Hello fellow liberty lovers

Hello Keeniacs.  My name is Corey, I have been a Keene resident off and on for the past five years.  I have followed the NH liberty movement for the past few years although I have never been more than an arm chair activist myself.  Recently I have had the opportunity to apply  the principles of civil disobedience to my situation.  I have recently been committed to the acute psychiatric center of New Hampshire Hospital as I was found to be a danger to myself and others; in a court room housed inside this facility.  I have not committed, nor have I been charged with any crimes. 

I wont go into the back story here, but for those who are interested I will be posting all of the original documents from my case on my website libertypenpal.com as soon as I am out of the "hospital".  Currently I am back after my July 20 th conditional release for refusing to take the 5mg of Haldol that was prescribed daily.  I began "cheeking" these in the hospital after it became clear that I wouldn't be released without taking pills.  Haldol was also commonly prescribed in Soviet "psikhushkas".

I am posting today in the hope of finding some like minded individuals with some legal knowledge for advice on filing a writ of habeas corpus.  I would appreciate any insight.  Thanks in advance. -Corey

Yikes - welcome - I hope you can find the help you're looking for!

Ah yes, Haldol, a.k.a. the chemical lobotomy.

Welcome!  I'm fascinated to learn more about your story.  I know there is a lot of bullshit going on in those institutions.  They seem to love to drug people up and forget about them.

I know how you feel.  I was institutionalized when I was younger by my parents.  I, too, refused drug treatment (albeit a much lesser drug- Zoloft and then adderall).  I would like to know more of your story as well.

Exactly its like that George Carlin skit, bullshit is the glue that holds this system together.  Constitutional safe guards and civil rights are just obstacles to be circumvented or ignored by mental health establishment in their quest to provide "help".  Divorces take place in superior court yet a person can be sentenced to a five-year detainment and forced drugging in a probate court on the second floor of the hospital.  No jury no witnesses.

Basically I’m here now because I am a conspiracy theorist who just happens to also be a bit of a vagabond.  My parents happen to prescribe to the bs that the mental health system will turn me into a stable adult with a long term job, a little white house, a wife, and 2.5 kids.  When you add the fact that I own a firearm, well every good citizen knows that only homicidal white supremacist, puppy rapists own guns.  I plan to post all of the documents on my website once I get out.

Thanks Anton I know there are a lot of people out there who have experienced this.  Its just discouraging to see the majority of the people in here who really believe that taking four different psych meds is going to make their lives better.

I wanted to give a quick update, wasnt sure if I should post this here or elsewhere so I decided to just continue the thread.  Im still at NHH, still refusing their drugs.  They have offered a "compromise" of 25 mg of seroquil in order for me to be rereleased on conditional discharge, I declined.  I also have no insurance and have refused to apply for medicaid, this is costing them a reimursment of about a thousand dollars a day.  I have viewed my file and its full of half truths and utter BS.  I am still putting my habeas petition together, the only relief I am requesting from the court is a retrial by jury.   

Don't take the meds, man.  They want you not to be able to think straight.

Hey all.  I finnished my habeas petition and mailed it today (well handed it to hospital staff to be mailed anyways) I started with grand plans of a real official looking petition but I decided not to try to cite case law.  As long as I bring up these issues with the state I can file it with NH district federal court later.  Their petition is a form specifically designed for pro se litigants.

The State of New Hampshire
Merrimack County Superior Court
 

Corey M. Lang

V.

Merrimack County Probate Court

And

Paula L. Mattis, CEO

New Hampshire Hospital

 

Petition for Writ of Habeas Corpus

 

            Now comes petitioner Corey M Lang who respectfully requests this honorable court for a writ of habeas corpus to be issued pursuant to the provisions of RSA 534, for himself currently held at New Hampshire Hospital and to grant Mr. Lang a new trial.

 

As grounds it is stated:

 

1.      Mr. Lang was confronted by six members of the Hinsdale, NH police department dressed and armed for tactical entry outside his parent’s home where he was residing at the time on 06/23/2010.  He was taken into custody and transported to Cheshire Medical Center against his will.  Mr. Lang refused admission to the psychiatric wing and a petition for involuntary emergency admission was then completed, he was transported to New Hampshire Hospital in Concord, NH.  On 06/25/2010 probable cause was found for his detention under the standard of RSA 135-C:27 I ©.  On July 13 2010 Mr. Lang was determined to be a danger to himself and others due to “mental illness” in the probate court of Merrimack County.  The entirety of the evidence consisted of witness statements and the opinion of two psychiatrists.  No physical evidence was presented.  With little faith in the allegiance of his counsel and with the knowledge that civil commitment proceedings are often performed without the accused in presence, Mr. Lang agreed to an eight-month commitment.

