Summary of Damien's Mental Health History

[primitivefuture]

The only people who are being duped are the nons! You'll see. There's more evidence out there that hasn't been made public - and it's pretty compelling! I can be patient, and I'll try not to say "I told you so" when it comes out.

you've said this in the past on many occasions, but this time it sounded like you have specific knowledge of the new evidence. Do you know something specific that we don't, or was I reading too much into your enthusiasm? I'm beyond curious.


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[Compassionate Reader]

Let's just say that I have a very strong feeling that we've only seen the tip of the iceberg as to exculpatory evidence.

 

[NCSleuth]

Just one minor point of clarification. Damien, Jason and Jessie are not on probation. They do not have a probation officer. They do not have to periodically "check in" with someone in the ADC (although the ADC could check on them, if they wished, but since their lives are so "public" it's kind of unnecessary). They received a ten-year suspended imposition of sentence. That is not probation or parole. Additionally, as has been pointed out before, once those ten years are up, unless Arkansas is still in the Stone Age, the crime goes away - no record, etc. Now, if these three young men are truly the murderers some are professing they are, how can the State of Arkansas justify this situation? The simplest answer is often the truth. The State knows that Damien, Jason and Jessie are innocent and were extremely glad to accept Alford pleas that allowed them to save face and money in this case.

For further clarification:

Here is the Arkansas law discussing SIS. This site discusses sentencing in Arkansas. Finally, this site, which is general in nature but discusses Arkansas in particular, supports my statement that the conviction will be erased once the SIS term is over. It includes the following interesting information:

It's important to note that "suspended imposition of sentence" is a term used by some states -- Arkansas, Alaska, South Dakota and Missouri to name a few. Other states may have similar programs that attempt to reduce the impact of convictions on offenders' future economic fortunes. In many cases, these programs are available for drug offenders as "diversion" programs. In other states, these programs may be known as "set-asides." In states that do not have specific processes to set aside a conviction prior to completion of probation, convicts may seek a sealing order that closes a record to the public.

Although I could be wrong, the way I'm understand this information is that, after the SIS term is over, the conviction is wiped off - "set aside," if you will, and the former convict is free, totally and unconditionally.

You forgot part of the sentence.
" sentenced them to 18 years and 78 days, the amount of time they had served, and also levied a suspended sentence of 10 years"
A conviction for murder doesn't just go away.

 

[UdbCrzy2]

The only people who are being duped are the nons! You'll see. There's more evidence out there that hasn't been made public - and it's pretty compelling! I can be patient, and I'll try not to say "I told you so" when it comes out.

Well, if that doesn't work out for you, you can always get behind Debra Milke, she claims she is innocent too and she has a new trial coming up.
http://www.websleuths.com/forums/showthread.php?t=202114&highlight=milke

here is the other thread for Milke http://www.websleuths.com/forums/showthread.php?t=202180&highlight=milke

or Darlie Routier, people are supporters of her also a death row inmate
[ame="http://www.websleuths.com/forums/forumdisplay.php?f=51"]Darlie Routier - Websleuths Crime Sleuthing Community[/ame]

 

[Ausgirl]

^ Is any of this necessary to this discussion?

 

[MissJ]

Sorry, I'm not a shrink. We only have mental health documents that were submitted by his defense team. If there is one that has a diagnosis on it that was submitted by anyone qualified, then please bring it forth. I don't have that document.


As far as the goth and satanic thing, if you look at my previous post you will see where this came from - him and his family. The truth is that his family was scared to death of him and for good cause.

Thanks for your informative posts. DE's mental health history is a fact. Most diagnoses are made by observation and self (pt) reporting along with any information supplied by next of kin, etc. It has nothing to do with the Goth thing! I still dress mostly in black.

 

[reedus23]

That's a pretty good story with a lot of fantasy. I don't think they are going to 'wipe off' a triple 1st degree murder conviction from someone's record. I know you are just wishful thinking and I don't know if it's possible, but that doesn't sound right to me. I got a kick out of that one.

Again, I have not looked up Arkansas law specifically. All I can do is explain how a SIS works where I am at and yes, if you serve your time "clean" it is "wiped off" your record to use your term, as if it never happened in the first place. Typically, with a SIS, once served cleanly, a criminal background check, for example, will show no guilty plea or conviction. From a legal point of view, it is as if there was never a guilty plea or conviction in the first place. Again, I haven't looked into Arkansas law, so it may differ, but dismissing it as wishful thinking, is the lazy response with all due respect.

 

[reedus23]

You forgot part of the sentence.
" sentenced them to 18 years and 78 days, the amount of time they had served, and also levied a suspended sentence of 10 years"
A conviction for murder doesn't just go away.

As always, I will start with the disclaimer that I do not know if Arkansas handles an SIS differently. Where I'm at, here's the basics of an SIS. An SIS is NOT a final judgment. That is how it can be "wiped off" if the time is served clean. In other words, do the time clean and then the Court will essentially "dismiss" the charges so that there are no convictions or guilty pleas. Many times, when the Court enters such a sentence, they will also enter what the "sentence" is if those terms are violated. It is not unusual to see a Court even say if the terms are violated, the defendant will be sentenced to time served plus "x" years. In other words, if there is a violation, a whole new trial isn't needed just for purposes of determining what the punishment will be. Time served is often included because the time that has been served has to be included some where.

