PHA was able to help by contributing some much needed funds towards hiring a new attorney sympathetic to his special issues. His sentencing hearing, scheduled for June 22, 2011, was postponed. However, the judge did not allow a change of attorney.
Here is the latest update, from Mary O'Riordan, PHA Co-President:
I am sending this message to as many people as I can in hopes that everyone who receives it will forward it to others and let the world see what is happening to our vulnerable citizens -- those who are mentally retarded and/or developmentally disabled in other ways, including autism. Malcolm's is just one example -- but shows one mother's anguish. The Regional Centers won't come to the hearings with her, Disability Rights won't return her calls, so she came to us at PHA for assistance. How much can we do for her? Not very much under the present system, but we hope to bring attention to what is happening to her son and try to be supportive and comforting.
Her son is now 33 years old, he has been diagnosed as mentally retarded and autistic since he was 3 years old, has been in special education and special projects throughout his life. He got into an altercation with his boss and quit and sent his boss (what is considered) a threatening letter, which he stuck to his boss' door with bubble gum (how innocent). He later set fire to a napkin in a court room bathroom - no harm done - but the alarms did go off - so now he is considered a terrorist and an arsonist.
He has spent 18 months in Santa Rita jail and now they are planning to send him to San Quentin to "teach him a lesson". His mother found another attorney to represent him to replace the cold-hearted attorney who was assigned to him and now the judge said he is not inclined to change attorneys at this late date. This unfortunate young African American man is a large person - but is very sweet and innocent and his disabilities are obvious. Why are they doing this and how do we stop it?
Again, I would like to point out that this is what is happening as a result of the closure of the developmental centers and all the legislators know about it and the Department of Developmental Services knows it and the regional centers know it, yet they continue on this path. The prisons are now the answer for all vulnerable people - not just mentally ill people anymore, but also the mentally retarded, some of whom are functioning at not more than 4 years old, like Malcolm.
