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Park-Goer Acquitted of Indecent Exposure

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Park-Goer Acquitted of Indecent Exposure

San Francisco, CA — A homeless man who was mistaken for a flasher as he attempted to urinate in a Mission District park has been acquitted of indecent exposure, San Francisco Jeff Adachi announced today.

Jurors deliberated one hour Wednesday before finding Miguel Hernandez, 38, not guilty. The misdemeanor charge carried six months in jail and a lifetime registration as a sex offender, said his attorney, Deputy Public Defender JP Visaya.

Hernandez, who had never been arrested before the incident, had recently become homeless after losing his job as a wine buyer, Visaya said. On Aug. 11, he attended church on Mission Street, had lunch, and walked to Franklin Square Park on Bryant and 16th streets—something that had become his Sunday routine.

Hernandez stopped to urinate near a field where a soccer game was underway. As he took out his penis, there was a loud eruption from the soccer field and he turned his head to see who scored.

At the same time, a 29-year-old Daly City woman who was watching her husband play soccer noticed Hernandez’s exposed genitals. She quickly walked away so that her 4-year-old child did not witness the sight, told her husband what happened, and then called a nearby police station. She told police that she believed Hernandez had an erection and that he swung his hips in her direction.

Hernandez, who had not noticed the woman and her child, took his shoes off and sat down to watch the soccer game. Responding officers arrested him for indecent exposure. Despite the numerous people in the park at the time of the incident, police did not interview any potential witnesses, Visaya said.

Hernandez told police during an interview that he decided to relieve his bladder because he believed other park visitors were too immersed in the soccer game to notice. He expressed embarrassment upon learning he had been seen, Visaya said.

During the nearly two day trial, the prosecution called only one witness—the woman who made the complaint. Hernandez also took the stand, insisting he was not aroused and never meant to be seen.

An indecent exposure conviction requires the intention to draw attention to oneself for sexual gratification.

“Mr. Hernandez may have made an unwise decision about where to urinate, but that innocent mistake should not brand him for life as a sex offender who preys upon women and children when it simply isn’t true,” Visaya said.

The case is an example of how an innocent person can be arrested based on the misinterpretation of a single witness, Adachi said.

“Police and prosecutors did not talk to a single independent witness who could corroborate the woman’s version of events,” Adachi said. “Despite being a law-abiding citizen his entire life, Mr. Hernandez spent more than three months in jail. Fortunately, his public defender was able to set him free.”

Court Watchdog Group Names Jeff Adachi ‘Elected Official of the Year’

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Court Watchdog Group Names Jeff Adachi ‘Elected Official of the Year’

San Francisco, CA — For fighting on behalf of justice for the poor, San Francisco Public Defender Jeff Adachi will receive the Elected Official of the Year Award from the Vanguard Court Watch, an organization working against wrongful conviction and wasteful spending.

The award will be presented Saturday, Nov. 9 at the organization’s 3rd annual dinner and awards ceremony, “Restorative Justice and Reforming the Judicial System.”  California Assembly Member Tom Ammiano will also be honored at the event, which will be held from 5-9 p.m. at the Veteran’s Memorial Center in Davis. Fresno County Judge David Gottlieb will be the keynote speaker.

“Each year, San Francisco Public Defender Jeff Adachi and his office host the Justice Summit in San Francisco, bringing together a combination of local leaders and national figures whose work in the legal community and for social justice gets highlighted through speeches and panel presentations,” said David Greenwald, executive director of the People’s Vanguard of Davis and Vanguard Court Watch. “This year marked the 50 year Anniversary of Gideon v. Wainwright, which guarantees the poor and disenfranchised the right to a vigorous public defense.  We honor Public Defender Adachi for his commitment to justice. His office represents a beacon of hope for the indigent – an office dedicated to the fight for indigent defense and justice for all.”

The Vanguard Court Watch, which operates under the auspices of the People’s Vanguard of Davis, monitors the court system for common flaws and policies that might lead to wrongful convictions or lengthy sentences that are not proportionate with the crimes committed and often end up costing the county and taxpayers additional monies. The Vanguard Court Watch of Yolo County puts 8 to 12 interns into the Yolo County Courthouse on a weekly basis to observe, monitor and report on happenings of the Yolo County Court System.

