Judges reject motions to dismiss charges against mentally ill inmates

Clark County district judges on Thursday denied motions to dismiss charges against two mentally ill inmates who've been held beyond the 14-day deadline for transporting detainees of questionable competence for treatment at a state psychiatric facility.

The separate motions to have John Morgan and Mistie Peterson freed were filed by the Clark County public defender's office, which has taken such action on behalf of more than 30 mentally ill inmates claiming the state is violating their constitutional rights.

The Clark County Detention Center inmates in question are awaiting placement at Lake's Crossing Center in Sparks, which is the state's only maximum-security psychiatric facility that evaluates and treats offenders to restore their competency. The facility has dealt with chronic overcrowding for more than a decade.

The public defender's office on Friday plans to file a request in U.S. District Court that Nevada be held in contempt for its continued failure to meet the requirements of a 2014 federal lawsuit settlement on the issue. That includes providing court-ordered psychiatric treatment to inmates within 14 days.

"I have to balance the two issues — the interest of the community and the interest of Mr. Morgan — and I can't get to a point where the remedy of dismissal is the appropriate remedy, even with the violations that have been outlined," Chief Judge David Barker said during the hearing. "That is just too extreme so I'm denying the motion to dismiss."

Morgan faces charges involving battery with intent to commit a crime and robbery. He was ordered into treatment May 22, but is not scheduled for transport to Lake's Crossing until Sept. 17.

Last week, District Judge Jennifer Togliatti, who hears competency cases, said she lacked the authority to hear the motions to dismiss and sent the cases back to their originating courts for a decision on the matter. More motions will be heard Friday.

On Sept. 1, the 14-day requirement will decrease to seven days under terms of the federal lawsuit settlement. The wait times for those involved in the motions range from 90 days to 150 days.

During Morgan's hearing, Senior Deputy Attorney General Susanne Sliwa acknowledged the state is not meeting the 2014 lawsuit settlement requirements. Outside of court, Sliwa declined to comment on whether the state had plans to speed the transfer of inmates awaiting psychiatric treatment.

Peterson, who faces charges involving child abuse or endangerment and first-degree kidnapping, had her case heard by District Judge Eric Johnson, who also denied the motion. She was ordered into psychiatric treatment on May 18, but will not be transported until Sept. 3.

The fix for the problem is solely in the hands of the state, said Clark County Deputy Public Defender Christy Craig, who filed the motions to dismiss on behalf of the inmates.

"The burden of (its) failure is on the backs of every incompetent defendant who is just killing time over at the Clark County Detention Center — that's not fair," she said.

Assistant District Attorney Christopher Lalli addressed three points during the hearings: the motions to dismiss are not the appropriate remedy, discussion on the federal settlement has no place in District Court and the state has exercised efforts to alleviate the backlog. The state has taken multiple actions, such as assisting law enforcement with ground transportation, double-bunking at Lake's Crossing and adding more beds to other state psychiatric facilities.

As of Thursday, 10 inmates at Lake's Crossing were double-bunking, resulting in an additional five beds, Lalli said. Some 15 beds were recently added at Rawson-Neal Psychiatric Hospital in Las Vegas.

A new state psychiatric facility with 47 beds is scheduled to open in Southern Nevada between October and November.

As of last week, a Lake's Crossing task force was reestablished and sent 11 inmates on the statewide wait list to a misdemeanor diversion program. It also identified seven other inmates to be reevaluated and possibly removed from the list.

"The only appropriate action for the court to take is to deny this motion," Lalli argued during Peterson's hearing.

Contact Yesenia Amaro at yamaro@reviewjournal.com or 702-477-3843. Find her on Twitter: @YeseniaAmaro.