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She said a preliminary hearing was set for March 20. And while she couldn’t predict the outcome, she said she hoped prosecutors wouldn’t “ease up’’ with her client in the interest of avoiding a potential trial.
“We are committed to making sure that justice is done,’’ she said.
Defending a case like Hinckley’s is personal for law professors and criminal defense attorneys who have seen first-hand the impact of mental illness and the need for the mental health system to reevaluate the work it does.
It has long been common for defense attorneys to argue that those found not guilty by reason of insanity should be released. But the circumstances in Hinckley’s case, the prosecution, and the family’s outrage in general have shifted the conversation to the broader availability and use of mental health treatment — especially for people with schizophrenia, the prevalent diagnosis in Hinckley’s case.
Hinckley’s trial attorneys, B.J. Lally and E. Paul Tabler, taught criminal law at Suffolk University Law School for decades. Tabler died in 2012.
In the early years of his career, Tabler said he met him in court on at least a dozen occasions and his client repeatedly refused to take medication prescribed to treat his schizophrenia.
“He just couldn’t understand that you shouldn’t be creating a public disturbance if you are sick,’’ Tabler said.
On the other hand, he said he doesn’t think it was unusual or inappropriate for Hinckley’s attorneys to contact the judge in the 12 years between the time Hinckley was acquitted and his sentencing to urge that he be allowed to live in a halfway house where he would receive treatment.
“I don’t remember any instance where I felt that what they were saying was inappropriate,’’ he said.
In light of what happened in the Hinckley case, Tabler said he sees the need for mental health professionals to take on the burden of delivering treatment — a role currently met by court-appointed experts and state mental health facilities.
Such experts, Tabler said, “need to take on more responsibility.’’