Adachi’s office serves approximately 25,000 people each year who cannot afford private attorneys, fighting for them both inside and outside the courtroom. The office’s leading-edge programs include Drug Court, Behavioral Health Court, the Children of Incarcerated Parents program and a full service juvenile division.

Adachi said he was honored to receive the award during the anniversary of the landmark Gideon decision.

“Fifty years after Americans won the right to counsel in criminal cases, we are still working to fulfill Gideon’s promise of equal justice. I am honored to share with Vanguard Court Watch the common goal of exposing wrongful conviction, which disproportionately affects the poor,” Adachi said.

More information on Saturday’s event information may be found at https://davisvanguard.eventbrite.com/

Man Acquitted of Robbing Elderly Woman

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Man Acquitted of Robbing Elderly Woman

San Francisco, CA — A borderline mentally disabled man charged with robbing an elderly woman in 2011 was acquitted after evidence showed he was confused and manipulated by police investigators’ leading questions, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated one day before reaching their verdict Wednesday, finding German Woods, 56, not guilty of robbery. Woods, who had been jailed since his Aug. 31, 2011 arrest, was released Wednesday night, said his attorney, Deputy Public Defender Megan Burns.

On June 28, 2011, a 74-year-old woman reported that a man followed her into the elevator of her Tenderloin residential hotel, covered her mouth with his hand, and took $50 in cash from her pocket before fleeing.

Two months later, on Aug. 30, Woods showed up at the hotel with the woman’s identification card and Clipper card, telling the desk clerk he had found the items and was hoping he might get a reward from their rightful owner. The clerk took Woods’ name and asked him to return the next day. When Woods returned the following day, the clerk told him to wait.

Woods sat down and waited. He watched as police arrived and spoke with the desk clerk. The hotel manager emerged and pointed at Woods, who was then arrested.

“Mr. Woods was less than 20 feet from the front door but he never tried to run away. He just sat and sat and waited. Those are not the actions of someone who committed a robbery at the same building two months earlier,” Burns said.  Additionally, evidence was introduced during trial that the woman’s identification cards were not taken in the robbery—only her cash.

At the police station, Woods denied robbing the woman.  Investigators then showed him grainy surveillance footage of the man suspected of the crime, telling him the suspect looked like him. Woods, who believed police were showing him footage of his visit to the hotel 24 hours earlier, agreed it was him, noting that he was at the hotel the day before.

During the two week trial, a neuropsychologist testified that Woods has an IQ of 71. Woods’ intellectual functioning is on a third grade level, the expert testified, making him easily led by police into giving the responses he believes they desire.

The jury also had concerns regarding the photographic lineup shown to the victim. While the five other suspects wore similar, serious expressions, Woods was depicted with a broad smile. The woman, who is from rural China and speaks only Toisanese, testified through an interpreter that police gave her a “thumbs up” when she identified Woods.

The woman also appeared to have memory problems, giving testimony that was inconsistent with her previous statements, Burns said.

“Through no fault of the victim’s, her memory of what happened more than two years ago was very spotty,” Burns said.  “It was hard to identify if a robbery happened at all and there was much reason to doubt that Mr. Woods was at fault.”

Adachi said the case highlights the problems with suggestive interrogations.

“There has been considerable research showing that suggestive questioning not only pressures people into giving the answer they believe will please police, but it distorts the memory, leading people to believe their first impressions of an event were wrong,” Adachi said. “Fortunately for Mr. Woods, his public defender was able to untangle fact from fiction.”

SF Public Defender Awarded Federal Grant to Create National Program

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SF Public Defender Awarded Federal Grant to Create National Program

San Francisco, CA — The San Francisco Public Defender’s Office has been awarded a $395,321 grant from the U.S. Department of Justice to create the first locally and nationally applicable checklist system to guide attorneys though critical moments in cases, San Francisco Public Defender Jeff Adachi announced today.

The checklist system is designed to help public defenders across the country ensure competent representation and avoid errors. The grant is among $6.7 million in funding awarded to state and local criminal and civil legal services that serve the poor as part of the Justice Department’s efforts to improve indigent defense.

