding whatsoever---and apparently had not read The Hardy Boys or Encyclopedia Brown as kids either... All of this gives the impression that the State of Washington is intentionally violating the individual rights of people who are being committed Under Color of Law to Involuntary Treatment by the Superior Court of the State of Washington.

No evidence based on the facts was presented. Isaac was not present to face his accusers, no accusers were heard giving testimony. Indeed, only my son's attorney's voice is heard on the recording of the third hearing;  she sounds like the prosecutor; not a court appointed advocate for the defense; she basically put forth the State’s case. There is ample evidence this attorney purposely mounted no defense at all.

The following subsection defines the State's responsibility in Involuntary Treatment proceedings. I first informed a staff person at DSHS/BHR/DBHR--Ronald Moorhead, who told me that the department could not do anything since the Court was involved.

He actually claimed the State had no authority in Civil Commitment proceedings! The following is the sub-section of Washington State's Involuntary Treatment law that describes the department's obligation. The law grants the department the authority to investigate; indeed, it states the department has a legal duty to do so.

RCW 71.05.520

Protection of rights — Staff. The department of social and health services shall have the responsibility to determine whether all rights of individuals recognized and guaranteed by the provisions of this chapter and the Constitutions of the state of Washington and the United States are in fact protected and effectively secured. To this end, the department shall assign appropriate staff who shall from time to time as may be necessary have authority to examine records, inspect facilities, attend proceedings, and do whatever is necessary to monitor, evaluate, and assure adherence to such rights. Such persons shall also recommend such additional safeguards or procedures as may be appropriate to secure individual rights set forth in this chapter and as guaranteed by the state and federal Constitutions.

[1973 1st ex.s. c 142 § 57.]
September 2, 2012
The psychiatrist and the Deputy Prosecutor involved in violating my son's rights, are no longer employed by CWCMH and Yakima County respectively.

After these events, Washington State authorities failed to conduct a criminal investigation into the multiple felony crimes I reported.  I called David Reed, Manager for Adult and Older Adult Services Mental Health Division/DBHR to ask if there had ever been any allegations made that any individual's Constitutional Rights were violated in Involuntary Commitment proceedings---I knew the answer; I wanted to know if the man would tell the truth. He did not. He claimed to be unaware of any such complaints at all.

Governor Christine Gregoire appointed David Reed to investigate allegations that several individuals  had their individual rights violated in civil commitment proceedings in 2008. Why were reports that federal crimes had allegedly occurred not investigated by the State Police?  Having social workers who work for the State conduct what is (or should be) a criminal investigation is inappropriate; it is  an obvious Conflict of Interest. Being an Attorney, Christine Gregoire should have known better. Perhaps the real purpose of David Reed's 'investigation' was to provide the appearance that the State of Washington takes allegations of federal crimes committed against vulnerable people seriously. Let's be real, a complaint that alleges an individual has been confined and drugged without Procedural Due Process, is a Criminal Complaint---what training in criminal investigation has David Reed had?  Prior to filing my complaint with the State of Washington DSHS/MHD/DBHR two years ago, I filed a complaint with the Yakima Police Department, on August 7, 2010. After first filing the complaint with DSHS, on the 10th of August 2010, I also filed complaints with Disability Rights Washington, the GCBH Ombudsman both claimed they can not get involved when there is a Court Order... It seems to me that the State's response (and lack thereof) is simply an abdication of duty which is mandated by state law. The State wants to appear as if it takes crimes which violate the individual rights of the mentally ill 'seriously,' and also appear to conduct 'investigations' alleging criminal violations and improper application of statutory authority, without actually doing so. Criminal complaints need to be investigated by people trained to conduct criminal investigations, i.e. Law Enforcement.

The complaint I filed on my son's behalf was not taken seriously, and the so-called 'investigation' was conducted on October 27, 2010. I finally received a copy on November 30, 2010.  The so-called investigation addressed not a single one of the actual crimes which I reported---it consisted of a review of paperwork, and simply repeats the perjured testimony of Nancy Sherman and Jeffery Jennings. The report concludes by stating, "This process is about checks and balances and it is the opinion of the investigators reviewing this case that the rules were followed and that his rights were repeatedly and consistently respected as called for in the law."  Simply ludicrous all things considered.  The 'process' addressed none of the  Federal Crimes committed by Central Washington Comprehensive Mental Health employees when obtaining a Court Order to detain and involuntarily treat my son, and did not even mention that the original Court Documents had been illegally shredded by Central Washington Comprehensive Mental Health.

