STATE OF ILLINOIS TERRORIZES RODNEY YODER

10  MORE REASONS WHY WE AREN'T RICH, a commentary OBAMA,a change to what ? Part 2 by Brother Taalik November 2008 Angelsnupnup7's Visitor's Page Letter to a young misguided Black Muslim by Brother Taalik BARON d' HOLBOCH, a biography Imani  Entertainment Group's KEYSHIA COLE Angelsnupnup7's  December 2008 Visitor's Page Why I've chosen not 2 believe in God, a personal story REALITY'S  TEMPLE ON EARTH as hosted by Brother AdMinister Taalik Ibn'rad STATE OF MISSOURI PRACTICES LEGAL MURDER & ABUSE Yes  VIRGINIA , Allah ( GOD ) doesn't EXIST !!! STATE  OF ILLINOIS TERRORIZES RODNEY YODER SOLDIER  IN BATTLE-VOLUME TWO SOLDIER  IN BATTLE GOES TO COURT SOLDIER  IN BATTLE-VOLUME THREE POET'S CORNER VOLUME THREE ARE  AFRICAN AMERICANS ASHAMED OF BEING BLACK? SOLDIER  IN BATTLE-VOLUME FOUR ANGELSNUPNUP7'S  FAVORITE VISITOR OF THE MONTH I  FLEW OVER THE CUCKOOS NEST PSYCHIATRIC  ABUSE EXPOSED!!!!! I  DON'T WANT NO MILK,a commentary ANGELSNUPNUP7'S  VISITOR'S PAGE-JULY/AUGUST 2007 BLACK PSYCHIATRIST SPEAKS ON WHITE SUPREMACY IS  THE WHITEMAN THE DEVIL? THE  N' WORD GET OVER IT!!! ANGELSNUPNUP7'S  VISITOR'S PAGE-OCTOBER 2007 DO NOT 4 GET THE WHITES WHO HELPED BLACKS MESSAGE  TO THE MISGUIDED BLACKMAN OF AMERICA THE FINAL CALL HEADLINE NEWS HEALTH-NATURAL CURES.COM WOULD BEING AN ATHEIST BE BETTER FOR US? POET'S CORNER VOLUME ONE JUST HOW DISGUSTING IS ORAL/ANAL SEX? IS THIS MASTER WALLACE FARD MUHAMMAD? THE  BIOLOGY OF RELIGION,a commentary ISLAM  JUSTIFIES SLAVERY , a commentary DID  JESUS REALLY EXIST? a commentary DID PROPHET MUHAMMAD REALLY EXIST? a commentary WERE JEWS/HEBREWS HELD AS SLAVES IN EGYPT?, a commentary ANGELSNUPNUP7'S  VISITOR'S PAGE-SEPTEMBER 2007 COULD  THE HOLOCAUST BE A MYTH ? a commentary WHY SHOULD GOD BE BETTER THAN YOU? RESPONSE  2 THE RACIST CAUCASION MALE OFFICIAL RECORDS SHOW THE JEWISH HOLOCAUST AS FRAUD PORK the most dangerous meat of them all !!!! DOES THE U.S. REJOICE IN THE RETURN OF JIM CROW? HONKY should CAUCASIONS get over it ? A commentary OH GOD! IT'S A BLACKMAN WITH A GUN... BLACKS ARE OF A LOWER INTELLIGENCE ? a commentary ANGELSNUPNUP7'S  VISITOR'S PAGE-NOVEMBER 2007 WILL  THE SO CALLED NEGRO JOIN al-QAIDA? SHOULD THE SO CALLED NEGRO or BLACKS RECEIVE REPARATIONS? ANGELSNUPNUP7'S  VISITOR'S PAGE- DECEMBER 2007 WHY  DO CAUCASIONS ALL OF SUDDEN LOVE MALCOM x ? EUROPEAN  JEWS NO BLOODLINE TO ABRAHAM ? MAN TERRORIZED BY BLOODTHIRSTY MISSOURI STATE PSYCHIATRISTS,FREED! Psychiatric Evaluation of Brother Lorne Lei Wray 2007 Can the GOVERNMENT force psychiatric drugs on CITIZENS? PRETTY  RELIGION ( when good folks do nothing ) Brother Wray requests MERCY from the court Brother Wray petitions for release from PARASITIC psychiatrists Brother  Wray SPEAKS to JUDGE David Dowd Brother Wray,plaintiff versus Missouri Dept. of Mental Health,defendant  Angelsnupnup7's VISITOR'S PAGE- January 2008 CLOUD WITH A SILVER LINING - VOLUME ONE HIGH BLOOD PRESSURE that SILENT KILLER Fair Debt Collections Act of 1978 The Taalik & Khalifa SHOW-January 2008 VISITOR'S PAGE We Must STOP the rise of a BLACK MESSIAH (JESUS) Angelsnupnup7's Visitor's Page- The Taalik & Khalifa SHOW Episode 2 Angelsnupnup7's Visitor's Page - February 2008 Basic Knowledge of the Nation of Islam The Joke called Black Entertainment Television, a commentary Angelsnupnup7's Visitor's Page-March 2008 What does the REALITY'S TEMPLE stand for ? CLOUD WITH A SILVER LINING - VOLUME TWO Angelsnupnup7's Visitor's Page -April 2008 IN LOVING MEMORY OF MY FATHER LIONEL CHAVIS Slavery  Reparations - past over due ! a commentary Angelsnupnup's Visitor's Page as of MAY 2008 Slavery  Reparations from WIKIPEDIA Angelsnupnup7's Visitors page for JUNE 2008 The Nation of Islam, a Brutal Legacy ? Nation of Islam involved in the ZEBRA murders ? SOLDIER  IN BATTLE-VOLUME ONE Angelsnupnup7's Visitor's Page as of JULY / AUGUST 2008 Does B.C. mean before CHRIST, a commentary How To Buy a Good USED CAR , a commentary Congratulations to President- Elect BARACK OBAMA OBAMA , a Change to What?..a message by Brother Taalik Did Moses Exist ? a discussion November  2008-Angelsnupnup7's Visitor's Page Part 2 Zoroastrianism, a religion, a Commentary 2009/January  Visitor's Page PROPOSAL for the SOLUTION of the PROBLEMS of so called BLACKS POET'S CORNER VOLUME TWO How  2 Control People The plans for GLOBAL Dictatorship QUACKERY  is Psychiatry, NO DOUBT ! Hip Hop Nation the builders of a new Civilization SARA  SUTEN SET cancels great debate with Dr. WESLEY MUHAMMAD ....and the BLACKWOMAN made MAN This WORLD has made SEX very,very, NASTY Misery loves company in the BLACK Community  Brother Taalik SPEAKS !!! DARK  EUROPEANS calling themselves BLACK PEOPLE The Blackman GOD of the UNIVERSE ....understanding the WHITEMAN'S HISTORY Brother Taalik SPEAKS!!!