Noteworthy News Articles on Mental Health Topics, July 25-31,
2000
More Recipients of Medicare to Be Cut From HMOs
Sharon Bernstein & Robert A. Rosenblatt, Los Angeles Times- 7/25/2000
The promise of managed care for Medicare recipients--that older Americans could receive
low-cost comprehensive health coverage--was dealt its hardest blow yet when the federal
government reported Monday that 933,000 older Americans will be dumped from HMO plans next
year. The figure is about 30% higher than originally had estimated by the industry, and
will bring the number of seniors dumped from HMO rolls in just three years to 1.7 million.
It also raises serious questions about the survival of the Medicare HMO, an innovation
that just a few years ago was heralded as a way to offer more benefits while lowering
costs. "This is a real blow to the whole credibility of the Medicare HMO
program," said John Rother, director of public policy for the AARP (formerly the
American Assn. of Retired Persons).
Health plans, which spent millions of dollars in the last decade wooing
seniors with rich benefits and in some cases free supplemental coverage, now say they are
dropping out of Medicare because the federal government is not paying enough to cover the
cost of providing care. Most have severely pulled back services in all but the most
lucrative areas, or dropped the program altogether. In California, 57,000 beneficiaries
will be forced to either choose a new HMO or lose managed-care coverage altogether, and
most of them will no longer be able to obtain prescription drug coverage. Hardest hit is
Texas, where 185,000 seniors will lose coverage, more than half of the HMO members in that
state. In the late 1990s, government planners and members of Congress hoped HMOs
could provide an effective tool to control Medicare costs. They had predicted that 25% of
beneficiaries would eventually enroll in Medicare HMOs, a figure that now looks like an
impossible dream. "In the beginning, there was great promise," said Clare Smith,
executive director of California Health Advocates, a nonprofit advocacy organization for
Medicare recipients. "Then, just disappointment."
Health plans and consumer advocates alike place much of the blame for
the system's crisis on Congress and the Clinton administration: Congress for appropriating
too little money, and the administration for developing a tangled method for distributing
it that pays too little to cover the cost of care in some parts of the country, while
fueling profits in others. The Clinton administration has always denied paying too little,
saying that the health plans were making significant profits, enrolling people who were
healthier than average as a way to conserve funds.
Any discussion of increasing payments or rethinking the distribution system, meanwhile,
has bogged down in partisan bickering.
Karen Ignani, president of the American Assn. of Health Plans, called
on Congress and the Clinton administration to commit more money to the faltering program,
which health plan lobbyists say needs $15 billion more per year.
In late June, the trade association representing HMOS estimated that its members would
cancel coverage for 700,000 people enrolled in Medicare HMOs, complaining that payments by
the federal government were inadequate. "The fact that almost 1 million Medicare
beneficiaries will be affected . . . reinforces the magnitude of this crisis and the need
for action now," Ignani said. "It's time for Congress and the administration to
put aside partisan politics."
For its part, the Clinton administration seized upon the numbers to
push a pet plan of its own: prescription drug coverage for the nation's 39 million
Medicare recipients. That, a top official said, would ensure that seniors are spared one
of the most devastating impacts of losing their HMO--the lack of coverage under
traditional Medicare for prescription drugs. "The volatility of the Medicare
managed-care market underscores the need for Congress to enact the president's legislative
proposal to modernize and strengthen Medicare," said Nancy-Ann DeParle, head of the
Health Care Financing Administration, which runs Medicare. "That way, all 39 million
beneficiaries would have access to a voluntary, affordable prescription drug
benefit."
The sense of betrayal--and terror of high payments--for seniors who are
dropped is palpable, said Smith, whose organization advises seniors on health-care
decisions. Most seniors who signed up for Medicare HMOs cannot afford the high premiums
and prescription drug costs associated with the traditional plan, which was created in
1965 and reflects what health plans looked like at that time--paying for hospitalizations
only and requiring a 20% co-payment on all medical fees. Over the years, a crazy-quilt
system of Medicare supplement plans has sprung up, but they are expensive, costing up to
$3,000 per year. Some seniors cannot even afford the most basic one, which covers visits
to the doctor. "It's total chaos here," said Wen Daniels, who advises seniors in
Los Angeles and Orange counties for California Health Advocates.
One client, Antonio Martinez of Long Beach, is a transplant recipient
who relies on his Cigna HMO to pay for $725 worth of prescription drugs each month, along
with the doctor visits necessary to make sure his body does not reject the new kidney.
Martinez, a 39-year-old carpenter who qualifies for Medicare because of his disability,
will be able to choose another HMO in the area next year after Cigna exits the market. But
he finds the process unnerving and confusing. "I have no idea what's going to happen
to me," he said in Spanish. "I'm most worried about the medicine for the
transplant--the medicine that keeps me from having a reaction."
Daniels reminded seniors that the cuts won't go into effect until next
January, and that they do have the right to either switch to another plan or demand
coverage from a company that provides Medicare supplement insurance.
Part of the problem, said several industry executives, is that managed-care plans competed
so fiercely for members in the late 1980s and early '90s that most offered zero premiums
and free pharmaceutical benefits. "We no longer can sustain the business with these
premium wars," said Katherine Feeny, senior vice president for Secure Horizons, which
is owned by Santa Ana-based Pacificare and is the nation's largest Medicare HMO. If
Medicare managed care is able to stay alive, Daniels and other experts said, it likely
will cost consumers more, offer fewer benefits and require a huge infusion of cash from
the federal government.
But just what form the program will take is difficult to say. Most of
the remaining plans have decided to implement premiums and co-payments and cut back
coverage for drugs. But that makes their plans look more like the expensive Medicare
supplement programs, which, despite their high cost, offer members more freedom than HMOs,
including the right to see any doctor they wish and go to any hospital. Both Pacificare
and Blue Shield, which implemented such payments last year, lost members as a result. Blue
Shield, for example, charged seniors in several Northern California counties $75 per month
in the form of a premium last year. The money was necessary, the nonprofit HMO said, to
combat high medical costs in the Bay Area and Sacramento. But with competitors charging
much less, all but the sickest members switched to other plans, and Blue Shield lost
two-thirds of its membership in the region.
One intriguing but perhaps long-shot possibility is that there will be
an increase in a different sort of managed-care plan, known as a preferred provider
organization. These plans cost less than traditional indemnity plans but offer wider
networks of doctors and hospitals than most HMOs, and one has been approved for operation
next year.
"Managed Medicare in some form or fashion will be here," said Feeny at Secure
Horizons. The staggering number of dropouts over the last three years, she said, is a
"call to action," not only for Congress but for doctors, health plans, consumers
and pharmaceutical companies, all of whom must pay a little more or charge a little less
if the system is to survive. "We need to have everyone pitch in to help us make it
work," Feeny said.
Groups Link Media to Child Violence
Jesse J. Holland, Associated Press- 7/25/2000
WASHINGTON (AP) Marking what one lawmaker called a turning
point in the battle against entertainment violence, four national health associations are
directly linking violence in television, music, video games and movies to increasing
violence among children. ``Its effects are measurable and long-lasting,'' the four groups
say in a statement. ``Moreover, prolonged viewing of media violence can lead to emotional
desensitization toward violence in real life.''
The joint statement by the American Medical Association, the American
Academy of Pediatrics, the American Psychological Association and the American Academy of
Child and Adolescent Psychiatry will be the centerpiece of a public health summit
Wednesday on entertainment violence. ``The conclusion of the public health community,
based on over 30 years of research, is that viewing entertainment violence can lead to
increases in aggressive attitudes, values and behaviors, particularly in children,'' the
organizations' statement says. Advocating a code of conduct for the entire entertainment
industry, Sen. Sam Brownback, R-Kan., compared the statement to the medical community
declaring that cigarettes can cause cancer. ``I think this is an important turning
point,'' said Brownback. ``Among the professional community, there's no longer any doubt
about this. For the first time, you have the four major medical and psychiatric
associations coming together and stating flatly that violence in entertainment has a
direct effect on violence in our children.'' The Motion Picture Association of America and
the National Association of Broadcasters refused to comment Tuesday on the medical
associations' statement. ``I'm not going to comment on something we haven't seen,'' said
Jeff Bobeck, spokesman for the National Association of Broadcasters.
The four health professional groups left no doubt about their feelings
in the statement:
``Children who see a lot of violence are more likely to view violence as an
effective way of settling conflicts. Children exposed to violence are more likely to
assume that acts of violence are acceptable behavior,'' it said.
