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.
and from Malcolm's mother:
Hello All
After receiving the last Malcolm Update one of my sisters said I seem to send them when I am at my strongest. The truth is I notice I tend to send them just moments before I experience an overwhelming panic over what might come next. For the last three days I have been preparing for another such panic attack.
We were in court a week ago today. Malcolm was to be sentenced Wednesday June 22nd. We had hoped to bring in a new attorney just before sentencing and we hoped the substitution would delay the case long enough for Malcolm to finish his sentence at Santa Rita and avoid transfer to San Quentin. The judge said he was not sure a substitution would be allowed at this late stage of the case and we were postponed until Thursday, June 30th, at 9 a.m.
This morning I visited Malcolm. He said he was reading the book of Matthew and he was in Chapter 28. He then asked me who was this guy Barabbas. The murderer the people chose to accept when Pilate offered to release either the Savior or this murderer. Malcolm wanted to know why did the people choose the murderer. I told him that they did not so much choose the murderer as they rejected the Savior. Malcolm said Barabbas probably killed some more people after they let him go free.
I told Malcolm that when I was a child I used to think if I had been there I would have stopped Jesus from being crucified. I would have rescued him. I always wondered about the people who wanted to kill the Son of the Living God. As I grew up and learned more about the Savior I realized that things had to happen the way they did. Jesus came to earth to show us how to live, how to love, and then he died for our sins and he rose again so that we would have a chance to overcome death and to live with God again someday. The only way for us to go back home was for Jesus to suffer and die for us.
I think about it so much. And I pray that the only way for Malcolm to come home is not by way of San Quentin. We talked again about Jesus asking the Father to take this cup if it is possible. I told Malcolm that Jesus knew it would hurt, it would be hard, and he really rather not do it if there was another way, but if there is no other way then he would do what he was sent to do even though he was afraid. God knew there was no other way but he sent an Angel to comfort Jesus. He has sent many angels to comfort Malcolm. And if it needs be that the only way home is to do what will be hard, and will hurt, and what he (and I) do not want him to do, if the way is through San Quentin then I do not know how we will get through it. But if that is the only way home, then angels will be with him and they will comfort and protect him.
I always get sick to my stomach and feel like throwing up when I think that he might actually go. Whenever I talk to him about it in case it should happen I feel like I am going to pass out. But there are things I have to tell him in case it does happen because if it does happen I need him to know that I will never stop fighting for him until he is home and that even if he cannot see me I am always with him. He is never alone and we have to pray and trust in God that everything will be okay. I had to put the phone down, I felt so dizzy and nauseous this morning talking to him. I just pray and pray it won't happen. Tomorrow in court I guess we will be another step closer to finding out.
But look at my Malcolm reading the scriptures, learning so much, asking questions, making observations on his own, building his own relationship with God and with Jesus Christ, and having his own testimony of the gospel. What a miracle that is.
Continued prayers, please. We feel them and we know they are helping.
Love to you all,
Debora
Debora
Anyone who can contact officials and legislators about this tragic case and very important issue is encouraged to do so as often and as soon as possible.
Malcolm and Debora Darden's home representatives:
Loni Hancock
CA Senator - 9th district
1515 Clay Street, Suite 2202, Oakland, CA 94612
(510) 286-1333
http://dist09.casen.govoffice.com/
Ellen M. Corbett
CA Senator - 10th district
http://dist10.casen.govoffice.com/
Mary Hayashi
CA State Assembly - 18th district
http://www.assembly.ca.gov/acs/makebio.asp?district=18
Bob Wieckowski
CA State Assembly - 20th district
http://asmdc.org/members/a20/
Barbara Lee, U.S. Representative
CA 9th congressional district
http://lee.house.gov/index.html
Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814
Phone: (916) 445-2841
Fax: (916) 558-3160
http://gov.ca.gov/m_contact.php
It is also helpful to send an email c.c. to representatives of SDC as well as your own local Representatives.
Lynn Woolsey, U.S. Representative
CA 6th congressional district
http://woolsey.house.gov/
Mike Thompson, U.S. Representative
CA 1th congressional district
http://mikethompson.house.gov/
Noreen Evans
CA Senator - 2th district
http://sd02.senate.ca.gov/
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