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Appealing a Felony (sexual) that is years old

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pikaru99

Junior Member
Appealing a sexual offense misdemeanor that is years old

What is the name of your state? CA

An acquaintance of mine is diagnosed with Schizoaffective disorder, bi-polar type. Which means he has both schizophrenia and bi-polar disorder. He didn't realize this years ago, though, and thus his life slowy unraveled. He became homeless, and sought refuge in drugs and alcohol.

Several years ago, while homeless and under the influence of drugs, he was urinating in an alley near a corner. Two mothers who lived on the corner, with a couple of their young children walked by at the time. He followed them to the front of their homes. He just stood there, in a drunken stupor with his schlong hanging out. Without minimizing what he did, he did not touch anyone.

He was arrested, and charged with:
1) 647.6(a) ANNOY/MOLEST CHILDREN
2) m314.1 INDECENT EXPOSURE

He has no recollection of this incident, and only knows what happened based on what his parole officer informed him.

I work in the mental health field. I know people who have committed FAR worse (murder etc.) and who were declared not guilty by reason of insanity. There is no doubt in my mind that this man should have been declared legally insane at the time (especially considering his current diagnosis- which I have confirmed), and I know what medications this guy is taking (anti-psychotics).

Yet, despite not even having a conscious recollection of this event (he was 39 years old at the time), and having no prior record regarding sexual offenses, he has this sexual offense on his record, has to register as a sex offender for the rest of his life.

I believe this judgment was simply, and obviously wrong.

Is there anything he can do to change his situation? (i.e. appeal this old judgment etc.)
 
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Zephyr

Senior Member
I believe there is usually an time limit that appeals must be filed within- if this was several years ago he most likely has missed the deadline
 

CdwJava

Senior Member
And just HOW would they prove that AT THE TIME OF THE INCIDENT (all those years ago) he was suffering from a psychotic episode?

Sorry, I believe he's out of luck now. The time for this passed a long time ago ... like, after his conviction.

- Carl
 

pikaru99

Junior Member
Appealing older conviction

Thanks for the replies, but I notice none of you have stated whether you are criminal law attorneys. I'm hoping for someone to reply with some background and experience practicing criminal law.

BTW: To the best of my recollection he tested positive for high levels of both alcohol and drugs at the time of the arrest. I haven't seen the police report, but I'm going to imagine the officer must have commented something to the effect that the man was incoherent. Second, he has schizophrenia, which is not like a flu. It's a chronic condition that is managed by medications only. You don't go "in and out." You tend to be delusional and out of it, unless you're on medications, which he was not at the time. He had been in and out of mental health hospitals before and after this incident. He is currently in a mental institution as I write this.

I am hoping there is some kind of exception for the time period of appeal under certain specific circumstances.
 

Zephyr

Senior Member
pikaru99 said:
Thanks for the replies, but I notice none of you have stated whether you are criminal law attorneys. I'm hoping for someone to reply with some background and experience practicing criminal law.

BTW: To the best of my recollection he tested positive for high levels of both alcohol and drugs at the time of the arrest. I haven't seen the police report, but I'm going to imagine the officer must have commented something to the effect that the man was incoherent. Second, he has schizophrenia, which is not like a flu. It's a chronic condition that is managed by medications only. You don't go "in and out." You tend to be delusional and out of it, unless you're on medications, which he was not at the time. He had been in and out of mental health hospitals before and after this incident. He is currently in a mental institution as I write this.

I am hoping there is some kind of exception for the time period of appeal under certain specific circumstances.

however schizoprenia starts with the person being normal and they gradually get worse, where was he on the timeline- then

and java I believe is a police officer in CA so I would imagine his advice to be rather accurate when it comes to CA law
 

seniorjudge

Senior Member
pikaru99 said:
...Thanks for the replies, but I notice none of you have stated whether you are criminal law attorneys. I'm hoping for someone to reply with some background and experience practicing criminal law....
Your hope has been answered: You have no case; failure to appeal means that the person with the right to appeal agrees with the judgment. The time for appeal has long since passed.
 

CdwJava

Senior Member
pikaru99 said:
BTW: To the best of my recollection he tested positive for high levels of both alcohol and drugs at the time of the arrest.
That would provide an alternative reason for the behavior besides a psychotic episode. In fact, mental health facilities in CA will not even accept intake on subjects who test positive for drugs or alcohol.


I haven't seen the police report, but I'm going to imagine the officer must have commented something to the effect that the man was incoherent.
An effect of the drugs or alcohol, perhaps?


Second, he has schizophrenia, which is not like a flu. It's a chronic condition that is managed by medications only. You don't go "in and out." You tend to be delusional and out of it, unless you're on medications, which he was not at the time.
From a legal standpoint, this is not true. In CA it is an affirmatve defense ... it is an issue for the defense to raise and prove, it is not somethin the prosecution has to DIS-prove.

And even people who suffer from schizophernia can have lucid moments.

As I said, proving that he was having a psychotic episode at the time of his crime is going to be extremely difficult ... especially since it happened long ago and he has already been convicted.


He had been in and out of mental health hospitals before and after this incident. He is currently in a mental institution as I write this.
Then this is no surprise to the defense. Thus the time to raise the issue would have been at trial and not years after the fact. At least, I assume that a year or more has passed.

Since his history was NOT a secret, then his attorney should have raised the question at the time. He can't go back now and try to say, "Oh yeah ... by the way, I forgot to mention it, but he suffers from Schizophrenia and he was psychotic at the time."


I am hoping there is some kind of exception for the time period of appeal under certain specific circumstances.
My understanding is, no. There are only two circumstances I know of to revisit the issue - and I know these from cases I was involved in and not how they made their way back to court. One is when the court does not permit the defense to raise the issue - the defense eventually won a new trial on appeal ... unfortunately, the jury didn't buy the defense five years after the fact and he received a new sentence that was greater than the original one! The other way I have seen is when MEDICAL information may have caused the behavior (i.e. NEW information was revealed where a tumor or other medical condition definitively caused the behavior).

