Something's been really bothering me about the Ayres competency trial. I've never made it a secret that I have a degenerative neuro disorder. It's a rare one--Spinocerebellar Ataxia with Seizures--but has similar symptoms as MS, Parkinson's, epilepsy and various dementias. If I were to be put on a witness stand, I'd be slumped in a wheelchair and have to be heavily medicated to not have seizures. I wouldn't be able to handle the noise or movement of the courtroom. The room would need to be dim and no one could move or make sudden noises or movements. There's no way that I could articulate my answers or even be easily understood due to the way I slur my words. I would struggle mightily with short term memory. Questions would have to be posed at least twice, and very slowly. I don't know my address, my phone number or many important recent dates. I've simply forgotten. I struggle with word-finding, constantly using the wrong word or coming up with hilarious malapropisms. I would look like a very sick person completely unable to assist with any defense. Well, I am sick.
That said, look at how I can communicate on WS. Because I've kept up with my typing, researching, sequencing, etc. every single day, I've maintained those skills--but only in writing. I don't engage well in written debate or chit-chat as I can't handle too much input at one time. But leave me alone and give me something concrete to work with and I'll write something quite presentable. My memory SINCE the onset of my illness in June 2004 is sketchy. But ask me about anything which happened prior. For that, I have an almost photographic memory. That is true of all the dementias, from what I've read.
We've all seen modifications made for witnesses to testify if they have disabilities. I believe it's addressed in the ADA. I just started a thread about a young girl who was allowed to have a trained therapy dog at her side as she testified against her rapist. Our own daughter was allowed to answer some questions on the stand by writing her response, rather than answering verbally, as she communicated far better that way. The judge approved it. All sorts of medical, mental health, and emotional issues have been addressed successfully so that people with challenges "get their day in court". Even the accused can be first treated with appropriate medications and then tried.
My point is....why can't modifications be done for Ayres? I don't doubt that the man is in the early stages of dementia. But, I'd give my eye teeth to see some of his recent correspondence or writing. I have a strong suspicion that there IS a way that this man can communicate and assist with his defense. It ticks me off that other "creative" methods have not been tried. His victims deserve the extra effort.