“Everyone accused of a serious crime has the right to legal representation – even if she or he cannot afford it,” said Attorney General Eric Holder. “In recent years, the Department of Justice has made a commitment to improving the delivery, quality and availability of legal services for everyone in our country, including the very poor.”

While law enforcement agencies regularly receive large federal grants, it is unusual for those who defend the accused to receive such funding, Adachi said. Across the country, underfunded public defender offices struggle to provide adequate training to their attorneys, who work under crushing caseloads. A nationally applicable checklist program is a cost-effective way to safeguard against mistakes, Adachi said.

The grant was one of two awarded nationally as part of the Bureau of Justice Assistance’s Encouraging Innovation awards.

“On the 50th Anniversary of Gideon v. Wainwright, the case that ensured the right to counsel, I am honored to receive the Encouraging Innovation grant,” Adachi said. “The checklist system will ensure that public defenders across the country provide the highest quality representation to their clients.”

The pilot checklist system, which guides public defenders through client interviews, investigations, court procedures, motions, immigration issues, trials and appeals, will be employed in both the San Francisco and Alameda County public defender offices.

Alameda County Public Defender Brendon Woods said the practice will help his office advocate for its clients and improve the delivery of services.

“This simple innovation is very exciting and we are looking forward to using it in our office and promoting its use in other public defender offices,” Woods said. “It is really going to help us as we help our clients navigate an increasingly complex legal system.”

The San Francisco Public Defender is working with the Center on Court Innovation to research and create the local and national checklist system. The system will be adaptable not only to other public defender offices, but to bar associations overseeing private court-appointed attorneys.

“The Center for Court Innovation is proud to partner with the San Francisco Public Defender’s Office on this project in two ways: first, as its research partner to test the impact that the use of checklists has on defenders’ ability to better represent their clients and, second, to create tools that share the checklist development processes originated in San Francisco with the rest of the country,” said Julius Lang, director of technical assistance at the Center for Court Innovation.

 

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Man Acquitted of Abusing His Chihuahua

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Man Acquitted of Abusing His Chihuahua

San Francisco, CA — A homeless man wrongly accused of punching, kicking and throwing his 8-lb Chihuahua against a wall has been cleared of wrongdoing following a jury trial, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated 40 minutes Tuesday afternoon before finding 57-year-old Morris Varian not guilty of one count of misdemeanor animal abuse. He faced a year in jail if convicted, said his attorney, Deputy Public Defender Abigail Rivamonte.

On Feb. 9, 2012, Varian was walking on Mission Street near Third Street carrying his belongings in an open plastic garbage bag. His 2-year-old Chihuahua, Aubrey, perched on top with her head sticking out of the bag. The pair had just moved out of Varian’s brother’s home in Sunnyvale, and it was the dog’s first time in San Francisco.  Aubrey, unfamiliar with a bustling city atmosphere, suddenly jumped from the bag and ran into the street. A panicked Varian caught Aubrey, preventing her from being struck by traffic, and returned her to her perch.

Upon reaching the nearby Yerba Buena Gardens, however, Aubrey leapt from the bag a second time, nearly hitting a wall and falling to the ground. Varian grabbed Aubrey and disciplined her by lightly swatting the scruff of her neck two times.

As Varian attempted to return the dog to her spot in the bag, a nearby man snatched Aubrey from Varian and called police. The man, a 45-year-old restaurateur from Marin County, told responding officers that he saw Varian throw Aubrey against a wall, punch her in the head with a closed fist, slap her repeatedly and try to suffocate her in the plastic bag.

Varian was confused, telling police he loves Aubrey and would never hurt the dog. Aubrey was taken to a local veterinarian and Varian was taken to jail, where he spent 37 days.

The veterinarian who immediately examined Aubrey took the stand during the three day trial, testifying that she found absolutely no injuries that would be consistent with the attack described by the restaurateur.  She testified that after examining the dog, she did not believe it had been abused at all. She found no signs of swelling, bruising, broken bones, fractures or any other injuries the she would expect to result from an 8-lb dog being beaten by a man.

Expert Dr. Benjamin Hart of UC Davis Veterinary School agreed with the local vet’s findings. Hart testified that video captured by a surveillance camera immediately following the incident does not show Aubrey behaving like a dog that was just abused. In the video, Aubrey appears friendly and active, happily soliciting attention from strangers. An abused dog, the expert testified, would be fearful and defensive.