``Viewing violence can lead to emotional desensitization toward violence in real
life. It can decrease the likelihood that one will take action on behalf of a victim when
violence occurs.''
``Viewing violence may lead to real life violence. Children exposed to violent
programming at a young age have a higher tendency for violent and aggressive behavior
later in life than children who are not so exposed.''
Brownback said he hopes the statement will convince lawmakers that
something has to be done about media violence. And, he said, ``I hope parents will look at
this and say that they're going to have to police their children's entertainment violence
content the same way they police what their children eat and other health issues.'' One
entertainment violence monitoring group, The Lion & Lamb Project in nearby Bethesda,
Md., cheered the statement. ``Right now, the message we're sending children in the media
is that violence is OK ... that it's part of life and sometimes it's even funny,''
executive director Daphne White said. ``We're even using violence for humor now.''
Bobeck said television now has V-chips and a rating system to help
parents take control of what their children watch. ``We think more parents need to control
their remote control,'' Bobeck said. But White said the entertainment industry markets
video games and toys to children based on R-rated movies, has increased the violence in
movies and shows that are rated for children and even previewed adult-oriented movies
during children's G-rated movie. ``The industry has been actively marketing adult stuff to
children while saying it's the adults' fault,'' she said.
Anorexia Can Strike Boys, Too
Howard Markel, New York Times- 7/25/2000
An emaciated boy named Michael sits in a hospital bed, intently
playing a video game. Only 15, he looks like a wizened old man; the color of his skin
gray, his hair falling out and his arm and leg muscles all but melted away. He was
referred for a possible diagnosis of anorexia nervosa. Michael has a much simpler
explanation: "Really, doc, I'm fine. I just don't want to eat anything that will
corrode my arteries and give me a heart attack."
A most vexing eating disorder, anorexia results from self-imposed
starvation to the point it seriously harms one's physicial and mental health. Often linked
to the powerful images of impossibly thin women shown in the mass media, the problem was
long thought to be almost exclusive to affluent teenage girls. Recently, physicians have
begun to appreciate that anorexia has many faces and is hardly restricted to one
socioeconomic class or gender. Teenage girls in search of the perfect body still make up
the majority of cases. But cases have also been reported among teenagers from the rural
South, African-Americans from poor urban centers and even American Indians on
reservations.
And, of course, it is not only girls who are at risk. Many boys stop
eating for a variety of reasons, including participating in sports that require intense
attention to weight, like wrestling and track. Each year, about a million American
teenagers develop anorexia, and anywhere from 1,000 to 10,000 die from its long-term
ravages. Recently I have been seeing boys and girls who do not want to eat because of a
fear of the effects of fat and cholesterol on their bodies. Michael's
"lipophobia" (fear of fat) began six months before we met when his beloved
grandfather, an overweight man who liked his steaks rare and his vegetables deep-fried,
dropped dead of a heart attack while the tow were playing checkers. Since then, Michael
had studiously avoided all foods containing fat. His diet now consisted entirely of water,
slices of fat-free turkey luncheon meat and--his favorite--pita bread.
In the months before he was admitted to the hospital, Michael lost over
45 pounds and stopped his pubertal development. He suffered many other symptoms, including
physical exhaustion, cold, clammy skin, a slowed heart rate, low blood pressure causing
dizziness whenever he got up and severe constipation. During Michael's hospital stay a
team of pediatricians, psychiatrists, nutritionists and gastroenterologists worked to
fatten him up to prevent even more serious illnesses from setting in. We managed to put
some weight on Michael with high-caloric milk shakes that we convinced him were
cholesterol free.
Soon enough, however, we had to discharge him. After giving his parents
a menu of high-calorie foods for Michael to eat, I asked him to keep a detailed diary of
his daily diet. Within a few weeks he produced an almost obsessively detailed and
beautifully printed document, showing a return to pita bread. His parents said they did
not know what to do. "After all," his mother noted, "you can't force a 15
year-old to eat, can you?" Each subsequent week Michael continued to lose weight.
Advice from eating disorder counselors, psychiatrists and even antidepressant medications
did little to arrest the process.
It is difficult to comprehend the complex dynamics that lead to
self-inflicted starvation, the vicious cycle begun by limited food intake to the point
that the brain no longer senses hunger, followed by the inexorable damage to the muscles,
heart, kidneys and other organs. Thanks to a better understanding of anorexia and other
eating disorders, early recognition and concerted efforts by physicians, mental health
professionals and--most important--family members, this deadly disorder can be conquered.
But some either come to be diagnosis too late or do not respond to treatment.
Several months after Michael was discharged, a physician from his
hospital called and told me that the boy died that morning of a cardiac arrest. Despite
the boy's fears, an autopsy later revealed clean and open arteries, with no cholesterol
blockages. But the heart was wasted and shrunken in appearance. I grieved for the loss of
a young man no one could reach. Neither medical knowledge nor pleading were powerful
enough to get him to perform the simple act of eating three meals a day.
Psychologist Helps Kosovo's Children Erase Bad Memories
Erin Emery, Denver Post- 7/26/2000
The children at the refugee camp in Hemer, Germany, sat motionless.
They didn't play little games or sing songs. They were like zombies. Refugees from Kosovo,
they could still hear the screaming planes and the bursting bombs. Some children were so
traumatized by their memories, they didn't sleep or eat. Colorado Springs psychologist
Sandra Wilson, an expert in a therapy called Eye Movement Desensitization Reprocessing,
was asked to come and help. She was accompanied by a team of American psychologists, and
they worked side by side with a young interpreter from Kosovo named Jeton Hoxha. One by
one, 100 children, ages 5 to 16, sat down with the psychologists and Hoxha and told their
stories.
The one told by an 8-year-old girl was particularly chilling. "She
described how a Serb soldier had cut her neighbor's pregnant belly open. He took the baby
out and put a cat inside her stomach," Wilson said. For six months, from
September 1999 to March, the 23-year-old Hoxha interpreted every story for the American
psychologists. He took no pay for his work and instead asked that the Americans help him
complete his education since the University of Pristina had been bombed. After eight
months of wading through bureaucratic red tape, Hoxha arrived late last week at Denver
International Airport. He will enroll next month at Pikes Peak Community College in
Colorado Springs and is sponsored by The Spencer Curtis Foundation, a nonprofit agency
named for two of Wilson's grandchildren who died in the early 1990s. In an interview, he
and Wilson explained how they tried to erase the horrible memories of the Kosovo children.
After hearing each child's story, psychologists began applying Eye
Movement Desensitization Reprocessing, or EMDR. The children, in groups of five, were
given crayons and paper and asked to draw a picture of a safe place and the worst thing
they had ever seen. They drew pictures of their houses before they were burned - the safe
places. The worst things were depicted in pictures that showed their homes being burned.
"They drew pictures of pets being killed, and tanks, guns and dead bodies. And they
drew trees. When the Serbs came, the children and women were allowed to run to the trees,
to the forest. The men were tortured, and after that they were told they could run for the
trees. As (they) ran, they were shot down in front of the children," Wilson said.
After drawing the pictures, the children were asked to do the
"butterfly hug" - to fold their arms across their chests, close their eyes and
make butterfly motions with their hands, tapping on their left shoulder, then the
right. The idea is to stimulate both sides of the the brain so that it can more
effectively wash away trauma. After three two-hour sessions, the images of horror change
to more positive thoughts, Wilson said. "It took three pictures before they changed
back to positive," Wilson said. Hoxha said he noticed the change right away.
"How we could tell," Hoxha explained, "they're sleeping good now. No
sleepwalking. They're eating good." EMDR has been used in 55 countries and was
applied after the April 19, 1995, Oklahoma City bombing. It was also provided for
therapists after the Columbine High School massacre. EMDR is based on the theory that
people process their experiences in their dreams. Dreaming is indicated by rapid eye
movement.
Wilson said a traumatic experience can get stuck in the right
hemisphere of a person's brain, like a kidney stone. Symptoms such as depression and
phobia set in, and unless there is an effort to rid that side of the brain of the trauma,
a person will have difficulty moving on in life. The left side of the brain says,
"You survived, it's over," she said. "Then you start to recover. It's the
left-right, left-right that's important. By stimulating the brain from left to right
through tapping fingers left, then right, the traumatic images turn to more positive
ones." EMDR is used not only to help trauma victims but to help relieve "phantom
pain" experienced by amputees, Wilson said. She has also completed a study of 64
Colorado Springs police officers and found that EMDR helps them relieve stress. The study,
sponsored by the National Institute of Justice, is to be published in January.
