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News & ArtsMonday, November 30, 2009
Crime Kalebu and Clemmons: Both Found Competent by Western State, Both Released Pending Trial, Both Suspected of Murder
Posted by Eli Sanders on Mon, Nov 30, 2009 at 9:11 AM
If Maurice Clemmons is ultimately caught and charged with the murder of four Lakewood police officers, this will stand out as a key moment leading up to the crime:
Prosecutors in Pierce County recently had requested a mental evaluation for Clemmons at Western State Hospital. On Nov. 6, a psychologist concluded that Clemmons was competent to stand trial on the child-rape and other felony charges, according to court records... He was released from custody one week ago.
It reminds me of the story of Isaiah Kalebu, the accused South Park killer whose case I wrote about earlier this year. In broad strokes: Kalebu was found competent to stand trial by Western State Hospital, then released pending the trial (at which he was to face charges of threatening to kill his mother), and then, less than a week later, allegedly killed Teresa Butz after raping her and her partner in South Park.
There are significant differences between the two cases. But they mainly involve that fact that Clemmons had a much longer criminal record than Kalebu before he was released pending trial (and that Clemmons had to post bail in order to be released while Kalebu did not).
Still, in both cases one looks at the behavior that the two men allegedly exhibited well before they were released—Kalebu said he was president of the United States but had recently resigned, Clemmons believed President Obama would come to Washington to "confirm that he is Messiah in the flesh"—and wonders: competent?
3
comoetent or not, who cares?
with such a long recrod of felonies and arrests he shouldn't be let out on bail at all, esp. not because he could scrape up $15K in about ten mintues to pay a "felons R us" bail bond company that fronts the $150K.
The whole thing is a fraud. You think you're setting bail at $150K and some bail bond company only requires $15K. Wow.
The fundamental problem is we don't even know the name of this judge, the reporters don't even tell us, it's like we're not allowed to criticize him or her.
all the shitty crappy judges in this state are effectively unaccountable, because nobody brings up their crappy decisions when they run for reelection.
It's a biog social taboo; and the lawyers who deal with them are afraid to criticize them in public. they have to face the same judge again on the same case or other cases.
And there's also a bit of liberal reticence at work; we're not too comfortable taking anticrime positions.
We gotta be anticrime on crimes of violence as we reverse the stupid drug laws. and we gotta be against judges who let bail be sooooo low on eeeeeezeeeeee credit terms for a super felon with multiple crimes of violence on his or her rap sheet.
ciao baby.
with such a long recrod of felonies and arrests he shouldn't be let out on bail at all, esp. not because he could scrape up $15K in about ten mintues to pay a "felons R us" bail bond company that fronts the $150K.
The whole thing is a fraud. You think you're setting bail at $150K and some bail bond company only requires $15K. Wow.
The fundamental problem is we don't even know the name of this judge, the reporters don't even tell us, it's like we're not allowed to criticize him or her.
all the shitty crappy judges in this state are effectively unaccountable, because nobody brings up their crappy decisions when they run for reelection.
It's a biog social taboo; and the lawyers who deal with them are afraid to criticize them in public. they have to face the same judge again on the same case or other cases.
And there's also a bit of liberal reticence at work; we're not too comfortable taking anticrime positions.
We gotta be anticrime on crimes of violence as we reverse the stupid drug laws. and we gotta be against judges who let bail be sooooo low on eeeeeezeeeeee credit terms for a super felon with multiple crimes of violence on his or her rap sheet.
ciao baby.
4
Saying something like "I'm the messiah..." could well indicate these guys think they can manipulate the system and play people, much like they have in the past.
6
Yes, well, "competent to stand trial" doesn't really mean he's competent in the sense most people would use the word. It simply means he's capable of understanding the charges against him.
8
Eli,
Yeah, I too, thought of Isiah Kalebu when I read Clemmons' recent criminal history. Talk about two guys slipping through the cracks. How, horrible.
Yeah, I too, thought of Isiah Kalebu when I read Clemmons' recent criminal history. Talk about two guys slipping through the cracks. How, horrible.
9
8 Those "cracks" are wide and huge. Your permissive Liberal criminal "justice" "system" is a racket for freeing the guilty.
