Showing posts with label NAMI. Show all posts
Showing posts with label NAMI. Show all posts

Thursday, October 8, 2009

Statement from MVFHR and NAMI on World Days

Murder Victims’ Families for Human Rights
National Alliance on Mental Illness

Statement on World Day Against the Death Penalty
and World Mental Health Day
October 10, 2009

The World Coalition Against the Death Penalty has designated October 10th “World Day
Against the Death Penalty,” and the World Federation for Mental Health has designated
October 10th “World Mental Health Day.” Murder Victims’ Families for Human Rights
and the National Alliance on Mental Illness have taken the occasion of these two interesting
“World Days” to issue the following statement:

Today is a day of two calls to action: a call to end the death penalty and a call to
make mental health treatment a global priority. As organizations who have
come together to form the “Prevention, Not Execution” project, we bring
these two calls together and declare that it is time to end the death penalty for
people with mental illness.

This past year, Murder Victims’ Families for Human Rights and the National
Alliance on Mental Illness released a report called Double Tragedies: Victims Speak
Out Against the Death Penalty for People with Severe Mental Illness, giving voice to
families throughout the United States whose lives have been forever changed
by the intersection of murder, mental illness, and the death penalty. Two
months later, Amnesty International issued a report titled Hanging by a thread:
mental health and the death penalty in Japan, highlighting the Japanese government’s
continued executions of mentally ill prisoners.

The death penalty is inappropriate for people with severe mental disorders. On
this day of two intersecting worldwide calls for change, we urge prevention of
violence, through effective and accessible mental health treatment, rather than
executions.


Renny Cushing, Executive Director
Murder Victims' Families for Human Rights
rrcushing@earthlink.net
www.murdervictimsfamilies.org
617 930 5196

Monday, March 16, 2009

TX Death Sentence Overturned

According to The Daily News, Texas death row inmate Gaylon George Walbey has received a new sentencing hearing from the 5th Circuit Court of Appeals ("Death-row inmate could get new hearing," March 15, 2009). Here's the full article:

A convicted killer sentenced to die for the 1993 slaying of a college teacher will soon return to Galveston, where attorneys will decide whether to seek a new punishment hearing or permanently remove him from death row.

After 12 years lobbying the courts for his client Gaylon George Walbey Jr., defense attorney Brian Wice won a new punishment hearing in the U.S. Court of Appeals for the Fifth Circuit on grounds of ineffective assistance of counsel.

Meanwhile, the National Alliance on Mental Illness continues to lobby against states imposing death-sentences in cases against the mentally ill, a situation that is not unique to Texas, said Ron Honberg, the organization’s legal director.

Walbey, 34, who was diagnosed with schizophrenia as a child, repeatedly bludgeoned Marionette Beyah — his former foster mother and a Galveston College teacher — inside her island home May 4, 1993, authorities said.

No Supreme Court Review

With the assent of the state’s Office of Solicitor General and Galveston County Criminal District Attorney Kurt Sistrunk, Texas Attorney General Greg Abbott decided not to ask the U.S. Supreme Court to review the appeals court’s decision, said Thomas Kelley, a spokesman for Abbott.

Wice declined to discuss his negotiations with Sistrunk, but said Walbey, who is no longer under a death sentence, would likely return to Galveston soon where a decision on whether to impose a life sentence or hold a new punishment hearing would be forthcoming.

Roger Ezell — who now works for Sistrunk — failed to investigate “a cornucopia of mitigating circumstances about (Walbey’s) horrific upbringing and background that would have led at least one juror to reject a death sentence,” Wice said.

Prosecutors gave Ezell, who defended Walbey, a mass of mitigating material, such as medical records and records from juvenile court, school, child services and health and human services, Wice said.

The records “painted a portrait of Gaylon’s upbringing and background that even the conservative Fifth Circuit described as ‘nightmarish,’” Wice said.

Ezell said a federal judge and lower appellate court upheld the death sentence, but a state district court and federal magistrate ruled in Wice’s favor, ultimately leading to the higher appeals court’s ruling.

The U.S. Supreme Court has with previous death-penalty cases raised the question whether mentally ill defendants understand the nature of the death penalty enforced upon them, Honberg said.

