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DerailAmnesty.com 11-24-2010 01:21 PM

The Quality Of Your Holiday Season ...
 
... will probably be at least a couple cuts above Nativo Lopez's.


Pro-immigration activist and recalled former Santa Ana schools trustee Nativo Lopez was told by a judge Monday that he's going back to jail if he doesn't follow through with an order to see a prosecution psychiatrist. Lopez is facing eight voter fraud charges related to changing his voting address from his Santa Ana home to the Boyle Heights office of Hermandad Mexicana Latinoamericana, a groups he leads, in 2008. He is alleged to have voted in L.A. County despite still living in Orange County.

Since being charged in June 2009, he has been jailed twice, and repeatedly conflicted with the court over concerns with his mental health. A previous hearing had been delayed until Monday because Lopez had been uncooperative with the pyschiatrist and was given another, according to district attorney spokeswoman Jane Robison. But by Monday, he still hadn't seen psychiatrist, said Assistant District Attorney Juliet Schmidt.
"The judge is giving him one last chance to be interviewed him or she will remand him into custody next time because as a condition of bail, he has to obey the court's orders," Schmidt said.

The next court date is January 12. The judge in the case is Patricia Schnegg, the assistant presiding judge who becomes presiding judge Jan. 1

Ayatollahgondola 11-24-2010 01:42 PM

I think the guy is a rat and a racist, as well as a jackass, but I don't like the idea of forced psychiatric exams as a precondition to justice. If a man doesn't want to submit to a psych, he shouldn't be forced to, nor should it be required as a condition to bail. If they think he is too mentaly deficient to stand trial, then put him through the conservatorship process before they try him.
I don't think anyone would pass a psych exam IF..the criterea is set by psychology majors. Then, you have to answer the box saying whether you were ever under a psychiatrist care for the rest of your damn life
Whether he is or isn't mentally ill is not the issue. The issue is whether the court can impose such a condition of bail, because once it works for Lopez, it will work for any of us.

DerailAmnesty.com 11-24-2010 06:29 PM

I disagree. Given his conduct, it is absolutely necessary for the court to determine whether or not he is fit to stand trial. If he doesn't understand the nature and consequences of the proceedings against him or is incapable of providing assistance to his attorney, you can't prosecute him. The only way to figure out what is what is to stick him in front of a mental health expert.

Ayatollahgondola 11-24-2010 08:02 PM

But the precondition is for bail. If they think he's incompetent, then charge him as such. But bail is set to insure a person charged with a crime is going to return for trial, or no bail for those who are a threat to the community. So if he's a threat to the community, they should hold him, and if they are afraid he will flee, post high bail or hold him again, but don't demand he submit to some personal review if they haven't brought some sort of conservatorship action first.

Twoller 11-25-2010 02:03 PM

What is supposed to be evidence of this guy's lack of mental health? This could be a prelude to some kind of scam. He could go out again at some point and commit some crime and walk away from prison on technicalities regarding competance. Whether or not he submits to a psychiatric exam, this would be something to anticipate. Maybe he is winding things up for a politically motivated crime spree.

Recall the role that immigration is playing these days in the medical community. Mental health and its practitioners are a part of the medical community. We are seeing a lot of immigrants in the medical community, but not so much in the prison industry.

I'd like to know where the issue of this guy's mental health first came up.

DerailAmnesty.com 11-25-2010 02:06 PM

Davi, they don't know if he's incompetent; that's why they have to get him examined by the shrink.

A defendant isn't "charged" with being incompetent. It's a status or condition, if found to be present, that will interrupt the prosecution. It's not a criminal law violation or offense.

Lawyers are not mental health experts. We can guess and be pretty sure, but the judge's, prosecutor's and defense attorney's opinions in this case are lay opinions regarding emotional and/or psychological problems.

I've been in this situation twice. I believed my clients were mentally unfit to stand trial. The court is not going to take a lawyer's word for it based upon observations, anymore than a judge can make that determination (without the input of an expert). Maldonado should be checked out by at least two doctors (they commonly disagree in determining competency).

He's been released (I assume on bond) b/c (with the bond in place) they deem him to be not dangerous to the public and unlikely to flee the jurisdiction. However, if he won't do what is necessary to move the matter along (go see the doctor) then they can guarantee he'll see him if he's taken into custody. Making a doctor visit a condition of his release is completely justified in this matter.

ilbegone 11-26-2010 06:29 AM

Who is the shrink, what are his qualifications and how does he handle his biases?

There are shrinks who themselves have mental problems and / or commit criminal acts. Some take advantage of their patients vulnerabilities and trust, which may include child molestation and "sex therapy" as well as wallet plundering.

