Forced Drugging Okay'd by Court?

[Justin Moore]

Make of this what you will:

http://www.aapsonline.org/press/nrsell.htm

UNLIMITED FORCED DRUGGING OK’D BY COURT
AAPS Calls Ruling "Shocking & Inhumane"


03/08/2002

Contact:

Kathryn Serkes 202.333.3855
kaserkes@worldnet.att.net


Andrew Schlafly, Esq.
aschlafly@aol.com

WASHINGTON -- Defendants can be forcibly drugged even though they haven’t been convicted of any charges and pose no danger to themselves or others.

That’s the ruling issued yesterday by the Federal Court of Appeals for the Eighth Circuit in the case of United States v. Charles Thomas Sell. (see www.ca8.uscourts.gov/opndir/02/03/011862P.pdf) The 2 - 1 split decision establishes government power to forcibly medicate a person with mind altering drugs even before trial.

"It’s a shocking, inhumane decision. Now, all the government needs are allegations and a cooperative psychiatrist to forcibly drug any citizen," said Andrew Schlafly, General Counsel for the Association of American Physicians and Surgeons (AAPS). That group filed an amicus brief opposing the government drugging.

"It’s unprecedented to allow prosecutors to drug peaceful defendants presumed to be innocent. Government cannot force citizens to pledge allegiance to the flag, but now can forcibly medicate them with mind-altering drugs," said Mr. Schlafly.

Dr. Sell, a St. Louis dentist, has been imprisoned for more than 4 years, including one- and-one-half years in solitary confinementafter being charged with Medicaid fraud. He has never been brought to trial.

While acknowledging that "the evidence does not support a finding that Sell posed a danger to himself or others" the majority opinion still found that "charges of fraud" alone are "serious" enough to justify forced medication. Further, the Court held that there are no limits on the quantity or type of drugs.

"There’s no good reason why Dr. Sell has been held so long without trial, and this decision will most likely prolong his imprisonment with no end in sight," said Mr. Schlafly. The dissenting judge pointed out that even if Dr. Sell were to be found guilty, his sentence would be no more than 41 months -- one year less than he’s already served.

A similar case is pending before the same court to allow the State to forcibly medicate a convicted murderer for execution.

"It’s appalling that the court will drug a man presumed to be innocent, even if it’s illegal to do the same thing to a convicted killer." Mr. Schlafly said that AAPS will seek to overturn the ruling.

 

[m.i.sanders]

Seems to me that drugging someone is cruel and unusual punishment which is unconstitutional. I suppose that's really only a problem though if the government actually bothered to adhere to the Constitution and the BoR.

 

[buzz_knox]

A wee bit of bias in the article. It says only that he has been charged with health care fraud, while he's actually been indicted on attempted murder, conspiracy, and solicitation to commit violence as well. He apparently decided to have one of the witness' against him killed. Wonder why they left that part out?

From the opinion, it looks like the defendant suddenly came down with a mental illness just in time to avoid trial. Hmm. How fortunate for him.

 

[Don Gwinn]

Well, don't tease us, Buzz, fill us in on the rest of the story. What are the charges, what is he alleged to have done, and why does the state want to force drugs on him? Are we talking about anti-depressants or something?

When I opened this thread I fully expected to see some court authorizing sodium pentathol or some such thing for interrogation of defendants.

 

[buzz_knox]

Sell was initially indicted on Medicaid fraud, charging the gov't for services not rendered and making false statements in support of the charges. He was later indicted on six counts of Medicaid fraud, 51 counts of mail fraud, and one count of money laundering. He was given a psyche exam and declared fit to stand trial but with the possibility of a psychotic episode later.

He was released on bond but apparently attempted to harass a witness. The feds moved to revoke bond and at the hearing, Sell went ape shiesse on the judge, spitting in her face. He was later charged with attempting to have a witness and an FBI agent killed.

The trial was delayed several times at the request of both parties, in part because defense counsel wanted to get a psyche eval. performed. Eventually, he was diagnosed with delusional disorder, persecutory type. This really isn't that bad of a diagnosis in the overall scheme, and a lot of people walking around today have the same disorder.

He was found incompetent to stand trial, but after evaluation, the shrinks agreed that with drug therapy, he would be competent. The defense opposed the treatment as it would result in his going to trial.

The Court of Appeals affirmed the ruling requiring involuntary medication finding that the gov't had an essential interest in bringing the defendant to trial; that the charges were serious (the Court considered only the fraud charges, giving Sell the benefit of the doubt that the murder charges could have been caused by the disorder); that the medication was the most effective, and only, means of treating the disorder; that the side effects could be minimized through a careful treatment regimine; and that treatment would be beneficial to Sell from a medical standpoint.

The Court also noted that the medication would allow Sell to cooperate with his counsel more effectively and participate more fully in a fair trial.

Finally, it must be noted that the Court specifically stated that the burden to authorize forced medication will not be met and its decision must be narrowly construed and applied.

All in all, a reasoned decision. The dissent, by contrast, said that it had no problem with Sell being institutionalized until he either agreed to the medication or was declared competent through some other means. Funny. You can't try him but you can imprison him. Nice logic.

 

[M1911]

I've seen up close and personal what can happen when psychiatric professionals abuse their power so they can abuse their patients.

But I also have a sister who is schizophrenic and refuses treatment. She will not see doctor and will not take medication. In the state that she lives in, it's virtually impossible to have her committed.

The reason it is so hard to have someone involuntarily committed today is directly related to the abuses of the past. But there are plenty of times when I wonder whether the pendulum has swung too far.

M1911