## 2 GREAT REWARD 4 Black People MICHAEL JACKSON dies at age 50 Brother Taalik Speaks ## 3 MESSAGE  2 SARA SUTEN SETI Michael Jackson his Life & Times a GLOBAL ICON The Moorish American- A Brief History Being Sicilan & What I Think About GOD WHY  I DO NOT SUPPORT GLOBAL AFRICAN SUPREMACY The UnderCover Racist called KKILO34 The TROUBLEMAKER called Sara Suten Seti SUICIDE NOTE of a DOMESTIC TERRORIST The INTERRACIAL & HOMOSEXUAL in Black Liberation Is a RACE WAR Coming ? JEWS & The Black Holocaust



Law offices ofJAMES B. GOTTSTEIN406 G STREET, SUITE 206ANCHORAGE, ALASKA 99501(907) 274-7686TELECOPIER (907) 274-9493MEMORANDUMTO: Interested PartiesFROM: James B. GottsteinDATE: December 14, 2001RE: Rodney YoderPURPOSE AND SCOPEC. Rodney Yoder has been held in Chester Mental Health Center under a series ofinvoluntary admission orders since July 12, 1991, commencing immediately after thecompletion of a sentence for assault. See, Yoder v. Patla, 234 F.3d 1275, 2000 WL 1224576,p. 2 (unpublished), (CA7 2000). As set forth below, the facts and circumstances suggest thatMr. Yoder may be improperly held at Chester and his rights while being held at Chesterroutinely violated. The purpose of this Memo is to present the factual and legal situation of Mr.Yoder in an attempt to help him obtain the assistance of a well-qualified Illinois attorney he canwork with1 to vindicate his rights. A significant number of documents have been reviewed andthere have been conversations with a number of people. Since Mr. Yoder has been involuntarilyheld for over ten years, the record is voluminous and a large number of people have beeninvolved with Mr. Yoder. No attempt has been made to exhaustively review this record andinterview all potential witnesses. Nonetheless, it is believed that this memo fairly presents thesituation.LAW1. Involuntary Commitment StandardA person may be involuntarily committed to a mental institution in Illinois (i.e., being a"person subject to involuntary admission") under the following criteria:(1) A person with mental illness and who because of his or her illness isreasonably expected to inflict serious physical harm upon himself or herself oranother in the near future; or(2) A person with mental illness and who because of his or her illness isunable to provide for his or her basic physical needs so as to guard himself orherself from serious harm.405 ILCS § 5/1-1191 An important aspect of such a representation is agreement between Mr. Yoder and his counsel on how to proceedat the outset. Mr. Yoder is understandably upset about the way he has been treated and his cases handled in the pastby various counsel. Mr. Yoder no doubt needs to accept that his release will turn on factors he considers fallacious.His attorney will probably need to be sensitive to this and supportive of Mr. Yoder's views.Rodney Yoder Page 22. ProceduresUnder 405 ILCS § 5/3-800(a) "the respondent may request to have the proceedingstransferred to the county of his residence." In In re Muro, 400 N.E. 2d 1042 (Ill. App. 1980),the court found that because the words "request to" were not present that once the respondentmade a request for such a change in venue, that the court had to change the venue. In 1985,the statute was changed to add the words "request to" and it does not appear there are anysubsequent cases interpreting this sentence. Without researching the legislative history for thechange, it seems logical to assume the purpose of the amendment to add "request to" was tooverrule In re Muro. On the other hand, since a respondent undoubtedly would have the rightto request a change of venue without the statute, it makes no sense to even have the provisionif it doesn’t create the right to a change of venue because it renders the