DOWN BUT NOT OUT
Andrew Solomon begins The Noonday Demon: An Atlas of Depression with his own case history - three
breakdowns due to the illness, the last one while writing his book. But that's only the first half of the first chapter out
of twelve. Solomon's 2001 best seller and National Book Award winner weighs in at 440 pages, not including Notes, Bibliography,
and Index. No one, as Johnson said of Milton's Paradise lost, would have wished it longer.
Is the book depressing? Since I have suffered from mental illness since 1974 and have been incarcerated in enough locked
wards around Dallas to write an official tour guide, Solomon's book recalled so many people I had known, places I had been,
and states I had experienced, and portrayed them so compellingly, that I had to resist depression in the aftershock of the
first day's reading. Here's a passage that resonated for me more than I would have liked:
"You are never the same once you have acquired the knowledge that there is no self that will not crumble. We are told to
learn self-reliance, but it's tricky if you have no self on which to rely."
Yes, that is a terrible kind of self-knowledge to have - even the witty turn of phrase in the second sentence cannot make
it less so. But no thanks to the author for reminding me of an unhappy fact of my life, and for doing it so effectively.
For the reader outside the fraternity of the mad, however, the book is not depressing. "It is written with far too much
elan and elegance ever to become depressing itself," says NY Times' Richard Bernstein. "Solomon manages to write about traumas
both deep and ordinary," says Larry McMurtry, "without leaving the reader traumatized."
Here's an example of Solomon's intelligence and saving wit focussed on a tragic topic, Suicide: "There are fine but important
distinctions between wanting to be dead, wanting to die, and wanting to kill yourself. Most people have from time to time
wished to be dead, null, beyond sorrow. In depression, many want to die, to undertake the active change from where they are,
to be freed from the affliction of consciousness. To want to kill yourself, however, requires a whole extra level of passion
and a certain directed violence."
"The affliction of consciousness" - I wish I had said that, because that's it exactly, when thought is pain and awareness
is a raging fever you can only wait out.
One more quote and note, on the fruits of the deinstitutionalization that took place during the Reagan era:
According to Jonathan Stanley of Washington DC'c Treatment Advocacy Center, "deinstitutionalization was the unfortunate
result of civil libertarians defending the 'wrong' people while the government went wild about cutting costs. Deinstitutionalization
was supposed to translate into a diverse range of care in the community, but nothing of the sort has occurred. Far too
often patients are in for total incarceration or they're out on their own. They are released into the streets to fend for
themselves, since there is no room or budget for providing adequate treatment. The result of deinstitutionalization has in
many instances been to shift people from hospitals to prisons."
Or to Lew Sterritt, the Dallas County jail. Where, needless to say, they will not get adequate treatment.
And what crieth vox populi? "People will pay a whole lot more attention to a one-in-two-million chance that they'll be
pushed under a subway," says Stanley, "than they will to the one-hundred-percent chance that they'll run into twenty psychotics
on a given day in Central Park."
As in the days when Jesus walked the earth, as in days when Shakespeare wrote Lear - king and beggar alike - the mad are
left to wander the streets uncared for and ignored.
Yes, that is a shame and a disgrace. And an evil: What says every prophet in the Old Testament about a nation that cares
not for the poor and outcast, the stranger at the city gates?
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EXECUTION-STYLE COFFEE
IN MEMORIAM, KELSEY PATTERSON (1956 - 2004)
1. Background
Kelsey Patterson was born and raised in Palestine, Texas. His mother died when he was four years old, leaving behind Mr.
Patterson’s maternal grandmother to raise him. Kelsey seemed to be a normal child and an average student. After graduating
from high school, he immediately joined the military. After two years of military service, Patterson was honourably discharged
to take care of his terminally ill grandmother.
Patterson’s first contact with the law came in 1978, when he was arrested for aggravated assault on a police officer.
One year later he was charged with another assault. In 1980, Patterson was charged with shooting Richard Noel Lane at the
University of Texas Health Science Center at Dallas. Lane was not certain why Patterson shot him, but earlier the same day,
Lane and a few other co-workers were teasing Patterson about not putting his lunch in the refrigerator. Patterson had told
them that his food was being poisoned while in the refrigerator and he was not going to use that refrigerator anymore.