A Yerba Buena security guard and another man both took the stand. The security guard testified that he did not see Aubrey being thrown against the wall, nor did he see Varian punch or slap the dog. The guard testified that he checked the footage from all the cameras around Yerba Buena and did not see any video of Varian abusing his dog.

The other witness also testified that he did not see Varian beating Aubrey or throwing her into a wall. He testified that he saw Varian put Aubrey in the plastic bag, but that the bag was open and her head was free.

Varian’s brother testified that Varian and Aubrey were inseparable and that Varian had never been violent with Aubrey or any other animal. Varian had also cared for his brother’s two dogs in the past, and had treated them gently.

Varian’s brother testified he tried to reclaim Aubrey from the shelter two weeks after the incident and was denied because the case was still open. When the family tried again after another month, they were told Aubrey had been adopted by the restaurateur who called police. On the stand, the restaurateur confirmed he adopted Aubrey.

“Mr. Varian lost his beloved pet and was thrown in jail simply because someone stereotyped him based on his appearance,” Rivamonte said. “He was homeless, and that plastic bag was his dog carrier.  It was no different than carrying a dog in a purse. He was prosecuted based on a wild accusation with absolutely no evidence to support it.”

Adachi called the case “outrageous.”

“By all accounts, Mr. Varian doted on Aubrey and considered her part of his family,” Adachi said. “In an instant, he lost his dog and his freedom. While he cannot reclaim his dog, his public defender was able to clear his name.”

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Jeff Adachi to Receive ‘Access to Justice’ Award

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Jeff Adachi to Receive ‘Access to Justice’ Award

San Francisco, CA — For fighting on behalf of San Francisco’s poorest residents, San Francisco Public Defender Jeff Adachi will receive the Access to Justice Award, to be given by the Lawyers Club of San Francisco at its 66th Annual Supreme Court Luncheon.

The luncheon will be held Oct. 29 at San Francisco’s Fairmont Hotel. The event began in 1948 when the Club’s Board of Governors threw a party to “roast” some friends on the bench. The Lawyers’ Club has since taken this opportunity to honor the bench, legal community leaders, and law students.

Charles S. Birenbaum, past president of the Lawyers Club who currently chairs Greenburg Traurig LLC’s Northern California offices, nominated Adachi.

“Jeff Adachi and I first met as newly minted attorneys in the 1980’s. Over the years he has proven a steadfast representative of poor and impoverished people in need of legal representation in the criminal courts,” Birenbaum said.

Birenbaum stated he nominated Adachi because his “energetic exercise of his responsibilities as San Francisco’s elected public defender since 2002 distinguish him among elected officials.”

“Jeff’s innovative programs and tireless war against underfunding of the public defender’s office have helped tens of thousands of people receive fair treatment by the criminal justice system, including protection of their constitutional rights and expungement of their criminal records. Jeff’s efforts have led to coordination among civic, public, and political leaders to better the treatment of the poor. Jeff and his staff at the public defender’s office epitomize the ‘access to justice’ accomplishments honored by the award,” Birenbaum said.

Adachi’s office serves approximately 25,000 people each year who cannot afford private attorneys, fighting for them both inside and outside the courtroom. The office’s leading-edge programs include Drug Court, Behavioral Health Court, the Children of Incarcerated Parents program and a full service juvenile division.  In 2011, Mr. Adachi exposed to the public numerous instances of police misconduct inside San Francisco’s residential motels. His release of surveillance video showing warrantless searches, brutality and theft by officers resulted in an ongoing FBI investigation, the dissolution of a troubled undercover unit, and nearly a dozen problem police officers being taken off the streets. Mr. Adachi’s efforts were featured in the New York Times, Wall Street Journal, and numerous other media outlets, calling national attention to routine injustice against the poor. He has been previously honored for his work surrounding prisoner reentry and rehabilitation.

Adachi said he will be accepting the award on behalf of his staff–deputy public defenders, social workers, investigators and others who work daily on behalf of equal justice.

“I am extremely honored to receive this award for our efforts to close the gap between justice for the rich and justice for the poor,” Adachi said. “Being honored by the Lawyers Club of San Francisco inspires us to further break down barriers to justice.”