Wilson's work has intrigued Hoxha, who has long wanted to be a doctor.
He's intrigued by psychology and psychiatry but isn't sure whether he will pursue those
fields as a career. "Nobody knows what's going to be in the future, but I try to help
in the future," Hoxha said. "My goal is to finish the studies, the
education."
Designer Drug Holds Unknown Health Risks
Bill Blakemore, ABC News- 7/26/2000
On Saturday, federal agents intercepted 2.1 million tablets, nearly
1,100 pounds, of the drug MDMA, commonly known as Ecstasy at Los Angeles International
Airport. Valued at $40 million, officials said it is the biggest Ecstasy bust in history
and it marked the high point of a 10-month investigation by the Southwest Border
Initiative, a multi-agency task force. "Thats 2.1 million tablets of Ecstasy
that wont go to our kids this year," Stephen Wiley, FBI special agent in
charge, said during a news conference today. Three men were arrested Tuesday. Authorities
were still searching for Tamer Ibrahim, 26, of Los Angeles, the alleged ringleader of the
operation. They arrested Ryu "Steve" Jiha, 35, Mark Edward Belin, 28, and Damon
Todd Kidwell, 29, all of the Los Angeles area. The group has been linked to several other
large seizures around the world, including 700 pounds found by U.S. Customs agents in
December 1999, authorities said. The cache confiscated Saturday was found in 15 boxes on
an Air France flight from Paris and represented one-fourth of the 8 million tablets of
Ecstasy seized in the United States this year, officials said. By comparison, only 400
tablets of the drug were seized in the United States three years ago.
Unknown Risks Across the Board
Ecstasy, a synthetic drug manufactured mostly in Europe, is a
hallucinogenic stimulant that gives its users a feeling of euphoria. The popular drug has
spread beyond rave parties to college campuses and even into middle-class, professional
America. Its growing pervasiveness is troublesome because the prevailing belief is that
its perfectly safe in part because some scientists think it might have
therapeutic effects. Also, it does not produce extreme behaviors as some other illegal
drugs do. It just seems to make you feel good. "My experience has been very safe with
it, and everyone around me has been safe," says one 29-year-old professional who runs
her own business and choose not to use her name. "I dont know anyone whos
addicted to it or has problems with it." But a number of users do report a depression
they call "Suicide Tuesdays." Dozens of people are reported to have died after
Ecstasy raised their body temperature to extreme levels. And scientists who study how
Ecstasy works in the brain say there is a great deal of evidence that should make us
worry.
Irreversible Brain Damage
Repeated Ecstasy exposure has been shown to lead to clear brain damage
and that brain damage is correlated with behavioral deficits in learning and memory
processes," says Alan Leshner, the director of the National Institute on Drug Abuse,
which is a part of the National Institutes of Health. "This is not a benign, fun
drug."
Normally, your brain controls mood partly by passing the chemical serotonin in
small amounts from one brain cell to another. But Ecstasy forces lots of serotonin
across the gap. Some new research suggests it leaves brain cells weakened and may cause
irreversible brain loss. "We know from primates, non-human primates, that the damage
lasts for years," says Una McCann, a neuroscientist at Johns Hopkins University. Some
scientists, on the other hand, report Ecstasy may have benefit in strictly limited cases.
"One group were interested in studying are individuals with end-stage cancer
who have severe depression and anxiety and physical pain which have not responded to
conventional measures," says Charles Grob, a psychiatrist at Harbor UCLA Medical
Center. If medical use is ever allowed, it is far off. For now, government agents are
battling the spread, and the myths, of a pill called Ecstasy, which for them, at least, is
anything but.
Punishing Parents: Who's Responsible for a Child's
Delinquent Actions?
ABC News, 7/26/2000
If the parents of Dylan Klebold and Eric Harris the two
teenagers responsible for the massacre at Columbine had done a better job raising
their children, could the tragedy have been avoided? And should the parents be prosecuted
for the horrific crimes of their children? Why hadnt the parents seen the warning
signs that their children were troubled? Had Harris parents never seen their
sons rage-filled Web site or the sawed-off shotgun barrel left on the bedroom
dresser? These are some of the questions being raised as the parents of murdered Columbine
student Isaiah Shoels and surviving victim Mark Taylor, sue the parents of Klebold and
Harris for more than $250 million.
It is not unusual for the victims and families of victims to sue the parents of an
adolescent criminal. Lawsuits have been raised after almost every school shooting in the
past few years. What is unususal is for criminal charges to be brought against parents for
the actions of their children. Increasingly, however, parents are being held criminally
responsible for their childs delinquent acts. Are parents really to blame? In a
special report, John Stossel examines the question of parental responsibility by talking
to parents, children, victims of crimes and the judges who are deciding where to place the
blame.
Parental Responsibility Laws
For decades, states have had laws on the books against actively contributing
to the delinquency of a minor, by, for instance, providing drugs or alcohol. But new
parental responsibility laws go further, holding parents responsible for how well they
supervise their children. Since 1995, 25 states have enacted parental responsibility laws.
These new laws are being called into play for crimes far less egregious than school
shootings. In at least five states, for example, parents can go to jail for their
childs truancy, and in Hawaii, a parent can be imprisoned for a minors curfew
violation.
Is prosecuting parents the right response to juvenile crime? Stanton
Samenow, psychologist and juvenile crime expert, thinks not. "Its a terrible
idea to make parents criminally liable for their kids behavior," he says.
"There are kids that no parent has been able to constrain, short of staying home with
that child and locking him in a room." But Judge Marcia Morey, who helped write
North Carolinas parental responsibility law, believes it gives her the power to
compel parents to keep their kids on track.
"When parents didnt show up to court," she says,
"we couldnt do anything to make them cooperate." Now, parents in North
Carolina are required to appear at juvenile court hearings, and, in some cases, they are
also obligated to pay the cost of their childs punishment. Some parents, she says,
have even spent the night in jail "for failing to help provide transportation for
their kid to get to a counseling program, for failing to wake their kid up in the morning
and get them to school."
How Much Do Parents Know
Laurence Steinberg, of Temple University and co-author of You and Your
Adolescent, conducted a survey of 20,000 teenagers, asking them how well their parents
knew them. One-third of these teens said their parents had no clue who their friends are,
how they spend they money, where they go after school, even how well theyre doing in
school. Steinberg also helped 20/20 develop a survey for 9th and 12th graders from New
Yorks North Rockland High School and their parents. It revealed that even though
these parents say they consistently spend time with their children and believed they were
doing a good job as parents, they were, in many ways, as out of touch as the parents in
Steinbergs larger study.
Because parents are often clueless about their childrens
behavior, Steinberg says, and "given the fact that kids spend so much time away from
their parents, its unrealistic to think that parents should be held responsible for
each and every thing that their child does." He says that in extreme cases of
parental negligence perhaps a parent should be held liable, but otherwise, "blanket
laws about parental responsibility are unrealistic." Steinberg says that what kids
want even more than peer approval is for their parents to approve of them.
"Sometimes saying to your child, You know, Im not going to punish you for
what you did, but I want you to know that you really let me down, you really disappointed
me, that can be much more effective than grounding," says Steinberg. "They
dont want you to know that they want your approval, but they want your
approval."
More Americans Try To Quit Smoking
David Pitt, Associated Press- 7/27/2000
ATLANTA (AP) -- Americans are trying to quit smoking four times more
often than they did in the years before the introduction of nicotine gum, patches and
other products that help people kick the habit, the government reported Thursday. The
Centers for Disease Control and Prevention analyzed data from pharmacies and
over-the-counter purchases of smoking cessation products to conclude that Americans made
more than 8 million attempts to quit smoking in 1997 and 1998, the latest years available.
That's up from about 2 million in 1991, the year before the introduction of the nicotine
patch.
In 1998, the nicotine patch accounted for 49 percent of the
drug-assisted attempts to quit, nicotine gum 28 percent and Zyban -- a prescription drug
-- 21 percent. The nicotine inhaler and nasal spray accounted for less than 3 percent. The
CDC said attempts to quit increased nearly every time a new product was made available.