sentence meaningless.We determine this intent by reading the statute as a whole andconsidering all relevant parts. We must construe the statute sothat each word, clause, and sentence, if possible, is given areasonable meaning and not rendered superfluous avoiding aninterpretation which would render any portion of the statutemeaningless or void. We also presume that the General Assemblydid not intend absurdity, inconvenience, or injustice."Sylvester v. Industrial Commission, 756 N.E.2d 822 (Ill. 2001) (Citations omitted)Under 405 ILCS §5/3-800(c) involuntary admission hearings are open to the publicunless a party requests they be closed. "The court shall not close the hearing if the respondentobjects to its closure."Under 405 ILCS§5/3-802 "The respondent is entitled to a jury on the question ofwhether he is subject to involuntary admission."405 ILCS§5/3-804 provides in part:The respondent is entitled to secure an independent examination by aphysician, qualified examiner, clinical psychologist or other expert of hischoice. If the respondent is unable to obtain an examination, he mayrequest that the court order an examination to be made by an impartialmedical expert pursuant to Supreme Court Rules or by a qualifiedexaminer, clinical psychologist or other expert.There appears to be a conflict between various Illinois state court districts whether this entitlesa person to choose an independent examiner to be paid for by the state.This court has held that in a proceeding for involuntary admission arespondent is entitled under section 3-804 of the Code to examination "byan independent psychiatrist appointed by the court and paid for by theState" . . . This is in contrast to the Appellate Court for the Fifth District,which has held that the requests of section 3-804 can be met byRodney Yoder Page 3appointment of a qualified examiner who is independent even if thatexaminer is an employee of the Department. [citation omitted]* * *[T]his court has recognized the great value to a respondent of having anindependent examiner. [citations omitted] We also adhere to the wisdomof the Williams I and Williams II opinions in requiring that the examinernot be an employee of the Department.In the Matter of Katz, 642 N.22d 893, 896-7 (Ill. App. 1994). Thus, in the Third District,under 405 ILCS§5/3-804 a person has the right to an independent evaluation by someone otherthan a state employee, where in the Fifth District, where Mr. Yoder resides, one doesn't. Thisis confirmed in a case involving Mr. Yoder, In re: Yoder, 682 N.E.2d 753 (Ill. App 5, 1997).Under 405 ILCS§5/3-805, the respondent has right to be represented by counsel andone will be appointed if the person is indigent. The respondent can waive counsel andrepresent him/herself if the court is satisfied the respondent has the capacity to make aninformed waiver. In the state of Illinois Fifth District, Mr. Yoder is uniformly denied the rightto waive counsel when he complains that the public defender is giving him short shrift andwon't consult with him prior to the hearing, In re: Yoder, 682 N.E.2d 753 (Ill. App 5, 1997),while in the Southern District of the United States District Court for Illinois, he has been foundto be very competent and therefore not entitled to the appointment of a guardian ad litem,Yoder v. Patla, 234 F.3d 1275, 2000 WL 1225476 (7th Cir.(Ill.) 2000).2Under 405 ILCS§5/3-806, "No respondent may be found subject to involuntaryadmission unless that finding has been established by clear and convincing evidence.However, it has been held that a reviewing court will not reverse an order of involuntaryadmission unless the trial court's conclusions are against the manifest weight of the evidence, Inre Jakush, 725 N.E.2d 785 Ill.App.4.Dist.,2000 and a decision to involuntarily commit arespondent should not be set aside unless the trial court's order is clearly erroneous, In re DavidD., 716 N.E.2d 1245 Ill.App.2.Dist.,1999Under 405 ILCS§5/3-813, a new involuntary admission order must be sought every 180days.A person subject to voluntary admission is also entitled to consideration of alternativemental health treatment settings and facilities under 405 ILCS§5/3-810 and 11 and a treatmentplan under 405 ILCS§5/3-814. There are also numerous other provisions relating to theinvoluntary