Scott Louis Panetti was convicted of capital murder in Texas in the 1992 death of his in-laws, but the U.S. Supreme Court ordered a temporary halt to Panetti’s death sentence and remanded the case for further consideration, saying Panetti was sentenced to die despite a well-documented history of mental illness. Panetti remains on Texas’ death row.

‘Not Unique To Texas’

Panetti represented himself and subpoenaed for his trial Jesus, former President John F. Kennedy and Pope John Paul II, Honberg said.

“This is not unique to Texas,” Honberg said. “We’ve followed cases in Virginia, Georgia, Indiana and other states as well. There are four states, North Carolina, Tennessee, Indiana and Kentucky, that have legislation pending or are considering legislation to reduce the application of the death penalty where serious mental illness is involved.”

Brain disorders have a profound impact on a person’s comprehension of reality, Honberg said.

Walbey was diagnosed with schizophrenia at a very young age, although it doesn’t appear that he suffers from it now, Wice said.

Beyah’s Death Remembered

Sistrunk, who tried the case and argued for the death penalty, said he remembered the circumstances surrounding Beyah’s death as if it were yesterday. These cases stay with you, and your victims stay with you, too, Sistrunk said.

“I still remember arguing to the jury how Ms. Beyah was repeatedly beat over the head by the defendant with a fire extinguisher, and that not having killed her, she was then stabbed repeatedly with multiple knives,” Sistrunk said.

One of the knives broke off in Beyah’s back, Sistrunk said.

“The defendant then tried to cut her throat, and that not having killed her, the defendant began choking her with an electrical cord,” Sistrunk said. “Finally he just left her there on the floor of her home, breathing her last breath, as he stepped over her and dug in her purse for her car keys.”

Decision By August

The decision on whether to seek a new punishment hearing for Walbey or to impose a life sentence must be made by mid-August, Sistrunk said.

“We’ve begun our review of the evidence from the first trial and are still awaiting evidence that was offered by defendant’s counsel during the appellate process,” Sistrunk said. “We’ve also contacted the family of Ms. Beyah to begin some discussions on our options at this point.”

Sistrunk could remember only one Galveston County case, that of Santiago Varelas, where a death sentenced was reversed. The case was retried in 2002, and the decision was made not to pursue the death penalty. Varelas was found guilty again and sentenced to life in prison, Sistrunk said.

“Having been personally involved in it and remembering it all, the temptation is to make a quick decision to seek death,” Sistrunk said of Walbey’s case. “But there is no substitute for reviewing everything that is available to us now, and that is what we will be doing over the next few months.”

Friday, January 16, 2009

Op-Ed: Prohibit the Death Penalty for Offenders with Mental Illness

Here's an op-ed that appeared in the The News-Sentinel (Fort Wayne, Indiana), from Kathleen Bayes. Bayes is the executive director of the National Alliance on Mental Illness-Fort Wayne.

Indiana should pass bill to prevent death penalty for severely mentally
ill

Thank You, Fort Wayne News-Sentinel editorial staff for your continued strong objection to reinstating the death sentence for Joseph Corcoran. Your editorial on Jan. 5 inspired me to continue the fight.

Please, please, Gov. Daniels, choose to commute the death sentence of Corcoran to life in prison without parole. End this pathetic injustice and enormous waste of money.

Order the Indiana attorney general's office to forgo any further appeals. Surely, they have more useful, productive ways to spend their time and money.

In the official study of the death penalty in Indiana, commissioned by Gov. O'Bannon and published in 2002, the costs to the county and state for an average death-penalty trial through all appeals totaled $568,836. That total did not include the cost of the defense in federal court and in clemency proceedings, all of which are paid by the federal courts and are substantial. The death penalty and its enormous cost should be reserved for the worst of the worst, if it continues to exist in Indiana at all.

Words cannot express Fort Wayne National Alliance on Mental Illness members' disappointment that the U.S. Court of Appeals has permitted Indiana to choose to reinstate the death penalty for Corcoran once again.

Corcoran is extremely mentally ill. This truth is no longer in question.