Patterson was charged with attempted murder for the shooting. A jury found Patterson incompetent to stand trial, but likely
to regain his competency. In 1981, during the subsequent testing, Patterson was first diagnosed with paranoid schizophrenia.
Psychiatrists at the Dallas County Jail concluded that at the time of the offense he was suffering from a mental disease or
defect and could not conform his behavior to the law. The charges in the Lane shooting were eventually dismissed and Patterson
voluntarily committed himself.
[Translation: "When he shot somebody, people noticed he was crazy."]
In 1983, Patterson was charged with criminal attempt to commit murder. Patterson was working at a Pizzeria, when he threw
a pizza pan at fellow employee Kevin Huges and struck him in the head. Patterson then pulled out a gun and shot Huges in the
left arm and in the right lung. Psychiatrists once again concluded that Patterson had a mental disease at the time of the
crime that would render him incapable of conforming his conduct to the requirements of the law or of knowing the difference
between right and wrong. The charges were again dismissed.
In 1986, Patterson was arrested for assault on a co-worker. As a result of a statement by Patterson that the guards were
putting sedatives in his food and were raping him while he slept, he was then sent to the Mental Diagnostic Center at Parkland
Hospital in Dallas. Patterson would eventually be transferred to Terrell State Hospital where he would spend the next several
months. A year later, in 1988, Patterson was admitted to Rusk State Hospital with a diagnosis of Schizophrenia Paranoid Chronic
with Acute Exacerbation. He was discharged a month later.
[Comment: So many 'Texas MHMR Asleep At The Wheel Awards,' so little time.]
2. The Crime
Kelsey Patterson was convicted for the 1992 killing of Louis Oates, a 63-year-old owner of Oates Oil Co. in Palestine,
Texas, and his business secretary Dorothy Harris, 41. Louis Oates was standing on the loading dock of his business when Patterson
walked up behind him and shot him with a pistol. Patterson walked away after the shooting but returned to shoot Dorothy Harris
in the head when she came outside and began to scream. Patterson then walked a short distance to a friend’s house, put
down the gun and took off his clothes, except his socks, which he kept on for some unfathomable reason. He was standing almost
naked in the streets when he was arrested. A motive in the murders is unclear.
When Patterson was arrested for the murder of Mr. Oates, the standard for competency in Texas had become a more stringent
benchmark for defendants to meet. Psychiatrists did not dispute that Patterson was mentally ill at the time of the crime,
however, given the new standard, Patterson appeared to now meet the criteria for mental competency. The jury did eventually
find Patterson competent to stand trial. However through the competency hearing, and the trial itself, Patterson ranted about
devices that were implanted in him, as well as other conspiracies against him. The jury eventually found him guilty and sentenced
Patterson to death.
3. Status During Appeals
Mr Patterson’s delusions were such that all authority figures became a part of his delusional structure; this included
his attorney and prison psychiatrists. Such delusions made it impossible for his lawyer to communicate with Mr. Patterson.
Mr. Patterson refused all medical treatment and his attorney’s attempts to diagnose him. The prison officials stopped
attempting to treat Patterson believing that he did not pose a threat to himself or to others. Patterson spent much of his
time writing letters to judges and to the parole board, referencing a non-existent permanent stay of execution that he had
received on grounds of innocence.
In 2000, a federal judge noted that "Patterson had no motive for the killings... he claims he commits acts involuntarily
and outside forces control him through implants in his brain and body. Patterson has consistently maintained he is a victim
of an elaborate conspiracy, and his lawyers and his doctors are part of that conspiracy. He refuses to cooperate with either;
he has refused to be examined by mental health professionals since 1984, he refuses dental treatment, and he refuses to acknowledge
that his lawyers represent him."
[Translation: "He's a poster boy for paraniod schizophrenia, so let's kill him."
4. Gov. Rick Perry's Denial of Clemency
"After carefully reviewing all of the facts in this case and the Texas Board of Pardons and Paroles recommendation for
clemency, I have rejected the defendants requests.