admission procedures and the respondent's rights thereunder.3. Other Patient RightsA "recipient of services" has certain rights under Chapter II of the Illinois Mental Healthand Developmental Disabilities Code, 405 ILCS 5/.2 There is more on these cases below.Rodney Yoder Page 4405 ILCS§5/2-100 provides that people don't lose their rights because they are admittedto an Illinois mental health facility.405 ILCS§5/2-101 provides:No recipient of services shall be presumed legally disabled, nor shall suchperson be held legally disabled except as determined by a court. Suchdetermination shall be separate from a judicial proceeding held todetermine whether a person is subject to involuntary admission or meetsthe standard for judicial admission.405 ILCS§5/2-101 provides that a recipient is entitled to adequate, humane care andservices in the least restrictive setting pursuant to a periodically reviewed individual servicesplan with the participation of the recipient.Under 405 ILCS§5/2-103 a recipient is entitled to unimpeded, private, and uncensoredcommunication with persons of his choice by mail, telephone and visitation. Since thisprovision was enacted prior to the Internet becoming a standard form of communication,presumably it would be interpreted to include the Internet. 405 ILCS§5/2-103(c) provides thatthis right to unimpeded communication can only be reasonably restricted in order to protect therecipient or others from harm, harassment or intimidation and then only if notice of suchrestriction is given to all recipients upon admission.405 ILCS§5/2-104 provides that a recipient is entitled to possess and use personalproperty, which under subsection (a) can only be restricted when necessary to protect therecipient or others from harm, and then a notice of such restriction must be given to allrecipients upon admission.There are other rights set forth in Article I, Chapter II of the Illinois Mental Health andDevelopmental Disabilities Code, 405 ILCS 5/.FACTS AND PROCEEDINGS3Mr. Yoder was convicted of aggravated battery on May 11, 1979, and sentenced toprobation, which was revoked on August 28, 1979. He was released in 1983 when it was heldthat the Illinois Department of Corrections had illegally revoked his good time credits. See,Yoder v. Hardy, 451 N.E.2d 965 (Ill. App 5 1983). After his release Mr. Yoder's life includeda job, family, and college for a period from 1983-1989. In 1989 he divorced his wife, however,they continued to live together. After drinking heavily, he had an altercation with her about herletting a person who was molesting his four year old son continue to babysit for the son that ledto his arrest for battery. He pled guilty but mentally ill and began a 3 year sentence at Stateville3 As Mr. Yoder has been held for over a decade and has vigorously attempted to assert his rights and obtain hisrelease during that time, a full recitation of facts is not attempted. There have also been many lawsuits involvingMr. Yoder, but only those considered directly relevant will be discussed. Mr. Yoder himself has written much onhis situation. Articles of interest are J'accuse! at http://www.stopshrinks.org/yoder/yoder_story.htm, and HowPsychiatry Destroyed My Life at http://www.geocities.com/shrinkbusters/yoder/newstory_091201.htm.Rodney Yoder Page 5Correctional Center. Shortly after incarceration, he sought to withdraw his guilty plea.4 Aftercomplaining to the sentencing judge, he was moved to Menard Psychiatric Unit. While atMenard, a psychiatrist determined him not to be dangerous to self or others. He was found to behostile and negative but "no indication of acute pathology" HRA Report 98-110-9009Less than a month prior to his scheduled release on June 18, 1991 Mr. Yoder was sent toMenard Correctional Center Psychiatric Unit following a hunger strike over grievances. Mr.Yoder was transferred to Chester Mental health Center on June 26, 1991 and his first court orderfor Involuntary Admission was entered on July 12, 1991.In December, 1991, a recommendation was made by a staff psychiatrist to transferMr.Yoder to a less restrictive environment, specifically Zeller Mental Health Center, a facilitynear his home and family. This did not occur. When the Human Rights Authority attempted tofind out why it was unable to determine why the transfer did not occur. HRA Report of FindingsNo. 