The CDC said the survey may overestimate attempts to quit because the numbers are based on
sales data rather than questioning users. It's also impossible to determine if smokers
were buying the product to quit or using it as a substitute for smoking in places where it
is banned. The CDC, which says about 48 million U.S. adults smoke, did not track how
many of the attempts to quit failed.
Having a variety of products helps smokers find ways to quit, said Rod
Todd of the American Cancer Society. ''Smokers are always looking for something that
will be helpful and you never know with product might work the best for a particular
smoker,'' he said. About 70 percent of people who smoke want to quit and 35 to 45 percent
of them will try to quit in any given year, Todd said. It's common for smokers to go
through several cycles of attempting to quit, going back to smoking and then trying to
quit again. ''We know that all of these work and they've been shown to work,'' said
Saul Shiffman, a professor at the University of Pittsburgh's smoking research group. ''The
challenge is getting people to use them. Even though these products work and people are so
eager to quit smoking, too few people use these treatments.'' The CDC recommended that
smoking-cessation products be included as an insured medical benefit. The report also said
decreasing the cost of treatment could increase the number of people who try to quit.
''The prevalence of smoking is higher among persons of low socio-economic status and
access to these treatments must be assured to these populations,'' the report said.
Insanity Finding Sought in Killing
Ralph Ranalli, Boston Globe - 7/28/2000
Luis Erazo 's slide into madness began quietly, with the nagging
fear that his boss at a Chelsea supermarket was making fun of him and laughing behind his
back, according to court testimony. It climaxed a year later on the morning of Dec. 6,
1998, when - convinced that his wife was part of a conspiracy to poison him - he
wordlessly picked up a knife and plunged it into her chest, killing her in full view of
his 6-year-old stepdaughter, according to testimony.
What happened to Erazo, two psychiatrists said, was such a textbook
example of paranoid delusional psychosis that a Suffolk County prosecutor and defense
lawyers took an extraordinary step yesterday: They both urged a judge to declare Erazo not
guilty of murdering Maribel Caraballo, by reason of mental defect. Suffolk Superior Court
Judge Diane Kottmyer said she will decide by next Friday whether to accept the
recommendation. If she does, Erazo would then be referred for a 60-day evaluation at
Bridgewater State Hospital to determine whether he should be treated in a locked
psychiatric facility.
Elizabeth A. Keeley said that in her 17 years as a prosecutor, it was
only the second case she could remember where both sides agreed that a killer was not
legally responsible for his crime. ''It is not the usual occurrence that two doctors would
both conclude - that a defendant suffered from a major disease which made him not
criminally responsible,'' Keeley said. But the victim's niece, Diana Caraballo, 23, said
relatives are having a hard time comprehending that Erazo may do no prison time for the
death of his soft-spoken, gentle wife. ''We're not saying he's completely sane,'' she
said. ''But he knew what he was doing'' when he killed her.
Technically, what happened in Kottmeyer's courtroom yesterday was a
jury-waived criminal trial. But prosecutor Keeley presented no evidence other than police
reports, hospital records, witness statements, and the testimony of the state's
psychiatrist, Dr. Malcolm Rogers of Brigham and Women's Hospital. Defense attorney James
M. Doyle presented only one witness, Harvard Medical School professor Prudence Baxter.
Both psychiatrists said essentially the same thing - that Erazo, 33, truly believed his
wife wanted to kill him. Unlike defendants who only claim to have heard voices after they
are arrested, Erazo had a documented history of frightening auditory hallucinations and
tried to get medical help.
Erazo immigrated to the United States in the mid-1990s and found work
in the meat department of the Market Basket supermarket in Chelsea, where he met
Caraballo, a divorced single mother, according to testimony. They were soon living
together and later married. Around Christmas of 1997, Erazo began to fear that his boss at
Market Basket was trying to get rid of him because he was ''doing too good a job,'' Rogers
said. Erazo knew that his feelings didn't make sense, and their irrationality frightened
him, the psychiatrist said. His condition soon worsened, however. Voices began telling him
that he should take charge, be ''the boss'' at the supermarket, even president of the
United States, the doctors said. He started believing that his Market Basket superiors
were ''doing witchcraft on him,'' Baxter said, and, finally, plotting to poison him.
In reality, however, his managers considered him an exemplary employee
and tried to talk him out of taking a new job at the Boston Coffee Cake Co. bakery in
Woburn. For a time, at Boston Coffee Cake Co., the voices went away and he was less
fearful. One day, however, he felt dizzy after eating lunch, an incident that he
''interpreted as proof he was being poisoned,'' Baxter said. His paranoid delusion
expanded, both doctors testified, to include his new supervisors whom he now believed were
in league with his old ones, according to testimony. Caraballo, meanwhile, had elected to
keep her job stocking the supermarket's health and beauty aisles, a decision that may have
cost her her life.
At home, Erazo insisted that someone was trying to poison him, but his
wife's efforts to change his mind - combined with her employment at Market Basket - only
fed his paranoia. Their inability to conceive a child also may have contributed to his
delusion, Rogers said. When the couple learned that his sperm count was low, Erazo was
certain that poisoning by his wife was responsible. On Nov. 25, 1998, a doctor at an East
Boston health clinic prescribed Prozac for Erazo, recommended he avoid eating lunch at
work, and scheduled a follow-up appointment for him. Erazo never showed up. Two or three
days before the stabbing, Rogers said, Erazo was consumed by thoughts of dying and of
killing his wife. The sight of her preparing breakfast on a Saturday morning that December
may have been the last straw. He allegedly stabbed her as she cooked. Caraballo staggered
from their Chelsea apartment, collapsed, and bled to death on the sidewalk. ''It was his
intense fear that unleashed the attack on her,'' Rogers said.
Prosecutors Demand Drugs For Weston
Bill Miller, Washington Post- 7/28/2000
Federal prosecutors urged a judge yesterday to order that Russell
Eugene Weston Jr. receive medication to curb his mental illness, saying it is their only
hope of eventually bringing him to trial for the killings of two Capitol police officers.
"There could not be a more compelling state interest than in the adjudication of the
murder of two law enforcement officers," said Assistant U.S. Attorney David B.
Goodhand, adding the government's rights outweigh Weston's arguments to remain drug-free.
Defense lawyers contended that medicating Weston against his will would create an ethical
dilemma not only for the court but also for his doctors. If Weston's condition improves to
the extent that he is mentally competent for trial, he could wind up facing the death
penalty. In short, they said, getting better might kill him. The two sides yesterday
wrapped up a four-day hearing in U.S. District Court that focused extensively on Weston's
current mental state and potential for treatment. On one issue, the doctors agreed:
Without medicine, Weston's delusions will only get worse.
Weston, 43, a Montana man with a long history of mental illness, has
been deemed mentally incompetent to stand trial for the July 24, 1998, slayings of Jacob
J. Chestnut and John M. Gibson. He has told psychiatrists he killed the two men and
stormed into the U.S. Capitol to save the world from cannibals and deadly disease. His
goal that day, he said, was to retrieve a "ruby red satellite system" that can
reverse time. Although Weston was arrested immediately after the shootings, the
prosecution's case against him has never reached the first critical stage. Weston hasn't
been found mentally able to even enter a plea in the case let alone aid his attorneys and
prepare for trial. For the past two years, he's received virtually no psychiatric
treatment because neither he nor his lawyers will agree to put him on anti-psychotic
medication. Defense lawyers have blamed the potential of execution for the stalemate. If
prosecutors would agree not to seek the death penalty, they have said, the defense team
would change its views about medicating him. But prosecutors said they cannot make a
decision about the death penalty without a host of psychiatric examinations to assess
Weston's condition at the time of the Capitol attack.
Goodhand urged Judge Emmet G. Sullivan yesterday to rule that
medication for Weston was necessary to make him fit for trial and to ensure the safety of
Weston and others. He said the "unpredictability of Weston's illness, the
unpredictability of his delusions" made Weston a continuing danger to himself and
others. Sullivan set no timetable yesterday for a decision. No matter how he rules,
however, the case is likely to remain at a standstill because of appeals. Besides raising
ethical issues, defense lawyers A.J. Kramer and Gregory Poe contended Weston has a
constitutional right to remain free from medication and hasn't harmed anyone while in
custody. They also argued it would be difficult to ensure Weston gets a fair trial if a
jury is not able to see him in a full-blown state of mental illness. The lawyers have
recruited several psychiatrists to lay groundwork for an insanity defense.
