Santa Barbara Judge Thomas Adams ruled that David Attias — the former UCSB student declared legally insane after plowing his car into a busy Isla Vista street 11 years ago, killing four pedestrians and seriously injuring a fifth — no longer poses a danger to the health and safety of others or himself and should be released from the confines of Patton state mental hospital where he’s been held since 2002.
Instead, Judge Adams granted Attias’s petition to be released to an unlocked outpatient treatment program, supervised by the state’s Forensic Conditional Release Program (CONREP) in Ventura County. In making his ruling, Adams — who presided over the initial trial when a jury found Attias not guilty by reason of insanity — relied heavily upon the testimony of the mental health professionals who’ve worked closely with Attias in the intervening years.
Adams described them as being “four highly educated, well trained, and extremely experienced” individuals. They’d worked with Attias “one-on-one,” he wrote in his ruling, and “had no vested interest in the outcome.” By contrast, the prosecution presented only one expert witness — Dr. Margaret Hagen — whom Adams described as a “well-paid mental health expert” who testified that “she never personally interviewed David Attias, nor had she had occasion to personally meet with any of the treating mental health professionals for Mr. Attias.”
Hagen testified that given Attias’s history, he would always present an unacceptable risk to others and should never be released. But she also expressed widespread doubt about the practice of forensic psychology in general and whether most therapeutic practices can be justified based on the effectiveness of treatment.
Adams said the David Attias he encountered in his courtroom this May was a far cry from the “vacant, troubled, and confused David Attias” of 2001. The judge attributed those changes to the “10 years of intensive therapy and appropriate medications” Attias received while in Patton. Lastly, Judge Adams highlighted the testimony of Dr. John Schipper of CONREP, who expressed confidence he could “safely treat” Attias with “ongoing medications and therapeutic intervention in a closely monitored environment.”
During his 10 years at Patton, Attias had been written up for numerous transgressions, most but not all relatively minor in nature. In one instance, he got seriously beat up after openly flirting with another patient’s girlfriend. In another, he sent a series of sexually explicit letters to the visiting sister of another Patton resident. In that case — which occurred in 2008 — Attias had been egged on to write by the recipient’s sister. The recipient herself testified in May how profoundly upsetting it was to get such letters from someone she’d never met.
At that time, Patton administrators had been strongly inclined to release Attias to a CONREP program. But when the letters became known, they reversed themselves. Since then, however, there were staff changes at Patton, and Attias was placed on new medications. For the past 18 months, staff testified, his behavior, his attitude — once provocative, entitled, and contemptuous — and insight into his violence have improved markedly.
At issue throughout the trial this May was the extent to which Attias will actually be supervised. His defense attorney, Deedrea Edgar, argued that the Ventura CONREP program was one of the best in the state with a maximum of only 21 clients. These, she said, could be drug tested and searched at any time, and could be sent back to Patton or county jail at a moment’s notice if they failed to comply with the terms and conditions established by Dr. Schipper, who would insist Attias — who has a history of psychotropic drug abuse — stay clean and sober, participate in group and personal therapy, and take his medications. Edgar praised the CONREP program, arguing that if such intensely supervised treatment were made more available, many crimes rooted in mental illness could be averted.
But prosecuting attorney Paula Waldman said Attias still poses a threat, adding, “It’s not a matter of if he will ever become violent again, but when.” Throughout the trial, Waldman argued — via cross-examination — that the supervision Attias would get from CONREP was more illusory than real. Once released, she pointed out, he’ll live in an unlocked group home in Oxnard with 57 others — supervised by four — in a neighborhood where drug deals openly take place on the street. To get to therapy, Attias will take a 90-minute bus ride to a treatment facility in Ventura, where — in some cases — group therapy will consist of playing board games.
To the extent Attias learned anything at Patton, Waldman argued, it was to regurgitate the therapy-speak his doctors wanted to hear. And if Attias begins to unravel — “decompensate” — she expressed skepticism that the case managers would have the clinical expertise or length of time on the job to intervene appropriately. Judge Adams addressed these concerns in a broad-brush fashion. “In the event that David Attias falters in his treatment rehabilitation,” he wrote, “he can and will be returned to Patton State Hospital to continue his residency.”
