A criminal defendant can?t be forced to take psychiatric medication unless he or she is considered dangerous, thereby evading conviction for years, forensic specialists say.
“If a defendant is so mentally ill that he doesn?t appreciate his legal situation and can?t assist in his defense, he?s considered incompetent and the court can?t go further in his legal proceedings,” said Dr. Richard Ortega, of the state Mental Hygiene Administration in Jessup that conducts criminal insanity evaluations for the courts. “Presumably, if he?s psychotic, they would administer medications, so he would become competent. But a defendant can refuse medication.”
Refusal of treatment forced Anne Arundel County Circuit Judge Paul Hackner to postpone the trial of Zachary Thomas Neiman, who pleaded not criminally responsible in the July 2006 killing of his mother, Rae Bajus, 53, Anne Arundel State?s Attorney?s Office spokeswoman Kristin Riggin said.
“We can?t do anything but wait six months and hope during that time there?s a [psychiatric] evaluation saying he?s competent to stand trial,” she said.
Neiman is being held for evaluation at Clifton T. Perkins Hospital Center, a maximum security forensic psychiatric hospital in Jessup.
If the hospital staff determines Neiman is a danger to himself or others, Hackner can permit a forced medication hearing, Riggin said.
In a forced medication hearing, an administrative law judge can require the person to take medication, Ortega said.
The murder charge cannot be considered in determining if he?s dangerous, because it?s not been proven in court, said Dr. Neil Blumberg, a Timonium forensic psychiatrist.
If a defendant?s evaluations don?t determine he or she is dangerous, that person could remain incompetent and be admitted to a state mental hospital evading prosecution for years, Ortega said.
