Government can't forcibly medicate man accused of making threats against Obama, judge rules
A man affiliated with the militia movement who was arrested on an ammunition charge last year after he was accused of making threats against President Obama, can't be forcibly medicated by the government, a judge has ruled.
John Maurice Stephenson, 64, of Hillsdale, who is awaiting trial on a charge of being a felon in possession of ammunition, suffers from a delusional disorder, federal court records show. The government is seeking to restore him to competency.
It's unclear whether federal prosecutors will appeal the decision by U.S. Magistrate Judge Hugh W. Brenneman, Jr. that prohibits the government from injecting Stephenson with anti-psychotic medication.
In a 22-page opinion released Tuesday, Brenneman wrote that the government has not shown that "its singular interest in rendering defendant competent to stand trial outweighs Stephenson's liberty interest in not being forcibly injected with psychotropic medications and possibly suffering the risks attendant to those drugs."
Stephenson was arrested in July 2010 after federal agents said they found ammunition in his home. He was prohibited from having ammunition because of his role in the 1994 killing of William Gleason, who was a body guard for militia leader Mark Koernke of Webster Township.
Stephenson initially caught the attention of FBI and U.S. Secret Service agents after he was accused of making violent threats against the sheriff in Hillsdale County, President Obama and the U.S. government. Agents interviewed him in April 2010 about those threats and remarks he made indicating his association with members of the Hutaree militia group, court records show. Investigators interviewed him again in June 2010, three days in advance of Obama's visit to Kalamazoo, to determine whether he posed a threat, documents say. He was arrested roughly a month later.
Stephenson is currently being held at the Federal Medical Center in Butner, NC, said his attorney, Assistant Federal Defender David Kaczor.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
Tru2Blu76
Sat, Jan 21, 2012 : 6:02 p.m.
The logic of this court decision breaks down quickly and completely! How can a person proven to be psychotic and dangerous HAVE the right to continue to be a danger (potentially) to the entire nation??!! Anyone doubting my statement needs only to look back at what Lee Harvey Oswald did to us all. If a psychotic is proven dangerous to any one other person: they automatically leave the protection of the Constitution. Saying that Stephenson can effectively continue to be a threat is also saying we are doomed to continual threat from this kind of person. And there's a REMEDY which the court puts out of reach of anyone! We are DOOMED by this idiocy! I can't begin to express my disgust at judges who literally "make stuff up" when it comes to doing their jobs. U.S. Magistrate Judge Hugh W. Brenneman, Jr. - is incompetent and should be removed from his office ASAP. All of his cases should be reviewed and he should be subject to prosecution based on what may turn out to be multiple examples of (horribly mangled) decisions like this.
Ricebrnr
Sat, Sep 24, 2011 : 5:05 p.m.
Ok but aren't the meds a vaccine against craziness? If so now we can mandate it right?
C. S. Gass
Mon, Aug 29, 2011 : 8:55 p.m.
This is typical of our government's stupidity. He doesn't want to take his meds, fine, then he sits in a lockdown medical facility until he does want medication. THEN, they put him on trial. If that's ten years from now, OK! You're not going to 'fix' this kind of crazy. And that's not a poke at militias, I don't like Obama, or most of the government, at all, either, but threatening people, any people, is just stupid and childish. With these kind of lunatics the BEST you can hope for is to keep them off the street as long as possible. That is, in effect, what this guy is offering. I'd look at it as a gift.
Tru2Blu76
Sat, Jan 21, 2012 : 6:13 p.m.
One quibble though: the cost of keeping someone confined and under treatment must be considerable. Multiplied by who knows how many other dangerous psychotics can't be a small sum. I vote for lethal injection.
Tru2Blu76
Sat, Jan 21, 2012 : 6:03 p.m.
I admire that you admit you don't like Pres. Obama but STILL INSIST ON SANITY. Good job!
BhavanaJagat
Sat, Aug 27, 2011 : 4:43 p.m.
I will not be surprised if this individual remains confined at a mental institution until he fully recovers from his delusional disorder. He may refuse drug therapy at this stage of his illness. As the condition may not improve without therapy, and as it progresses further, the individual may attempt to harm himself. At that point, a Judge may order medication against his will to protect his safety and well-being. The individual may now desire to delay his trial but may not succeed to defeat the illness that is driving his thought disorder.
RJA
Sat, Aug 27, 2011 : 3:45 a.m.
I'm completly OVER this debate!
xmo
Fri, Aug 26, 2011 : 8:09 p.m.
I know a lot of people who suffer from "delusional disorder" for example the First Tuesday of November 2008. A lot of people voted for "Hope & Change" I would say that they were suffering from "delusional disorder". But the still walk the streets!
Tru2Blu76
Sat, Jan 21, 2012 : 6:15 p.m.
Oh please: just look at the Corporate Owned Alternative. At least Obama has to hide who he's working for. The Republicans are proud of who owns them.
Ed Kimball
Sat, Aug 27, 2011 : 7:30 p.m.
Nearly as many voted for McCain-Palin. Now that's REAL delusional disorder! Yet they are still walking the streets -- and posting to this site!!
Chris 8 - YPSI PRIDE
Fri, Aug 26, 2011 : 6:26 p.m.
"Investigators interviewed him again in June 2010, three days in advance of Obama's visit to Kalamazoo, to determine whether he posed a threat, documents say. He was arrested roughly a month later." What took them a month? Meanwhile the Prez visited Kalamazoo while he was still free? Something stinks to high heavans about this case. The US Government and all of the different layers below right down to town hall really need to get their priorities in order. Example: I watched a sidewalk slowly come to life along Washtenaw Ave that is about to be completed, Just in time for the season where no one will be using it anyway. Best part is when using it to get to the shops you will be going downhill, with a purse or wallet. Coming back you will be carrying everything you bought uphill ??????? Meanwhile the roadway running along of side it is full of cracks and holes which will have much heavier use in the coming months with the students back in town.
Tru2Blu76
Sat, Jan 21, 2012 : 6:23 p.m.
Well Chris, it looks like you're running for both Sidewalk Superintendent and federal magistrate. I wouldn't recommend you try for weather forecaster though: a couple of one-day freezes which caused nearly 200 road accidents seems to be a good recommendation for that new sidewalk alternative. I do agree: this particular magistrate needs to have HIS head examined. (And then he should be banned from any judgeship.)
Forever27
Fri, Aug 26, 2011 : 6:02 p.m.
Step 1: claim insanity defense Step 2: refuse treatment Step 3: avoid responsibility for your criminal actions