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Location: Takoma Park, Maryland, United States

I'm now a 52-year-old American male raised as an Episcopalian, veteran of submarines, Peace Corps, and State Department. I like teaching people about what they can do with computers and have gotten by as an independent Microsoft trainer teaching networking, but I really hope to someday find a way to make a living traveling on my motorcycle, camping, and writing about places and people I meet along the way.

Saturday, September 09, 2006

Susan is Home

Judge Mukasey wrote a VERY interesting decision. I've had time to read only the first 10 pages, but hope to get through the rest of it before motorcycle safety class, this morning. It was his last day in the court room. I got to hear a bit of the preceding case, and while it was the sort of financial law that might bore most folks, I found myself very fascinated with the thoroughness of the decision he was reading into the record. Also, I got to meet an attorney, in the following case who was the defense attorney to debriefed Noriega after his arrest. He allowed as to how it was Noriega who wrote the book on interrogations that the College of the America's uses for a curriculum on the topic. David Lewis? I think that was his name. Must check my notes and will correct this later if not. I'm in a bit of a hurry to get to Gaithersburg for the class.

The judge found no reason not to "enlarge" Susan, letting her return to a free on bail state. I waited half an hour, enjoying the exhibits in the Federal Marshal's office, then they opened a door and unceremoniously let her out in some reasonably unobtrusive looking prison attire. Nice tennis shoes. We had lunch at Goodies, where Parke, Karin, and I ate, at Liz Fink's suggestion, after the first hearing. Then we rode home to Silver Spring to a shrimp dinner at the American Legion where Richard Morgan and Susan, of Silver Spring's Poly Sue's boutique, and Karin Anderson joined us. We stopped briefly at home. Susan went searching for the cats, who had not heard the car arriving at that time of day. She quickly found midnight. Lulu had a hard time coming when called because of a annoying dog she needed to avoid, but snuck in the back kitty door after a few minutes, once we erected some barriers to dogs in that part of the house. Susan was delighted with what Karin had done for the house, and enjoyed meeting the other tenants who Karin had enlisted. She was very grateful to Anula for taking such good care of the cats.

After dinner we stopped at CVS on the way back to Susan's home. I'm looking forward to seeing her for a motorcycle ride this afternoon.

Happy day. Susan had many good things to say about her care at MCC, except that the food was better at Carswell, and of course was just delighted with Judge Mukasey and his decision, as am I with what I've read so far.

I'm sure the prosecutor thinks we're letting one get away, though. I'm sympathetic to the role prosecutors must play and will admit that I don't have the capacity for such a job or that of the Federal Marshals. Susan agreed, when I pointed out that the world does need governments and people in such roles, as unfortunate as that may be. Yet she believes someone was intentionally using the system to punish an asset (her) who had made the mistake of embarrassing the politicians. It's an interesting notion.


Blogger Thomas Nephew said...

So free on bail means this still goes to trial, right? Or is that a separate decision?

Anyhow, congratulations on getting out of there and on this finally moving forward again.

1:52 PM  
Anonymous Jack C-J said...

Welcome Home, Susan! Have a good ride & enjoy the fresh air today.

I have no doubt your life (& Jay's, for that matter) will continue to be interesting now that you are out.

3:09 PM  
Blogger Gamine said...

Holy shit! This is indeed a great breakthrough! I am deeply, deeply relieved.

I have read all the news reports and, reading between the lines, it is really hard to see where things can go. I just hope the system doesn't keep her indefinitely in limbo. But I guess being in limbo at home is better than the alternative.

Welcome home Susan!

5:50 AM  
Anonymous Anonymous said...

Federal Circuit Court holds forcibly medicating with MIND-ALTERING DRUGS in Governments interests “EVANS”, awaiting “The Sting of the Scorpion”
“The Constitution’s Fifth and Fourteenth Amendments liberty interest affords defendants the right to refuse psychotropic medications.”
On Monday September 12th 2006, the U.S. Fourth Circuit Court of Appeals chose not to hear oral arguments in the outrageous government case against MR. EVANS, a 78 year old military 20-year veteran of the armed forces ordered to submit to involuntary medication with anti-psychotic drugs (U.S. v. Evans, No. 04-4230). Since that time, he has been fighting the federal government’s efforts to forcibly medicating him with MIND-ALTERING DRUGS for prosecutorial purposes, they claim will render him competent to their ends to stand trial.