The event begins at 11:30 a.m. with a hosted wine reception in the Fountain Room, followed by a noontime luncheon in the Venetian Room. William M. Treanor, executive vice president and dean of the Law Center, Georgetown University, will be the keynote speaker.

For more information, please visit http://lawyersclub.eventbrite.com

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BART Rider Acquitted of Indecent Exposure

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San Francisco, CA — A man accused of attempting to have sexual relations with a Bay Area Rapid Transit seat was found not guilty of indecent exposure, San Francisco Public Defender Jeff Adachi announced today.

After deliberating just over a day, jurors on Thursday acquitted 28-year-old Leslie Bailey of the felony charge. The jury hung on a second count of indecent exposure, which was dismissed by the district attorney this morning. Bailey was convicted of lewd acts, a misdemeanor, sentenced to time served and released today, said his attorney, Deputy Public Defender Emily Dahm.

Bailey’s troubles began May 8 after boarding the lead car of a Dublin-Pleasanton bound train at San Francisco’s 16th Street Station. The mid-day train was virtually empty and Bailey chose a seat in the front right of the car, abutting the operator’s cab. The BART operator testified that when she looked back to see if it was safe to close the doors, she noticed Bailey on his knees, thrusting his hips against the BART seat.

Bailey, who appeared not to notice the operator, continued to rub against the seat until the train reached the Civic Center Station.  He ran off the train before rushing back on board just before the doors closed. Bailey reportedly returned to the same seat, this time gyrating on his stomach while his feet dangled into the aisle. The operator said Bailey then rolled from his belly to his side and appeared to be masturbating and smoking crack cocaine. She reported the behavior to dispatch, and BART police were alerted.

Bailey exited the train at the next stop, Powell Street Station, and upon noticing the operator, ran to her window, apologized for smoking and begged to get back onto the train. The operator testified that Bailey’s penis was partially exposed beneath his shirt.  The BART operator told Bailey to leave and he complied, Dahm said. Responding BART police arrested Bailey a short time later in the station, finding a crack pipe in his possession.

The two counts of indecent exposure stemmed from the alleged masturbation and allegedly exposing himself to the operator on the BART platform after exiting the train.

During the weeklong trial, Dahm argued that Bailey was not trying to direct public attention to himself, an aspect required to convict someone of indecent exposure.

Bailey’s out-of-the-way seat choice, lack of eye contact or conversation with anyone and efforts to remain hidden from public view all served as evidence that the homeless man did not want others to witness his behavior.

“The law is very clear that indecent exposure requires making an effort to be seen. Mr. Bailey thought he was having a private moment—unfortunately, he picked a really inappropriate place,” Dahm said.

An expert in addiction and pharmacology took the stand, testifying that Bailey had been prescribed anti-psychotic medication that he had not been regularly taking and was binging on cocaine at the time of the incident. High doses of cocaine cause delirium and can make users unaware of their surroundings and misperceive their own behavior, he testified.

Dahm argued that Bailey was unaware his genitals were visible when standing on the platform. BART failed to preserve video from the platform and the train, Dahm said.

Adachi said the verdict allows Bailey to seek help for his mental health issues.

“Mr. Bailey’s actions stemmed from a mental health crisis and not a desire to hurt or scare anyone. Thanks to his public defender, he is now free to address his issues,” he said.

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Motorist Acquitted in Hit and Run of Jaywalker

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San Francisco, CA — A motorist who struck a jaywalker while trying to park on Mission Street was acquitted of hit-and-run after a jury determined he had no knowledge he hit anyone and fled because he believed he was being attacked by a mob, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated less than 30 minutes Wednesday afternoon  before acquitting Nelson Garcia, 29, of misdemeanor hit and run. He faced a year in jail if convicted, said his attorney, Deputy Public Defender Herman Holland.

On the evening of Jan. 27, Garcia and his girlfriend were traveling down Mission Street in Garcia’s Scion when they spotted a parking place. As Garcia backed into the spot, a 39-year-old man darted into the busy street mid-block. Garcia’s back bumper struck the man, who banged on the Scion’s trunk before falling to the ground. Garcia and his girlfriend both testified that they heard the noise but did not see anyone behind the car.