Comments
David Attias has killed and maimed far more people in SB County in the last 10 years than all the sharks in the ocean put together.... Hmmmm.
BondJamesBond (anonymous profile)
September 4, 2012 at 10:44 p.m. (Suggest removal)
I have heard of cases where drugs used for psychiatric conditions wear off over time and the medication needs to be changed. Hopefully they will stay on top of that.
It's a no-win situation for all involved.
billclausen (anonymous profile)
September 4, 2012 at 10:59 p.m. (Suggest removal)
Board games are a great tool to instill social skills and civility, as well as being potentially mentally stimulating. I'm sure any teacher or parent would concur.
Ken_Volok (anonymous profile)
September 4, 2012 at 11:38 p.m. (Suggest removal)
David Attias will likely never be fully rehabilitated. He will be a ward of the tricky science of psychoactive chemistry for the rest of his life. What Judge Adams has done with his ruling is to roll the dice with the safety of the public, in the hope that the next time David Attias' treatment falters, the outcome won't be as horrific as it was in Isla Vista eleven years ago... Unbelievable.
tswrench (anonymous profile)
September 5, 2012 at 12:18 a.m. (Suggest removal)
Board games with a Currecy element can also perpare kids for adult life by properly teaching them to "make it rain" at fine local establishments such as the Rhino. That and concept of ROI.
Stumbling_Distance (anonymous profile)
September 5, 2012 at 8:25 a.m. (Suggest removal)
The victims and their families are first and foremost on my mind. No one comes along ten years later to "free" them from the loss of their child or their permanent injuries or emotional trauma. What sort of system lets the sick perpetrator enjoy the most trouble free aftermath of such a horrific event?
I am also offended at a relatively minor issue. What judge issues a decision so riddled with typos and grammatical errors? There are several items even spell check would have found.
A high school teacher would not have given this a passing grade, and yet it is the document that effectively sets the wheels in motion to free a killer. The whole process is appalling.
eddiekd (anonymous profile)
September 5, 2012 at 8:26 a.m. (Suggest removal)
Am I the only one asking myself why this guy is still respirating?
derphammer (anonymous profile)
September 5, 2012 at 8:45 a.m. (Suggest removal)
Q: Why is this guy respirating?
(short) A: Defendant was/is? wealthy (via family) with a somewhat famous Director (see Sopranos/Miami Vice/90210 et al.) which resulted in the procurement of a very talented lawyer who pretty much managed to equate drug use (perscription + otherwise in a concurrent time frame) with that of being run of the mill insane (e.g. Carp Tea Party opinion board posters) with a jury of 12 peers from the greater SB County area.
Stumbling_Distance (anonymous profile)
September 5, 2012 at 12:55 p.m. (Suggest removal)
Judge Adams should be investigated for corruption, for this reason alone.
anonymau5 (anonymous profile)
September 5, 2012 at 3:04 p.m. (Suggest removal)
Hey, proves my point once again, if you are white and rich you can murder and molest all you want without serious repercussions, everyone else gets life in prison. Justice my a$$.
AZ2SB (anonymous profile)
September 5, 2012 at 3:04 p.m. (Suggest removal)
Money talks and Justice?
There is none in this case, the parents of this boy know a lawyer (Liar) who orchestrated a perfect Insanity Defense using the "Insiders Handbook" on how to beat they system by using a an embedded state psychiatrist to manipulate the system. Believe me I know a son of the state psychiatrist going back to the 1970's who beat a murder case (shot gunned to death two friends), same thing out in a few years. This low life attorney was so slick he used a public defender to hide his tracks, this should be investigated by the DA because the only way this happens is through insider collusion (CORRUPTION). And to the parents of Attias, YOU RAISED A DEMON!
contactjohn (anonymous profile)
September 6, 2012 at 12:40 a.m. (Suggest removal)
And Adams should be hurled off the bench and be compelled to show his bank account and the bank accounts of family members
contactjohn (anonymous profile)
September 6, 2012 at 12:48 a.m. (Suggest removal)
Sorry AZ2SB but the numbers only add up to prove that poor people get worse results, regardless of race, so save your rant about how racist this country is. Now, if you'd like to discuss how to solve this disparity by adding funds to public defense attorneys maybe we could make some headway...
italiansurg (anonymous profile)
September 6, 2012 at 11:20 a.m. (Suggest removal)
Look out, Ventura: the Angel of Death is coming to your town. If he's not the Angel of Death now, just wait until he decides to not take his medication again, and don't expect the justice system to protect you, because it's broken.
