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The defense called another Doctor..cont

A New York Criminal attorney said that the doctor indicated that some of the defendant’s mental health symptoms are in remission. The doctor continued that remission means that the symptoms have been controlled with the current treatment that the defendant is receiving. The symptoms in remission are not manifested to a degree that causes impairment in function.

When asked how the defendant is being prepared for transition to the community, the doctor explained that the defendant is being closely monitored regarding his belongings and urines, is encouraged to participate in group therapy, and has been advised to accept the fact that substances are a part of his life and are dangerous, even if only used once or twice a month. The defendant attends some groups, some are MICA or mental-chemical groups.

The defense called another Doctor who testified that the defendant denied ever having psychotic symptoms. The defendant’s records reflect that his diagnosis is major depressive disorder with psychotic features. He testified that the psychotic features that are sometimes seen with this condition include delusions, hallucinations, and thought disorder. He testified that the defendant indicated to him that he had never suffered from delusions or hallucinations.

The next witness called on behalf of the defense was the defendant’s wife of nine years. She testified that she and the forgery defendant share a great marriage, that the defendant was admitted to the center in May of 2007. She testified that the defendant was hospitalized due to an incident that occurred in 2004. The defendant was upset, and pulled a gun on her father, because the wife was beaten by her father. When the Court inquired as to how this became a psychiatric matter, the witness indicated that there was more to the story, but that she did not want to address it.

She testified that she sees the defendant two to three times a week, that she works full time, that she wants the defendant to come home, and that she has never felt threatened by the defendant. She continued that if the defendant came home, she would like him to continue in outpatient treatment, and that if she ever felt threatened, she would take steps to protect herself.

The next witness called by the defense was the defendant himself. The defendant testified that he was in court so it could be determined if he “should get an order of retention or hopefully be discharged”. The defendant testified that should he be released, he would continue to take his medications. He testified that he has no desire to hurt himself or anybody else.

When the defendant was asked to explain the events which led up to his arrest and admission to a psychiatric hospital, the defendant stated that after he broke his neck in a car accident, he was home all the time. Then, his sister-in-law came to him and told him that she wanted him to know that her father was forcing her to have sex with him. The defendant told her that she did not have to do that, but she replied that if she stopped, he would put her out and she would have no place to stay. The defendant stated that he told his wife about this, and that subsequently, his sister-in-law told him that her father was also forcing the defendant’s wife to have sex with her father. The defendant stated he felt like he was shot with a bullet when he heard this and commits a felony.

The defendant continued that when his wife got home that evening, he wanted to find out without being direct. So, he told her he loves her, that he will always be with her, and that there is nothing she could tell him that would make him leave her. The defendant testified that he told his wife that if she is holding a secret, she should tell him, and then when his wife said she did not know what he was talking about, he told her that her sister told him that her father was forcing them both to have sex with him, and he has been doing it since their mother died, when his wife was 14 years old. The defendant stated that his wife was shocked and surprised that he knew. The defendant said that he told his wife they were all going to talk about it, and get some help. The defendant continued that he, his wife, her sister and father all went to sit down together.

To Be Cont…

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