 

2.      There is not now in existence an objective scientific test that can determine either “mental illness” or “dangerousness” as defined in RSA 135-C: 34. The standard can be met only as a matter of opinion on part of a psychiatrist.  Mr. Lang having been accused of being “mentally ill” and “dangerous” could never entirely dispel these accusations regardless of the evidence he produced, this effectively placed an insurmountable burden of proof on the accused.

 

3.      The second amendment of the U.S. Constitution states “ the right of the people to keep and to bear arms, shall not be infringed.”  Art 2a of the New Hampshire bill of rights states “All persons have the right to keep and to bear arms in defense of themselves, their families, their property and the state.”  Probable cause was found for Mr. Lang’s detention based on an “inability to care for himself”. The entirety of the evidence for the accusation of Mr. Lang’s alleged “dangerousness” is based on his ownership of a firearm.  There is no history of violence, threats, intentional self-injury, nor any accusations of these behaviors.

 

4.      The sixth and fourteenth amendment to the US constitution guarantees all citizens fair proceedings when a loss of liberty is at stake.  However Mr. Lang raises the following issues with his proceedings:

 

 

 

A.  Mr. Lang was denied his request to proceed pro se for his probable cause hearing on 06/25/2010.  Mr. Lang was also denied access to materials to prepare his defense prior to said hearing.  Mr. Lang made several requests for access to the legal library, computers with Internet access and a copy of his petition for involuntary emergency admission these were not provided until after the hearing was completed. 

 

B.    Court appointed counsel for Mr. Lang’s involuntary admission hearing failed to inform Mr. Lang that all witnesses presenting statements could be compelled to testify.  He also failed to advise his client that a large portion of the statements amounted to hearsay twice and three times removed from its alleged source.  Mr. Lang’s counsel spoke with praise of how the hospital helped people in need, and told his client that the “process was designed to get him the help he needed”.  Counsel also refused to request a change of venue for a jury trial at Mr. Lang’s request.  Stating to his client: “I don’t believe you have that option in this case”.

 

C.    Article 19 of the New Hampshire bill of rights and the fourth amendment to the US Constitution protect an individual from warrantless searches, and seizures of themselves or their property.  Mr. Lang was taken into custody outside his residence by the Hinsdale police department, acting on information not of an emergency nature, without a warrant or an order for a compulsory mental examination under RSA 135C-28.  These facts alone would have freed Mr. Lang for lack of probable cause had his attorneys performed the most basic of advocacy seen in criminal proceedings, such as obtaining a copy of the police report from when Mr. Lang was taken into custody.

 

5.  Art 20 of the New Hampshire Bill of Rights guarantees jury trials in civil cases “except those in which the value in controversy does not exceed $1500”.  Mr. Lang faces a potential monetary loss that far exceeds this amount by virtue of his detainment and the lost future opportunities due to the stigma of having been adjudicated “mentally ill”.  Jury trials are provided for criminal defendants facing more than six months of detainment.  However Mr. Lang faced a detainment of up five years without the benefit of a jury trial. 

 

Parties

 

 

6.  The corpus of the petioner, Corey Michael Lang, can be found at the place where he is currently detained, New Hampshire Hospital 36 Clinton Street, City of Concord, County of Merrimack, State of New Hampshire.

 

7.      The respondent, Paula L. Mattis is the acting CEO of New Hampshire Hospital, 36 Clinton ST. 03301, and has immediate and direct custody over Mr. Lang.

 

8.      The Merrimack County Probate Court is reachable through its Register, Jane D.W. Bradstreet, at 163 North Main Street, Concord, NH 03302

 

Conclusion

 

The thirty-day time period for direct appeals has expired in Mr. Lang’s case.  Mr. Lang raises concern over mainly procedural elements of his case.  For this reason Corey Michael Lang respectfully requests this honorable court to issue a writ of habeas corpus and to order a new trial.

 

 

Dated October  , 2010

 

 

Corey M. Lang

C-Unit New Hampshire Hospital

36 Clinton Street

Concord, NH 03301

(603) 271-0469

 

      I hereby certify on this eighth day of October 2010, a copy of the foregoing is being forwarded to Paula L. Mattis, CEO New Hampshire Hospital; to Jane D. W. Bradstreet, Register, Merrimack County Probate Court; and to Lynne S. Mitchell, Attorney for the respondent.

