Handcuffing of mental patient prompts complaint
Posted: Tuesday, May 13, 2008
LINCOLN, Neb. (AP) -- A state senator on Monday filed a formal complaint against a Sarpy County judge who decided to leave a man with mental problems at a state psychiatric hospital, where he was handcuffed in the lobby by sheriff's deputies.
In a complaint he filed with the state's Judicial Qualifications Commission, Sen. Ernie Chambers of Omaha calls Sarpy County District Judge Robert Wester's actions cruel and reprehensible.
"I am furious at the cold-blooded cruelty, insensitivity and inhumanity inflicted by the sadistic act of 'dumping' a mentally ill person at the regional center and leaving him handcuffed to a chair in a lobby -- to make a point about the frustrations of local officials!" Chambers wrote in his 12-page complaint.
Wester was out of town and unavailable for comment Monday.
On Thursday, Wester deemed a 19-year-old man mentally incompetent to stand trial, so Sarpy County deputies took him to the Lincoln Regional Center. People are routinely held there until they are considered mentally prepared for trial.
Hospital officials had told the deputies there was no room for the man. But Sarpy County Sheriff's Lt. Steve Grabowski has said that Wester was adamant, telling him that the deputies had to leave the man at the hospital even if the hospital refused to admit him.
If the deputies didn't, Grabowski said, the judge said he'd send Grabowski to jail.
The situation is a sign of growing tensions between the justice and mental health systems.
Earlier this year, law enforcement officials in York County expressed frustration at being forced for two months to jail a man who a judge had ordered to be treated at the same hospital.
The state blamed it on an unusually long waiting list caused by security upgrades being made at the hospital so it wouldn't lose national accreditation.
Chambers argues that Wester was trying to make a point by ordering the man be left at the hospital, and that doing so showed a disregard for basic human decency and judicial ethics. He goes on to say that the judge improperly "leap-frogged" other judges who have committed people to the state hospital, but had to delay their placement because of the waiting list to get in.
In his written order declaring the man mentally incompetent to stand trial, Wester did not express any frustration with the lack of room at the regional center. Nor did he indicate he was trying to make a point by ordering the man be committed to the hospital or some other facility.
The Judicial Qualifications Commission could decide to conduct an investigation of the situation. Based on its conclusions, it could choose from a number of potential punishments, ranging from a reprimand to removal from the bench.
On the Net:
Sarpy County Court: http://www.sarpy.com/countycourt/
In a complaint he filed with the state's Judicial Qualifications Commission, Sen. Ernie Chambers of Omaha calls Sarpy County District Judge Robert Wester's actions cruel and reprehensible.
"I am furious at the cold-blooded cruelty, insensitivity and inhumanity inflicted by the sadistic act of 'dumping' a mentally ill person at the regional center and leaving him handcuffed to a chair in a lobby -- to make a point about the frustrations of local officials!" Chambers wrote in his 12-page complaint.
Wester was out of town and unavailable for comment Monday.
On Thursday, Wester deemed a 19-year-old man mentally incompetent to stand trial, so Sarpy County deputies took him to the Lincoln Regional Center. People are routinely held there until they are considered mentally prepared for trial.
Hospital officials had told the deputies there was no room for the man. But Sarpy County Sheriff's Lt. Steve Grabowski has said that Wester was adamant, telling him that the deputies had to leave the man at the hospital even if the hospital refused to admit him.
If the deputies didn't, Grabowski said, the judge said he'd send Grabowski to jail.
The situation is a sign of growing tensions between the justice and mental health systems.
Earlier this year, law enforcement officials in York County expressed frustration at being forced for two months to jail a man who a judge had ordered to be treated at the same hospital.
The state blamed it on an unusually long waiting list caused by security upgrades being made at the hospital so it wouldn't lose national accreditation.
Chambers argues that Wester was trying to make a point by ordering the man be left at the hospital, and that doing so showed a disregard for basic human decency and judicial ethics. He goes on to say that the judge improperly "leap-frogged" other judges who have committed people to the state hospital, but had to delay their placement because of the waiting list to get in.
In his written order declaring the man mentally incompetent to stand trial, Wester did not express any frustration with the lack of room at the regional center. Nor did he indicate he was trying to make a point by ordering the man be committed to the hospital or some other facility.
The Judicial Qualifications Commission could decide to conduct an investigation of the situation. Based on its conclusions, it could choose from a number of potential punishments, ranging from a reprimand to removal from the bench.
On the Net:
Sarpy County Court: http://www.sarpy.com/countycourt/
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