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Sunday, Nov 8, 2009
Q: Going to direct your attention specifically to July 9th of 2008, could you tell the court what your contact was with the named respondent at that time?
A:Um, on July 9th, um, the respondent was in a group, um, uh, one of our group sessions, um, and he was extremely agitated, um, out of control, um, and came into group, um, and I, um, asked him what was going on, and, um, he proceeded to describe to the group, um, a very long and detailed homicidal plan and intention to, um, that he had bought a bulletproof vest, had obtained a gun, um, a very detailed plan to, um, kill, uh, his co-workers, um, to, um, that because he was about to be indicted on capital murder charges, he was going to go out in a blaze of glory, um, that he was going to take everybody out with him, um, that he had been roaming the streets of Frederick, um, trying to pick a fight with somebody so he that could stab them, um, um, that they weren't going to take him out without a fight. Um, and um, I asked him more specific details because I know the client so well, um. I knew that he plots and plans, so, um, I tried to get as much detail as possible, um, and, um, he described in detail exactly what he was going to do, um, at his place of employment, um, and, um, and he described those plans in detail.
Q: Based on that, did you have him committed?
A: I did. Um, I contacted both of his attorneys. Um, I had contacted uh Captain Byrnes [sp?] of the Frederick city police. Um, they went to his place of employment, um, and picked him up, and had him committed to FMH.
Q: And after Frederick Memorial Hospital, to the best of your knowledge, where was he transported?
A: He was transported the following day to Sheppard Pratt high security and put on, uh, homicidal and suicidal watch.
Q: Okay. And he is presently being discharged from that location as we speak, is that correct?
A: Ugh. Yeah, well, uh, to back up, on July 16 he was supposed to have a permanent commitment hearing, um, and on the advice of his attorneys, um, he avoided the commitment hearing by having himself voluntarily placed.
Q: And let me ask you some questions. You understand that you’re here today asking the court to grant a peace order for him to not have any contact whatsoever with you. It’s my understanding that during the course of him being at Sheppard Pratt, there were several voice mail messages that were left for you. Is that correct?
A: Correct, from FMH, at 4:25 a.m. and at 4:28 a.m.
Q: On what date?
A: On July 11 he left me two voice messages.
Q: And is that a.m. or p.m.?
A: a.m.
Q: And what did the first voice message say, Ms. Duley?
A: The first voice message was sort of a ranting, blaming me for, um, um, having, um, this done to him, um. It was sort of just rambling. Um, same with, uh, three minutes later, um, saying that obviously we no longer have a therapeutic, um, relationship, um, and how could I do this to him, um. The following one was on July 12th at 11:25.
Q: Was that a.m. or p.m.?
A: a.m.
Q: And what did he say during the course of that message?
A: That was from Sheppard Pratt. That one was, um, rather scary. He, um, he very calmly thanked me for ruining his life and opening, allowing the FBI to now be able to prosecute him for, um, the murders and, um, that it was all my fault, um, um, and um, it's going to be my fault that they can now get him.
Q: And, we don’t have those tapes physically today, is that correct?
A: Um, the FBI does.
Q: And why do they have those tapes?
A: Um, because they need to enter it into evidence for the grand jury hearing.
Q: At this time, Ms. Duley, are you fearful for your personal safety?
A: I am and so is the FBI.
Q: OK. And can you tell the court why it is based on what you have testified to during the course of, since July the nineth, that you are fearful of your safety?
Duley: Um, as far back as the year 2000, the respondent has actually, um, um, attempted to murder several other people, um, either through poisoning, um, he is a revenge killer, um, when he feels, um, that he's been slighted, or, um, um, has had, um, especially towards women, um, he, uh, plots and actually tries to carry out revenge killing, um. He has been forensically diagnosed by several top psychiatrists as a sociopathic, homicidal killer, um. And I have that in evidence. I do have, um, um, and through my, um, working with him, um, I also believe that to be very true.
Q: And you are, as you’ve already testified, cooperating with the FBI with regard to the United States Assistant Attorney’s case with regard to the grand jury, is that correct?
A: Yes.
Q: And it’s my understanding that you’ve requested that Federal Bureau of Protection offer you some sort of protection and you’ve indicated they’re not able to do that?
A: They’re going to be following him. He is being released today. Um, and, um my assigned FBI agent actually very much suggested I get a protection order, um.
Q: Is there anything further you think Judge Roberts needs to know regarding the situation before he makes a decision?
A: I'm scared to death.
Rights of Persons in Maryland's Psychiatric Facilities - 2002
Department of Health and Mental Hygiene
In order for you to be involuntarily admitted,
ALL OF THE FOLLOWING MUST BE TRUE:
• you have a mental illness;
• you need inpatient care or treatment;
• you present a danger to yourself or to others;
• you are unable or unwilling to be admitted voluntarily;
• there is no available, less restrictive form of care or treatment to meet your needs.
The hospital also must discharge patients who no longer need inpatient care or treatment, are not dangerous, and can care for themselves or can be cared for by others who are willing to do so. If you have been committed involuntarily, you will be discharged when your treatment team determines your condition has stabilized sufficiently for you to return to the community
If your current admission status is based on a written application for voluntary admission and you wish to be discharged, you must inform the staff, in writing, of your desire to leave. You may not be held for more than three days (72 hours) after formally requesting release, unless your status is changed to an involuntary admission. If your treatment team believes you are not ready for discharge, the physician will discuss this with you and may place you on involuntary commitment status. If you are certified as an involuntary commitment, you will be scheduled for an administrative hearing within 10 days. If you do not meet ALL the criteria for an involuntary admission as shown on page 2, the Administrative Law Judge will release you from the hospital.
Maryland Civil Commitment Law
Administrative Hearing Provision
Maryland Code Annotated, Health-Gen. Art. § 10-632. Notice and time of hearing; hearing officer; decision. (2003)
(e) Decision.- The hearing officer shall:
(1) Consider all the evidence and testimony of record; and
(2) Order the release of the individual from the facility unless the record demonstrates by clear and convincing evidence that at the time of the hearing each of the following elements exist as to the individual whose involuntary admission is sought:
(i) The individual has a mental disorder;
(ii) The individual needs in-patient care or treatment;
(iii) The individual presents a danger to the life or safety of the individual or of others;
(iv) The individual is unable or unwilling to be voluntarily admitted to the facility;
(v) There is no available less restrictive form of intervention that is consistent with the welfare and safety of the individual; and
(vi) If the individual is 65 years old or older and is to be admitted to a State facility, the individual has been evaluated by a geriatric evaluation team and no less restrictive form of care or treatment was determined by the team to be appropriate.
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