Weston, who for years has suffered from paranoid schizophrenia, has had
a severe form of the illness since 1996, according to psychiatric testimony. Since his
arrest, his condition has deteriorated and his delusions have gotten worse, doctors said.
Sullivan ordered last year that Weston receive medication, but defense lawyers blocked any
action with an immediate appeal. In March, an appellate panel sent the case back to
Sullivan for further review, leading to the hearings this week. Weston was in court each
day, staring blankly at the judge and witnesses. He has been housed at a federal prison
psychiatric hospital in Butner, N.C., kept separate from other inmates. He is watched
around-the-clock by officers stationed just outside his cell who take notes every 15
minutes about his activities. Prison staff members testified that Weston has become
increasingly withdrawn, rarely speaks to anyone and, for a stretch last winter, cocooned
himself tightly in his blankets. Sally C. Johnson, an associate warden and psychiatrist,
testified that staff members are frightened of Weston because he has become "more
menacing" and belligerent in his insistence that they leave him alone. Johnson did
not predict how long Weston would require medicine to regain competence. She said a
decision to medicate him now did not mean he would remain on drugs through any trial or
beyond. Those issues would be explored later, she said.
When Innocence Can't Relieve Remorse
Brooke A. Masters, Washington Post 7/28/2000
For months after her collision, Frances M. Smith continued to have visions of the
bicyclist who ran a red light and crossed in front of her Dodge Shadow on Independence
Avenue. Calvin Henry, 36, would show up in her dreams. Smith would feel his presence in
her Lanham home. In the days after she learned that Henry had died of his injuries, she
said, it was like being caught in perpetual rewind, as Henry seemed to crash through her
windshield again and again. There is nothing that Smith, 49, could have done to prevent
the Oct. 27 accident, D.C. police said. She had the right of way and wasn't speeding. But
for nine months, she has lived with the knowledge that her car helped take another
person's life. "I'm not over it. I'm learning to deal with it. It's like nothing I
have ever experienced," Smith said. "A stranger can come into your life for a
few seconds, and your whole life is changed."
Drivers such as Smith are America's forgotten traffic victims.
Investigators tell them they weren't at fault in a fatal accident, but that only goes so
far. Their lives are often irrevocably changed. Many suffer flashbacks and nightmares, and
some develop post-traumatic stress syndrome, drivers and mental health specialists say.
"I wound up getting a new car, because I couldn't deal with my car," said Smith,
49, who says she has become a workaholic since the accident, because her job at the
Department of Health and Human Services is "kind of like therapy." Innocent
drivers largely face the aftermath alone. If they need help, they must find it themselves,
because police are focused on punishing negligent drivers, and advocacy and support groups
concentrate on crime victims and their families. "People [think about] the poor dead
guy and his family, but we need to look at the driver who, through no fault of her own, is
involved in an accident and somebody has died," said Sgt. Pat Wimberly, who runs the
Fairfax County police accident reconstruction unit. "There is a lot of survivor
guilt. . . . Most people have never seen a dead body before. Most people have never seen
somebody in absolute agony, suffering." And it can happen to anyone who gets behind
the wheel, traffic experts point out. A drunk pedestrian may stumble onto the highway; a
rushed office worker may dart out from behind a parked car. "Sadly, you become a
victim of another person's choice," said Portia Cox, victim services manager for the
Prince George's County police.
Local authorities say they do not track fatal accidents in which the
surviving drivers were not at fault, but statistics kept by the National Highway Traffic
Safety Administration offer a window into the phenomenon. In 1998, 2,812 pedestrians and
cyclists were killed in motor vehicle accidents in which the driver was sober and did not
receive a ticket and police did not cite any driver behavior as contributing to the crash.
Between 20 percent and 40 percent of people involved in serious motor vehicle accidents
have symptoms of post-traumatic stress disorder, which can include flashbacks, sleeping
problems, panic attacks and emotional numbness, said psychologist Edward B. Blanchard, who
has written extensively about car accidents. Half of them get over it within six months,
he said, "but for those that do not, it can go on and on and on." "It's a
traumatic event, and people will assume some responsibility even though they are not to
blame," said Blanchard, a professor at the State University of New York at Albany.
"If I had just been more careful; If I had just come along 15 seconds later. It is
human nature to engage in that kind of thing."
That is how Ann Divecha feels. The Falls Church mother of two says she
cannot get over the "what ifs." What if her minivan hadn't come down that street
in Falls Church at just that moment? What if there hadn't been wet leaves on the road?
What if she had caught more than just a glimpse of the bicycle? But by the time Divecha
heard the thump, it was too late. Her 11-year-old neighbor, Hannah Knudsen, had slid down
a hill, crashed into the side of the minivan and lay dying on the ground. "I'm not
thinking about it all the time anymore," Divecha, 36, said. "But I think if I
ever felt something hit the car again, I'd freak out."
Mental health experts say that crash participants are more likely to
suffer lasting psychological problems, if they have previously been depressed, suffered
post-traumatic stress syndrome before or if they are injured themselves in the accident.
Substance abuse can also be a key danger, say counselors at Metro, who work with train and
bus operators after fatal accidents. That's because drivers may not realize that their
flashbacks and other troubles are common reactions, and they may try to self-medicate with
alcohol or prescription drugs. "It's important to tell people, 'This isn't
inappropriate. What you're feeling is perfectly normal,' " said counselor Willie
Wise, who worked with four such Metro operators last year. "There's a lot of guilt, a
lot of anxiety, a lot of depression and a lot of fear that this may happen again."
For some drivers, the immediate aftermath of the collision is as
traumatic as the crash itself. For most, it is the first time they had ever had serious
dealings with the police, and the close questioning makes them feel under suspicion and
criminal. Although police officers try hard to reassure innocent drivers, several of those
interviewed said they worried what their friends, neighbors and co-workers would think.
They also worried they might be sued--something that occasionally occurs even when police
conclude that the victim was at fault. Paul Snyder, 53, who was hit head-on in Loudoun
County when another driver crossed the center line, thought everyone would assume he was
in the wrong, because he was driving a truck. "Some of it's the fault of the truck
drivers but some of it's not. When you've got a big load, you can't stop as fast as a
car," said Snyder, who lives in Winchester. "Some of these people are in such a
big hurry to get somewhere, and they get nowhere instead."
Smith dreaded going to the office, because most of her co-workers had
walked past the accident site, only blocks from their building. Divecha worried that her
son Devin, 6, might be teased, especially after she learned that Hannah's little sister
rode the same bus and attended the same elementary school. Because she lives only a few
blocks from both the crash site and from the Knudsen family, Divecha said, she felt
strongly that she could and should not withdraw from their shared community. Instead, she
went to see Hannah's parents, learning in the process that she had once purchased Hannah's
old tricycle at a yard sale and her own children now use it. Divecha also brought her son
to Hannah's memorial service to help him understand that real-life crashes--unlike the
ones on television--have real consequences. Both gestures meant a great deal to Hannah's
family, said her uncle Eric Knudsen. "The two sides' meeting did a lot to help both
sides heal. . . . Being able to console [Divecha] and tell her it wasn't her fault was
just good" for the family, Eric Knudsen said. "There are things in life that are
not avoidable." Eventually the immediate effect of the crash diminishes, drivers
said. Divecha has put away the sympathy cards she received. "So many people said to
me, 'Gosh, it could have been me.' That was helpful," she said. Smith no longer sees
a counselor regularly. Snyder has recovered from the stitches he received in his accident.
But little things serve as painful reminders: seeing another cyclist, going through the
same intersection, hearing about a similar crash on the news.
Fairfax management consultant Jill Armstrong, 28, said she never wants
to go out to dinner on Valentine's Day again, because that was what she and her fiancée
were doing when she hit a pedestrian who had already been knocked down by another driver
in 1999. When she sees pedestrians dart out into traffic or stand in a very narrow median,
she said, "It really makes me cringe. It makes me want to stop the car and say, 'Do
you know what you're doing? People have died for this.' "
Mental Illness Tied to Risky Acts
Chris Cunningham, Reuters- 7/28/2000
NEW YORKYoung people who suffer from common psychiatric disorders, including
depression, schizophrenia and substance dependence, are much more likely to engage in
risky sexual behavior than their peers, according to a study in the July 29th issue of the
British Medical Journal. "Psychiatric disorders and risky sexual behaviors occur in
the same people at age 21 with unusual prevalence," Sandhya Ramrakha and others
write." Although risky sexual behavior and sexually transmitted diseases are common
among this age group, a disproportionate burden is carried by those with psychiatric
disorders."
