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Thread: NutHouse Daze

  1. #1
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    Default NutHouse Daze

    I am helping James Detmer with his lawsuit against the Fulton State NutHouse.

    Pastor Martin Luther Dzerzhinsky Lindstedt CJCC/AN

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    Default Reply & Exceptions to Magistrate Report and Recommendation

    Reply & Exceptions to Magistrate Report and Recommendation

    http://whitenationalist.org/forum/sh...?p=761#post761
    http://stumbleinn.net/forum/showthre...d=1#post201151

    IN THE UNITED STATES DISTRICT COURT FOR THE
    WESTERN DISTRICT OF MISSOURI
    CENTRAL DIVISION



    JAMES W. DETMER )
    Plaintiff, )
    )
    v. ) No. 07-4177-CV-C-SOW
    )
    CHARLENE COE-GILMORE, et.al, )
    Defendants. )


    PLAINTIFF’S REPLY TAKING EXCEPTION TO MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION OF 9 JULY 2009



    Comes now the Plaintiff, Pastor James W. Detmer, Bishop of Fulton for the Church of Jesus Christ Christian/Aryan Nations of Missouri (Missouri Secretary of State Corporation #N00773365) to respond to this Court’s Report and Recommendation of July 9, 2009 (hereafter known as Report and Recommendation) using the services of his Church’s superior officer, Pastor Martin Luther Dzerzhinsky Lindstedt, ArchBishop of Missouri for the Church of Jesus Christ Christian.

    Pastor Lindstedt was imprisoned without trial and due process for two and a half years at Fulton State Hospital and on the same ward because Lindstedt refused to accept the services of a lawyer to sell him out and allow the Newton County Missouri regime criminals to videotape his grandson claiming that Lindstedt had kissed his penis. Eventually Lindstedt got free of the NutHouse, was allowed to be his own attorney, and after 3 ? years of illegal incarceration without trial the case fell apart when Lindstedt’s mildly retarded grandson refused to lie against his grandfather. Pastor Lindstedt would help Plaintiff Detmer with his lawsuit(s) and legal work both when Lindstedt was imprisoned on B-10 in Biggs and later by writing up motions when Lindstedt was at the ‘awaiting trial’ ward G-6 to Guhleman to Detmer on ward G-2 at Guillemin. Some of the more cogent motions were written up by Pastor Lindstedt and submitted directly to this Court after Detmer signed them. The only change now is that Lindstedt and Plaintiff Detmer are not in the NutHouse together and since Detmer has no access to a computer, then it is clear that Plaintiff has help in drafting this Reply.

    Thus the same arrangement today. Plaintiff Detmer did not receive the Report and Recommendation until July 15, 2009, and since the Fulton Defendants have Plaintiff Detmer on an illegal ‘level system’ Plaintiff Detmer couldn’t get a copy of the Report made and had to send his original copy to Lindstedt. Lindstedt made a copy using his computer equipment and is drafting this Reply by Plaintiff taking Exception to the Magistrate Judge’s Report and Recommendation. Since the Fulton Defendants cannot be trusted to do anything other than to continually violate Plaintiff’s right to get and receive mail, then Plaintiff Pastor Detmer had told Pastor Lindstedt what he wants in the Plaintiff’s REPLY taking Exception to Magistrate’s Report and Recommendation (hereafter Plaintiff’s REPLY) and put it up to Pastor Lindstedt what it says. After all, Pastor Lindstedt did the same thing when both Detmer and Lindstedt were on different wards at the NutHouse, and all Plaintiff Detmer had to do was sign the motions. No money is exchanging hands, Pastor Lindstedt is Plaintiff’s counsel of choice. Pastor Lindstedt is to send on two copies of this Plaintiff’s Reply to me and I shall sign it if I wholly agree and if I do not agree then I shall make my exceptions known by writing between the double-spaces or by terminating this Reply altogether.