98-110-9009.In 1994 in violation of 405 ILCS, Sections 5/2-100, 2-102, 2-104, 2-109, and 2-201 asfound by Human Rights Authority Report of Investigation, Case No. 95-070-9011, datedSeptember 14, 1995, Mr. Yoder was illegally placed in seclusion for failing to obey an illegalrequest of staff to remove a rubber band around his ponytail. The following are the findings ofthe investigation:The incident involved the recipient named in the complaintand a unit staff person. The staff person ordered the recipient toremove a rubber band which held the recipient's hair in a pony tail.During the interview the recipient stated, "I knew rubber bandswere not considered contraband." In reviewing Notice toRecipients, Personal Property Restrictions, the HRA discoveredrubber bands were not one of the seventeen prohibited items, norwas it one of the five items to be used with staff supervision.The HRA was denied a face to face interview, or atelephone interview, with the staff person involved in the incident.The only available documentation was a Notice Regarding Rightsof Recipients, which was completed by the staff person involved inthe incident. The staff person interpreted the recipient's movementup from a sitting position as threatening behavior, thus orderingseclusion for failure to remove the rubber band.* * *The HRA has made several requests for additionaldocumentation concerning the incident and also policy clarificationon personal property/contraband from the assistant facility director.The facility does not respond and fails to return phonecommunications.4 Mr. Yoder feels he was duped into pleading guilty but mentally ill.Rodney Yoder Page 6In January of 1995, Mr. Yoder began voluntary admission and requested discharge inApril, 1995. Mr. Yoder rescinded the discharge request, and in June, 1995, a transferrecommendation was proposed if he complied with all treatment goals. All treatment goals weremet; however, he was not transferred, with the offered reasons that he met the standards forinvoluntary admission. Shortly after, he was transferred to a more restrictive Unit. The LegalAdvocacy Service of the Guardianship and Advocacy Commission addressed the transfer to amore restrictive unit with a Chester Administrator who stated that the recipient had threatened toharm self and others. He stated that he had struck another recipient.5 HRA Report of Findings98-110-9009In April, 1996 the Office of the Inspector General, in a formal written report found thatan outside specialist should be hired to evaluate Mr. Yoder. In June, 1996, a date of July 26,1996 was set for an independent evaluation from a specialist from Southern Illinois UniversitySchool of Medicine. The proposed evaluation was not conducted on that date, but, Mr. Yodersubsequently received written confirmation from the Office of Inspector General promising anoutside evaluation. Numerous dates were proposed, but the independent evaluation did notoccur. Later, the Chester Administrative Assistant stated that he had no knowledge of theevaluation and that the evaluation was not going to happen. HRA Report of Findings 98-110-9009.In Human Rights Authority Report of Findings No. 98-110-9009, the Authority foundthat Chester's treatment goals are "vague and unobtainable" and that while there may beprofessional disagreements regarding the least restrictive environment, that Chester had not"done all that is necessary to determine if the recipient is appropriately placed in a leastrestrictive environment." The Authority also states that Mr. Yoder's right to be placed in theleast restrictive environment is an absolute one. Finally, the Authority found: "Although notlisted in the allegation, it was noted during the investigation that two entries made in therecipient's chart appear to be judgmental and not behaviorally based." HRA Report of Findings98-110-90096On May 26, 1996, Mr. Yoder had a trial on his complaint for discharge under ILCS5/3-900. The denial of discharge was the subject of In re: Yoder, 682 N.E.2d 753 (Ill. App 5,1997). The grounds for the appeal were (1) he had the right to an independent expert toexamine him under 405 ILCS 5/3-804, (2) he had the right to a jury trial under 405 ILCS5/3-802, (3) the