11
Judge sets bail at $150k, expecting that it can't be met. State law prohibits judges from setting cash only bail, so if someone can convince a bondsman to post a bond, then 10% gets him out (bondsman keeps the 10% and gives the state a bond in teh full amount). State law also lets bondsmen get their bond back in most circumstances, even if the guy doesn't show up. Bondsmen have great lobbyists and the legislature regularly rolls over for them. Someone gave that bondsman $150,000 worth of property to protect the bond (if someone fails to appear for more than 60 days AND the bondsman isn't the one to find and surrender the culprit, then the state can demand payment on the bond; it happens, but rarely; of course, most people show up; and committing a new crime, even 4xhomicide, doesn't forfeit the bond. It's not a performance bond, and judges cannot forfeit bond because defendant commits a new crime). Washington law, unlike federal law, doesn't permit no bail holds except in capital cases. Also, the law requires a judge to presume release on a promise to appear; this is pre-trial and defendant hasn't been convicted of the crime charged, although the judge has found probable cause to detain based upon the police reports. Pretrial detention is inconsistent with the presumption of innocence.
12
The problems at the intersection of the mental health system and the legal system are more serious than just these cases, but these two cases shine a light on major failures.
Many crimes could be prevented if we had an effective system of treating and preventing mental illness. We do not.
We deal with crime only after the fact. Mental health could often be treated before crimes are committed, but it is not dealt with as a budget priority. And involuntary treatment is improperly treated as a law enforcement matter, with the focus on the rights of people who are not competent to determine their own well being; until after a crime is committed.
If the Surgeon General would take up mental health as a significant factor in the prevention and treatment of serious health issues with major social impacts, we could cut the suicide rate, the problems associated with substance abuse, the crime rate including major violent crimes, and also the productivity of non-violent workers in the economy.
Many crimes could be prevented if we had an effective system of treating and preventing mental illness. We do not.
We deal with crime only after the fact. Mental health could often be treated before crimes are committed, but it is not dealt with as a budget priority. And involuntary treatment is improperly treated as a law enforcement matter, with the focus on the rights of people who are not competent to determine their own well being; until after a crime is committed.
If the Surgeon General would take up mental health as a significant factor in the prevention and treatment of serious health issues with major social impacts, we could cut the suicide rate, the problems associated with substance abuse, the crime rate including major violent crimes, and also the productivity of non-violent workers in the economy.
13
I've worked at both Western State and with the court system. First you need to understand that competency only refers to the defendent's ability to 1) understand the nature of the charges against them and 2) assist his attorney with his defense and that any inability to do so is due to a "mental disease or defect." What this means is that the person can be crazy, crazy due to drug use, or an asshole and still competent to stand trial. What's important about his evaluation is the final assessment as to his present danger to self or others, and how the judge ultimately chose to interpret that evaluation when considering releasing him from custody. It is ultimately the court, not the evaluating psychologist or Western State's responsibility for the choice of holding a defendent or releasing them.
14
@12, I could not have said it any better, I often wonder how many tragedies similar to this would have been avoided if we committed a tenth of the resources we commit to law enforcement to mental health programs.
15
12
14
You girls have it backwards.
Can the mental wards and psycho-babble, put some teeth in the capital punishment laws.
14
You girls have it backwards.
Can the mental wards and psycho-babble, put some teeth in the capital punishment laws.
16
@9,
I guess you haven't noticed those two million people in prison right now. Liberal criminal justice system, my ass.
I guess you haven't noticed those two million people in prison right now. Liberal criminal justice system, my ass.
17
16
How many murders, rapists and child abusers are executed every year?
How many of your 2 million get out to murder, rape and molest again?
How many murders, rapists and child abusers are executed every year?
How many of your 2 million get out to murder, rape and molest again?
18
@12- Exactly.
@Bloodthirsty troll- Die in a fire. Capitol punishment has been shown over and over to be NO deterrent. Crime is actually at a very low levels these days, despite executions also being at a very low level. Reality contradicts your assumptions. But keep pushing the "truthiness" of your immoral concept of how reality works, it entertains me.
@Bloodthirsty troll- Die in a fire. Capitol punishment has been shown over and over to be NO deterrent. Crime is actually at a very low levels these days, despite executions also being at a very low level. Reality contradicts your assumptions. But keep pushing the "truthiness" of your immoral concept of how reality works, it entertains me.
22
18
Letting killers go free is very moral.
It lets the system and society become "accessories after the fact".
The blood of the victims cries out for JUSTICE.
Letting killers go free is very moral.
It lets the system and society become "accessories after the fact".
The blood of the victims cries out for JUSTICE.
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