God help us all.
LegendaryYeti (anonymous profile)
September 6, 2012 at 11:32 a.m. (Suggest removal)
Sure it's not racial, he just has a caring, rich, family with connections some where, but, and you can dispute this if you want, if he would have been something other that white with all the same things going for him, would he still get this type of "justice". You can close your eyes to this disparity in justice, but the numbers will tell you who is in jail and for what. Check out how many Mexican-Americans or Blacks are released on parole for murder if they have an indeterminate prison sentence compared to white of European descent or what is considered "American" by most.
AZ2SB (anonymous profile)
September 6, 2012 at 1:27 p.m. (Suggest removal)
"Judge Adams addressed these concerns in a broad-brush fashion. “In the event that David Attias falters in his treatment rehabilitation,” he wrote, “he can and will be returned to Patton State Hospital to continue his residency.”"
The problem with this reasoning, Judge Adams, is that in this case "falter[ing] in his treatment rehabilitation" means that EVEN MORE people may die.
I'm struck that the ruling concerns itself only with what the defendant wants, and seems very dismissive about the rights of the victims, the rights of the victims' families, and public safety in general. I think it's time for Judge Adams to really retire this time and go away, because he clearly doesn't get it.
LegendaryYeti (anonymous profile)
September 6, 2012 at 8:24 p.m. (Suggest removal)
Psychiatric problems (due mainly to child abuse and drugs) are rampant. Judge and Jury had alot of Attias history to make their decision.
We need a new system to deal with psychiatrically unbalanced people because District Attorney's are skilled at law, not psychiatry. Their job unfortunately is only to win.
Judges only know the law too. I feel they should have Phd's in Psychology in child abuse and child visitation cases. Knowing the law only is a detriment.
khiggler (anonymous profile)
September 8, 2012 at 10:58 a.m. (Suggest removal)
If you kill with intent, and it is not self defense, then you spend the rest of your life in jail, even if you are nuttier than a fruitcake, PERIOD.
AZ2SB (anonymous profile)
September 8, 2012 at 11:44 a.m. (Suggest removal)
Can you tell intent by having someone inform you about what happened. If you can, you must be a genius, psychic, or an idiot.
khiggler (anonymous profile)
September 8, 2012 at 3:48 p.m. (Suggest removal)
It's not Rocket Science to determine that the self proclaimed "Angel of Death" had intent. Obviously, you're not too familiar with this case from the beginning. His actions clearly showed intent, as did his story.
cartoonz (anonymous profile)
September 9, 2012 at 2:08 p.m. (Suggest removal)
It's foolish all around given his life history to have him in any unmonitored situation.
Ken_Volok (anonymous profile)
September 9, 2012 at 2:12 p.m. (Suggest removal)
So he accidentally stepped on the gas and crashed into the victims, that is what you are telling me? Or that proves nothing because that wasn't what he meant to do when he hit these people or screamed out that he was "the angel of death", just an accident, right?
AZ2SB (anonymous profile)
September 9, 2012 at 7:31 p.m. (Suggest removal)
Why did the prosecutors expert witness not interview Attias?
locke (anonymous profile)
September 9, 2012 at 8:50 p.m. (Suggest removal)
That's a good point, locke - I wondered about that myself. I wonder if the DA's office felt there was no way the judge was going to grant the defense request for a conditional release, and thus did not present the best argument against the release that they might otherwise have. I don't know, but I don't think the DA's office put their most experienced and seasoned deputy on this matter, and I don't think public safety was well-served by this ruling, either.
LegendaryYeti (anonymous profile)
September 10, 2012 at 2:31 p.m. (Suggest removal)
There is no justice in this decision.
AZ2SB (anonymous profile)
September 10, 2012 at 8:40 p.m. (Suggest removal)