court improperly found him unable to either waive counsel or represent himself,(4) he had established a prima facie case for discharge, and (5) he had ineffective assistance ofcounsel. The court held that (1) the right to an independent expert that the state had to pay for5 In light of multiple proven instances of Chester staff fabricating such incidents, Chester's explanations should notautomatically be credited.6 In its review, the Authority also mentions that it reviewed twelve letters written by Mr. Yoder, which had beencharacterized by Chester as threats and therefore proper grounds for whatever punitive measures it had imposed.The Authority, however, found, " Eleven of the letters expressed anger and discontent with confinement; however,one of the letters written in August of 1993 to a State Senator contained a threat of harm to the Senator or member ofhis staff." Mr. Yoder acknowledges that more than five years ago he engaged in a campaign of sending threateningletters to prominent people in an attempt to get transferred to jail with the prospect of eventually being released. Hedenies that he has made any threats for quite some time. This report also mentions a biting incident by Mr. Yoder.Mr. Yoder was asked about this incident and a recording of his Yahoo voice mail response can be found athttp://gottsteinlaw.com/yoder/Recordings/bitingincident.wav.Rodney Yoder Page 7was satisfied with an employee of the mental health system, (2) he did have the right to a jurytrial, (3) while it would have been better for the court to have explored if Mr. Yoder wascompetent that since the court had a lot of experience with Mr. Yoder that it was not reversibleerror, (4) the unverified complaint was insufficient to establish a prima facie case, and (5)since the case was being remanded, it was not necessary to decide whether he had ineffectiveassistance of counsel.7On December 11, 1998, Mr. Yoder sued Ann Patla, then Director of the Director ofthe Department of Mental Health and Developmental Disabilities under 42 USC §1983 in theUnited States District Court Northern District of Illinois challenging the conditions of hisconfinement and the process by which he was involuntarily committed. In furtherance of this,Mr. Yoder requested in forma pauperis status and the assistance of counsel. The court grantedMr. Yoder’s motion for in forma pauperis status, and identified an attorney to help him. OverMr. Yoder’s objection, the case was transferred to the Southern District of Illinois and theattorney was relieved of the appointment.. Once transferred, Mr. Yoder rene wed his motion forappointment of counsel and, in the alternative, the appointment of a guardian ad litem becausehe had been declared incompetent by the Illinois courts. The motion for appointment ofcounsel was denied as well as the appointment of a guardian ad litem by the trial court becauseYoder “maintained the ability to prosecute this action without the assistance of counsel.” OnDecember 4, 1998, a new judge in the case sua sponte, reconsidered the Northern Districtjudge's decision granting Mr. Yoder in forma pauperis status, citing the “three strikes”provision of the Prison Litigation Reform Act (PLRA), 28 USC §1915(g). The court thenvacated the order granting in forma pauperis status and dismissed the suit with prejudice.This was appealed in the "unpublished" Yoder v. Patla, 234 F.3d 1275, 2000 WL1225476 (7th Cir.(Ill.) 2000) The 7th Circuit was concerned with two issues: (a) whether Mr.Yoder was barred from filing in forma pauperis under the “three strikes” provision of thePLRA, and (b) whether he was competent enough to bring the suit or needed to have arepresentative appointed. The court of appeals held that the PLRA only applied to criminalprisoners and was not applicable to Mr. Yoder. The court further held that the district courtshould have inquired into Mr. Yoder's competency and directed it to do so on remand. Mr.Yoder reports that on remand, the trial court held that Mr. Yoder is competent, rescinded hisin forma pauperis status in spite of the 7th Circuit's contrary holding, dismissed the complaintfor failure to pay filing fees and the 7th Circuit court clerk will not file his appeal, presumablyfor the same reason.8 At the competency hearing, Chester staff