Post 9kbvQMrZyoeAnH2WPI by gendertreyf@queer.party
 (DIR) More posts by gendertreyf@queer.party
 (DIR) Post #9kadXHUYSuOgNCzmeO by gendertreyf@queer.party
       2019-07-06T23:11:21Z
       
       0 likes, 2 repeats
       
       Meet Harold. For the purposes of our story Harold is a mid-20's black man with Down syndrome living in upstate New York.Harold is sitting peacefully, all alone, at a bus stop at night when a bystander calls 911 under the assumption that he is in danger because he is not accompanied by a caretaker.Minutes later, police arrive on the scene.[thread]
       
 (DIR) Post #9kbvQLJVjznjzK5nfM by gendertreyf@queer.party
       2019-07-06T23:18:16Z
       
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       When the police question Harold about who he is, where he lives, and what he is doing he panics and goes non-verbal. EMS is summoned and Harold is taken to the hospital, strapped to a transport chair.Harold is having a traumatic breakdown at this point. The intake procedure does nothing to help him feel safe.At some point that night a novice orderly grabs Harold's shoulder to get his attention.[thread]
       
 (DIR) Post #9kbvQLVuzrj4bnti0O by gendertreyf@queer.party
       2019-07-06T23:29:35Z
       
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       We'll call our orderly Carol. Carol is a white premed student who is volunteering at the hospital to help her get into med school.Carol was trained, very clearly, to never touch a patient without prior consent outside of an emergency. Carol's instructors were extremely clear about how touching patients can create an unsafe environment because the patient may not understand what is going on.Harold did not understand what was going on.[thread]
       
 (DIR) Post #9kbvQLk6994JJmX26i by gendertreyf@queer.party
       2019-07-06T23:52:13Z
       
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       Harold panics and pushes Carol away from him. Carol falls and receives superficial scrapes and bruising.The hospital presses charges against Harold for assault.In the state of New York shoving someone would normally result in being charged with assault in the third degree, a class-A misdemeanor.Harold will face a class-D felony.[thread]
       
 (DIR) Post #9kbvQM4Iw1EQKRzAbQ by gendertreyf@queer.party
       2019-07-06T23:58:28Z
       
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       Being a nurse or other hospital worker means you are frequently exposed to violence at the hands of patients. Most of the time this kind of violent behavior is due to a head injury or other condition that is impairing the patient's decision making or their understanding of their environment.In other words, the vast majority of the time no reasonable person would hold the patients responsible for their actions.The state is not reasonable people.[thread]
       
 (DIR) Post #9kbvQMHQ9Fiuz87e2y by gendertreyf@queer.party
       2019-07-07T00:01:54Z
       
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       In response to the dangerous conditions in hospitals--and in particular psych wards--the state of New York enacted legislation that automatically increased the charge to assault in the second degree when the alleged victim of the assault is a health care worker.If found guilty in a court of law Harold faces up to seven years behind bars.Harold will not be found guilty in a court of law.[thread]
       
 (DIR) Post #9kbvQMVxHDLjiCvFhY by gendertreyf@queer.party
       2019-07-07T00:05:47Z
       
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       Because of Harold's disability he is unable to fully understand the charges against him. Because of this the court orders that he be evaluated to determine whether he is legally competent to stand trial.This is known as a CPL 730 motion.Harold is taken to another hospital and he is determined to be mentally incompetent. The court accepts the psychiatrists' report.[thread]
       
 (DIR) Post #9kbvQMrZyoeAnH2WPI by gendertreyf@queer.party
       2019-07-07T00:09:38Z
       
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       At this point the court would normally be required to drop all charges and seal the record but because Harold's assault is automatically a felony his case cannot be dismissed without the consent of the district attorney.The district attorney is a racist piece of shit and refuses to allow the charges to be dropped.[thread]
       
 (DIR) Post #9kbvQN5l85zPVFfqVc by gendertreyf@queer.party
       2019-07-07T00:15:18Z
       
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       Harold cannot legally stand trial but his legal liability remains. He is remanded to the custody of the Office of Mental Health for treatment until the psychiatrists determine that he is fit to stand trial or until he has served up to two thirds of his maximum potential sentence.He will live in a cage in a forensic unit, which is a prison for the 'criminally insane.'No trial.[thread]
       
 (DIR) Post #9kbvQNOY0F1CRWSqnI by gendertreyf@queer.party
       2019-07-07T00:27:34Z
       
       0 likes, 1 repeats
       
       Harold's disability is lifelong so he is very unlikely to be declared competent. He will likely serve the next four and a half years behind bars without any legal defense.Of course, at the end of those four and a half years his charges will be dropped and he will walk out of the forensic unit with a clean criminal record so... 🙃 Four and a half years for having the audacity to be disabled in public.