The basis for the initial detention sought by Nancy Sherman was her own perjured testimony in which she claimed that only Nathan had accompanied Isaac to the crisis center. In fact, both Nathan and I had accompanied Isaac. Nancy Sherman also supported her petition to detain with a fraudulent Affidavit that she attests to attaching to her petition but never filed this forged document with the Court Clerk. There is no polite way to say it: That bitch needs to lose her license to be a mental health professional, and be criminally prosecuted for the felony crimes she committed.  the “investigators” do not even mention that NO original documents existed for them to examine. The fact that all of the original Court record were shredded immediately by CWCMH is illegal, yet this crime is not even mentioned in the “investigator’s” report. In fact, the report states, "the rules were followed" and conclude that my son’s rights were protected. I can only conclude that felony perjury and fraud and shredding Superior Court Records are not against “the rules” when the State of Washington Under Color of Law deprives individuals of their Liberty and Court Orders them to psychiatric treatment based on testimony of people like Nancy Sherman and Jeffrey Jennings who have no problem lying under penalty of perjury in Superior Court and their boss, Rick Weaver, CEO of CWCMH, who stated that there is nothing wrong with CWCMH shredding the Court’s Record because, “We do it all the time.”

The “investigator’s report states that two people conducted the investigation, yet only one person is identified---Furthermore, according to the Law, when the authenticity of a document is in dispute, ONLY the ORIGINAL document can be used to determine the document’s authenticity.  When there are conflicting accounts of the events which have occurred, it is not possible to ethically draw any conclusions without hearing all accounts. Testimony offered by Affidavit the Court’s instructions state, must consist only of information that the attestor knows “first-hand.”  Jeffrey Jennings had absolutely no first-hand information---he refused to speak to anyone who actually knows my son, including his doctors, his brother, and his mother even though he had complete contact information. The so-called "investigators" didn't bother to interview the only people with first hand knowledge, Isaac, myself, and my elder son, Nathan. Isaac's Assigned Counsel allowed what she knew to be perjured testimony to go unchallenged, i.e. EFFECTIVE assistance of counsel was not provided.  The Deputy Prosecutor put forth what he knew to be perjured testimony. 

My son's rights were not respected, not preserved and not defended.

My son's rights were violated in every way possible.

I am trying to:

via Crossroads to Change:

"Due to a letter and request to Washington State Governor Christine Gregoire in early 2008, Carole Willey, a social justice activist & community organizer, Chair of CCC, received a letter from the Governor stating that she would assign David Reed, a staff person to work with Carole on these violations. With the documentation of the WA ST Mental Health Division finally acknowledging the “concerns,” the state agency agreed to forward his concerns to their Licensing staff, which they never did.

"On July 10, 2008, Carole, along with witnesses Therese Holiday & Ann Clifton (two healthcare advocates), met with David Reed of the Department of Social and Health Services / Mental Health Division (DSHS / MHD). They met to review her analysis of the two reports and discuss violations of inpatients’ rights at Sacred Heart Medical Center in Spokane, WA." read the rest here

David Reed's letters to Carole Willey here and  here

There is also a major development in the publicly funded mental health system in this community: Comprehensive Mental Health planning new 16-bed mental health facility. I suspect it is a direct result of CWCMH employees illegally detaining and committing my son.  The actions of Nancy Sherman, Jeffrey Jennings and Rick Weaver in effect and in fact made Yakima County, Washington State and the local hospital, unwitting accomplices to federal crimes which  violated my son's individual rights, deprived him of his liberty and his dignity; further traumatizing him.

It was three weeks before I was finally able to convince my son he was safe, and could go outside. Three weeks until my giant 6'3" 280 lb. son believed  it was safe to step into his own fenced yard.

"Whenever a doctor cannot do good, he must be kept from doing harm."

Hippocrates

"Whenever a doctor cannot do good, he must be kept from doing harm." 

Hippocrates

The GCBH RSN: the five prescribers who made the neuroleptic drug top ten prescriber list

3 out of 5 of the prescribers on the top ten neuroleptic drug prescribers list, work for CWCMH.

(no surprise here) 

Washington State' public mental health system has a "Regional Support Network" model or “RSN,” which acts as an intermediary between the State and Counties. It is a gate-keeper which distributes mental health funds to Counties, the Counties then contract for mental health services in the community. Densely populated counties, have their own RSN, such as King and Pierce Counties where Seattle and Tacoma are located.  