reportedly testified that theynever have had any reason to question Mr. Yoder's competency and when presented withChester's contrary testimony at his numerous involuntary commitment hearings, the judgereproached Chester for this inconsistency.7 It appears that in most cases in Illinois, when a person prevails on appeal that he or she was improperly found to besubject to involuntary commitment, that the remedy is to send the case back to the trial court with timing being suchthat the person never actually gets any remedy.8 Mr. Yoder mainly communicates via yahoo.com voice mail in one minute chunks which vary in quality, so someof this may be garbled.Rodney Yoder Page 8On April 6, 1999, as determined by the Illinois Human Rights Authority in its Reportof Findings, 99-110-9025, dated September 21, 1999, a nurse at Chester wrote a fabricatedaccount of a threat in Mr. Rodney's clinical chart:The individual chart contained an entry made by the nurse on April6, 1999, at 10:30 A.M. The nursing notes on this date and time arerecorded as follows: "recip on pt/s phone @ this time. Informed thereceiver angrily that ‘I'm a human. If I could get my hands aroundyour throat, if you ain't receiving my calls, you S.O.B. tell me so.’"The Lawyer from Equip for Equality informed the Coordinator thatthe recipient had called his office on April 6, 1999 at 10:30 A.M.At that time the recipient spoke with his secretary. The secretaryindicated that the recipient was polite in his conversation and madeno threatening remarks, nor did he slam the telephone down. . . .Telephone records from Equip for Equality indicated that a collectcall was accepted from Chester Mental Health Center on April 6,1999 at 10:28 A.M.HRA Report of Findings, 99-110-9025On October 1, 1999, Chester staff again fabricated a threat by Mr. Yoder and placed itin his chart as documented by the following September 5, 2000, letter from Barry Lowry,Senior attorney for Equipped for Equality:Dear Dr. Hardy:This correspondence is written on behalf of Mr. Yoderand it is requested that a copy of it be placed in his records. OnOctober 1, 1999 CMHC staff entered in Mr. Yoder's records anobservation that at 3:45 p.m. Mr. Yoder spoke with our agencyand threatened violence. Mr. Yoder did speak with our office atthat time but at no time did he threaten myself or my secretarywith violence. In fact, at no time has Mr. Yoder ever threatenedme or my staff with violence. Why this improper entry was madeI do not know but I request that it be removed or that thiscorrespondence be placed in Mr. Yoder's chart at the place wherethe entry is made.Please do not let the fact that this correspondence has beensubmitted nearly one year after the fact undermine its importance.This would have been submitted to you earlier had Mr. Yoder'srecords been timely provided to me pursuant to my properlysubmitted request for records.In June of 2000, Chester illegally under 405 ILCS 5/2-104, confiscated a scanner andcomputer disks as determined by Human Rights Authority Report of Findings 01-110-9013,dated January 16, 2001.Rodney Yoder Page 9On November 13, 2000, two computer disks were illegally taken from Mr. Yoder inviolation of 405 ILCS 5/2-104 as determined by the Illinois Human Rights Authority in itsReport of Findings 01-110-9016, dated May 14, 2001.On or around May of 1991, a CD-ROM drive sent to Mr. Yoder was illegally takenfrom Mr. Yoder in violation of 405 ILCS 5/2-104 as determined Human Rights AuthorityReport of Findings 01-110-9023, dated June 19, 2001.In late November 2001, another prisoner at Chester smashed Mr. Yoder's laptopcomputer, which has years worth of files and information on its hard drive. Mr. Yoder desiresto have the hard drive sent a friend to recover the data from it. A number of people haverequested the Chester administration to comply with this request, but Chester has heretoforefailed to do so. James Robert (Bob) Poole, the Public Service Administrator of Chester(second in command), informed Mr. Cameron, staff attorney for Legal Advocacy Services thatif Mr. Yoder would only put the request in writing it would be complied with. In spite of Mr.Yoder expressing skepticism that putting it in writing would accomplish anything, he did so,but the laptop was not released.It is believed that