Corcoran is absolutely consumed with the brain illness, paranoid schizophrenia. Absolutely no one denies this truth after his 10 years in prison. Three experts say his mental illness is so severe that he is incompetent to make rational decisions. The state did not contradict this expert testimony. Corcoran's pattern of behavior over the last 10 years verifies this truth. One of the three appeals court judges, Judge Ann Claire Williams, agreed that Corcoran was mentally incompetent to waive
his right to having the trial court review his case.

This man is so ill with schizophrenia that all he wants to do is die. His profound schizophrenia prevented him from cooperating with his defense when he was first tried and convicted. His current defense attorney told me that no one wanted to take his case because he is so uncooperative in
his delusions. He just wants people to help him die, signing waiver after waiver of his appeals rights.

Putting Corcoran to death serves no moral purpose. Killing him will not deter future criminal activity driven by mental illness.

There is no logic, no rationale, no plan, nothing gained when a severely mentally ill person is overcome by the voices in his head and commits a capital crime. It is not an act of conscious will or choice. There is no way to deter total irrationality by punishment. Deterrence comes only from
treatment. Members of NAMI who live with mental illness will often tell us about irrational, regrettable behavior that resulted from their brain malfunction, not their conscious will. They will tell us how sorry they are when they return to sanity by effective treatment. They will tell us how hard they work to fix the damage the illness caused. Indiana chose not to execute children and the severely retarded. Indiana should also exempt the profoundly mentally ill.

No one is clamoring for Corcoran's execution except the attorney general's office. The grieving family has steadfastly remained silent. Let the torment of the resurrection of Corcoran's impending death pass from them. Release them from reliving this grief every two years.

The Indiana Legislature must change the law by passing Senate Bill 22. It will prohibit the death penalty in cases where a defendant is found to be afflicted with severe and persistent mental illness, carefully defined to avoid abuse. Senate Bill 22 will save the state of Indiana a lot of money. The proposed law has been passed out of the Bowser Commission, established by the Senate for thorough examination and review. It is strongly supported by the American Psychiatric Association, American Psychological Association, Mental Health American, NAMI National, the American Bar Association, many other organizations and most law enforcement personnel.

The state of Indiana should save its money and spend it on treatment, instead of punishment. Treatment is the true source of safety for all of us.

--------------------------------------------------
Kathleen A. Bayes is executive director of the National Alliance on Mental
Illness Fort Wayne.

Monday, October 20, 2008

Families Affected by Mental Illness and the Death Penalty Gather in San Antonio

On Friday, October 3, the National Alliance on Mental Illness (NAMI) and Murder Victims' Families for Human Rights (MVFHR) launched a groundbreaking new project, Prevention Not Execution (sound familiar?!), which brings together victims' families and families of the executed, all of whom had been affected by mental illness, murder, and the death penalty.

After a private gathering involving the participants, who travelled from Florida, Georgia, Tennessee, North Carolina, California, Maine, Massachusetts, and elsewhere in Texas, the organizations held a press conference that featured Nick and Amanda Wilcox, Lois Robison, Kim Crespi, and Bill Babbitt. Ed Dickey, the head of NAMI San Antonio, and Ron Honberg, the Legal and Policy Director of NAMI, also spoke about this collaborative effort from the perspective of the nation's leading mental health advocacy organization.

The press conference included a powerful ceremony during which all of the participants placed a rose in a vase and lit a candle in remembrance of their loved ones, the victims' of these crimes, and the perpetrators.

You can view photos from the event and read the moving statements of each speaker at http://mvfhr.blogspot.com/.

In addition, WITNESS, a global human rights organization that uses video and online technologies to open the eyes of the world to human rights violations, is featuring online video from the event launch. The video appears on the home page of The HUB, the first global platform dedicated to human rights media and action. It includes portions of statements by Nick and Amanda Wilcox, Kim Crespi, and Bill Babbitt, as well as a portion of the remembrance ceremony that concluded the event. Here is the link to the video: http://hub.witness.org/en/node/8928 (you might need to install flash to view the content).
***
MVFHR will be conducting interviews with other family members who were not able to attend the San Antonio event and will release a report on this effort next summer.