 

 

 

Dated October  , 2010

 

Corey M. Lang

Hi all.  By some minor miracle I attended a hearing today in Superior Court regarding my petition.  Doesnt that mean my petition was granted?  Was my writ issued?  I dont know for whatever reason the state decided to square off with me in court today and I felt it went pretty well.  The attachments to their motion to dismiss supported many of my claims.  I feel I argued my case well, I only wish I had it all on video.  The "mentally ill" and "dangerous" man proceeding pro se V. The Assistant Attorney General representing The State of New Hampshire.

[quote author=svcowboy link=topic=4015.msg44879#msg44879 date=1285110004]

I have recently been committed to the acute psychiatric center of New Hampshire Hospital as I was found to be a danger to myself and others; in a court room housed inside this facility.  I have not committed, nor have I been charged with any crimes. 

  Currently I am back after my July 20 th conditional release for refusing to take the 5mg of Haldol that was prescribed daily.  I began "cheeking" these in the hospital after it became clear that I wouldn't be released without taking pills. 

I am posting today in the hope of finding some like minded individuals with some legal knowledge for advice on filing a writ of habeas corpus.  I would appreciate any insight.  Thanks in advance. -Corey
[/quote]


"I have recently been committed to the acute psychiatric center…  I have not committed, nor have I been charged with any crimes. "
So was this involuntary? how so? who signed the papers? How old are you?

"Currently I am back after my July 20 th conditional release for refusing to take the 5mg of Haldol that was prescribed daily. …clear that I wouldn't be released without taking pills. "
What's a 'conditional' release for refusing to take pills mean? You refused and the let you go pending what exactly?

And lastly, I highly suggest checking out this link and at ALL costs avoiding the dreaded lobotomy - http://www.cchr.org/cchr-reports/important-notice-for-the-reader.html

"Through CCHR’s diligence, thousands of victims of abuse have been rescued; patients have regained their legal and civil rights; mental health acts around the world have prohibited the arbitrary use of electroshock treatment, psychosurgery and banned deep sleep (narcosis) treatment and insulin shock. Legislation now exists to ensure psychiatric rape of patients is dealt with through the criminal courts, and many hundreds damaged by psychiatric “treatment” have been compensated. Internationally, drug regulatory agencies now regularly warn of psychotropic drug risks."

good luck!

Has the hospital stated which 'mental illness' they claim you have?

[quote author=holy_canole link=topic=4015.msg47467#msg47467 date=1290015257]
Has the hospital stated which 'mental illness' they claim you have?
[/quote]

ALL OF THEM

[quote]So was this involuntary? how so? who signed the papers? How old are you?
[/quote]

It was an involuntary admission intiated by my parents.  I had been living with them for the previous three months after returning from FL.  I had been living out of my car down there and never really had a residence.  I had worked, saved a little money and I was planning to leave for the southwest on the 25th after collecting my last check.  I am 31 years old.

[quote]What's a 'conditional' release for refusing to take pills mean? You refused and the let you go pending what exactly?
[/quote]

My conditional discharge began in late July.  I had started "cheeking"(pretending to take them) while in the hospital so I could get out.  My court ordered outpatient psychiatrist wanted to check my blood levels after I had been out for a few weeks.  So I told him that they was no point because I hadnt taken the drugs.  I was sent back a few weeks later aftermissing a couple appointments with my case manager.  She was also pissed because I refused to apply for SSDI and medicaid so that Monadnock Family Services would get paid for my visits.
[quote]"Currently I am back after my July 20 th conditional release for refusing to take the 5mg of Haldol that was prescribed daily.[/quote] Should read:"My July 20th conditional release has been revoked for refusing to take the 5mg of Haldol that was prescribed daily"

Also thanks for the link.  I especially liked the article titled "Eroding Justice"

[quote]Has the hospital stated which 'mental illness' they claim you have?[/quote]
They have a couple differential diagnoses, none of which will look to good on a resume

[quote] They have a couple differential diagnoses, none of which will look to good on a resume [/quote]

I understand if you don't want to share them, but I'm interested to hear what they are.

I'd like to ask (and you don't have to answer any of this if you don't want to), do you feel you have been a danger to others in the past? Do you feel you're a danger now?

Do you have friends who can help you through this – back you up if you're being unfairly treated, or give you feedback about how you're doing?