the current involuntary admission proceeding under 405 ILCS§5/3-813 has been continued for quite a long time by current counsel; that a hearing has beenscheduled for December 13, 2001, to handle a number of motions, one of which is a motion bycurrent counsel to withdraw.CONCLUSIONE. Fuller Torrey, M.D., probably the most prominent proponent of involuntary mentalhealth treatment says:It would probably be difficult to find any American Psychiatristworking with the mentally ill who has not, at a minimum,exaggerated the dangerousness of a mentally ill person's behaviorto obtain a judicial order for commitment . . . Thus, ignoring thelaw, exaggerating symptoms, and outright lying by families to getcare for those who need it are important reasons the mental illnesssystem is not even worse than it is.Torrey, E. Fuller. 1997. Out of the Shadows: Confronting America's Mental Illness Crisis.New York: John Wiley and Sons. 152. Dr. Torrey also quotes Psychiatrist Paul Applebaum assaying when "confronted with psychotic persons who might well benefit from treatment, andwho would certainly suffer without it, mental health professionals and judges alike werereluctant to comply with the law," noting that in "'the dominance of the commonsense model,'the laws are sometimes simply disregarded."In light of this attitude of psychiatrists and other mental health professionals, and theexamples cited above where Chester has demonstrably fabricated incidents involving Mr.Yoder, Mr. Yoder's protestations that Chester personnel are not reliable witnesses becomequite credible. Mr. Chester's cynicism about the Chester Administration's good faith in anyRodney Yoder Page 10particular instance is also quite understandable, if not justified. Similarly, Mr. Yoder isjustified in being angry about his situation. His cynicism and anger also seems justified againsta judicial system that will not allow him to discharge a do-nothing public defender because heis incompetent, yet refuse to appoint a representative in another case because he is verycompetent and then fail to do anything when faced with contradictory sworn testimony fromChester in these proceedings.9In any event, it seems clear that, at a minimum, that Mr. Yoder's rights are regularlybeing violated by Chester and that he is not being afforded every opportunity to mount aneffective defense and receive an impartial decision at his involuntary admission hearings. Asto the former, it seems clear that the existing mechanism for protecting his rights is not beingeffective. The Human Rights Authority only has the authority to make recommendations,which Chester is apparently quite willing to ignore, while Legal Advocacy Services andEquipped for Equality, seem unwilling or unable to take the effort to the next level of legaladvocacy. With respect to the involuntary admission hearings, it is clear that the relationshipbetween Mr. Yoder and Chester staff as well as with the court has deteriorated to the pointwhere his hearings are pro forma and his contentions are not adequately addressed.The primary goals of any representation would be to (a) force Chester to follow the lawwith respect to Mr. Yoder's rights,10 and (b) mount an effective legal defense at his nextinvoluntary admission trial. It might also prove necessary to assert some rights in federalcourt, possibly through picking up the existing 1983 action in Patla if it is still alive.It is hoped that this memo is helpful in setting the factual and legal framework in whichMr. Yoder has been caught and aids in furthering his need to obtain well-qualified Illinoiscounsel pursue his rights. There are a number of prominent psychiatrists and psychologistswho are willing to help Mr. Yoder, but he needs to first obtain counsel. I am willing to helpin the effort to the extent that I can from Alaska. I also have many other thoughts that can notbe put in this memo because it is anticipated this memo will receive some distribution.9 The record in the Patla remand has not yet been acquired to verify this.10 As part of this, Mr. Yoder should be allowed his computer and reasonable Internet access to enable him tocommunicate effectively.        Comments on this writing?.....angelsnupnup7@taalikibnrad.myeweb.net 
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