In this case, if it were going back it would not be a definitive cause for his actions and there would be conflicting opinions. In my opinion winning a new trial based on a mental health issue that is only recently diagnosed is not likely. Especially when his prior history of mental illness was apparently not brought up as a defense the first time.

But, feel free to obtain a professional legal opinion. Contact local counsel.

- Carl
 

pikaru99

Junior Member
Here's a little bit more

Thanks for the replies! The medical condition that was mentioned as a reason to change the conviction sounds interesting.

I got something wrong, by the way. He was originally convicted of a misdemeanor, not a felony (this is what he recently mentioned to me). He got a felony on his record for not showing up to register as a sex offender during a time when he was in a mental hospital.

Schizophrenia develops during pubescence. There theoretically can be moments of lucidity, but very rare without medications. This incident occurred in his late thirties. It is, by the way, his only criminal offense, to the best of my knowledge.

Schizophrenia is about as close to a medical-mental disease as it gets, although it's exact physiological mechanism is still not clear.

He had just been released from a mental institution (a week or so) prior to the offense. He had been in and out of mental hospitals prior to this, and as mentioned, he was returned to a mental hospital after this incident. I don't think it would be hard to prove that this was caused by a medical disorder. His history speaks for itself.

He was represented by a public defender, who in my opinion, did him a great disservice. I am familiar with people with identical mental disorders, who committed MURDER and were given "guilty, but not guilty by reason of insanity" and were remanded to a mental institution for a period of time till they exhibited consistent stability.

I will explore the medical condition suggestion. Anything other suggestions?
 

Shay-Pari'e

Senior Member
pikaru99 said:
Thanks for the replies, but I notice none of you have stated whether you are criminal law attorneys. I'm hoping for someone to reply with some background and experience practicing criminal law.

BTW: To the best of my recollection he tested positive for high levels of both alcohol and drugs at the time of the arrest. I haven't seen the police report, but I'm going to imagine the officer must have commented something to the effect that the man was incoherent. Second, he has schizophrenia, which is not like a flu. It's a chronic condition that is managed by medications only. You don't go "in and out." You tend to be delusional and out of it, unless you're on medications, which he was not at the time. He had been in and out of mental health hospitals before and after this incident. He is currently in a mental institution as I write this.

I am hoping there is some kind of exception for the time period of appeal under certain specific circumstances.
What are you looking for in all of this? For him to be found not guilty? For him to become a productive member of society? I don't think that is going to happen. I'm glad you care so much about your friend, but apparently, you did not think of the innocent kids that had to view it.
 

pikaru99

Junior Member
Knee Jerk Reaction to "Sex Offender" issue

Think a little, and don't be so self-righteous. Your comment sounds like a typical knee jerk response to someone branded by the label "sex offender," and totally expected. Because one is able to be concerned about justice regarding an individual who's mental illness interfered with his ability to comprehend and control his own behavior, doesn't mean one doesn't care about "the children."

If society is able to forgive mentally ill individuals for MURDER I think we can seek justice for a man who (in this case) never actually touched a kid.

This man, tried for many years to live a decent life, but was overwhelmed by the undertow of mental illness. I see this man as inherently good.

My intent is to seek justice. Period. Any help in this regard is appreciated.
 

Heather2

Member
Carl or somebody correct me if I'm wrong but it is my understanding that you can only use not guilty by reason of insanity for murder cases.

He should have used his condition as a way to get a better plea bargin when he was initially sentenced. Now it is too late.
 

CdwJava

Senior Member
Heather2 said:
Carl or somebody correct me if I'm wrong but it is my understanding that you can only use not guilty by reason of insanity for murder cases.

He should have used his condition as a way to get a better plea bargin when he was initially sentenced. Now it is too late.
It depends on state law, but insanity can can be used in CA murder cases.

However, you are correct in that this issue should have been raised at trial. Raising it several years later is not going to make the matter go away nor is it likely to be grounds for appeal. It might be an effective tool to seek a pardon, but only an experienced attorney and some expert testimony is likely to have the desired result ... and a lot of money.

As has been said before, since the defense would have to show that the suspect was suffering from a psychotic episode at the moment of the offense, it will be impossible to make that argument now. But, for enough money, I am sure an attorney would be willing to give it a go.

- Carl
 

Kane

Member
Insanity's very difficult to prove, and jurors tend to be hostile to it.

Here in TX we had a case where a mom drowned her children, because God told her to. Then she picked up the phone and called the police.

She wasn't crazy enough for the jury.

In TX the standard is "doesn't know right from wrong," which is more than just schizophrenic. I don't know the standard in CA, but I'm sure it's more than just having a diagnosis.
 

pikaru99

Junior Member
Thanks for replies, I'm still interested if there are any more...

Thanks for all of your replies. If there are any more thoughts on this, I'm still interested.

It would appear so far, based on the above comments, that it would be critical to be able to document his mental status at the time of his offense. The police report may document this. If he was in fact incoherent, and/or psychotic this would be of material value.

If this fact has been documented, then two options: If his medical condition was not raised in court at the time, this might be grounds to pursue a reversal.

The other, a pardon, -if an experienced attorney is willing to take his case.

FYI trivia regarding some comments above: (1) Hospitals will in fact do an intake, even if the person does have alcohol or drugs in their system. They cannot refuse solely based on this, and will be held legally liable if they do and the person harms self. (2) I happen to know that not guilty by reason of insanity is a plea one can submit for all sorts of malfeasance, not just murder (Arson, robbery, assault...).
 

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