BENNINGTON — The Miles Hall case raises concerns for prosecutors, criminal defendants and mental health advocates trying to strike a fair balance between acceptable levels of community safety and treatment of fellow citizens with mental health issues. For businesses, it once again highlights the difficulty of dealing with Vermont’s law. Criminal justice system.
Hall, 41, went on trial earlier this month on several charges stemming from an incident in Bennington in June 2022. The charges included intimidation, stalking and trespassing.
According to a police affidavit and witness statements at trial, Hall stalked the family and threatened to kill them in June 2022. Police also accused Hall of threatening several area residents with violence and death, including a Bennington judge and the Bennington state’s attorney.
During the two-day trial, it was revealed that Hall suffered from severe bipolar disorder and was in a “manic” state at the time of these incidents. After two hours of deliberation, the jury found Hall not guilty by reason of insanity.
On Wednesday, Hall appeared before Bennington Judge Kelly MacDonald Cady again, this time for a post-sentence mandatory hospitalization hearing. Both parties agreed that, in all respects, Mr. Hall is currently compliant with his medication and does not require hospital treatment. Both sides also agreed that a non-hospitalization order was appropriate. The only issue was that State Attorney Jared Bianchi’s attempt to force Hall to take the medication in a medical setting to ensure compliance. The defense opposed this proposal, calling it intrusive.
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For Bianchi, it’s an issue he’s struggled with for some time. The problem for him is that Vermont’s statute doesn’t address public safety concerns in situations like this. They also fail to address the long-term problem in Mr. Hall’s case: when someone suffering from a mental illness stops taking their medication. Where is the line between individual rights and public safety concerns? Bianchi made that clear during Wednesday’s hearing.
“I would ask that you make an order based on public safety, but there is no basis for that under current law,” Bianchi told the judge at the beginning of the hearing. “Instead, we would like to be able to request an order specifically made to deal with Miles’ particular case. [have] I heard through the trial that this is a long-term and cyclical problem for him, but the law doesn’t allow for that. [for] That’s because such actions are prohibited beyond the 90-day period. Lastly, I would like to ask that you give consideration to the impact on victims and their safety. According to the statute, that is also not part of the analysis.all we have left to do is ask [that] He takes his medication in a medical setting, so we can at least see that part. ”
There are two sides to this issue. The order cannot be enforced if the individual is behaving in a way that does not fall under a defined mental illness, such as schizophrenia, dementia, or Huntington’s disease. However, if the person has a clear mental illness, this could result in either an ONH or hospitalization order. According to Vermont law, these decisions can only address the patient’s current needs. No consideration is given to public safety.
“In this case, because he does not currently require hospital-level care, the court cannot order him to be hospitalized to protect the safety of the community,” Bianchi said. They can only order him to go to the hospital for help. In such cases, there is no consideration for public safety. As far as I know, our country is unlike any other state in that we simply do not have the ability to consider public safety issues. ”
Robert Appel, Hall’s attorney in the criminal trial, feels that measures like the one Bianchi is proposing place an unnecessary burden on people who suffer and criminalize mental health. Appel feels stronger funding for community-based mental health services and reducing stigma, labels and perceptions by the general public and the legal community will go a long way toward solving the problem. It is also important not to violate the rights of people with mental health problems.
Bennington County Attorney Erica Marsage also feels that Vermont is not spending the money it needs for treatment. She makes it her mission to ensure the safety of her community and what happens to those who do not have the ability to adapt their own behavior to a safe society.
“The truth is that a victim or injured person is not equally traumatized by a crime just because the person is mentally ill, insane, or incapacitated. You can be even more traumatized by the lack of anything,” Marsaj said. This is what our office can do after it is determined that someone has a mental illness. That responsibility rests entirely with the Vermont Department of Mental Health, and public safety is not considered in that assessment. ”
“These orders have no teeth and have very limited deadlines,” Bianchi said. “There is no consideration of public safety beyond that individual’s mental health needs. This request to confirm whether Hall is taking his medication is at least a way for the community to know they are safe.” It’s an opportunity.”
According to the National Institutes of Health, people with severe mental illnesses who fail or are nonadherent to treatment are at increased risk of committing serious acts of violence, especially against family members. Untreated severe mental illness is especially serious in homicide cases.
Many people with mental illness face an uphill battle when trying to access mental health treatment. Many people do not receive the appropriate and timely treatment they need. Budgets for public health and mental health have been cut in many cities, putting people with mental illness even more at risk of engaging in criminal activity.
“We are responsible for public safety,” Marsaj said. “I can’t say this might not be the best tool. It’s the only tool we have right now.”
When asked what he would say to victims and their families who have to deal with the aftermath of these incidents, Appel paused and said stronger resources and support could reduce the violence we’re seeing. I repeated that I believed that.
“I feel for the people who are hurt by the untreated mentally ill,” Appel said. “There are a lot of people who are not getting what they need and are doing bad things. That needs to change.”
Judge MacDonald Cady ultimately ordered Mr. Hall to be held in the Department of Mental Health for 90 days. She also said she would allow Hall to take his own medications and that if one of his case managers was concerned about non-compliance, Hall would have a “reasonable request” that he take the medication in the presence of a health care provider. ordered that he be allowed to comply with the request. ”
A new hearing will be scheduled when Hall is released from the hospital.
“At the end of the day, whether I like it or not, I have to uphold the law. That’s why all we’re left with is what Congress gives us, and that’s not fair or safe at all for everyone involved.” But that’s what I have.”