Meanwhile, the man was lying under Garcia’s bumper. As Garcia continued to back up, witnesses rushed to his car and began banging on it in an effort to get him to stop. Garcia, who had experienced harassment and assaults from strangers while growing up in the Mission District, reacted with confusion and panic.

“Mr. Garcia had no idea that he had hit someone and that the people who were angrily banging on his car were trying to help. Because of his past trauma, he truly believed he was under attack,” Holland said.

Garcia drove several blocks to his mother’s house. A witness followed him and called the police, who found him standing outside the home. Both Garcia and his girlfriend told police they were unaware of what they had done to provoke the group who attacked his car. Police arrested Garcia, who spent several days in jail before making bail.

Garcia, his girlfriend, and several witnesses testified during the one-day trial. The pedestrian, who suffered a concussion, also took the stand, admitting his attention was divided between trying to reach his own car across the street and avoiding passing vehicles.

“All of Mr. Garcia’s actions were consistent with someone who did not realize they had hit someone. If someone knowingly hit a pedestrian and then fled, it would not make sense for them to park nearby and stand around in plain sight,” Holland said.

The case was ultimately about fear, Holland argued.

“Fear is not necessarily rational, but that does not make it less real to someone in its grip,” Holland said. “Mr. Garcia believed he was about to become the victim of a crime and he panicked.”

Adachi praised the outcome of the case.

“This was a frightening experience for everyone involved, but it was an accident—not a crime. Fortunately, Mr. Garcia’s public defender was able to show the jury exactly what happened both on the street and in Mr. Garcia’s mind,” he said.

 

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From Mental Illness to Music and a Standing Ovation

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By Lee Romney

LA Times

SAN FRANCISCO — Kim Knoble donned a bright red dress Wednesday and strode with confidence to the front of a room packed with judges, politicians and mental health advocates.

By the time she lowered the bow from her violin, many in the audience were crying. A standing ovation followed.

Knoble, 31, is one of countless people whose lives have been upended by severe mental illness. But she is among the fortunate.

With help from San Francisco’s Behavioral Health Court two years ago, Knoble found herself not in prison — where she was headed after committing a violent crime while off her medications — but instead surrounded by a team of treatment specialists who have helped her thrive.

The poised young woman, whose story was recently featured in The Times, told it in her own words Wednesday to an audience gathered at the St. Francis Yacht Club to celebrate the court’s 10-year anniversary.

First: a promising Marin County childhood, accolades for her musical talents, a seat in the prestigious San Francisco Symphony Youth Orchestra and a full scholarship to UC Irvine. Then: illness, addiction, more than 20 psychiatric hospitalizations and homelessness.

“We thought we had lost her,” Knoble’s older sister, Lisa Wood, said after the event, tears streaming past her smile.

The event offered a closer look at a model that California court officials have urged each county to adopt. A 2010 study examined San Francisco’s program along with three others nationwide and found that although it served the highest proportion of participants with schizophrenia and the greatest percentage who committed crimes against people rather than property, it showed the greatest drop in rearrests compared with control groups — 39% to 7%.

It was founded by San Francisco Superior Court Judge Kay Tsenin, who accepted an award Wednesday evening and spoke of watching the same defendants cycle through her courtroom over and over because of illness. After one young woman released to a group home missed a court hearing, Tsenin learned she had jumped from the Golden Gate Bridge.

“It got me to thinking, ‘What if?’” Tsenin said. “What if we had services that could follow up on these defendants? What if we could even make them better? What if we thought of justice as something other than incarceration?”

Tesnin collaborated with Deputy Public Defender Jennifer Johnson, Assistant Dist. Atty. Cynthia Johns and Kathleen Connolly Lacey, who directs the forensic program for Citywide Case Management. With no funding and little fanfare, they just did it, prompting others in the hulking Hall of Justice to refer to it as a “secret court.”

A number of judges have since held the mantle. Whereas Tsenin originally envisioned helping 10 or 20 defendants, the court now monitors intensive community treatment of about 140 at any given time. All have serious mental illness and have committed felonies.