I will admit, the wording of the sentence is somewhat confusing and a reason I had asked early on if anyone was more familiar with Arkansas law. Bottom line though, is you can't have 2 different outcomes for one charge. It's either a suspended sentence upon the plea of guilty or it's not. A straight guilty plea would be a final judgment as opposed to a SIS which is not a final judgment. One is appealable(final judgment), the other is not. So IMO either they received a SIS or they didn't and if they did, then after 10 years, that "guilty plea" does not exist and is deemed to have never existed. Having said that, obviously LE will see it had been entered and if they were to be arrested for murder after 20 years, they'd be able to see that an SIS had been entered on a murder charge previously.

Final note. It is strange for an SIS to be used on such serious charges. Wonder if that was part of what was negotiated in working out the plea deal, given Jason's hesitancy and desire to "clear" his name. Maybe the compromise was, agree to the Alford Plea and in exchange, we'll make it an SIS, so your name will be cleared after 10 years. Dunno. Just a thought.

 

[reedus23]

^ Is any of this necessary to this discussion?

You're right Ausgirl and I apologize for hijacking the thread by responding before getting to your point.

Back on point. I am curious, are the claims about Damien documented anywhere besides the medical records? For example, setting the school on fire, are there any police reports? I'm trying to differentiate between talk (like the great dane supposed incident) versus things that are documented to have occurred. I might have asked before, but are there any police reports for any of these incidents such as setting the school on fire? Surely there would be if it happened.

 

[reedus23]

Thanks for your informative posts. DE's mental health history is a fact. Most diagnoses are made by observation and self (pt) reporting along with any information supplied by next of kin, etc. It has nothing to do with the Goth thing! I still dress mostly in black.

What was the diagnosis? TIA

 

[missy_g]

If he was so crazy, how could he stand trial?

 

[Cappuccino]

And if he was so crazy, how could he be eligible for the death penalty?

Oh wait....isn't that the whole point of E500 in the first place? Wasn't it a defense document put together with the deliberate motive of making Damien out to be as crazy as possible for the penalty phase of the trial?

 

[UdbCrzy2]

And if he was so crazy, how could he be eligible for the death penalty?

Oh wait....isn't that the whole point of E500 in the first place? Wasn't it a defense document put together with the deliberate motive of making Damien out to be as crazy as possible for the penalty phase of the trial?

I think they wanted the jurors to have sympathy on him just like Jodi Arias and others we've seen trials of. And just like Jodi, he has the same clinical diagnois - psychotic disorder - not otherwise specified. I think that means that he has a personalty disorder just like Missy said earlier, such as a sociopath.

Guess what? You can't help those with any amount of medication. That's just how they are.

Here is one of the documents http://callahan.8k.com/images/500/4/437.jpg

Another here http://callahan.8k.com/images/500/3/370.jpg

But, there are a whole bunch more here and a huge post a couple of pages back with guidelines to find such documents.
http://callahan.8k.com/wm3/img/exh500.html

Could this be where the ideas of 'satanic panic' came from: Echols himself no doubt

http://callahan.8k.com/images/500/3/375.jpg

 

[kyleb]

If he was so crazy, how could he stand trial?

And if he was so crazy, how could he be eligible for the death penalty?

Well if you all want to talk in such vague terms, best I've been able to tell Echols has never been any more crazy that many other people who've been tried and sentenced to death. Ted Bundy, Charles Manson, and Richard Ramirez being three notable examples.

Wasn't it a defense document put together with the deliberate motive of making Damien out to be as crazy as possible for the penalty phase of the trial?

I've seen no evidence to suggest Exhibit 500 is anything other than an accurate portrayal of Echols' mental heath history, and I certainly wouldn't accuse the people responsible for compiling that documentation of the motives you ascribe to them without evidence of such.

 

[reedus23]

psychotic disorder - not otherwise specified

Thanks and apologies for my laziness in not looking it up. So, I'm no specialist in this area and maybe one that is can chime in, but this means it could have been something or it could have been nothing at all, more information is needed. Regardless, it wasn't serious enough or clear enough or however you want to say it to classify it into a specific type of disorder.

 

[kyleb]

Another here http://callahan.8k.com/images/500/3/370.jpg

Also from that document regarding Echols:

JUDGMENT AND INSIGHT: He exhibits extremely poor judgement and has absolutely no insight into his illness.

And the same goes for those who make up meanings of diagnoses to explain away Echols' mental illness.

 

[reedus23]

Also from that document regarding Echols:


And the same goes for those who make up meanings of diagnoses to explain away Echols' mental illness.

What is the meaning of that diagnosis then?

 

[primitivefuture]

What is the meaning of that diagnosis then?

"Psychotic disorder NOS – Not Otherwise Specified- is a mental illness which does not fall under any specific mental illness (because it lacks specific illness' traits) and does not have a specific way of diagnosis."

http://www.psychoticdisorder.org/

Which sounds like the gist of your previous post, right?