Back Ground and Facts
On November 4, 2002, In this case, Evans a 74 year old WWII veteran went to complain about a wrong late past due payment notice he received on a housing loan, became upset over the wrongful collection attempts of an arm of the U.S. Department of Agriculture, and said some argumentative things to the agent “He stated that the United States was heading towards communism and was not a free nation any longer” . Four days latter the RDA agricultural agent sent a letter, apologize on for the incorrect past due notice, which stated Evans was current on his payments and were sorry for the misunderstanding.
On November 14th 2002, Evans 74 year old veteran was charged with alleged misdemeanor charge of ” intimidating and interfering with an employee of the USDA” a RDA agricultural employee, who had sent him a notice about a pastdue payment on a housing loan, “The criminal complaint further alleged that Evans was extremely angry and loud when he spoke to a Rural Development Community Development Technician.
November 19, 2002, The Magistrate Judge at his detention hearing, sent him to the Federal Correctional Center Hospital at Butner, North Carolina for a psychiatric exam, and subsequently ruled Evans incompetent to stand trial. Because Evans refused to be chemically forced to take anti-psychotic medication, claiming that the drugs would impede his freedom of thought and cause dangerous side effects, on his mental as well as his bodily integrity. The government set in motion administrative proceedings to get approval to medicate Evans against his will.
October 2003 an evidentiary hearing reviewed the reports of the Butner medical staff concerning Mr. Evans’ competence to stand trial, an evaluation concerning his need for involuntary medication (IM report), and the report and testimony of expert Dr. Margaret Robbins, a forensic psychiatrist who testified for the defendant. According Government experts, Beeler (Warden of FMC Butner), “the staff at FMC Butner had determined that Evans was not dangerous to himself or others nor was he gravely disabled, however, they believed that medication was necessary to restore Evans to competency”. At that hearing, the government’s motion to medicate Mr. Evans involuntarily was denied. The court held that the importance of bringing him to trial was not enough to outweigh his liberty interest in refusing medication. The magistrate judge scheduled a hearing for January 23, 2004
New allegations, an unfair system that would rubber stamp the charges without question
“The All the government needs are allegations and a cooperative psychiatrist to forcibly drug any citizen,”

On January 23, 2004, the very day of this scheduled hearing, and only five minutes in to hearing, the Government (FBI) filed a new 2nd alleged criminal complaint against Evans charging him with “threatening life of a judge, based on affidavit submitted with the complaint alleged that, while incarcerated at New River Valley while awaiting his release, Evans had told to 3 fellow criminal inmates. In a March 2004 district court hearing. The government renewed its motion to have Mr. Evans involuntarily medicated, Mr. Evans appealed the order to medicate him involuntary to the Fourth Circuit Court of Appeals.
The order observed that the facts had changed since the magistrate judge’s order, in that the charge under § 115(a)(1)(B), a felony that carried with it a maximum imprisonment term of 10 years, made the Government’s interest in bringing Evans to trial an important one.
April, 2005, a circuit panel said there are limitations on the authority of prosecutors. The prosecution then asked the court for the right to medicate Evans. The district court agreed and ordered the treatment. But the appellate court reversed, finding the district court in error, the government, which neither disclosed the particular medication and dose range that it proposed to give defendant nor indicated that it considered this defendant’s particular mental and physical condition in reaching its conclusions, failed to demonstrate that involuntary medication would “significantly further” its prosecutorial interest and was “medically appropriate.” The order was vacated and the case remanded with instructions, The circuit holds that the district court correctly found that the government’s interest in prosecuting Evans was sufficiently “important” to satisfy the statutory test, but remands to allow the parties to supplement the record by specifying the medications it intends to administer.
Battle of experts on the forcible medication issue
On February 10th, 2006, At the district court hearing, an evidentiary hearing was on the involuntary medication issue, on remand from the Fourth Circuit Court of appeals, a battle of experts on the forcible medication issue which the psychiatrists for both sides testified, In reply to the Butner Report Evans submitted a report coauthored by Margaret S. Robbins, M.D. and Thomas E. Schacht, Psy. D., (Robbins Report), which included objections to the course of treatment proposed in the Butner report and rebutted the analysis regarding the cited literature review as well as criticize Butner treatment proposes to respond to side effects relating to Evans Age 78, High blood pressure and diabetes. Further , the report disputes Butner Reports equation of positive treatment response with restoration of competency, arguing that medicating Evans may result in positive responses, e.g., reduction in agitation, that have no impact on his overall competency. On the whole, Dr. Robbins believes that atipsychotic is unlikely to return Evans to competency, and the Sell prongs therefore can not be met.

The case is in limbo for almost 4 years now awaiting the next step the U.S. Supreme Court. Mr. Evans now 78 continues to be held in prison, presently Evans now located at Roanoke City Jail, VA. Evans was previously held in isolation at the Bristol Jail, Virginia in solitary confinement in his 5 x 8 ft concrete cell for 24 hours a day, where he shredded news papers into 15 inch squares pads woven together and stacks the woven pads on top of each other in order to elevate his swollen feet to reduce the swelling from where he suffers from diabetes, poor circulation, High blood pressure and very little exercise.
For years, federal prosecutors have been waging a legal battle against Evans as his court appointed lawyer fought over his drugging, to forcibly medicate Mr. Evans with antipsychotic medications. Mr. Evans is continuing fighting them all the way to the U.S. Supreme Court, with his interest and protection of his mental as well as his bodily integrity where the relationship between the right to be free from torture and the right to freedom of thought. Evans has already lost 4 years of his life, his Social Security Benefits, his personal property, his home and his savings. What more does the government want? His mind?
And now decided on the 12th of September 2006, “The court has decided not to hear oral arguments , and proceed to experiment with, mind altering drugs, in an attempt to mold a person’s will to the government’s purposes.”
Yes Maybe Mr. Evans alleged Comments were right “the government was out to get him” as well as his comment to the RDA agent “He stated that the United States was heading towards communism and was not a free nation any longer” in Fact, the former Soviet Union, dissidents were often declared insane, then drugged and imprisoned in psychiatric hospitals to keep them quiet.
I am distressed and disgusted by the actions of this government … writing this, could cause for arrest under the form of the present government and the federal judiciary that enforces the government’s political agenda politics, and could be deemed subversive and my mental state questioned?
I must speak up and so must every other American to stop this erosion of fundamental human rights and the civil liberties of what should be the indefeasible rights of all who share this planet.

5:15 PM  

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