Lacey, who along with Johnson remains involved, offered a glimpse of the case managers’ role: They pick clients up from jail to ensure they get to their housing, attend medical and dental appointments with them, arrange for educational and vocational support and make sure clients are seeing their psychiatrists.

If a landlord has trouble with a disruptive client, the social worker shows up to do damage control. If clients tank, they get them hospitalized — against their will if need be.

Inside the courtroom, there is regular applause for those who do well, and a perspective on success unusual for the criminal justice system. Johnson recalled taking delight in watching one judge congratulate a client for smoking marijuana — a marked improvement over the crack he usually sought out in relapse.

Forensic psychiatrist George Woods, who co-teaches a law school class with Johnson, said the court’s success offered an important lesson: that psychiatric medication is only one piece of a formula for healing.

“We have to look at potential in addition to pathology,” he said. “To be treated is just the start. To live your life, that’s why we are all here.”

Knoble agreed: The program, she told the audience, “helped show me that I still had a chance — because my life matters.”

Then she picked up her instrument — given to her a year ago by community members — and played Jules Massenet’s “Meditation from Thais.”

 

Mental Health Court Helps Save a Troubled Talent

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By Lee RomneyLA Times

SAN FRANCISCO — Kim Knoble’s past tracks an arc of promise, mental illness and descent into what her parents call “living hell.” But Knoble is not homeless, in prison or dead — outcomes common with stories like hers.

Instead, on Wednesday, the woman with a head of wild red curls plans to walk into the St. Francis Yacht Club, tell her tale of recovery and lift the instrument she did not touch for a decade to play Massenet’s “Meditation From Thais.”

Now 31, Knoble was mastering Mozart violin concertos by the time she hit middle school. As a high school senior, she played with the San Francisco Symphony Youth Orchestra — while doubling as concertmaster of its Marin counterpart.

Then, on a music scholarship at UC Irvine, her brain began to change.

She thought the FBI had tapped her phone, that Hollywood producers were sending her messages. She started using drugs. Years of difficulty followed: Hospitalization. Rehab. Relapse. Tough love. And homelessness.

What brought Knoble redemption was the crime she would commit. Agitated and off her medication two years ago, she pushed a 75-year-old man down the stairs of a city bus. He was injured. She was arrested.

But Knoble was fortunate. She was accepted into San Francisco’s Behavioral Health Court, which in lieu of incarceration offers comprehensive treatment, housing, vocational services and more under the supervision of a Superior Court judge.

That judge — Garrett L. Wong — will be among those cheering Knoble at the court’s 10th anniversary celebration Wednesday. Introducing her will be David Chiu, president of the San Francisco Board of Supervisors and a violinist who was among a chain of community members who helped place the instrument in Knoble’s hands a year ago.

“It felt,” she said, “like I had my soul back.”

Knoble’s family moved to Marin County’s Mill Valley when she was 3. With her older sister, she spent hours at San Francisco’s Fisherman’s Wharf while their father, photographer Dickran Knoble, and mother, Elaine, sold their art.

Her parents soon split, and her mom married Michael Tugendman, a jeweler who brought lively political discussion to the home. Knoble picked up a violin in fifth grade and took to it instantly. By high school, with $2,000 saved from baby-sitting, she bought a treasured instrument from world-renowned violin maker Roland Feller.

Though her grades were not stellar, she won a full music scholarship to UC Irvine. “She was so musical,” professor Haroutune Bedelian said. “Music was part of her.”But by her sophomore year, Knoble was drinking, taking drugs and entering a realm of psychosis.

“She called me one day and said, ‘When I fell as a kid and hurt myself, where did I hurt myself?'” Elaine Tugendman recalled.”Your leg,” her mother answered, baffled, and Knoble retorted, “No. It was my head, and you’re not my mother.”After she attempted suicide, the family brought her home. It was, Knoble said, “when the beginning started — of everything.”

During a monthlong hospitalization, Knoble was diagnosed with severe bipolar disorder. She took up with gang members and began using amphetamines. She was on and off her meds, in and out of rehab.

Once, after she followed a boyfriend to San Francisco, she called home and vowed to kill herself, believing “everyone” had eyes on her. When her parents alerted a city mental health team, Knoble cut her parents off.