The RSN where we live is in the Greater Columbia Behavioral Health RSN which is a consortium of eleven counties. The region’s main industry is agriculture; with a lot of orchards, vineyards and hopps, crops which demand a lot of manual labor. Part of the Confederated Tribes and Bands of the Yakama Nation's tribal lands comprise roughly a third of the total area of Yakima County. Much of the tribal lands in Yakima County are not at all accessible for any purpose whatsoever; the Nation's land borders the Yakima Training Center, a military training ground.

Map found at Washington State Department of Ecology

The Confederated Tribes and Bands of the Yakama Nation, have been historically excluded from any meaningful participation in how mental health services and public policies affecting them are planned, provided, and/or administered by Yakima County government. As one can imagine, this situation has added insult to injury; to say the very least. For years and years, Yakima County has administered mental health funds which are distributed to the County to contract for mental health services for all of the citizens in Yakima County, including Tribal members.

The GCBH RSN had one of the worst offenders on Washington State's Top Ten Prescribers list compiled at the request of Iowa Republican Senator, Charles Grassley's Investigation into the illegal marketing of psychotropic drugs.  The list is comprised of the top ten prescribers for each drug; so there are more than 10 offenders, i.e. prescribers who prescribed neuroleptic, or "antipsychotic" drugs in extraordinarily high volumes. In any case, a psychiatrist who worked in Walla Walla and Benton Counties made the top ten list for four neuroleptic drugs. In 2009 he made the top ten list for both the Managed Care System, and in the fee for service system by writing a total of 1261 prescriptions for Abilify. In 2008 he wrote 2120 prescriptions for neuroleptic drugs, the following year he nearly doubled that amount.

Walla Walla, Walla Walla County and Richland, Benton County Jose Cardell, M.D.

2008      574)   $219,374.69  $189,049.13 Geodon
2008      1040  $357,963.10   $308,137.76 Risperdal
2008      1006  $235,977.13   $202,334.52 Seroquel
Totals    2120  $813,314.92    $699,521.41

2009     78        $33,604.94         $0          Abilify MCO
2009     1183    $612,219.58  $432,670.68 Abilify FFS
2009     662      $305,056.18  $218,710.57 Geodon  Average  $460.81  $330.38
2009     904      $456,102.36  $252,049.20 Risperdal
2009     1214    $383,517.94  $252,300.52 Seroquel
Totals:  4041 $1,756,896.06  $1,155,720.97

Theoretically, if this psychiatrist saw a total of 336 patients regularly once a month in 2009, and every one of them got a prescription every single month that would be a total of 4032 prescriptions---let's further suppose that he had a normal 5 day week with an average of 23 office days a month--he would have needed to see 14-15 patients every single day.

I was not surprised to find the psychiatrist who treated my son when he went to CWCMH on this list:
Yakima
Philip Rodenberger, M.D. Medical Director, Central Washington Comprehensive Mental Health, CWCMH.
2008       564 $155,700.98  $148,769.89 Risperdal
Nor was I surprised to find him on this list:
via ProPublica Dollars for Docs:
Payment Disclosure

Company AstraZeneca
Period 2010 Q1-Q4
Amount $15,300
Payee PHILIP RODENBERGER
Listed Practitioner Rodenberger, Philip
Location Yakima, Wash.
Service Speaking
Payment Disclosure

Company Eli Lilly
Period 2009 Q1-Q4
Amount $1,200
Payee PHILIP D. RODENBERGER, MD
Listed Practitioner RODENBERGER, PHILIP D.
Location YAKIMA, Wash.
Service Healthcare Professional Educational Programs
Number of activities 3


#prescriptions     Billed             Reimbursed
2009        293  $233,178.95 $213,696.19 KATHLEEN A MACK ARNP - FP Yakima
               235 $225,197.86 $190,843.84   ANGELO A BALLASIOTES PHARM  Yakima
        207 $127,953.72 $97,709.28 MICHELLE R WILLIAMS ARNP - FP Richland

No prescriber in the GCBH RSN made the Zyprexa top ten list. Three of the five prescribers from this RSN who made the list for Risperdal, work at the Yakima community mental health clinic run by Central Washington Comprehensive Mental Health under Medical Director, Philip Rodenberger, M.D.; who was my son's psychiatrist in 2008. The only other prescriber who is on the Risperdal list in the GCBH RSN practices in Benton County.  

I want to thank Jim Stevenson from Washington State's Health Care Authority for his prompt response to my request for the data for this post.

Top Ten Fee for Service

Top Ten Managed Care