greg (grysar) wrote,

Quite the literal catch-22

So, Jose Padilla. Remember him? American citizen, accused of wanting to use a dirty bomb in May 2002. Well he's finally in the actual criminal justice system as of November 2005 and was alleging mistreatment during that whole no-heabas corpus period.

So he's trying to avoid trial by claiming he's not competant to stand trial.

The government itself cited the affidavit of apsychiatrist for the defense, Dr. Angela Hegarty, who said that Mr. Padilla did not understand the nature and consequences of the proceedings against him and that he suffered "impairment in reasoning"as a result of post-traumatic stress disorder "complicated by the effects of prolonged isolation."

Mr. Padilla’s lawyers said heopposed this request that his competency be evaluated. Dr. Hegarty, one of two mental health professionals who examined him, said Mr. Padillawas "fearful of being thought of as crazy." She described him as "hypervigilant," his eyes darting about, his face twitching intogrimaces, his "startle response" on constant high alert.

The government is actually supporting his request for a competancy hearing. Why, you might ask?

Judge Cooke set a hearing date for Monday to address these motions. But the government said yesterday that it would be pointless to discuss accusations of government misconduct based on Mr. Padilla’s word if his competence was in question. The government vehemently denies that Mr. Padilla was mistreated in military custody.

Nice little system there. Abuse people until they're crazy. Then, because they're crazy, "it would be pointless to discuss accusation of government misconduct based on [their] word."

Paraphrased from: Balkinization
News Source: New York Times
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