Ramrakha, a research fellow at the University of Otago Medical School
in Dunedin, New Zealand led a research team that looked at several psychiatric conditions
and aspects of sexual behavior in more than 900 21-year-old men and women. They used data
from an ongoing longitudinal study in New Zealand that has been assessing the
participants' health and behavior since they were 3 years old. The participants had all
been recently re-assessed at age 21, the age that mental health problems and risky sexual
behavior tend to be most apparent, Ramrakha told Reuters Health.
The type of psychiatric condition seemed to dictate the nature of the
unsafe behavior. Participants with anxiety disorders were more likely to report sexually
transmitted diseases, while those with manic diseases were more likely to have sexually
transmitted disease and risky sexual intercourse. But the young people with depression,
antisocial disorders, substance dependence, and schizophrenia were more likely to
experience all three--unsafe sex, sexually transmitted disease, and early intercourse.
The authors speculate that depressed young people might have risky sex
because they feel hopeless or have low self-esteem. In contrast, someone with an
antisocial personality might carelessly spread a sexually transmitted disease.
Furthermore, a young person who suffers from both depression and antisocial behavior may
show even greater inclination for these behaviors. The researchers did not find
differences in sexual activity between men and women, nor among different socioeconomic
groups. "There may be sex or class differences in risky sexual behavior, and in
mental disorders," Ramrakha said, "but the link between risky sexual behavior
and mental health is the same for boys and girls, rich or poor."
Commenting on Ramrakha's study in a BMJ editorial, David L. Bennett of the Royal
Alexandra Hospital for Children, in Sydney, Australia, suggested that just as alcohol and
drug consumption may increase the chance that young people will indulge in unsafe sexual
behavior, a psychiatric condition might interfere with their ability to assess risk or
take precautions. Bennett said the current study emphasizes the need to identify high-risk
young people with health conditions, because they will likely have many other problems
before they finish high school. "The coordination of services at all levels
needs to be considered, including school counselors and clinics," Ramrakha said.
Mental Hospital Settles Lawsuit
Kirk Mitchell, Denver Post- 7/29/2000
The Colorado Mental Health Institute in Pueblo has agreed to settle a lawsuit by paying
$400,000 to the families of two patients who committed suicide in the hospital's forensic
unit, a state official says. The lawsuit, filed in April 1999, blamed the suicides of
Terry Wilkerson, 45, and Michael Riley, 28, on hospital doctors, nurses and
administrators. The hospital provided substandard medical and psychiatric care, the
lawsuit says.
Wilkerson, who hanged himself in a broom closet in 1997, and Riley, who
hanged himself in a bathroom in 1998, were among four patients who killed themselves in a
15-month period. The hospital will pay $250,000 to Riley's mother, Jacquelin Riley, and
$150,000 to Wilkerson's family, said Liz McDonough, spokeswoman for the Colorado
Department of Human Services. Of the money going to the Wilkerson family, $96,000 will be
placed in annuities for Wilkerson's three children. Kathleen Mullen, a Denver
attorney who represented the families of the patients, declined to comment.
Riley killed himself on April 15, 1998, after repeatedly asking his
doctor, David Johnson, to take him off of Haldol, the same psychotropic medication he was
using when he attempted suicide before, the suit says. A "dreary, overcrowded, unsafe
and untherapeutic environment" didn't prevent Riley from hanging himself shortly
after he was caught with a sheet in the bathroom, the lawsuit says. When Wilkerson's wife,
Rebecca Wilkerson, warned Dr. Matthew Goodwin that her husband was suicidal, Goodwin said
her husband was under a suicide watch. In fact, he hadn't been for five months, the
lawsuit says.
Federal Study Finds Serious Heroin, Crack Epidemic in
Baltimore
Associated Press, 7/29/2000
BALTIMORE (AP) A federal study has found that Baltimore has one of the most serious
drug problems in the nation, and city officials say they hope to use the information to
seek more federal aid to combat drug use and crime. The Drug Enforcement
Administration's three-month study found that Baltimore is a major market for South
American heroin that is ''significantly'' purer than the national average. The DEA
assessment was requested by Police Commissioner Edward Norris this spring and delivered to
department managers last week. Based on DEA intelligence and statistics, as well as
independent research, the assessment said Baltimore leads the nation in heroin use and has
one of the most severe crack cocaine epidemics in the nation. The use of the designer club
drug ecstasy has rapidly increased, particularly among suburban users. 'It confirms a lot
of the suspicions we had,'' Norris said. ''The drug problem is more serious than most
major cities in America.''
Norris said requests for aid might include asking for more DEA agents in Baltimore,
more money for drug-enforcement police and more money for drug-treatment facilities for
addicts. Baltimore is estimated to have at least 60,000 drug addicts, or about 10 percent
of the population. Police say drugs are a factor in eight of every 10 city homicides. With
federal help and an aggressive anti-drug strategy, Norris and Mayor Martin O'Malley said,
they believe the drug epidemic will be under control in two to three years. Baltimore also
continues to lead the country in both heroin- and cocaine-related hospital emergency room
admissions, according to the DEA.
New Drug of Choice Hits Maine Streets
Associated Press, 7/30/2000
PORTLAND, Maine--A highly addictive prescription pain reliever known as OxyContin is
hitting Maine's streets from South Portland to Washington County. When used legally, the
opiate is prescribed to relieve chronic pain accompanying cancer or surgery recovery. But
on the streets, where it's known as ''oxy,'' the drug can produce a high so close to
heroin that its black market use is soaring ''It's more addictive than any pill I know
of,'' said Christopher Coughlin, who was caught in May with a gym bag full of heroin and
OxyContin. ''There's a lot of it on the street right now. It's the drug of choice,'' said
Coughlin, 32, who is serving eight years in Maine Correctional Center in Windham.
During the past 12 months, the Maine Drug Enforcement Agency has
arrested 156 people for crimes involving prescription drugs, twice as many as the previous
year. Police say the demand for OxyContin drove the increase. Signs of the drug's
increased use are also visible in hospitals and clinics. The Recovery Center at Mercy
Hospital in Portland sees new OxyContin addicts nearly every day, said nurse practitioner
Jane Boyer. ''It's very, very difficult to quit,'' said Boyer. ''People who begin using
opiates don't realize what they are doing to themselves.'' Coughlin describes
withdrawal as ''having the flu times 1,000.'' In bad cases, withdrawal lasts a couple of
weeks.
At Portland's Discovery House, a methadone clinic, about a quarter of
the 400 patients are Oxy addicts, said John Destefan, the program's director. ''We've seen
a steady increase in the last couple of years,'' Destefano said. Users crush the small
white OxyContin pills to remove the time release coating, then snort or inject the powder.
To get the drug, addicts steal prescription pads and fool doctors by feigning severe back
pain. Some break into homes where they suspect somebody has an OxyContin prescription.
Last month, two armed men in South Portland broke into an apartment and
demanded that a 52-year-old man hand over his OxyContin. They left with the pills and
remain at large. And in Millinocket in March, two masked men broke into an elderly
couple's home, knocked the woman to the floor and tried to steal a bottle of OxyContin
from her purse. The intruders fled when she screamed for her husband.
In February, U.S. Attorney Jay McCloskey sent a letter to 4,800 health
care providers in Maine warning them about ''serious problems across the state regarding
the misuse of OxyContin.'' A federal study using Medicaid statistics ranked Maine second
in the nation in per-capita use of OxyContin. The surging demand for the drug mirrors a
rise in heroin use in the state. Purdue Pharma of Norwalk, Conn., started marketing
OxyContin in 1996.
Voices in His Head Muted, A Killer Rejoins the World
Blaine Harden & Nina Bernstein, New York Times- 7/31/2000
Until this month, Dennis Sweeney was the only killer in New York
State who was required by law to go twice a month to a mental hospital for a six-hour
sleepover. Around midnight, he drove to a state hospital in Middletown, N.Y., said hello
to the duty nurse and picked out an empty bed on the third floor. He woke himself at dawn,
walked out of the hospital and returned to the carefully calculated anonymity of his
small-town life. This odd and empty ritual, which he has performed without fail for more
than five years, was the end-game in a legal and psychiatric odyssey that began two
decades ago when Mr. Sweeney committed a crime that dumbfounded a generation of Americans
who came of age in the 1960's.
