Law Offices of James B. Gottstein

Office of Counsel

406 G Street, Suite 206

Anchorage, AK 99501

907-274-7686 phone

907-274-9493 fax

 

Attorney for Faith J. Myers, Respondent

 

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT, AT ANCHORAGE

In The Matter of the Hospitalization           )

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FAITH J. MYERS                                          )          

                                                                        )           Case No. 3AN 03-277 P/S

 

MOTIONS OCCASIONED BY STATE'S IMPROPER SECOND AMENDED PETITION AND RELATED MATTERS

 

1.      Motion to Strike Second Amended Petition

Respondent hereby moves to strike the state's Second Amended Petition received by fax late in the afternoon of July 1, 2003.  This was filed after the jury was selected and opening statements concluded.  It appears to be filed in recognition of the legal insufficiency of the original Petition(s)[1] and in light of the State's understanding of the weakness of their case after opening.[2]  In any event, it is totally improper to amend the Second Amended Petition after trial has commenced and Respondent moves it be stricken.

2.      Less Restrictive Treatment

There is a pending determination with respect to the 90-Day Commitment and the Court regarding the potential availability of a less restrictive alternative under AS 47.30.755(b) which provides:

If the court finds that there is a less restrictive alternative available and that the respondent has been advised of and refused voluntary treatment through the alternative, the court may order the less restrictive alternative treatment after acceptance by the program of the respondent for a period not to exceed 90 days.

If Respondent accepts an offered treatment alternative, that is the end of it.  If she doesn't the court may order it.  Attached hereto as Exhibit A is Southcentral Counseling Center's acceptance of Respondent for emergency services as necessary and a description of those services. 

The proposal for a less restrictive alternative is that

(a)                          The Respondent be placed temporarily in the Anchorage Suite Lodge, 441 E 15th Avenue (30 days) while more permanent housing is arranged and either Dorrance Collins, known as the Respondent's ex-husband, or Katsumi Kenaston, a friend and very experienced in mental health matters as a consumer advocate, or another person(s) who respondent feels safe with, or any combination thereof, be with the Respondent as necessary to ensure her safety;

(b)                          Southcentral Counseling's emergency services will be available to Respondent as necessary on a 24-hour basis, including periodic checks as necessary; and

(c)                          Dr. Aron Wolf, MD, will be available when he is in town for psychiatric services.

Under this scenario, the hospital would not be financially responsible.  Mr. Collins can advise the court of the availability of Anchorage Suite Lodge and Respondent's financial ability to pursue this option.

3.      Motion for Order Protecting Respondent/

In the alternative, Respondent moves for an order protecting her during the pendency of the trial.  The only substantive differences in the arrangements set forth above are that Respondent would be at the Captain Cook or some other hotel in close proximity to the Court House to ease her ability to attend the trial and that the hospital be financially responsible.[3]

The Respondent is currently under the virtual total control of her adversary in this proceeding.  Particularly troubling here is (a) that sleep deprivation causes psychosis, (b) Haldol can cause psychosis and withdrawal from Haldol and other psychotropic drugs is even more likely to cause psychosis in the short run, and (c) the kind of stress that Respondent is under at API causes psychosis.  These factors are all completely under the control of Respondent's adversary.  Normally, one would assume that the hospital would not take advantage of this situation to improve its case in court.  However, the conduct in this case shows otherwise.  For example, counsel understands that Respondent is still being checked on every 15 minutes, day and night.  This obviously can create problems with sleeping in an already difficult environment, particularly for Respondent.  This also apparently means that males might check on her when she is the shower (and then report that her showering in her clothes is an indication of her mental illness). 

Dr. Aron Wolf, MD, has indicated he will make himself available by telephone, at least, to advise the Court on these last two motions. 

            DATED:  June 30, 2003.

 

                                                            Law Offices of James B. Gottstein

 

 

 

                                                            By:                                                                             

                                                                        James B. Gottstein

                                                                        ABA # 7811100


[1] Which is the subject of a pending motion to dismiss that will be ripe by the close of business tomorrow, July 3, 2003.

[2] Counsel does not believe he has been served with a First Amended Petition with the single box checked as allowed by the court as a "housekeeping" oversight.

[3] Respondent's hospitalization currently costs the State something over $900 (and will send Respondent a bill to this effect if it follows standard procedure), so this would be a cost savings for the state.