Omaha’s News Leader sat down with retired Nebraska District Court judge Leigh Ann Retelsdorf to discuss the legal procedures state courts are required to adhere to when handling insanity pleas.She noted how courts are required to select the “least restrictive” treatment plan for people suffering from mental illness.”It’s going to cost money,” Retelsdorf said. “But we have to have some ability to put some guardrails in here.”READ MORE: After Walmart attack, former District Court judge explains how courts, defense system manage insanity pleasWe took these concerns straight to Nebraska state senators.Retelsdorf signed the 2024 order for Noemi Guzman, the suspect in the Walmart slashing, which allowed Guzman to stay in the community.In Nebraska, the court is required to select the “least restrictive” treatment plan.An Iowa attorney said if defendants are suffering from mental illness, they’re required to undergo 180 days of treatment or the amount of time of their potential sentence, “whichever is shorter,” according to Iowa’s law.READ MORE: Get the Facts: Nebraska Medicine explains schizophreniaPottawattamie County attorney Dan Salvo-McGinn laid out a similar procedure that Nebraska courts are required to adhere to for insanity pleas.If an Iowa court finds a person is suffering from mental illness, they are sent to Oakdale, Iowa, for treatment.”If the competency can’t be restored, the case ends up getting dismissed with prejudice,” Salvo-McGinn said, which he explained means the case cannot be reopened.He said if they don’t find restoration possible, they evaluate the person’s risk to themselves or the community, before deciding where to continue treatment.”The state has the option to do a mental health commitment proceeding,” Salvo-McGinn said.A decision the Iowa District Court made back in 1992 in Kimberly Martin’s case, after officers pulled her over and found her two children dead in her car.”Experts have indicated that she was anything but insane at the time,” Leo Connolly, district judge assigned to the case, said in the hearing.Salvo-McGinn said after this decision, she was to remain in in-patient care; however, “one doctor, who wasn’t involved in the original proceedings, he decided she wasn’t a danger to the public. So she was released,” he recalled.Nebraska state Sen. Kathleen Kauth has proposed expanding commitment petitions to include relatives and close friends.”It’s terrible to say that people need to be locked up, but sometimes for their own safety and for the safety of the community, we need to relook at that,” she said.Kauth highlights the attempted kidnapping at a Walmart that left a child hurt as a prime example.”This woman had committed serious crimes two years prior, and was deemed incapable of standing trial, and then was let out into the community because that’s how the law is written,” Kauth said. “So, we’ve got to change that law.”Nebraska state senators and McGinn all agree that there needs to be a shift in mental health resources.”The commitment to serving mental health just isn’t where it needs to be,” McGinn said.He said Methodist Jennie Edmundson Hospital will be opening a new behavioral center this year aimed at improving mental health.State Sen. Kauth said that although her bill failed in the legislature this year, she is working to bring a new and improved bill back into the legislature next session.Make sure you can always see the latest news, weather, sports and more from KETV NewsWatch 7 on Google search.NAVIGATE: Home | Weather | Local News | National | Sports | Newscasts on demand |
, Neb. —
Omaha’s News Leader sat down with retired Nebraska District Court judge Leigh Ann Retelsdorf to discuss the legal procedures state courts are required to adhere to when handling insanity pleas.
She noted how courts are required to select the “least restrictive” treatment plan for people suffering from mental illness.
“It’s going to cost money,” Retelsdorf said. “But we have to have some ability to put some guardrails in here.”
We took these concerns straight to Nebraska state senators.
Retelsdorf signed the 2024 order for Noemi Guzman, the suspect in the Walmart slashing, which allowed Guzman to stay in the community.
In Nebraska, the court is required to select the “least restrictive” treatment plan.
An Iowa attorney said if defendants are suffering from mental illness, they’re required to undergo 180 days of treatment or the amount of time of their potential sentence, “whichever is shorter,” according to Iowa’s law.
READ MORE: Get the Facts: Nebraska Medicine explains schizophrenia
Pottawattamie County attorney Dan Salvo-McGinn laid out a similar procedure that Nebraska courts are required to adhere to for insanity pleas.
If an Iowa court finds a person is suffering from mental illness, they are sent to Oakdale, Iowa, for treatment.
“If the competency can’t be restored, the case ends up getting dismissed with prejudice,” Salvo-McGinn said, which he explained means the case cannot be reopened.
He said if they don’t find restoration possible, they evaluate the person’s risk to themselves or the community, before deciding where to continue treatment.
“The state has the option to do a mental health commitment proceeding,” Salvo-McGinn said.
A decision the Iowa District Court made back in 1992 in Kimberly Martin’s case, after officers pulled her over and found her two children dead in her car.
“Experts have indicated that she was anything but insane at the time,” Leo Connolly, district judge assigned to the case, said in the hearing.
Salvo-McGinn said after this decision, she was to remain in in-patient care; however, “one doctor, who wasn’t involved in the original proceedings, he decided she wasn’t a danger to the public. So she was released,” he recalled.
Nebraska state Sen. Kathleen Kauth has proposed expanding commitment petitions to include relatives and close friends.
“It’s terrible to say that people need to be locked up, but sometimes for their own safety and for the safety of the community, we need to relook at that,” she said.
Kauth highlights the attempted kidnapping at a Walmart that left a child hurt as a prime example.
“This woman had committed serious crimes two years prior, and was deemed incapable of standing trial, and then was let out into the community because that’s how the law is written,” Kauth said. “So, we’ve got to change that law.”
Nebraska state senators and McGinn all agree that there needs to be a shift in mental health resources.
“The commitment to serving mental health just isn’t where it needs to be,” McGinn said.
He said Methodist Jennie Edmundson Hospital will be opening a new behavioral center this year aimed at improving mental health.
State Sen. Kauth said that although her bill failed in the legislature this year, she is working to bring a new and improved bill back into the legislature next session.
Make sure you can always see the latest news, weather, sports and more from KETV NewsWatch 7 on Google search.
NAVIGATE: Home | Weather | Local News | National | Sports | Newscasts on demand |