"Death penalty decisions are never easy, and this one is particularly difficult - not only because of the brutal murder
of 2 innocent victims of this crime, but also because of Mr. Pattersons mental and criminal history - including 2 prior charges
of attempted murder.
"State and federal courts have reviewed this case no fewer than 10 times, examining his claims of mental illness and competency,
as well as various other legal issues. In each instance the courts have determined there is no legal bar to his execution.
"This defendant is a very violent individual. Texas has no life without parole sentencing option, and no one can guarantee
this defendant would never be freed to commit other crimes were his sentence commuted. In the interests of justice and public
safety, I am denying the defendants request for clemency and a stay."
[Translation: "They shoot rabid dogs, don't they?"]
5. Patterson's Last Words
When the warden asked if he had a final statement, Patterson said, "Statement to what? Statement to what? I'm not guilty
of the charge of capital murder." This began a rambling discourse in which he asked repeatedly for his rights. As he was saying,
"Give me my life back," the lethal drugs took effect.
6. Aftermath
Mentally ill inmate's execution fuels debate on death penalty: Perry's decision lauded, criticized by groups on both sides
of issue (Associated Press)
AUSTIN – A crime victims' advocacy group and a group that wants to abolish the death penalty battled over Gov. Rick
Perry's decision Tuesday to allow the execution of a mentally ill killer whom the state's pardon and paroles board had recommended
for clemency.
Kelsey Patterson, who had been convicted for the 1992 murders of an East Texas businessman and his secretary, had been
diagnosed as a paranoid schizophrenic. It was the first time that a Texas governor had rejected a parole board's clemency
recommendation for a condemned killer since executions resumed in the state in 1982.
"He could have used this opportunity to educate the public about the issue of mental illness; instead, he succumbed to
the culture of fear and benign indifference," said David Elliot of the National Coalition to Abolish the Death Penalty.
The group called on state lawmakers Wednesday to study the execution of mentally ill inmates.
Meanwhile, death-penalty proponents supported Mr. Perry's decision.
"He didn't have to do it," said Dianne Clements of the victims' advocacy group Justice For All. "Just because he didn't
follow the advice of the board doesn't mean he took the decision lightly."
The parole board's 5-1 recommendation that Mr. Patterson's sentence be commuted to life in prison was rare in Texas, the
nation's No. 1 death penalty state.
Since 1982, Texas has executed 322 inmates; 455 are on death row. During that time, 22 cases have been commuted to life
in prison with the board's recommendation. Many were commuted in 1982-83 and had been prosecuted before the death penalty
was reinstated, board officials said.
Since 1999, the board has received 122 requests for clemency, and only three have won the board's recommendation. All came
this year. Mr. Perry became governor in 2000.
Board member Linda Garcia, who voted to grant Mr. Patterson clemency, said she was "neither disappointed or surprised"
by Mr. Perry's decision. She said Mr. Patterson's case was difficult.
A statement issued by Mr. Perry's office Tuesday noted that state and federal courts had reviewed and rejected Mr. Patterson's
appeals. The governor's office declined to comment further Wednesday.
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MENTAL HEALTH COFFEE
Re: EXECUTION-STYLE COFFEE
1. Helen Cariotis
Tom, I don't have a comment but I do have a question or two.
I don't know why, but I thought that schizophrenic people were not likely to commit murder. In a word, crazy, but basically
harmless. Patterson obviously had a long history of deadly behavior. Was he an exception?
Also, if a schizophrenic person has proven to be a danger to others, why can't he be forced to be treated so that society
is safe from him? Did Patterson have a right to be crazy?
Interesting COFFEE, but one I don't have the education to really have an opinion on. Just a sad tale, for sure.
Helen
...
Dear Helen,
An internet key-word search, using schizophrenics dangerous, reveals a debate. Some schizophrenics clearly are dangerous,
Patterson for one. Also, violent crimes perpetrated by mentally ill people are often bizarre & therefore media candy.
For example, Patterson shot & killed two people for no discernable reason, went home, stripped to his socks, and started
wandering the streets - a reporter's dream come true. Because, like the trailer park hit by a toronado, the killer nut is
standard news fare, people may get the impression that all nuts are killers. But of course few trailer parks are hit by toronados
& few nuts are killers. As a population, say standard overviews of the disease, schizophrenics tend to be withdrawn and
are likely to attempt suicide - nearly half of them try and one of every ten (odd word in this context) succeeds - but not
likely to attempt murder.
