Save Our State  

Go Back   Save Our State > General Forum (non official Save Our State business) > The Judicial Branch

The Judicial Branch Topics and information of interest to SOS associates in relation to courts, law, and justice

WELCOME BACK!.............NEW EFFORTS AHEAD..........CHECK BACK SOON.........UPDATE YOUR EMAIL FOR NEW NOTIFICATIONS.........
Reply
 
Thread Tools Display Modes
  #1  
Old 11-24-2010, 01:21 PM
DerailAmnesty.com DerailAmnesty.com is offline
"SZinWestLA"
 
Join Date: Oct 2009
Location: SoCal
Posts: 1,003
Default 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
__________________
Reply With Quote
  #2  
Old 11-24-2010, 01:42 PM
Ayatollahgondola's Avatar
Ayatollahgondola Ayatollahgondola is offline
SOS Associate
 
Join Date: Oct 2009
Posts: 3,057
Default

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.
Reply With Quote
  #3  
Old 11-24-2010, 06:29 PM
DerailAmnesty.com DerailAmnesty.com is offline
"SZinWestLA"
 
Join Date: Oct 2009
Location: SoCal
Posts: 1,003
Default

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.
__________________
Reply With Quote
  #4  
Old 11-24-2010, 08:02 PM
Ayatollahgondola's Avatar
Ayatollahgondola Ayatollahgondola is offline
SOS Associate
 
Join Date: Oct 2009
Posts: 3,057
Default

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.
Reply With Quote
  #5  
Old 11-25-2010, 02:03 PM
Twoller Twoller is offline
Senior Member
 
Join Date: Nov 2009
Posts: 1,296
Default

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.
__________________
The United States of America is for citizens only! Everyone else OUT.
Criminalize asking party affilation for voter registration! End the "two party system"!
Reply With Quote
  #6  
Old 11-25-2010, 02:06 PM
DerailAmnesty.com DerailAmnesty.com is offline
"SZinWestLA"
 
Join Date: Oct 2009
Location: SoCal
Posts: 1,003
Default

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.
__________________

Last edited by DerailAmnesty.com; 11-25-2010 at 02:11 PM.
Reply With Quote
  #7  
Old 11-26-2010, 06:29 AM
ilbegone's Avatar
ilbegone ilbegone is offline
Senior Member
 
Join Date: Oct 2009
Posts: 2,068
Default

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.
__________________
Freibier gab's gestern

Hay burros en el maiz

RAP IS TO MUSIC WHAT ETCH-A-SKETCH IS TO ART

Don't drink and post.

"A nickel will get you on the subway, but garlic will get you a seat." - Old New York Yiddish Saying

"You can observe a lot just by watching." Yogi Berra

Old journeyman commenting on young apprentices - "Think about it, these are their old days"

SOMETIMES IT JUST DOESN'T MAKE SENSE.

Never, ever, wear a bright colored shirt to a stand up comedy show.


Last edited by ilbegone; 11-26-2010 at 06:33 AM.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -8. The time now is 02:23 AM.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright SaveOurState ©2009 - 2016 All Rights Reserved