    However, Pastor Lindstedt knows what it is like to be confined in a NutHouse and to have your mail ransacked and refused delivery as the NutHouse people messed with his mail and refused to allow it to get to him because it was deemed ‘racist’ or politically incorrect or inflammatory. A letter from January 2009 from Pastor Lindstedt to Plaintiff was not delivered because it contained legal material concerning a case of one Michael Murphy, a Jefferson City inmate who has successfully sued the Missouri Department of Corrections. So this unlawful abuse of Plaintiff’s mail, which is the gravamen of this federal suit, continues to this very day. All a dismissal of this suit means is that Plaintiff will have to file another exact same suit before this Court for the Fulton Defendants’ misconduct in tampering with Plaintiff’s mail still.

    Since this tampering occurs to this very day, Plaintiff Detmer has asked Pastor Lindstedt to send on to this Court my Exceptions and send to the Defendants a copy and to myself two or more copies so that I can sign on to the exceptions. This step has to be done because of mail tampering and refusal to make copies by the Defendants claiming that they are doing this as part of my treatment – the legality of which is being challenged by this litigation. Plaintiff Detmer will sign one of his copies and if there are any changes, make them. If there are not enough copies to send to Defendants or if they tamper with Plaintiff’s mail like they have been doing, then it is because they are continuing to act in a criminal manner, not the fault of the Plaintiff whom they have locked up and whose rights they have violated and abused in the name of ‘treatment.’

    Therefore the Plaintiff, Pastor James Detmer, through his ArchBishop Pastor Martin L.D. Lindstedt makes the following Suggestions of both fact and law:

    SUGGESTIONS



    A. This Court shouldn’t grant summary judgment to Defendants because they are continuing to violate both the federal and state law regarding Defendant Detmer receiving his mail as a right, not a privilege. Rather, this case should go to trial, given that there are plenty of genuine material facts as admitted to by the Defendant FSH employees, in their Motion for Summary Judgment. As, this Court has admitted in its Report & Recommendation if "there is no genuine issue as to any material fact and ... the movant is entitled to judgment as a matter of law," the court must grant summary judgment. Fed. R. Civ. P. 56(c). Yet the Movant Defendants have admitted that there are genuine material facts aplenty.

    For example, they claim that the Procunier v. Martinez, 416 U.S. 396 standard, “The censorship of direct personal correspondence involves incidental restrictions on the right to free speech of both prisoners and their correspondents, and is justified if the following criteria are met: (1) it must further one or more of the important and substantial governmental interests of security, order, and the rehabilitation of inmates, and (2) it must be no greater than is necessary to further the legitimate governmental interest involved.” They claim that they have gotten one of their self-serving idiot quacks, Tina Drury, to backstop claims that their mail screening and censorship is important to Plaintiff Pastor Detmer’s rehabilitation and treatment. Yet this is merely a justification which needs to be proven by a tryer of fact as opposed to merely being yapped about by lawyers for the Defendants. The tryer of fact in this case is to be a jury. “The Federal Rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome, and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits.” Conley v. Gibson, 355 U.S. 41.

    The fact of the matter is that these social workers and doctors and therapists simply decide to punish an inmate and then get some bottom-of-the-barrel psychiatric quack to write up a medical order to justify whatever they choose to do. Defendants have presented a totally different face to this Court and to the outside world than the absolute tyranny and vindictiveness that they show to the mentally ill patients and faking criminals who are within their power. So, proving their defenses is a matter to be brought up at trial for a jury to decide.

    B. This lawsuit is NOT moot. The Fulton State Hospital employee Defendants continue to censor and screen Plaintiff’s mail to this very day. This is illegal under federal case law, cf. Procunier, but also under Revised Statute of Missouri (RSMo) 630.110.:
    1. Except as provided in subsection 5 of this section, each person admitted to a residential facility or day program and each person admitted on a voluntary or involuntary basis to any mental health facility or mental health program where people are civilly detained pursuant to chapter 632, RSMo, except to the extent that the head of the residential facility or day program determines that it is inconsistent with the person's therapeutic care, treatment, habilitation or rehabilitation and the safety of other facility or program clients and public safety, shall be entitled to the following:

    (3) To communicate by sealed mail or otherwise with persons including agencies inside or outside the facility;
    And the Defendants have lied to this Court in that Plaintiff is sent here under RSMo 522.020, and thus has not pled guilty by reason of insanity to any crime. Therefore, any violation of RSMo 630.110.1(3) and the Procunier federal standard must be proven in court at trial.