On March 14, 1980, he walked into a law office in Rockefeller Plaza and
shot dead Allard K. Lowenstein, the former congressman whose liberal passion helped shape
a decade of civil-rights and antiwar activism. Mr. Lowenstein had been his friend and
mentor. But after his arrest, Mr. Sweeney told psychiatrists that he was convinced by
voices in his head that Mr. Lowenstein was part of a Jewish plot to destroy him. After a
quick diagnosis of paranoid schizophrenia, Mr. Sweeney was found not guilty by reason of
insanity and packed off to a state mental hospital.
As Mr. Sweeney's sleepovers at the mental hospital suggest, the laws
and procedures that define insanity and have ruled his life for more than a third of his
57 years are often arbitrary and sometimes useless. The process, too, has a history of
being turned upside down in response to public fear, populist politics and sensational
crimes like the shooting of President Reagan. The treatment of the man who killed Al
Lowenstein spans an era of wholesale change in the insanity defense in America. While the
very meaning of insanity was being rewritten in legislatures and reinterpreted in the
courts, Mr. Sweeney was living in Middletown, about 70 miles northwest of Midtown
Manhattan, and making what his psychiatrists describe as a rare and impressive recovery.
The dental crowns that he gouged out of his mouth with a hacksaw blade
in the early 1970's--in an attempt to silence the voices--have been replaced. Mr. Sweeney
has said the voices disappeared more than a decade ago, and doctors at Middletown
Psychiatric Center say they believe him. Hospital furloughs have allowed him to find a job
as an employment counselor. He rents a house with a fine view of the Shawangunk Mountains.
He is active in the Unitarian Universalist Church in Middletown and managed a Habitat for
Humanity project there that built a house for a disabled couple. For about a year, court
records show, he has been romantically involved with a woman who works as a counselor to
the mentally ill and has told her about his violent past. He refused repeated requests to
grant an interview for this article.
Justice Brenda Soloff of State Supreme Court in Manhattan has been tracking Mr. Sweeney's
progress for more than 15 years, and on June 30, she ordered a conditional release that
will end his sleepovers at the mental hospital. Those visits were a legal fig leaf, she
said, covering the reality that he is "an inpatient in name only." In her
decision, the judge concluded that "for six years, without medication, Dennis Sweeney
has been building an ever more complex, satisfying and successful life in the
community."
Changing Attitudes: Reagan Attack Tilted Legal Landscape
Mr. Sweeney's recovery and return to everyday life would, in all likelihood,
have been impossible had he pulled the trigger after John W. Hinckley, Jr. shot President
Reagan in 1981. Mr. Hinckley was later found not guilty by reason of insanity--a decision
that roiled public opinion and prodded politicians to act. In 1984, Congress sharply
raised the bar for the insanity plea. It changed the test of incompetence from whether
defendants appreciated their acts or could control their behavior to a more restrictive
standard: Did they know right from wrong? Congress also shifted the burden of proof. Where
once the prosecution had to establish reasonable doubt about an insanity plea, the defense
now has to show convincing evidence to support the plea.
States followed the federal lead, with two-thirds restricting the
defense. Twelve states adopted a guilty but mentally ill verdict, 7 narrowed the test for
insanity, 16 shifted the burden of proof, and 25 tightened release rules for those found
not guilty by reason of insanity. New York State narrowed the test and shifted the burden
of proof. Changes in the law followed a sea change in public attitudes, according to legal
scholars, as the insanity defense generated mounting skepticism, Psychiatrists who
testified as expert witnesses also retooled the way they judged the sanity of people who
committed murder.
"Before Hinckley, our approaches erred on the side of finding
insanity," said Dr. Park Dietz, a psychiatrist who has been an expert witness,
usually for the prosecution, in some of the most notable insanity defense cases of the
past 20 years, including Mr. Hinckley's, Jeffrey Dahmer's and the Unabomber's. "The
approach launched in 1981 would, in the Sweeney case, have looked very specifically at
whether he knew Lowenstein was a man who could be injured or killed by shooting, and
whether he knew that the police would come and want to punish him." By that standard,
several psychiatrists said, Mr. Sweeney was sane when he killed Mr. Lowenstein. And by
that standard, had he shot Mr. Lowenstein after 1984, Mr. Sweeney would have probably been
found guilty of murder, sentenced to life in prison and would still be behind bars.
Even for those found not guilty by reason of insanity, the notoriety of
a crime itself--irrespective of a patient's recovery from mental illness--often governs
the length of confinement in mental hospitals. If Mr. Sweeney had shot someone who was not
famous, he probably would have won a conditional release from Middletown Psychiatric
Center several years earlier, according to researchers who study forensic law. "These
people tend to silt up in the system," said Henry Steadman, a sociologist who worked
for the New York State Office of Mental Health for 17 years and whose specialty is
assessing the risk of releasing mental patients. "They have committed heinous
offenses, the public is afraid of them and prosecutors are reluctant to release them. The
political valence in these cases significantly impedes the practice of good
psychiatry."
The determination that a once homicidal patient no longer suffers from
a dangerous mental illness is an art, not a science, and mental health experts agree that
it is subject to error. "Predicting a harmful event such as violence is very much
like predicting harmful weather--estimates rather than guarantees are all that can be
expected," said John Monahan, a psychologist and professor of law at the University
of Virginia who specializes in risk assessment. That Mr. Sweeney is an excellent
risk, as judged by mental health professionals, is of little comfort to Mr. Lowenstein's
survivors. His widow and his children say they are afraid of Mr. Sweeney, as do two of his
own former friends. Court records show that Mr. Sweeney had told friends about his ability
to pull the wool over the eyes of psychiatrists. Asked if Mr. Sweeney might now be
covering up his violent delusions, two risk assessment experts said it was highly
unlikely. They said that psychiatrists tend to err on the side of caution. But they said
no one, except Mr. Sweeney, could be absolutely certain.
A Life Unravels: Before the Voices, Idealism and Courage
Until it was ruined by the voices in his head, the life of Dennis Sweeney had
been shaped by idealism and by his own considerable courage. He grew up in Portland,
Oregon, the only son of working-class parents who separated when he was an infant. His
father, a military pilot, was later killed in Korea. Dennis grew up bookish, athletic and
handsome. He won a scholarship to Stanford University. At Stanford he met the charismatic
Mr. Lowenstein and became one of his disciples. When his mentor asked him to go to
Mississippi in 1963 and join the civil rights movement, Mr. Sweeney went. For most of the
next three years, he devoted his life to the movement. While he was working in McComb,
Mississippi, his house was dynamited. Mr. Sweeney made a name for himself as thoughtful,
effective and quietly fearless, according to "Dreams Die Hard," a book about Mr.
Sweeney and Mr. Lowenstein by David Harris, a friend of both men.
In 1964, the book said, he came to share the feelings of black
activists in Mississippi who felt patronized by white Northern liberals like Mr.
Lowenstein. The idealistic student turned against his loquacious mentor. The break was
given a nudge when Mr. Sweeney, according to an account he later told several friends, was
asked by Mr. Lowenstein to share his bed. It was an invitation offered to a number of Mr.
Lowenstein's male acolytes, according to a friend of Mr. Lowenstein, Mr. Harris's book and
other published reports, but friends say Mr. Sweeney found it especially disturbing.
As the civil rights movement gave way, for white liberals, to protests
against the Vietnam War, Mr. Sweeney's life came undone. A marriage failed. His friends
said he took a lot of LSD. According to prosecutors in New York and Mr. Harris's book, Mr.
Sweeney helped to burn an ROTC clubhouse at Stanford in February 1968, and was questioned
about it, but never charged, by the FBI. In the 1970's, after he dropped out of college
and lost touch with most of his friends, Mr. Sweeney began telling people about an
electrode planted in his head. He gouged out his bridge work. He declined voluntary
psychiatric treatment in Oregon. He assaulted a former friend in Boston. He confronted Mr.
Lowenstein about the voices. Finally, after the death of his stepfather, for which in his
delusional state he blamed Mr. Lowenstein, he applied for a permit to buy a handgun. He
bought the gun in New London, Connecticut and drove his pickup through a rainstorm to keep
an appointment with Mr. Lowenstein in Manhattan.