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[kyleb]

Here's another line from that page you quoted from which provides a better understanding on what the diagnosis means:

Psychosis is a mental illness which cause people to change personality, behaviour and have mental malfunctions- especially loss of sense of reality-. Psychotic disorders, hence, are those that affect cognitive functions; altering personality and behaviour.

And of there's plenty of other good information on that page among many other sources which provide further insight into the reality of history Echols' mental illness, but of course it's all utterly useless to those who prefer to play make-believe.

 

[UdbCrzy2]

Perhaps you missed Dr. George Woods affidavit about Damien Echol's mental health. Dr. Woods states that Damien is bipolar, schizophrenic, and has a history of substance abuse.

From Dr. Wood's affidavit:
Mr. Echols has been evaluated on three separate occasions by three different psychologists, each of whom administered a battery of tests. A prominent feature of each evaluation was the Minnesota Multiphasic Personality Inventory (MMPI), which was administered on June 8, 1992; September 2, 1992; and February 20, 1994. The independent test results were quite consistent; all revealed valid profiles and strong indications of depression, mania, severe anxiety, delusions and psychosis.

Test results for the June 8, 1992, MMPI reflected elevations on scores of psychotic thinking, including hallucinations, paranoid ideation, and delusions, as well as severe anxiety and other related emotional disturbances. The suggested diagnoses were schizophrenia, disorganized type; and bipolar disorder, manic. Individual responses on this test revealed that Mr. Echols was afraid of losing his mind, had bizarre thoughts, and had very peculiar experiences. Three months later, on September 2, 1992, a second MMPI was administered. The test results very closely paralleled the findings of the earlier MMPI. Shortly before Mr. Echols’ trial began in 1994, he was administered the MMPI a third time for the purpose of identifying mitigating evidence. Like the other two, this MMPI revealed psychotic thought processes consistent with schizophrenia. Specific indicators of a thought disorder included mental confusion, persecutory ideas, acute anxiety, and depressed suicidal ideation.

I have also consulted with Karen B. Froming, Ph.D., a board certified neuropsychologist who administered a battery of neuropsychological tests to Mr. Echols to determine whether Mr. Echols suffers from brain damage or deficits that would affect his medical or psychological status. The results of this battery - which are consistent with all three MMPI’s - suggest that Mr. Echols suffers from a severe long term mood disorder (Manic Depression) that affects his perception, judgment and behavior.
http://callahan.8k.com/wm3/gwoods.html



Here are the violence statistics for which you were looking:

The MacArthur Violence Risk Assessment Study found that 18% of people with a psychiatric disorder committed at least one act of violence in a year. It found that 31% of people who had both a substance abuse disorder and a psychiatric disorder committed at least one act of violence in a year.

(An additional study found this)Rates of violence in schizophrenics compared:
5.1% in control group without a mental health disorder
8.5% in schizophrenics without a substance abuse disorder
27.6% in schizophrenics with a substance abuse disorder
Percentage of people convicted of at least one violent crime, 1973–2006
Source: Fazel S, et al. Journal of the American Medical Association. May 20, 2009.

Rates of violence in people with bipolar disorder compared:
3.4% in control group without a mental health disorder
4.9% in bipolar individuals without a substance abuse disorder
21.3% in bipolar individuals with a substance abuse disorder
Percentage of people convicted of at least one violent crime, 1973–2004
Source: Fazel S, et al. Archives of General Psychiatry. September 2010.
http://www.health.harvard.edu/newsle...s-and-violence

Damien admitted that he abused numerous substances.

A previous post from Pensfan is above and she is a psych nurse and found the documents for the diagnosis being Dr. Woods states that Damien is bipolar, schizophrenic, and has a history of substance abuse.

I hope that helps some of you.




Here is Dr. Moneypenny testimony
http://callahan.8k.com/wm3/ebtrial/jmoneypenny.html

Q: If one of the factors in his -- is it your opinion that he's got some type of personality disorder and are there some factors that play in this determination?

A: Yes, I'd call this probably a -- he's kind of in a transition period. Not because of an age. We have different diagnoses for children and adolescents and adults and the adolescent name or disturbance, I'd probably call an identity disturbance. It's a disturbance in one sense of who I am, and what I am going to do, and what is the world about.
As an adult I would call this personality disorder and see -- included features from a disorder called a borderline personality disorder which is perhaps an unfortunate choice of words. It doesn't mean it's on the border of anything. It's just a -- it might be better to label it unstable personality and characteristics of this disorder are deep -- deep-seated changes in mood, being okay one time and then getting just extremely down, markedly changed feelings about whether or not he feels close in relationships and an inability to feel close or to get close and to maintain the closeness. In fact one of the things we say these people have -- ambivalence or mixed feelings about being close. They may want to, but when they get close they get so scared and they do something to pull back, and they do something to push the other person away, or they may pull away.
And then also, some instability in behavior. You know, they're not able to consistently hold a job. They have some problems consistently doing anything with regards to school, relationships, work and so on.
The other traits that we considered disordered -- the disordered personality characteristics have to do with what we call antisocial personality traits and these would have to do with his ideas that relate to his rage and anger at the world, and being so -- so angry.