Victim info in newspaper regarding dangerous gang fight and arrest.

[marlnails]

What is the name of your state (only U.S. law)? NY

Hello, My son (19) was involved as a victim in a string of violence attacks by reputed MS-13 gang members. Said gang members were arrested. Issue is that the press of two separate newspapers listed them by name and listed my son not by name but given the location of the fight, age and the victim didnt recieve medical attention, they will view him as a rat. Also in article they listed my son as having mental health issues. Info was released by a rep of the D.A.

History of concern is the fact he is currently living on the streets as I have a open case against him for domestic Violence that stems from him being off medical treatment for bipolar disorder, currently trying to have case moved to mental health court but so far not successful.

What can I do about he leak of the info that was printed in newspaper as his safety is an issue as of now.
What can be done and how do I go about this legally for the media, D.A office for leaking the info out etc. This WILL put his safety in risk.
http://www.silive.com/northshore/index.ssf/2011/01/nypd_arrests_5_in_attack_on_a.html

 

[justalayman]

what info did they leak? They listed the names of those arrested. Typical. They said what they were arrested for. Typical. They said where the crime took place; typical They said there was a victim. They did not release the victim's name.

First, I don't see any information that is not included in every new report.

Second, everything mentioned above, and more, can be obtained from the police records by anybody that asks.

 

[marlnails]

What about the fact that they listed the victim with mental health issues? Is a cop or the D.A. spokesperson allowed to say a person has "mental health issues"? If based on records, that will. be a HIPAA violation. If based on personal opinion, s/he's not qualified.
The victim has no clue this is released as he didn't consent. And as his mother regardless of my personal issues with him. Its more protecting his rights having a mental health disability (bi-polar) and who is going to protect him from the retaliation from the gang. He is living in a shelter cause he refuses to take his meds and is hard to manage without medical help.

 

[Proserpina]

What about the fact that they listed the victim with mental health issues? Is a cop or the D.A. spokesperson allowed to say a person has "mental health issues"? If based on records, that will. be a HIPAA violation. If based on personal opinion, s/he's not qualified.
The victim has no clue this is released as he didn't consent. And as his mother regardless of my personal issues with him. Its more protecting his rights having a mental health disability (bi-polar) and who is going to protect him from the retaliation from the gang. He is living in a shelter cause he refuses to take his meds and is hard to manage without medical help.

Nope. This is NOT a HIPAA violation.

HIPAA would not apply to a third party releasing information in this situation.

 

[cbg]

So he DOES have mental health issues? In that case, what difference does it make whether somone is "qualified" to diagnose him or not? What was stated is simply the truth.

 

[marlnails]

As his mother and with actual documentation yes he does but the courts don't have that info on record as they didn't subpoena any info documenting it nor are the pursuing the case as such. I was trying to have my personal case against him moved to mental health court as he refuses to get treatment and he is violent and suicidal without it. But thats another issue.

 

[justalayman]

so, just how do you think they got the information? Maybe from your son when they interviewed him maybe?

 

[marlnails]

My son actively denies he has any issues regarding mental health. Me on the other hand has discussed said mental health disorder with only the prosecutor that is handling my case against him. The case is proceeding to trial as of yesterday. As I am trying to have his case moved to mental health court as thats the only way he can get treatment against his will. He is violent without treatment and everything available for preventive treatment has to be willing. trying to follow kendras law.

Kendra's Law

New York State has enacted legislation that provides for court-ordered assisted outpatient treatment (AOT) for certain people with mental illness who, in view of their treatment history and present circumstances, are unlikely to survive safely in the community without supervision.

What is the process to obtain AOT for someone?

The first step is ensuring that the subject of the petition meets the eligibility criteria for AOT. A physician appointed by the director of community services must evaluate the subject, develop a treatment plan which will be proposed to the court as part of the AOT petition package. The physician must be willing and able to testify in court to his/her clinical determination regarding the subject and his/her need for AOT.

A petition for AOT must be filed in the county court or supreme court in the county where the subject is present. Authorized petitioners for AOT include:

* any person 18 years of age or older with whom the subject resides;
* the parent, spouse, adult sibling, or adult child of the subject;
* the director of a hospital in which the subject is hospitalized;
* the director of any public or charitable organization, agency or home providing mental health services to the subject or in whose institution the subject resides;
* a qualified psychiatrist who is either supervising the treatment of or treating the subject for a mental illness;
* a licensed psychologist or a licensed social worker who is treating the subject of a mental illness;
* the director of community services, or his or her designee, or the social services official of the city or county in which the subject is present;
* a parole or probation officer assigned to supervise the subject.

He meets the criteria with all of my documentation I have and can provide, but the criminal court prosecutor doesn't want to start this.

The situation with the newspaper is a separate issue then the one where said mental health issues were discussed. Different case. He was beaten and the situation was brought to the attention of the D.A when he showed up to court yesterday as I was told by the prosecutor handling my case what happened. BTW the incident happened on tues 1/11 and the court talk with prosecutor was wed 1/12 the articles was in thurs 1/13. Case wasn't heard that was between me and him as it was pushed to a new date. The gang issue happened separately the night before his court date for me against him.

 

[Perky]

With the numerous court cases you've written about on this site, it's hard to believe that your son's mental health was ONLY discussed with one prosecutor. Didn't it come up in the defense of your criminal case or your family court case? It seems probable to me that a whole slew of people know about it.

 

[CreativeBlock]

It seems probable to me that a whole slew of people know about it.

OP, the symptoms of Bipolar Disorder are typically very, very obvious.And considering that you're speaking of professionals that often deal with the mentally ill, I think the existence of a mental disorder would be obvious to them.

Perhaps not correctly diagnose the particular disorder, but spot that there is the existence of a mental disorder? Yes.

Unless they were derogatory in their description (and believe me, as a psychologist, I've heard every derogatory term in the book, as it were), they were simply giving a concise description based on their experience. Saying that he is "mentally ill" or has "mental health issues" is not derogatory.

Bipolar Disorder is not easy to deal with. You have my sympathies.

 

[needabreak1]

Marnails-hoping for your advice

Sorry to have no advice for your unfortunate situation. I have a daughter with bipolar 1 who is soon to be 18. We've been walking on eggshells around her for years because she is similar to your son in many ways. She hasn't been home or to school in three weeks (staying at Bipolar dad's apt), and I am trying to weigh my options...but all agencies involved have been useless in helping. Do I/Can I do whats best for my family and try to get her out of the house permenantly, or do I do whats best for her and try to take her rights away, so I can force her to take meds, but sentence my family to her daily behaviors (which I'm thinking you can imagine)?
Hope your situation works out for the best, and any direction you can share is appreciated. I'm in NY as well.

 

[csi7]

The person is not identified.
The mental health issues are important to have on record and will help get the medical treatment needed.
The kids already know who was present, who was not, and their communication is much faster than any news media presentation.
The communication between the kids will be what catches the guilty ones as well.

 

[Zigner]

I find it interesting that the OP complains about the information being published...and then posts a link to it!

 

[marlnails]

there is a follow up story that was published in the news.

There was a follow up story in the newspaper that listed his full name and the fact that he is the victim of said gang members of MS-13. If you aren't familiar with the gangs reputation, google it as they were featured on the show gangland. The fact that he is homeless and mentally ill are putting his safety in jeopardy. What do I do?