Tuesday, September 23, 2008

MVFHR/NAMI Gather Next Week in San Antonio

Media Advisory
September 23, 2008

National Project Launch

Murder Victims’ Families Oppose Death Penalty for People with Severe Mental Illnesses

Washington, D.C.— Murder Victims’ Families for Human Rights (MVFHR) and the National Alliance on Mental Illness (NAMI) will launch a national project opposing the death penalty for persons with severe mental illnesses at a press conference in San Antonio, Texas on October 3.

The initiative builds on recent U.S. Supreme Court decisions that raise questions about the capacity of individuals diagnosed with severe mental illnesses sentenced to death to understand why they are being executed or even that they will die. A national report on the issue will be released in June 2009, based in part on testimony from family members at San Antonio event.

WHAT: National project launch—press conference

WHEN: Friday, October 3, 2008 3:00 P.M. – 5:00 P.M.

WHERE: University of the Incarnate Word
Bonilla Science Hall 129
Hildebrande—just west of Broadway intersection
San Antonio, TX 78209

WHO: Murder Victims’ Families for Human Rights (MVFHR)
National Alliance on Mental Illness (NAMI)

- Renny Cushing, MVFHR Executive Director
- Ron Honberg, NAMI Policy & Legal Director
- Bill Babbitt, brother of a Vietnam veteran, who was diagnosed with PTSD and schizophrenia, killed a 78-year old woman, and was executed.
- Lois Robison, a mother whose mentally ill son was discharged from a hospital when his insurance ran out. A county hospital could not admit him unless he became violent. He killed five people. Instead of treatment, he got the death penalty.
- Kim Crespi, mother of victims murdered by husband who suffers from mental illness
- Amanda & Nick Wilcox, parents of victim who was murdered by a person with mental illness
- Other family members of murder victims or executed persons from around the United States

MVFHR is a national organization of family members of murder victims and families of the executed. NAMI is the nation’s largest grassroots organization dedicated to helping individuals and families affected by mental illnesses.

Contacts:

Susannah Sheffer for MVFHR: 617-512-2010 (cell) or
sheffer@aceweb.com
Christine Armstrong for NAMI: 703-312-7893 or christinea@nami.org

www.mvfhr.org
www.nami.org

# # #

Monday, September 15, 2008

NAMI/MVFHR Gathering in San Antonio

This column by Dr. María Félix-Ortiz appeared in the San Antonio Express-News on September 10, 2008.

Capital punishment of the mentally ill focus of meeting

This new millennium has seen substantial review of capital punishment.

In 2002, in Atkins vs. Virginia, the Supreme Court wrote that the intellectually disabled can be competent, “but, by definition, they have diminished capacities to understand and process information, to communicate, to abstract from mistakes and learn from experience, to engage in logical reasoning, to control impulses, and to understand others' reactions. Their deficiencies do not warrant an exemption from criminal sanctions, but diminish their personal culpability.”

This overturned a 13-year-old decision that had allowed execution of the mentally ill.
In 2005, the court opined that a juvenile's “immature and irresponsible behavior,” vulnerability to and lack of control over his environment and the fact that he was still developing his identity indicated diminished culpability. In Roper vs. Simmons, the court ruled that a juvenile's diminished culpability meant that execution couldn't serve as retribution or as deterrence of capital crimes.

Could similar reasoning apply to capital punishment of mentally ill offenders?

Mental illness and capital punishment are the focus of a national meeting co-sponsored by National Alliance for Mental Illness and Murder Victims' Families for Human Rights at the University of the Incarnate Word on Oct. 3 at 3 p.m. (in BSH 129). Speakers, who will share their perspectives as family members of murder victims and the executed murderers, include:

Bill Babbitt: His brother was executed in California for assaulting and killing a 78-year-old grandmother. Manny was a Marine who served two tours in Vietnam, after which he was diagnosed with post-traumatic stress disorder and paranoid schizophrenia. Babbitt remarks (see www.mvfhr.org), “The police promised me that Manny would get the help he needed. For the rest of my life I have to live with the fact that I turned my brother in and that led to his death.”