"Did Patterson have the right to be crazy?" Apparently so.
An internet key-word search, using mental illness law, reveals a quagmire. Take Patterson again. He killed two people
for no known reason, stripped to his socks, etc... Then a jury decided he knew what he was doing & was competent stand
trial! Who's crazy here? Patterson showed early on that he was violent person, and it soon became apparent that he was crazy,
too... but he meandered into, through, and out of Texas courts and mental health facilities for a dozen years before he finally
killed someone. Who's crazy here?
Part of the reason Patterson wasn't locked up may be that mental illness law is a branch of civil law, not criminal law,
so that the right hand could not know what the left hand was doing, much less grasp it. Note that in in two cases Patterson
tried to kill someone and the charges were dropped because he was crazy... with no treatment mandated by the court! In1981
he committed himself, and could therefore discontinue treatment when he chose. In 1983, after he shot someone, charges were
droppped, and... I guess he just wandered back into the world to go nuts again.
Another reason Patterson wasn't locked up: the mental health system is, of necessity, rights-sensitive. Nuts who kill are
a very visible minority. But so were the nuts who brought a class-action lawsuits against the state of Texas - the RAJ Case,
which resulted in court-mandated reform of the mental health system. And so was another nut who turned out to be a New Yorker
writer who recently recovered from his psychosis & pilloried a pair of hospitals & a number of psychiatrists in San
Diego Magazine - also revealed with his imbecility showing was the attendant who taunted the author for his delusional
claims about his life - being a writer, having a breakdown in Rome, etc.
For me, the bottom line of Community vs. Patterson came out, "Kill the crazy bastard, we don't know what else to do with
him." A sad tale, indeed.
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2. Don Hockaday
The foundation of the problem in Texas is the system itself and, as is often the case, influenced by economics. It is expensive
to maintain prisoners, and more so for prisoners in mental wards and on death row. There are special ethical considerations
with executing people who have been judged mentally incompetent by psychiatrists. We might also discuss whether people who
are judged mentally competent but continue committing violent crimes demonstrate a problem with the competency criteria. There
is definitely something mentally wrong with them that makes them a threat to society. I strongly doubt there is any way to
predict what a "mentally competent" prisoner will do once released based on his behavior in the highly controlled environment
of a prison, or his interviews with the prison board or experts.
Regardless, the fundamental problem is: In Texas, if they are not executed they will almost certainly be released. The
problem is exacerbated by the prohibition of advising juries of the probabilities of release in their consideration of whether
to recommend execution or a life sentence. There is no such thing as a life sentence in Texas; they will probably be out of
prison in eight or nine years. Further, Texas has a prison overcrowding problem and those who most strongly support tough
justice are generally the same people who most strongly oppose any tax increase for any reason. The state can not fulfill
long prison sentences because it would require more prisons than the politics will bare.
I don't have a black v. white position on execution. I don't think it serves any worthwhile social purpose and can't help
but believe at least some lifers might make positive contributions to society from behind prison walls. On the
other hand, I don't want people who are high risks for committing violent crimes to ever be released from prison. But these
are not the choices in Texas.
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Re: MENTAL HEALTH COFFEE
1. Anita Rager
So Texas needs the choice of putting dangerous, serial criminals away for life without parole.
How do we get THAT to happen? Lifetime lock up is cheaper than the few executions that actually go forward. Anita Rager
...
Re. How? Like every other law in this state, a life-without-parole sentence provision would probably have to be submitted
to the voters as an amendment to the Texas Constitution.
Whatever the dollars and cents, I think it is more morally expensive, more karmically costly if you will, for a community
to avenge one murder with another. No matter how dignified & ceremonial the execution, nor how justified lex talionis
may be in the case, and no matter how satisfied the original victim's family may declare themselves afterwards, two wrongs
don't make one right.
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2. Robin Glynn
Re. Executions wrong "no matter how satisfied the original victim's family may declare themselves afterwards."
I believe studies show that this isn't the case. Most victims' families do not feel better after an execution.
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