    That this matter is anything but moot is proven by not only the very pleadings of the Fulton Defendants, but by the very manner in which this Exception has to take place, making it necessary for Plaintiff to gain the assistance of the head of his religious order to ensure that this Court gets Plaintiff’s Reply/Exceptions to this Court’s Report and Recommendation. If this Court doesn’t like the manner in which Plaintiff must seek relief through his Church against State defendants’ misconduct, then this Court should have long since granted Plaintiff’s pleas for legal assistance and a law library under Bounds v. Smith, 430 U.S. 817.

    C. This Court unfairly puts upon Plaintiff the odium of not being able to reply without the assistance of someone trained in the law or a law library necessary to answer and controvert all of Defendants’ lawyers’ lies. “On December 3, 2008, remaining defendants Sullivan, Gilmore and Britten filed a motion for summary judgment. Plaintiff has failed to respond to the motion, despite court orders to show cause and granting extension of time to respond,” says this Court’s Report & Recommendation. Well, the Defendants have been using their powers to move Plaintiff over to the retard ward on G-3 and G-4, where their bogus ‘[mis]treatment team’ have passed policies to where Plaintiff wasn’t allowed to keep over two inches of paper, legal or not, and had to throw away over forty of his motions on this very case. The Defendants have abused their authority like a Zimbabwean dictator to decide how their powerless victims get to fight this matter before an open court. These dishonest Defendants should not win because they put their fat haunches as well as thieving thumbs on the scales of justice.

    Plaintiff freely admits that he is more than just a little bit nuts. But Plaintiff thinks there is no legitimate reason for having his incoming mail screened. Perhaps a little bit of masturbation by Plaintiff would give him some relief. Now that Plaintiff is a member of the Dual-Seedline Christian Identity and Aryan Nations clergy, the Pacific Island Connection for mail-order philipina brides to beat off to is no longer kosher. So why can’t Plaintiff get a subscription to Penthouse or Hustler and decide on his own to tear out pictures of the non-white girls to beat off to?

    Now Plaintiff knows that this matter sounds a trifle ridiculous – Plaintiff is crazy but not stupid – but the NutHouse employee Defendants shouldn’t be messing with Plaintiff’s mail in the first place. All of Plaintiff’s alleged victims are deader than a hammer and so nobody other than Plaintiff will be affected or helped by any mail screening. There is no rational lawful reason for to screen Plaintiff’s mail, and if the Defendants want to continue to do so, then they should be forced to defend their actions, conduct and treatment of the mentally ill before an open court of law and let a jury decide – and there is no lawful or rational reason other than their own convenience for the policies they enforce upon those unlucky enough to be held indefinitely without trial such as Plaintiff – whether Defendants are justified in their misconduct.

    Plaintiff, largely because of Defendant misconduct and also because of his mental illness simply couldn’t make a rational defense against Defendant’s Motion for Summary Judgement until now, when Plaintiff got his Church leader involved, who knows exactly how Plaintiff has suffered because of the misconduct of Defendants, as they routinely abuse and mistreat both their sane and insane charges locked up with or without due process of law. Plaintiff has another $350 to file another lawsuit exactly like this one and to get his Church involved from day one. However, this is not suitable for judicial economy, nor is this measure just. The Fulton State Hospital needs to obey the law, both federal and state and case law, mandating that they treat the mentally ill as humanely as possible and not as a means of their own personal convenience and for retaliation against whistle-blowers like Plaintiff.