A Rapid Diagnosis: Spitting Out the Devil Into a Plastic Cup
After Mr. Sweeney was arrested and taken to jail on Rikers Island,
psychiatrists had no trouble with a diagnosis. He kept trying to "spit out the
devil" into a plastic foam cup. Mr. Lowenstein was not really dead, he claimed, and
was still out to get him. Persecutory delusions are classic symptoms of paranoid
schizophrenia. Anyone with his diagnosis would today be treated with a mix of powerful
psychotropic medications, psychiatrists say. What puts Mr. Sweeney "outside the
curve" of standard treatment said Dr. Robert H. Berger, director of forensic
psychiatry at Bellevue Hospital Center, is that for almost two decades his recovery had
been without drugs.
Since 1985, his recovery has been so seemingly free of the usual
symptoms of schizophrenia that examining psychiatrists, including Dr. Berger, have
questioned whether he was misdiagnosed. They wondered if he might have had some other
mental disorder. In the end though, two generations of doctors have concluded that
everything in his history fits the pattern of schizophrenia. The chronic disease is a
gradually deteriorating onset of auditory hallucinations and psychosis. Still poorly
understood, it is attributed to genetic vulnerability, brain chemistry imbalance and life
stresses, sometimes including the effects of drugs like LSD.
Hundreds of studies of patients with schizophrenia have reported
recovery rates ranging from 10 percent to 50 percent, with or without medication. The
National Institute of Mental Health, however, now says no more than 20 percent of
schizophrenics ever fully recover. The capacity to calmly obtain a gun permit and make an
appointment for murder does not square with popular notions of insanity, but psychiatrists
say it does fit the profile of paranoid schizophrenics. They typically appear far more
normal than other psychotics because, outside of delusions, most of their thinking remains
intact. To protect themselves from perceived enemies, they are adept at deception.
Deception had been a recurrent concern in Mr. Sweeney's case. By 1985,
his treating psychiatrists said he showed no signs of illness. Describing him as
"alert, intelligent, friendly, respectful and cooperative," they wanted to
transfer him from a maximum-security hospital to a nonsecure one. In court hearings the
following year, however, evidence emerged that Mr. Sweeney was lying to his doctors. He
confided to Charles Hinkle, an old friend from Oregon, that to win his release he falsely
said he no longer heard voices. By then, court records show, Mr. Hinkle was afraid of his
friend. When Mr. Sweeney found out in 1986 that Mr. Hinkle had told prosecutors about the
voices, he angrily broke off their friendship. Ten years latter, Mr. Hinkle told a
psychiatrist involved in the case that he hoped Mr. Sweeney would never be allowed back in
Oregon. When Mr. Sweeney learned about this, he wrote Mr. Hinkle a furious letter, calling
the statement "disgustingly shrewish." Mr. Hinkle, a lawyer in Portland for the
American Civil Liberties Union, declined to comment.
Psychiatrists who specialize in murder consider Mr. Sweeney's case
particularly rare. "I would have to say that his is the only case that I have
personally examined where I believe there had been a spontaneous remission from
schizophrenia without medication," said Dr. Dietz, who says he has examined thousands
of murderers. He advised the court in 1993 that Mr. Sweeney would most likely be ready for
release within a year. Immediately after the doctor gave his recommendation, however, he
pulled aside Mr. Lowenstein's widow, a psychiatric social worker, and gave her a private
warning that he routinely imparts to families of victims: No good can come of any contact
between your family and Mr. Sweeney.
A Troubling Encounter: Her Father's Killer Offers an Explanation
Kate Lowenstein was 9 when Mr. Sweeney killed her father, but family friends
say she was determined to attend a hearing this year on Mr. Sweeney's release. It was a
way, somehow, to represent her father's life. In the courtroom during a recess, Mr.
Sweeney looked her straight in the eye and walked over. Mr. Sweeney was "fairly
certain" he recognized the young woman in the last row, he later told the court. Ms.
Lowenstein was astonished that he knew her. At most, he had seen her once before, when she
was a toddler and he was deep in his delusions. He would tell the court that he "just
felt like it was one of those situations where the silence was unbearable and I wanted to
say something." No one else in the courtroom was watching. He started by offering an
apology, according to court records.
"Do you know what you did to me? Ms. Lowenstein asked in reply. He
said that he did not. "You broke my heart," she told him. Leaning closer, he
tried to explain why he had done it. She seemed frozen by distress by the time lawyers ran
over to her. Outside the courtroom door, she broke down. The words of Mr. Sweeney's
explanation, as she wrote them down, were: "The only reason I did what I did was to
stop something terrible from happening. You can't understand that, but I had to do it. I
had to stop it."
Prosecutors have repeatedly delayed Mr. Sweeney's release, turning up
information overlooked by his changing cast of therapists. "It's not a question of
whether we worked hard to keep him in," said Ralph Fabrizio, a prosecutor. "We
tried hard to see what was going on." They fought to retain Mr. Sweeney's fictional
inpatient status at Middletown Psychiatric Center, Mr. Fabrizio said, because legally it
made it easier to reel him back in, if he tried, for example, to contact members of the
Lowenstein family. Prosecutors say they want a tight enough leash on Mr. Sweeney to keep
him from slipping through what they call a gap in the law. Once he is granted conditional
release, he cannot be recommitted just for breaking conditions imposed by the court. A
judge would have to rule that he was dangerously mentally ill.
There is, though, an alternative--a petition for involuntary civil
commitment. In practice, officials at Middletown Psychiatric said, this option, which
requires the signatures of two psychiatrists, is routinely used to bring in patients on
conditional release who are judged to be regressing. To the prosecutors, the courtroom
encounter with Ms. Lowenstein was a disturbing illustration of Mr. Sweeney's poor
judgment, if not his skewed thinking. They wanted to get it on the record. But when Mr.
Fabrizio told Ms. Lowenstein he might have to call her as a witness, "she just turned
ashen," he said. They both knew what the psychiatrist had told her mother.
The Cusp of Freedom: Weaving a New Web of Life and Love
In Middletown, it took Mr. Sweeney eight years to convince psychiatrists at a
maximum security mental hospital that he was a good risk for transfer to a nonsecure
facility. It took three more years for him to convince officials at Middletown Psychiatric
Center that he was a good risk for unescorted furloughs. Since then, Mr. Sweeney had had
to convince people in a semirural community of 50,000 that he is not dangerous. It has not
been easy. Publicity cost Mr. Sweeney his first job, counseling mentally disabled adults
at an agency called Crystal Run Village, when a reporter told administrators that he was
writing a story about a psychotic murderer working with vulnerable people. "The
handwriting was on the wall and people were running for cover," said Mark Lukens,
then executive director at the agency. "We told Dennis about the story and he
resigned."
Mr. Sweeney started over, working as secretary, lumber store clerk and
carpenter. It took him six years to land a job he really wanted, as an employment
counselor. Meanwhile, he joined a church and told its members about his illness and the
murder. When the same newspaper, the Times Herald-Record, in a 1994 article about the
local hospital, mentioned him in passing as a "notorious patient," Mr. Sweeney
complained in a letter to the editor. "It has not been my experience that people I
have met over the past two and half years bear me hostility or begrudge me a life, as long
as I do not represent a potential danger to the community or anyone in it," he wrote.
He went on to accuse the newspaper of trying to sabotage his chances for work or
friendship. Since then, Mr. Sweeney had been mentioned twice in the paper for his work
with Habitat for Humanity.
Several psychiatrists familiar with Mr. Sweeney's life said that the
best insurance that he will not slip back into dangerous mental illness is the web of
work, home and love that he appears to have woven for himself in Middletown. Even
psychiatrists who do not find Mr. Sweeney to be a charming person--and there are
several--say his release is sound on medical grounds. "He is an obsessive-compulsive
man who is very intellectualized, not a warm, mushy, caring person," said Dr. Alan J.
Tuckman, one of the examining psychiatrists who recommended release. "But that's not
the standard. If somebody is going to have recurrent schizophrenic episodes, they are not
going to occur every 20 years." As part of his conditional release, the precise terms
of which are still being argued in court, officials at Middletown Psychiatric Center say
Mr. Sweeney will continue in psychotherapy and will be visited at home at least twice a
year. He has been ordered to stay away from the Lowenstein family and from two former
friends who fear him, Mr. Hinkle and the man he assaulted in Massachusetts. |