If you are presently actually in trouble with the state and the ward you need to take action, the actual "disease" or diagnosis they have labeled you is irrelevant, they ARE above the law, way above the law.
More so then any other federal agency or slob sitting behind a bench.

Take action here:   http://www.cchr.org/take-action/report-psychiatric-abuse.html
"Report Psychiatric Abuse — It’s a Crime

Vulnerable people who have sought help from psychiatrists and psychologists have been falsely diagnosed and forced to undergo unwanted and harmful psychiatric methods. Many thousands have died. CCHR investigates these and other psychiatric abuses. We can assist you with your evidence and reports of criminal psychiatric practice."

get educated, Dr. Thomas Szasz, Shane Ellison and many others, all links and data can be found http://www.cchrint.org/

Currently, Senator Grassley has ordered a federal investigation into medicaid fraud involving wards such as this and top prescribing psych's all over the country as well. You may want to pick up additional information by looking into what he currently undertaking as well.

There are quite a few groups and individuals out there who may be able to help you: http://www.mindfreedom.org/

"Celebrating 24 years of united independent activism for human rights and humane alternatives in mental health. MindFreedom International is a voice for survivors of abuse in mental health care. All are welcome to join, today!"

Try googling things like alternative psychiatry or things of that nature, but I highly suggest you do something.

Plus here is an article regarding the exact procedures you had mentioned previously you may find of interest: http://www.guardian.co.uk/society/2010/oct/27/mental-health-patients-hospital-law

"Patients detained in hospital can be discharged under CTOs and supervised by a doctor who stipulates a strict prescription of medicines and can sometimes restrict patients movements. If a patient refuses, they can be returned to hospital."
Note from CCHR: This article highlights the need for CCHR’s Mental Health Declaration of Human Rights to be universally adopted.  CCHR is the only organization to have drafted human rights guidelines for the field of mental health,  something desperately needed as there are virtually no rights granted to those psychiatry determines, by opinion alone, are “mentally ill.”  Read the declaration here: http://www.cchrint.org/about-us/declaration-of-human-rights/


Question: Why is it filed in a probate court?


[quote]do you feel you have been a danger to others in the past? Do you feel you're a danger now?
[/quote]

Dangerousness is such a vague term.  Have I ever threatened or assaulted anyone? No I havent.  I do have a DUI in the past though.  Im also a gearhead who likes fast vehicles I could see how that might be seen as dangerous as well.

[quote]Question: Why is it filed in a probate court?[/quote]

Because it is a quasi "civil" proceeding.  And therefore immune to many due processes forwarded to criminal defendants.

 

[quote author=svcowboy link=topic=4015.msg47565#msg47565 date=1290176582]

[quote]do you feel you have been a danger to others in the past? Do you feel you're a danger now?
[/quote]

Dangerousness is such a vague term.  Have I ever threatened or assaulted anyone? No I havent.  I do have a DUI in the past though.  Im also a gearhead who likes fast vehicles I could see how that might be seen as dangerous as well.

[/quote]

Well, unless you have a regular hobby of spending Saturday nights blazing down residential streets and through red lights at 100 mph, that doesn't even close to justify holding you, let alone forcing psychotropic drugs on you in my view.

"Danger to others" should be a description of someone who is repeatedly threatening and/or assaulting others, imo.

[quote]Well, unless you have a regular hobby of spending Saturday nights blazing down residential streets and through red lights at 100 mph, that doesn't even close to justify holding you, let alone forcing psychotropic drugs on you in my view.

"Danger to others" should be a description of someone who is repeatedly threatening and/or assaulting others, imo.
[/quote]

They are only holding me because Im refusing meds.  This place isnt a jail its actuallly pretty laid back there is a gymnasium, a recreation room, and library all for "Recreation therapy".  There is Three day areas in each unit with a TV one on the male wing one on the female and one for coed use.  Its all done under the assumption that they are "helping" and they only want to "improve the patients quality of life."  Thats part of what makes it so maddening that its the ultimate in nanny state meddling.

"Danger to others" is described the way you would expect in rsa 135c 27:  http://www.gencourt.state.nh.us/rsa/html/X/135-C/135-C-27.htm

However that isnt the only criteria for intial admission.  I was admitted under RSA 135C-27©

"Danger to others" lacks any definition in RSA 135C-34 which is the standard used for long term commitment.  It is left solely to the discretion of the psychiatrist:

http://www.gencourt.state.nh.us/rsa/html/X/135-C/135-C-34.htm