    Plaintiff has no doubt that this Court decided to simply bring this process to an end because the crazy nut can’t be expected not to make any court trial into a circus. And it is indeed likely that the insane Plaintiff not knowing what to do will flounder and flop around if without assistance of his own choice of counsel or trained counsel wanting to help the mentally ill get out from under the thumb of sundry professional quacks and staff members who view a NutHouse/mental asylum as nothing more than job security to be run as efficiently as feeding and overseeing insane animals is possible and convenient for themselves. But the Missouri and Federal legislature made rules that those who are locked up, guilty or not, awaiting trial should be treated with as much decency as possible. The FSH Defendants have admitted that they screen and censor Plaintiff’s mail. They claim that this is necessary. But instead of wanting to prove it to a neutral party, a jury, and let it get out how they actually treat the mentally ill or simply people committed against their will to their facilities, they are trying to get another government worker, a judge, who also sends people against their will to their facilities, to simply rule that a trial is not necessary. Well, justice and the Federal Rules of Civil Procedure and common humanity demand that these regime criminals who have violated the civil, Constitutional and human rights of Plaintiff and others demand that this matter be brought to trial – or that Defendants start obeying the law and treat their charges with humanity, as they continually lie that they do.

    Wherefore, insofar as possible Plaintiff and his ecclesiastical counsel of choice can do so, timely make this Reply and Exception to this Court’s Report and Recommendation of July 9, 2008 which Plaintiff received on July 15, 2008, and with which Plaintiff is answering as best he can given Defendants’ ongoing misconduct under color of ‘law’ and routine [mis]treatment.

    Hail Victory!!!

    ____________________________________
    Pastor Martin Luther Dzerzhinsky Lindstedt, 338 Rabbit Track Road, Granby.
    ArchBishop of the Church of Jesus Christ Christian/Aryan Nations of Missouri


    Wherefore I agree with the foregoing, except wherein I have made corrections, if any,

    ____________________________________
    Pastor James W. Detmer, Fulton State Hospital, 600 East 5th Street, Fulton
    Bishop of Fulton, Church of Jesus Christ Christian/Aryan Nations of Missouri



    Certificate of Service



    Pastor Martin L.D. Lindstedt hereby certifies that he mailed a copy of this Reply/Exception via U.S. mail on Aug. 1, 2009, postage prepaid to the Missouri Attorney General’s Office, Assistant Attorney General Chenekka S. Buckingham, P.O Box 861, St. Louis Missouri, 63188, counsel for FSH Defendants.
    Last edited by PastorLindstedt; 08-04-2009 at 09:58 AM.

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    Default Attacks prompt changes to legislation Legislator: workers need to be able to act in self defense

    Attacks prompt changes to legislation

    Legislator: workers need to be able to act in self defense

    By PAULA BARR
    Daily Journal Staff Writer Apr 9, 2010


    https://dailyjournalonline.com/news/...f4ba1e383.html
    http://whitenationalist.org/forum/sh...ted=1#post3622

    The attack was sudden and the employee was knocked to the floor. A patient jumped on him and bit a chunk of flesh out of the employee’s back. The employee flung his arm to push the mental health client off.

    That action, which violated Department of Mental Health policies, cost the employee his job at Fulton State Hospital, the employee told Missouri Rep. Jeanie Riddle, R-Mokane.

    Riddle wants to change that policy.

    In response to testimony from him and other employees who have suffered serious injuries from patient attacks in Fulton’s Biggs and Guhleman forensic centers, Riddle filed House Bill HB 1644. The bills allows mental health employees in those centers — as well as in the sexual predator unit in Farmington — to defend themselves with minimal force when they are attacked by violent patients or are protecting another person.

    That right would not extend to employees at Southeast Missouri Mental Health Center or other minimum-security mental health facilities, where the issue does not appear to be as serious as at Fulton, Riddle and bill co-sponsor Rep. Linda Fischer, D-Bonne Terre said.

    Neither representative has received complaints of violence from employees in the Farmington hospital.

    Even if a proposed downsizing plan is put into effect and transfers additional forensic patients from Fulton to Farmington, those clients will be men and women whose behavior and treatment progress qualifies them to live in a minumum-security level facility, according to Bob Bax, the spokesman for the Missouri Department of Health (DMH).

    The legislators have asked the DMH to consider changes to their policies and have revised the bill several times to ensure it does not give employees permission for aggressive behavior.

    Attacks on employees in Fulton lead to far more than bruises, Riddle said. Reported injuries include severe bites and broken limbs, collarbones, jaws and other facial bones.

