Monday, May 14, 2012

The United States Constitution Is Not A Fact Of Life At The Arizona State Hospital. RE: Case #2012-BHS-0263-DHS Wherein, the clock ticks, and the document recorder rolls as the due process of this case continues to erode due to administrative contempt, rather than evolve in keeping with applicables standards of procedural law and policy.  

Note, if you will, how bloody long it took for the Arnold v. Sarn case to find its way to the truth (over four years, during which, the thousands of mentally disabled citizens of Arizona were continually subjected to unlawful, administratively mismanaged behavioral health services), and consider as well, my testament at this late date in the process following me having reported, well over 10 full months ago, that I was attacked and physically, emotionally, and psychologically harmed by a horrifyingly over aggressive and criminally abusive behavioral health technician at The Arizona State Hospital in July, 2011; my testament today being that no matter how severe the issues at stake might happen to be, if the state system continues to have its way in all such applicable cases, the heath and well being of every client if in the Arizona Department of Health Services/Behavioral Health Services is critically at risk of mental and emotional deterioration. this This is particularly true in the case of anybody hospitalized in The Arizona State Hospital, for I did suffer a reverse flow of applied mental health care in the context of what would have clearly been beneficial to me between the dates of early January, 2011, and late February, 2012; and despite my ongoing pleas in this specific context, pleas that I offered to ASH staff at all levels of available care for the entirety of my time there, no one person in authority so much as followed their own rules, no matter whether they were a physician, an administrator, nurse, or low level behavioral health technician. Across the board, patient abuse at ASH is rampant and occurs at every level of available mental health care there, and the flow of medical care at ASH is substandard, and they are still getting away with it! 

On May 07, 2012, the judge in this case established a requirement whereby the Arizona Department of Health Services (the parent organization of The Arizona State Hospital) was to have provided me by mail with all/any exhibits or other like evidence that they intend to submit at this upcoming 8:00 a.m., Thursday, May 17, 2012, court session in the Arizona Office of Administrative Hearings. My own rigorous requests to be provided with evidence that I know will support my allegations about the July 07, 2012, incident wherein an ASH staff member viciously assaulted and battered/injured me, and wherein ASH clinical and administrative staff subsequently engaged in systematically denying me the full due protections and liberties afforded me by state and federal law, have been suppressed and utterly rejected to this point. Come hearing time this Thursday morning, I am going to have to present whatever I can come up with in support of my belief that this entire sequence of incidents, beginning with that very point in time when the ASH staff person attacked me, has been in gross violation of my most fundamental constitutional rights.

I drafted and sent the court an electronic communication last evening as a matter of responding to the best of my ability in the face of me not having received one iota of critically pertinent evidentiary material from there representative counsel for the Arizona State Hospital/Department of Health/Behavioral Health Services. But based on my experiences to date as a self representing advocate for my status as a mentally disabled citizen of the state of Arizona, I highly doubt that my concerns as they stand today will be fully appreciated by the assigned judge in this case. In the lat 24 hours, I have had to accept the idea that the hearing will go on as scheduled, despite my clearly expressed concerns about the issue of me having not been provided with this data. Below is a copy of the court's acknowledgment that my most recent communication with them was received.along with a copy of my related statement:
  
This is a message from the Arizona Office of Administrative Hearings to inform you that a motion has been submitted for 2012-BHS-0263-DHS. The details are as follows:
Docket number: 2012-BHS-0263-DHS
Hearing date: May 17, 2012
Filed by: 
P--- ----------- (aka PJ Reed), appellant.
Filed on: 5/13/2012
Sent to: Administrative Law Judge
Copies e-mailed to: (none specified)


         I am requesting that a motion be made to restrict any/all evidence in this matter submitted by the appellee on the basis of the fact that despite a May 07, 2012, court order, whereby I was to be provided by mail with a any such materials no later than May 10, 2012, I have not been provided with any such data whatsoever.

NOTE: I have searched high and low via the AZ Attorney Generals website and so on for Joel Rudd's e-mail address, but cannot find it anywhere. At this late date, I do not feel there is any point of me going to the trouble of putting a copy of this motion in the mail to Joel Rudd, not to mention the fact that I cannot afford the copying and printing and postage costs at this time. I am indigent, mentally dialed (SMI), and feel that the task of constantly contacting Mr. Rudd by mail is overly onerous on me as the appellant in this case. Such burdensomeness is in contradiction to the applicable findings and objectives of the state's administrative appeal process when it come to aggrieved persons such as myself, and I attest to the fact that it aggravates my basic condition as a disabled person to be so overly burdened in this case.

Also, I need to request at this time that I be allowed to appear telephonically at the May 17, 2012, hearing in this case. I have already arranged to have this provided to me by NARBHA, and will be on a phone in an office of the Guidance Center. I will be in contact again in order to more fully provide OAH with specific logistical information in this context within 48 hours (by close of business, Tuesday, May 15, 1012). Likewise, please advise me as soon as possible about anything more I need to do in this context. Thank you.


Copies e-mailed to: (none specified)
Filing party will also notify:
I am requesting that the Appellee's representative counsel, Joel Rudd, Esq., be provided with the above information. Again, the Office of the AZ Attorney General's website discloses no electronic contact information to my knowledge at this time.
  


(END OF 5/13/12 RECORD, RE: 2012-BHS-0263-DHS. )

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In closing, I will keep the the details of this process rolling as this week continues. I am trying to get in touch with my media contacts, too, because it is time for this whole charade to go to the next level, and while I cannot today state precisely how things will develop, I can honestly say this today:

                               My people are working on it! 

Beyond that, I will just prepare for hearing as best I can from this Flagstaff motel room, with no cash funds or other like practical resources whatsoever at my disposal. Ah, the adventure of living in the underbelly of Arizona'a behavioral health care system. But I wouldn't trade it for anything right now, because there are critically serious issues to resolve, and this seems to be the only was I can can go about trying to get it done. I can always use more support, however, so whoever you are, please get on board today. Even as I write, patients at the Arizona State Hospital are still being abused, and the one's in power there are getting away it.     

paoloreed@gmail.com


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I would really love input of any kind from anybody with any interest whatsoever in the issues that I am sharing in this blog. I mean it, anybody, for I will be the first one to admit that I may be inaccurately depicting certain aspects of the conditions
at ASH, and anonymous comments are fine. In any case, I am more than willing to value anybody's feelings about my writing, and I assure you that I will not intentionally exploit or otherwise abuse your right to express yourself as you deem fit. This topic is far, far too important for anything less. Thank you, whoever you are. Peace and Frogs.