OPINION:
U.S. District Court Judge Paul Friedman, a well-respected jurist, recently granted would-be assassin John Hinckley’s request to leave St. Elizabeth’s Hospital, where he has lived since 1982, and to move in with his 90-year old mother in Williamsburg, Virginia, where he had been allowed short supervised visits over the years. In his 103-page opinion summarizing the hearing that included testimony by Hinckley’s treatment team, independent experts, and the government regarding the conditions to be imposed for his “full-time convalescent leave,” Judge Friedman concluded “by a preponderance of the evidence that Mr. Hinckley presents no danger to himself or others in the reasonable future” if he abides by the 34 conditions of his release in the judge’s 14-page order.
Upon hearing the news of Hinckley’s release, former Secret Service Agent Timothy McCarthy, who was wounded during the attempted assassination of President Reagan along with Press Secretary James Brady (who succumbed to his wounds) and D.C. policeman Thomas Delahanty, remarked, “I hope they’re right about it.” Unfortunately, the conditions for Hinckley’s release gives one pause as to whether his release will not be without incident, as has occurred three other times during his visits to Williamsburg when Hinckley deviated from his itinerary.
At the outset, it should be noted that the standard of proof used by the court to assess dangerousness — “preponderance of the evidence” — is the lowest level of proof in the law, essentially meaning that there is a 51 percent level of probability that the finding is correct. That level of probability is essentially a coin-toss. One would hope that a higher “clear and convincing” standard were used. Moreover, there seem to be inconsistencies between Hinckley’s court-ordered treatment and those found in the opinion. For example, Judge Friedman wrote in his opinion that Hinckley is to see his case manager and clinical social worker, Jonathan Weiss “once per week,” yet in his accompanying order, that condition was halved to “not less than twice per month.”
While he resides in Williamsburg, Hinckley will be seen regularly by his Williamsburg treatment team, travel monthly unaccompanied to Washington, D.C., for psychotherapy sessions, participate in monthly music therapy sessions, engage in volunteer or paid employment for three days a week, complete a daily log of his activities, and comply with other conditions of his release.
What is disconcerting, however, is Hinckley’s access to the internet, unlimited use of any telephone, and his travel privileges, all without effective monitoring. As for internet usage, Dr. Katherine Murphy, forensic psychologist, testified that Hinckley’s internet restrictions be lifted and that “it might be even be therapeutic to allow [Hinckley] to visit sites … concerning President Reagan, presidential assassination, violence, and even pornography.” Judge Friedman wisely balked at that disturbing recommendation, ruling that while Hinckley may have unlimited internet access, at least for the first six months, he should not access sites “relating to Mr. Hinckley’s crimes or his victims, weapons, or hardcore pornography.”
Apparently, sites concerning violence and other presidential assassinations are okay, even during this highly-charged presidential campaign. As for monitoring his internet usage, Judge Friedman regrettably will not require the installation of monitoring or tracking software on his mother’s computer or “limit which computers Mr. Hinckley may access,” presumably including those at a public library or internet cafe. Rather, his treatment team may review the internet history on the computers Hinckley uses, relying on Hinckley not to “tamper or erase any browser’s internet history.”
Hinckley, who still “minimizes” his narcissism, is not allowed to use social media, such as Twitter and Facebook, and not upload “any content at all, including [his] music or photographs … even anonymously” without the unanimous authorization of his treatment team. Hinckley is apparently free, however, to permit others to upload his music, pictures, or post selfies they may take with him.
As for his travel privileges, Hinckley will be allowed to travel unaccompanied within 30 miles of Williamsburg anytime (he has no curfew) and to his monthly sessions in Washington, DC. Instead of wearing an ankle bracelet or attaching a GPS tracking device to the vehicle he uses as the government requested, Hinckley is only required to carry a GPS-enabled cellphone whenever he leaves his mother’s house, a condition that could be easily circumvented by simply leaving his cellphone at home with no one the wiser.
Judge Friedman observed that with the greater freedom and flexibility Hinckley will now enjoy, his treatment team “must trust that Mr. Hinckley is being open, honest, and not deceptive in his self-reporting.” But one way to ensure his compliance with his conditions for release is to administer periodic polygraph examinations regarding his activities; affix an ankle bracelet and attach a GPS tracking device to his mother’s vehicle; and install tracking and monitoring software on the computers and phones he uses. In short, to borrow the phrase made famous by the president he almost assassinated, “Trust, but Verify.”
• Paul Kamenar, a Washington lawyer, represented Secret Service Agent Timothy McCarthy in a civil suit against John Hinckley and his Colorado psychiatrist, and deposed Mr. Hinckley and his father.
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