Agreed. I’m still gobsmacked that those calls started coming in and the police saw two people with charges for all kinds of criminal activity and one guy running a business with no issues and were like, yeah, we’ll go with the ones with records as long as our arms, that sounds reasonable.
It’s rather worrisome that folks with that lack of ability to reason are probably voting.
Exactly. From their failure to maintain objectivity, all the way through to the point of ignoring the process of evidence collection that could have given a clearer view of what happened.
This PD, all of them involved, did nothing for the victims here, whoever you feel they are. If you think LK and RG are victims, these PDs also failed them.
You’d think LK would be going after them as well. Their failures also lead to exacerbation of the situation and ultimately her injuries.
.
You are assuming this 3 Stooges PD actually ran any background on anyone!
It has occurred to me many times in these threads that it would be useful to have a more nuanced term than “victims” in these conversations.
So being a recently retired (corporate) lawyer and having some time on my hands, I pulled and read the Krol decision and the Krol orders. The Krol decision is slightly clearer than mud on the issue, but it seems to indicate that the commitment hearing is to be held within 60 days. I say that it is slightly clearer than mud because the decision itself allows the state to confine the defendant in a “suitable mental institution for a period of 60 days for observation and examination,” but does not say when that period begins. In addition, the defendant in Krol had already been given a conditional release from the mental institution, but the court stated that “[h]e is, nonetheless, entitled to a hearing within 60 days as to whether he is mentally ill and, whether, if permitted to remain at large in the general population without some restraints, he is likely to pose a danger to himself or to society.” The decision does not address what would happen if the hearing is not held in 60 days.
Also, under the Krol decision and the Krol orders, it looks like the prosecutor’s office could choose somewhere other than Ann Klein to have the evaluation performed. The decision in Krol states: “[f]ollowing acquittal by reason of insanity, the defendant may, at the request of the State , be confined in a suitable mental institution for a period of 60 days for observation and examination.” Krol order 1 states: “This order (CN 12556) is to be used to obtain the first post-acquittal psychiatric evaluation required by N.J.S.A. 2C:4-8(a) and State v. Krol, 68 N.J. 236 (1975). 1 Pursuant to N.J.S.A. 2C:4-8(a) the acquittee shall undergo a psychiatric examination by a psychiatrist of the prosecutor’s choosing. . . . For the examination to occur by a psychiatrist in the Department of Health the Not Guilty by Reason of Insanity (NGRI) acquittee will need to be committed to one of the State psychiatric hospitals for the purposes of observation and evaluation, and to provide the court with an opinion as to current dangerousness and recommendations for disposition. ”
The bolding is mine.
That’s interesting. I wonder why the hearing for MB was initially scheduled for 30 days if the law says it takes 60 days. Or maybe 60 days is just the outside limit for the time frame.
The verdict was announced three weeks ago today.
Also, I just came across this article, which is a slight tangent, but still timely.
I mean, if the health inspector lady could read RG at a glance enough to back away from him, it seems hard to believe that the cops both on the scene and beforehand did not get a similar vibe from him.
Thanks, that is very interesting!
So Schellhorn could select a psychiatrist somewhere other than at Ann Klein? Are there other psychiatric hospitals in New Jersey? Or is the Ann Klein Center the one and only?
Could Schellhorn select a psychiatrist in private practice? My mind is going round and round thinking about what could happen if he selected Dr. Schlessinger. That guy has already tried to imply that MB was not insane at the time of the shooting, so if he declared that he is NOW too insane to be released - just wow. That would be a miscarriage of justice that surpasses even what has happened up to now.
Also, since Schlessinger contradicted himself during his trial testimony, this situation might make Judge Taylor’s head really explode.
That’s assuming that the prosecutor has returned from his (hypothetical) trip to wander around the beach somewhere in the Caribbean to forget about the whole experience.
And also that he would be willing to address the issue now rather than just pretend that whole trial never happened.
Either there was a male bias at play OR someone in the police department was buddies with someone involved on the Kanarek side.
The male bias could be based on cops automatically considering the victim is a female OR cops looking to protect the girl
OR
Someone in the Police Dept is doing a Kanarek based friend a favor.
Or both.
That’s assuming that the prosecutor has returned from his (hypothetical) trip to wander around the beach somewhere in the Caribbean to forget about the whole experience.
And also that he would be willing to address the issue now rather than just pretend that whole trial never happened.
Methinks they will have to address it or they will have a violation of civil rights lawsuit on their hands. I fear though that the original hearing date will roll around, and Taylor will extend things another 30 days. I wonder what they will do if they start running up against the 60-day mark.
I wonder what they will do if they start running up against the 60-day mark.
Well, that was the only reason MB finally got his day in court after sitting in jail for 2.5 years, right? They were coming up on the calendar date when they would be legally required to either start the trial or cut him loose. Ugh.
So Schellhorn could select a psychiatrist somewhere other than at Ann Klein? Are there other psychiatric hospitals in New Jersey? Or is the Ann Klein Center the one and only?
It looks like Ann Klein is the designated pysch hospital for this for the Department of Health. Could they choose a private hospital??? Again not addressed (other than what I quoted) in what I have seen.
Could Schellhorn select a psychiatrist in private practice? My mind is going round and round thinking about what could happen if he selected Dr. Schlessinger
Isn’t The Stache a psychologist? Dr Simring is a psychiatrist. Not that I think the State would choose him. But he has worked with the State a lot.
Thank you for doing that.
It’s the absolute lack of information on what happens if there is no evaluation that keeps me digging.
I’ve thought the ‘favor’ thing for almost 3 years.
Or what happens on the 61st day when no evaluation has happened?
Isn’t The Stache a psychologist? Dr Simring is a psychiatrist. Not that I think the State would choose him. But he has worked with the State a lot.
Excellent point! I had forgotten that Schlessinger was a psychologist! That’s a relief (I think). And the more I think about it, the more I realize that Schellhorn would be crazy (ha-ha) to select him since he sort of let the State down during his testimony. Also, I am assuming Schellhorn would certainly want to select someone who was not involved in the criminal trial, to avoid any appearance of conflict of interests.