She landed on the streets of San Francisco’s Tenderloin for a year. The family filed missing persons reports, but when Knoble was located, she often rejected their overtures. Her social worker at Citywide Case Management searched too.An exhausted Knoble finally begged her mother to help her get a hotel room and they made a deal: Knoble’s Social Security checks would go to her mother. Each time she showed up at Citywide to take her medication, she’d get $10. It seemed to work.

But two years ago, Knoble felt so good she stopped the meds. Within three days, her thoughts were racing, paranoia rising. Four days later, on a crowded bus, a man elbowed her as he headed for the exit. She pushed. He fell out the open door and cracked his head.

She was charged with felony elder abuse and was looking at prison time when her public defender mentioned Behavioral Health Court.

To qualify, a participant’s mental illness must be severe and the crime linked to it. The commitment to accepting treatment is key. Knoble’s victim did not object. She would get help and, if she stuck with it, keep her freedom.

There are an estimated 44 mental health courts in California, and the Judicial Council’s Administrative Office of the Courts has encouraged each county to adopt the model. A 2010 study examined San Francisco’s court and three others nationwide and found success. Though San Francisco’s served the highest proportion of participants with schizophrenia and the greatest percentage who committed crimes against people rather than property, it showed the greatest drop in rearrests compared with control groups — 39% to 7%.

San Francisco Public Defender Jeff Adachi said that before this program, released offenders might have to wait 45 days for follow-up appointments, by which time “they were back in jail.” In contrast, he said, Behavioral Health Court offers a seamless handoff from jail psychiatric services to outside helpers.

Skepticism initially ran high, but Adachi said he now considers it “one of the most successful start-up social experiments in criminal justice history.” Dist. Atty. George Gascon called it “a national model for its humane approach to treating clients who suffer from severe mental illness. We’ve enhanced public safety by reducing recidivism.”

Knoble has been sober for more than a year. She began to thrive after her diagnosis was changed — to schizoaffective disorder — along with her medication.

“I’ve had a lot of people over my shoulder,” Knoble said. As for Wong, “If I don’t make appointments or I’m slipping he lets me know. It’s encouragement, but firm encouragement.”

Knoble had sold her violin for drug money years ago. She missed the music.

A friend of Michael Tugendman’s suggested he ask the head of North Beach Citizens, which assists the homeless, whether they knew anyone with a violin to spare. She forwarded the email to volunteer Michael Moylan. He and his wife, Tina Moylan, have both lost siblings to mental illness.”We couldn’t save our own family members,” she said. “so when we get a chance to help others … we’re there.”

The couple knew Chiu played violin, so they turned to him; he called the San Francisco Symphony, and soon its education department had bought Knoble an instrument.

At City Hall last October, they presented it to her. “I could tell she was reconnecting with something very special to her,” Chiu said.

“When I lost music … I just lost that whole part of me that made me feel whole,” Knoble said. “I felt like my dreams were going to be able to live again.”

Twice weekly, Wong’s courtroom sheds its rule-bound state and fills with cheers when clients do well, gentle chiding when they don’t.As Knoble has progressed, her court check-ins have gone from once a week to every six. On Thursday, she addressed Wong with a cheerful “Hi!” “You’re looking very healthy,” Wong responded. Knoble has lost 120 pounds over the last year, thanks to the medication shift, sobriety and five hourlong walks per week with friends.

She was accompanied by Deputy Public Defender Jennifer Johnson, who has guided the project since its inception. Johnson told Wong that Knoble would graduate from the program next month, and Johnson would seek to have her felony reduced to a misdemeanor. There is no guarantee — the prosecutor has resisted a proposal for Knoble’s early release from probation — but Knoble is optimistic.

She had just made her first $50 restitution payment — with $14,950 to go — and a day earlier met with her caseworker to discuss a return to school to learn computer skills. Next month, she will speak at a public library about stigma.

She lives with roommates — all with mental health disorders — and practices regularly with a string quartet of women from Narcotics Anonymous. “I’ve never been better with myself,” Knoble said.

Elaine and Michael Tugendman, meanwhile, are launching a nonprofit called SomeonesDarling.org to give back to all the organizations that worked on a shoestring to “save her life.” “All these people in the street, they all have families,” he said. “I will never look at people the same way again.”

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