Lois Robison: Her son became ill with paranoid schizophrenia. Larry was discharged after 30 days, as soon as he turned 21, because he wasn't covered by his parents' insurance. Robison took him to the county hospital, which discharged him and said “not to take him home.” He couldn't be hospitalized unless he was violent. Larry's first episode of violence was to kill five people. Robison remarks, “They told us if he ever got violent they would give him treatment and instead they gave him the death penalty.”

Amanda Wilcox: Her daughter, Laura, a receptionist, was killed by a man who had paranoid schizophrenia.

This event launches a national effort to collect interviews and generate a report to the next NAMI national conference. NAMI and MVFHR hope to educate us about this complex issue.

Tuesday, June 10, 2008

NAMI Poll on Perceptions of Schizophrenia

The National Alliance on Mental Illness (NAMI) recently commissioned a poll from Harris Interactive regarding public awareness of and attitudes towards schizophrenia.

Here are some of the findings, pulled from the NAMI report:

Two million Americans are living with schizophrenia (1% of the nation's population age 18 or older). NAMI notes that this is twice the number of people living with HIV/AIDS.

With medication, the symptoms of schizophrenia can often be controlled successfully. About 50% of those diagnosed with the illness can improve significantly or recover completely over time. However, only a third of those living with schizophrenia actually receive treatment, and there is an enormous delay, averaging 8.5 years, between when someone first experiences symptoms and when he/she receives treatment.


People mistake, overemphasize, or underestimate certain symptoms of schizophrenia. The greatest misconception (64%) is that "split or multiple personalities" are symptoms of schizophrenia. Symptoms such as drug abuse (24%), alcohol abuse (23%), insomnia (41%), and disorganized speech (35%) are also not widely recognized.

Violent behavior as a symptom was selected by 60% of the public, which represents a fundamental fault line in how Americans view schizophrenia and other mental illnesses. Ironically, most individuals with schizophrenia are not prone to violence; they typically withdraw from social interaction and simply prefer to be left alone.

The U.S. Surgeon General reported ten years ago that although some research exists to support public concern, "the overall likelihood of violence is low" and the "overall contribution of mental disorders to the total level of violence in society is exceptionally small." The "greatest risk" is from persons dually diagnosed with both a mental illness and a substance abuse disorder. There is also a "small elevation of risk" for persons with severe disorders such as psychosis, "especially if they are noncompliant with their medication."

Other studies support the U.S. Surgeon General's basic assessment and the National Institute of Mental Health (NIMH) has noted that substance abuse "always increases violent behavior, regardless of the presence of schizophrenia." Meanwhile, people with serious mental illnesses are as many as ten times more likely to be victims of violence than the general public.


[Editor's Note: Professor Dorean Marguerite Koenig, a member of the ABA's Task Force on Mental Disability and the Death Penalty and a Professor of Law at the Thomas M. Cooley Law School, notes that schizophrenia is by far the most common mental disorder seen in capital defendants.]

The vast majority of Americans recognize that schizophrenia is an illness (85%) and that with ongoing care, people diagnosed with schizophrenia can lead independent lives (79%).

But only one-fourth (24%) of the general public consider themselves to be familiar with the illness. In a list of 11 common medical conditions that included heart disease, cancer, diabetes, and depression, only Lou Gehrig's disease and multiple sclerosis ranked lower than schizophrenia in familiarity.
***
For more information and to read the full report, visit http://www.nami.org/.

Tuesday, May 20, 2008

NAMI Joins with Murder Victims' Family Members in Groundbreaking New Project; Request for Assistance

Murder Victims’ Families for Human Rights (MVFHR) and the National Alliance on Mental Illness (NAMI) have come together to draw attention to the intersection between the death penalty and mental illness from the victims’ perspective.

MVFHR is an international organization composed of relatives of homicide victims and relatives of people who have been executed, all of whom oppose the death penalty in all cases. MVFHR opposes the death penalty from a victim perspective (asserting that executions do not help victims achieve justice or closure) and from a human rights perspective (asserting that executions violate the most basic of human rights). Within MVFHR’s membership are relatives of victims killed by persons suffering from mental illness and relatives of mentally ill offenders who have been executed.

