By Catherine McKnight
A special proceeding jury trial began Tuesday morning in the case of People v. Humphrey. Casey Humphrey, the defendant, has been in Napa State Hospital since he was in 18 in 2002, and is eligible for release in November of this year. The people believe he is not ready to be released and still poses a “substantial threat” to others.
The court heard opening statements from Deputy District Attorney Robert Gorman and Deputy Public Defender Bret Bandley.
The state must prove, beyond a reasonable doubt, that Casey Humphrey suffers from a mental defect/disorder and because of that mental defect/disorder he poses a substantial threat to others and has serious difficulty controlling his behavior. The defense must show, with a preponderance of the evidence, that Casey Humphrey no longer poses a danger because he now is taking a medication to control his behavior and that he will continue to take his medication upon release. The jury will find the petition to extend his commitment at Napa State Hospital either true or untrue.
DDA Gorman began his opening statement by giving the jury some background as to how Mr. Humphrey ended up in Napa State Hospital. In 2002, the defendant was arrested because of a physical fight between him and his father. While he had his father on the ground, he stabbed him three times. Ultimately, his father was treated for the stab wounds, but continued to suffer afterwards with clotting, a stroke and some residual paralysis.
Mr. Gorman noted to the jury that, “We are not here on that case, we are here to re-extend Casey’s commitment.” He continued by stating that he has a mental disease/disorder and is a substantial threat to others. Ultimately, he said, the goal is for Casey to recover and be let back into the community, but that “now is not the time.”
In DDA Bandley’s opening statement he told the jury that what Mr. Gorman said about his client’s background is true, but that they must focus on the present, today. He went on to say that Mr. Humphrey’s family has a plan for him upon release. The focus, he said, is on “substantial danger and serious difficulty.”
Mr. Humphrey is now 28 years old and had just passed his 18th birthday back in 2002, when the incident occurred that led him to Napa. Mr. Bandley stressed that it was not a recent incident and that he has done his time and “paid his debt to society.”
The People moved items into evidence and Mr. Humphrey’s current treating psychiatrist in Napa, Dr. Michael Glasser, was called to the stand. He is a staff psychiatrist and his job is primarily to work with individuals, manage medications, and manage treatment plans for these individuals. He has been a licensed medical doctor for 35 years, 6 of which have been in Napa. He has been Mr. Humphrey’s treating psychiatrist for a little over a year.
Dr. Glasser explained that Casey was moved into an intense substance recovery program because “it was felt that Casey continued to divert his own and other’s medication.” Dr. Glasser said that Mr. Humphrey did not confess to diverting his pills. He said that he and Casey have monthly meetings, but interact almost on a daily basis.
On direct, DDA Gorman asked Dr. Glasser what his diagnosis of Casey’s mental disorder is. He said that Casey has schizophrenia, paranoid type. He said that because of this diagnosis, Casey has a poverty of speech and thought and has significant difficulty recognizing normal social cues.
Mr. Gorman then asked what Casey’s treatment plan currently is. Dr. Glassman said that he wanted Casey to take Clozapine, an antipsychotic medication that he claimed is “one of the best.” This is especially for patients with schizophrenia. Dr. Glasser said Mr. Humphrey has been on Clozapine since June and he is now at the low end of his therapeutic range.
Mr. Gorman asked, “Have there been any positive changes in Casey?” Dr. Glasser said that Casey reports feeling calm and has been able to control impulsivity from wanting to ‘punch people.’ The Clozapine decreases aggression and also reduces the risk of suicidal behavior. Dr. Glasser continued to say that the goal is to eliminate the aggression and that there has been no physical acting out on Casey’s part.
Dr. Glasser said that other patients “usually outburst” but it has only happened a few times with this drug in particular. Mr. Gorman questioned, “In your opinion, does Casey recognize that he has schizophrenia?” Dr. Glasser responded by saying that Casey does not talk much but he does have some understanding that he has a mental illness, but not to the full extent. The ultimate goal for Casey, he continued, is to minimize symptoms and maximize awareness.
Dr. Glasser also said that Casey suffers from poly-substance abuse, meaning that he suffered from the abuse of multiple drugs. He said that if an individual does not understand the triggers and warning signs they cannot really recover properly and it is easy to relapse. He testified that Casey has a treatment team in place that consists of a psychologist, social worker, psychiatrist and nurses.
Mr. Gorman brought up Casey’s group attendance and Dr. Glasser attested that Casey’s overall attendance of group work and therapy is about 44%. He said that usually patients should have an 80% attendance rate before being released into the community.
Dr. Glasser’s most recent recommendation is that Casey should remain in Napa because it is only the beginning of his new medication. He wants him to remain in Napa for at least 6 more months so that he can be more comfortable with how the Clozapine is working.
He also discussed Casey’s testing results back in 2006 when he was in the low-average range. Dr. Glasser said that the schizophrenia was causing this and that it was not necessarily his normal cognitive process. He said the real key to Casey’s recovery is the substance use and that Casey does not “fully recognize his problem” and how it relates to his mental illness.
Presently, Dr. Glasser testified, he does not think that he is a substantial threat or danger to others, but he cannot answer that comfortably. He said Casey has been compliant with taking his current medication and has been since June of this year.
To finish his on-direct, DDA Gorman asked Dr. Glasser to predict the future, and “What point in time where Casey is ready to be released?” Dr. Glasser said that the medication is not finished titrating and he is not done following the Clozapine. He stated that Casey must integrate into his thinking the substance use because he does not feel that he understands how it affects his aggression.
On cross-examination, DDA Bandley asked Dr. Glasser about physical aggression in relation to Casey. Dr. Glasser said that he has not been physically aggressive. He noted that there have been incidents of verbal aggression, but nothing physical.
Dr. Glasser said that Casey exhibits better impulse control and that Casey has prepared a wellness plan upon release. He testified, however, that his concern is whether he is able to fully integrate what he has learned into everyday use.
The medication, Clozapine, is a pill to be taken orally and it has been effective from what he can tell with Casey. Dr. Glasser said that there is a “good chance of ultimate success.” He still wants time to observe him to be able to make an honest judgment on the medication.
Closing arguments by counsel are expected Wednesday morning in Judge Paul Richardson’s courtroom.
i recognized gorman from another case involving similar issues. i was relieved to see it was a different testifying doctor.
it is worth noting about a decade ago, gorman was suspended for a year by the bar association.