Matter of J.M.
Annotate this CaseDecided on July 28, 2015
Supreme Court, New York County
In the Matter of an Order to Extend or Revise an Outpatient Order of Conditions Pursuant to CPL 330.20 In Relation to J.M. a/k/a M.M.
xx/xxxx
State of New York
Office of the Attorney General
Eric T. Schneiderman
By: Jose L. Velez, Esq., of Counsel
District Attorney, Bronx County
Office of Robert T. Johnson, Esq.
By: Lori Farrington, Esq., of Counsel
Justin Braun, Esq., of Counsel
Mental Hygiene Legal Services
By: David Tull, Esq., of Counsel
James E. d'Auguste, J.
The Commissioner of Mental Health of the State of New York ("Commissioner") sought an application to extend an outpatient order of conditions for J.M. a/k/a M.M. ("J.M."). The District Attorney of Bronx County ("District Attorney") supported the Commissioner's application. J.M. opposed the extension of the order of conditions. On June 5, 2015, after conducting an evidentiary hearing, this Court granted the application and extended the order of conditions for five years. The instant decision is issued explaining the Court's reasoning.
J.M., the outpatient in this proceeding, has suffered from mental health issues throughout most of his life. He was arrested for armed robbery when he was six years old, which resulted in his hospitalization until he was twelve years old. J.M. continued to have severe behavioral problems into his late teens and heavily used a range of illegal drugs. When J.M. was nineteen years old, he suffered a "grossly psychotic and paranoid" episode and, in a drug-induced rage, engaged in the conduct that resulted in his commitment to psychiatric facilities for a period of twenty-eight years. J.M. believed he could telepathically communicate with his brother's dog. He determined that the dog was withholding certain information and thereupon stabbed the dog fourteen times resulting in its death. On the same day, he also stabbed his thirteen year old sister, who he also believed was withholding information, and chased her out of a sixth floor window, [*2]whereupon she fell to her death.
J.M. was charged with the second degree murder of his younger sister. In August 1979, J.M. was committed into the Commissioner's custody to be confined in a secure psychiatric facility after he was found not criminally responsible for his sister's death because he suffered from a dangerous mental health disorder. J.M.'s mental health diagnosis included: personality disorder; anti-social, narcissistic, and paranoid traits; substance induced psychotic disorder; and polysubstance use disorder. For a significant period of J.M.'s commitment, he refused to comply with facility rules and regulations, thereby necessitating frequent transfers between facilities. He heavily used drugs; assaulted other patients; fathered children with another patient; and attempted multiple escapes, including one in which he descended from the tenth floor of the Manhattan Psychiatric Center by tying bed sheets together.
Eventually J.M. began to follow institutional rules and stopped using illegal drugs. On April 12, 2007, J.M. was discharged from retention subject to specific conditions of release. The initial order of conditions was extended by two years on November 23, 2013.[FN1] The order of conditions required J.M. to comply with various enumerated conditions including, he: 1) attend an outpatient treatment program, which includes taking prescription medicine as directed by his treating physician; 2) refrain from unauthorized drug and alcohol use and submit to required testing for compliance with this condition; 3) reside in approved housing, and refrain from changing his address without prior approval; and 4) refrain from leaving New York State without prior approval of his treatment team and the Commissioner.
During the hearing, Dr. Kaminsky credibly testified that while J.M. has not tested positive for illegal drugs, he has not been compliant with his treatment program. J.M. has apparently informed various psychiatric personnel that he does not want to be told what to do and, as such, has repeatedly engaged in behavior that is opposite to what is expected of him. For instance, J.M. has refused to take certain medicine that was prescribed to him. He has also failed to complete his GED and has failed to maintain consistent on-the-books employment. J.M. has engaged in such behavior despite Dr. Kaminsky's offer to recommend the termination of his order of conditions if he complied with her proposals. Moreover, Dr. Kaminsky testified that "there have been times we recommended medication for irritability, and, paranoia, and he didn't take it. But, it was still within the realm of working with me and listening to me." Dr. Kaminsky's testimony was supported by medical documentation admitted into evidence.
Dr. Kaminsky was firm in her opinion that "[J.M.], without a structure, would have problems following rules in society and would likely end up either in jail or back in a hospital." She noted that J.M. lacks the type of empathy and remorse that would allow him to recognize that his past actions should not be repeated. According to Dr. Kaminsky, if the aforementioned conditions are not in place, J.M. possesses the strong potential to relapse into behaviors that resulted in his commitment. This coincides with the lack of progress J.M. has made with his treatment since he was released from the psychiatric facility in 2007. The main goal of treatment and an extension of the order of conditions is "safety and monitoring."
J.M., who testified against an extension of the order of conditions, did not possess genuine remorse for killing his younger sister beyond the event's continuing negative impact on his life because of the order of conditions. In this regard, he asserted that he did not take the medicine prescribed by Dr. Kaminsky because he was opposed to taking any drugs given the role it played in his sister's death. In this regard, J.M. represented that he has refused to take prescription pain medicine for an alleged back injury as an example of his anti-drug mentality. However, when his wife, C.M., provided testimony on his behalf, she admitted that J.M. had been taking prescription medicine for years. When J.M.'s counsel noted during questioning that J.M. had testified earlier in the hearing that he did not take such medicine, she then changed her testimony to represent that he had been taking prescription pain medicine, but recently stopped. It was also revealed that J.M. misrepresented the nature of his marriage to federal immigration officials in an effort to secure a green card for his wife by falsely asserting that he resides with C.M. despite the fact that they had always resided separately. The Court did not find either J.M. or C.M. to be credible.
A court may extend an order of conditions issued pursuant to CPL 330.20 if it determines, after a hearing, that a criminal acquitee is presently suffering from a mental illness and good cause exists that such conditions are necessary. CPL 330.20(1)(o); CPL 330.20(13). "[T]he order of conditions is the vehicle by which the convicting court effectuates its continuing supervisory authority over" a person acquitted by reason of mental disease or defect. In re Jill ZZ, 83 NY2d 133, 138 (1994). There is no limit to how many times the court can extend the order of conditions. In re Oswald N., 87 NY2d 98, 104-05 (1995). Having considered the totality of the credible evidence, the Court finds that the Commissioner has met her burden of demonstrating that good cause exists for the extension. The Court agrees with Dr. Kaminsky's assessment that, without the order of conditions J.M. would be at a significant risk of relapse, which would be a threat to the public and his personal safety. Indeed, J.M. has not been compliant with his current order of conditions. Despite the foregoing, the Commissioner has determined that J.M. should not be recommitted. CPL 330.20(12) ("It shall be the responsibility of the commissioner to determine that such defendant is receiving the services specified in the written service plan and is complying with any conditions specified in such plan and the order of conditions."). Having readily demonstrated that good cause exists for an extension, the Court granted an extension of the order of conditions nunc pro tunc to the date of the expiration of the previous order of conditions. This constitutes the decision of this Court.
Dated: July 28, 2015
_____________________
Hon. James E. d'Auguste Footnotes
Footnote 1:Dr. Marissa Kaminsky, J.M.'s psychiatrist, noted that she believed a five-year order should have been issued in 2013, but was unable to testify personally at the hearing conducted because she was on maternity leave at the time.
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