NAMI (National Alliance on Mental Illness) is the nation’s largest grassroots organization for people with mental illness and their families. Founded in 1979, NAMI has affiliates in every state and in more than 1,100 local communities across the country. NAMI’s members and friends work to fulfill its mission through support, education and advocacy for better mental health treatment and services. NAMI opposes the death penalty for people with mental illnesses, believing that the execution of these individuals compounds the tragedy of violent crimes and serves no purpose in deterring similar crimes.

MVFHR and NAMI are united in the belief that persons suffering from mental illness should be treated, not executed. Both groups are interested in preventing the conditions that lead to criminal violence and in raising public awareness about the effect of sentencing mentally ill offenders to death. As NAMI Executive Director Michael Fitzpatrick said in a statement in 2006, the death penalty for mentally ill offenders represents “a profound injustice … at the most painful intersection of the mental healthcare and criminal justice systems in America.”

What they’re going to do:

- Organize and host a gathering of
family members of victims killed by persons suffering from mental illness and family members of mentally ill offenders who have been executed. The gathering, which will be the first of its kind, will take place in Texas in August 2008, and will include a facilitated private meeting among the families and a public ceremony and press conference.

- Publish a report that will be released at NAMI’s July 2009 conference, which will be held in San Francisco. The report will be based on interviews with 20-30 family members who fit the profiles listed below, and will include policy recommendations and other useful information.

What they’re looking for:

Murder victims’ family members who are, specifically...
- Family members of victims killed by someone suffering from severe mental illness
- Opposed to the death penalty

Families of the executed who are, specifically...
- Family members of someone who suffered from severe mental illness and was executed
- Opposed to the death penalty
- Family members who are related to both the victim and the mentally ill offender, because the murder involved one family member taking the life of another within the same family

(A FAQ with more detailed information about criteria for fitting the profile is available.)

How you can help

- Refer MVFHR to families fitting one of these profiles, or refer them to other people, groups or organizations who might be sources of information about such families.
- Help MVFHR cover the costs of bringing family members to the gathering and public event in Texas by making a donation or recommending potential sources of financial support for this and other aspects of the project.

Please contact Susannah Sheffer with MVFHR at sheffer@aceweb.com if you can offer assistance in either of these areas.

Wednesday, May 14, 2008

NAMI Advocate Speaks about the Death Penalty

The Equal Justice Edition, a newsletter from Equal Justice USA, features the following quote from Kathleen Bayes, whose husband struggled with mental illness. Bayes is the Executive Director of NAMI Fort Wayne, in Indiana.

"The death penalty is often given in cases of particularly violent or baseless crimes. Such crimes are often committed by people who suffer from serious brain disorders. These are not crimes of choice. When such people are medicated and find out what they have done, they are as horrified as anyone else would be.

This very well could have happened to my husband. Today, after treatment, he is a brilliant, kind, and gentle person, just as he was before he became ill. It is the worst nightmare of NAMI families to have a loved one hurt someone and face the death penalty. What the capital punishment system does to a family is horrific, with the torment of publicity and appeals that last for years and years -- all for something the person would not have done if they were in their right mind.

The failure of our society to treat people with mental illness is a disaster. As we have closed our state mental hospitals around the country, jails and prisons have taken over, becoming in effect our country's largest mental institutions. We are criminalizing mental illness, when we should be treating it."


Equal Justice USA (EJUSA) is a national leader in the movement to halt executions. It works state by state to train and empower grassroots leaders to advocate for a more fair and humane criminal justice system. Go to http://www.ejusa.org/ to learn more about the organization and to sign up for the Equal Justice Edition newsletter.

Monday, May 5, 2008

NAMIWalks for the Mind of America












This past Saturday, May 3, 2008, more than 20 members of the Houston chapter of the Texas Coalition to Abolish the Death Penalty participated in the Houston NAMIWalks for the Mind of America, an annual awareness-raising program of the National Alliance on Mental Illness. Launched in 2003 with 12 pilot sites, the NAMIWalks Program has grown to include over 75 sites in 42 states. Proceeds from the walks help to fund NAMI's education and advocacy activities.

Many thanks to everyone in Houston who raised money for NAMI and participated in the Walk!

Lean more about NAMIWalks in your community.