If there is anyone who believes a shrink has the patient's best interests at heart, he should make an appointment and try this: about three minutes before the therapeutic session ends the patient pours out the anguish tormenting his soul and watch how distressed the practitioner will get about going into unpaid time.


I believe Lopez is mentally unbalanced, but to what degree?

And just think, there are perhaps thousands of "Latino activists" who haven't been compelled to appear before the bench who are just as nuts.

DerailAmnesty.com 11-26-2010 01:32 PM

Quote:

Originally Posted by ilbegone (Post 13316)
Who is the shrink, what are his qualifications and how does he handle his biases?

There are shrinks who themselves have mental problems and / or commit criminal acts. Some take advantage of their patients vulnerabilities and trust, which may include child molestation and "sex therapy" as well as wallet plundering.


And b/c there are some dishonest or unscrupulous people in that profession, we should allow people w/o training to decide who is mentally unfit and who isn't?

There are also financial fund managers who steal what is supposed to be invested for people approaching retirement. Should we, therefore, only permit people with no financial expertise or experience handling money, to head mutual funds and pension plans?

I've seen TV reports where garage mechanics perform "repairs" for imaginary or non-existent problems with cars they've been paid to fix -- and charge the customers accordingly. Does that mean I shouldn't take my automobiles to a garage where certified mechanics work?

Ayatollahgondola 11-26-2010 04:49 PM

Quote:

Originally Posted by DerailAmnesty.com (Post 13327)
And b/c there are some dishonest or unscrupulous people in that profession, we should allow people w/o training to decide who is mentally unfit and who isn't?

No, but if the quality of the courts appointed psychs is anything like the quality of their appointed counsel.........

Twoller 11-26-2010 05:10 PM

Apparently Nativo's stalling tactics are what prompted the mental health hearing. He refused to identify himself or identify any kind of defense.

http://www.opposingviews.com/i/mapa-...mpetency-court

Quote:

MAPA Prez Nativo Lopez: Trial or Mental Competency Court?

Opinion by Denise A Justin

(August 10, 2010) in Society / Animal Rights


Nativo Lopez, Mexican American Political Association (MAPA) National President, appeared on August 6, 2010, in Los Angeles Superior Court Dept. 123, for a hearing regarding his mental competency to stand trial, based upon the opinions of two court-appointed psychiatrists.

Judge Patricia Schnegg had ordered the examinations to establish (1) whether Lopez is capable of understanding the nature of the charges against him and (2) capable of cooperating with counsel during a trial on eight felony charges related to voter fraud. http://www.opposingviews.com/i/nativ...nd-jury-jailed Lopez, represented by Public Defender John Powers, refused to identify himself, as he has done repeatedly at prior hearings.

Judge Schnegg informed him that the report by one of the psychiatrists had not been received, and she would grant him the option of agreeing to re-examination by the same doctor, with the requirement that he provide valid identification at that time.

As Lopez defiantly launched into his well-memorized tirade on “conditional acceptance,” the Judge advised him that his failure to agree could result in the court immediately ordering him to a state mental facility, based on the one psychiatrist’s determination that he is mentally incompetent. That jogged Nativo’s memory sufficiently to agree to the second appointment. Judge Schnegg set the next hearing for September 20, 2010, in Dept. 123.

A handful of supporters appeared in court and after the hearing surrounded Lopez in the hallway, where he described in Spanish with great clarity what had just occurred. It appeared that his competency to understand the proceedings were unimpaired at this particular time, as he eagerly answered questions and elucidated on details.

Nativo Lopez was previously sent to Dept. 95, Mental Competency Court, where he was found by the examining psychiatrist to be mentally competent after spending one night in jail for refusing to identify himself to Judge Maria Stratton. In this second determination, the prosecution and defense were each allowed to select one psychiatrist to examine him. Should the doctors differ in their findings, the standard resolution would be for the judge to hold a hearing and make the final determination.

Lopez has been the center of many public controversies and investigations. Among the most notable were claims that he misused funds granted by the CA Department of Education for English classes for immigrant students. As a result, he was recalled from the Santa Ana School Board by an overwhelming 71% of the mainly Latino voters of the district.

http://www.opposingviews.com/i/nativ...speak-for-mapa and-mexican-americans

Nativo’s current legal problems result from allegations that he registered to vote from the Boyle Heights office address of his Hermandad Mexicana Latinoamericana organization while still living in Orange County, allegedly to serve on the Board of the Green Party.

Lopez’s activities have also included advocacy for cockfighting, which he contends is a Mexican cultural tradition and an intrinsic part of the Latino economy. http://www.opposingviews.com/i/cockf...gitimate-sport


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