    Estimated cost of workman’s compensation for injured workers DMH is estimated at $4 million in 2010, Riddle said.

    The violence and current policies result in a large turnover of employees in the higher security level units. That, in turn, puts less experienced employees in the most dangerous situations, she added.

    Human nature is to defend oneself when attacked, and in the heat of the violence, it is difficult to focus on the proper handholds to use unless extensive training has made acceptable measures instinctive, Fischer theorized.

    “One gentleman said he was fired for trying to stop a client from hurting another person,” Riddle related. “His arm and hands were not placed on the right spots according to policy.”

    Bax said the department provides training to help its employees stay safe while working with people who are confined to a treatment facility for mental health issues.

    “Staff safety and patient safety are of the utmost importance to the department,” Bax said. “Staff are trained in a nationally recognized program of patient management, as we are required by federal regulations to do.”

    Riddle said bill has been reworked several times in order to ensure patients are protected as well as employees.

    Riddle’s bill, heard Thursday in a hearing before the corrections and public institutions committee, is an effort to get the Missouri Department of Mental Health to evaluate its policies to improve safety for workers as well as clients, she said.

    “I certainly do not want any of those clients mistreated,” she said. “I’m not a proponent of legislation to put directives to a state department. However, when citizens are suffering injuries of a repetitive and serious nature, and they aren’t changing their policy, it’s my job as a legislator to get involved.”

    Curbing abuse

    Under the current law and DMH policies, a mental health employee may face criminal charges as well as internal sanctions if he or she knowingly beats, strikes or injures a patient, handles them in a brutal or inhuman manner, or uses more force than is reasonably necessary to control them.

    An employee at Farmington, who asked to remain anonymous for fear of losing his job, said that means employees can be charged for raising an arm to block a punch from a client.

    “If a client has a psychiatric episode and attacks an employee, if the employee tries to stop the patient from hitting him, they can be charged with patient abuse.”

    Riddle said the DMH policy prohibits a raised arm only when the hand is making a fist.

    Fischer said the policy prohibits the handling of a patient’s joints during restraint, including elbows and shoulders.

    If someone is found guilty of patient abuse, even if they are simply defending themselves, they can lose their jobs and will not work in mental health again, nor could they work in corrections, Riddle said.

    Even if they do not lose their jobs, employees who have been injured might be transferred to another unit, costing them seniority and days off, she added.

    The policies regarding handling of patients is part of an effort to prevent a recurrence of problems found several years ago in Bellefontaine Habilitation Center in St. Louis.

    A 2007 report detailing the findings of a U.S. Department of Justice Civil Rights Division investigation into that side noted that “In our judgment, Bellefontaine is not safe. The facility too often subjects its residents to harm or the risk of harm. Bellefontaine residents are subjected to physical abuse and neglect. Residents also suffer harm from lack of supervision due to inadequate staffing.”

    That report also cited several instances of patient abuse including a Sept. 19, 2005 incident where a staff member was seen striking a patient in the face after the patient had hit the employee in the back of the head.

    Fischer said Riddle’s bill does not remove sanctions against those who mistreat, abuse or neglect patients. It does add language to remove the criminal charges for self-defense or defense of others as long as those efforts are reasonable methods of protection.

    “Abusing a patient can still be a felony,” she noted.

    Confined for crimes

    Forensic patients are men and women who have been determined “not guilty by reason of insanity” (NGI) or “incompetent to stand trial (NCP).” Their crimes could include violence offenses such as assault and murder. However, their mental health issues kept them from thinking clearly enough to deliberate on their actions.

    Criminals who are put in the custody of the DMH are there for treatment, not punishment.

    Biggs and Guhleman house the more dangerous forensic clients, many of whom are awaiting a determination of competency to stand trial for a criminal offense. Those patients are potentially dangerous because they are there to establish their mental state.

    “While they are there, some of those individuals would much rather stay in Fulton than go to prison,” Riddle said. “One option is to assault an employee. But those people are just a small part of the problem.”

    Forensic patients have an opportunity to transition downward into less secure facilities or housing. Some eventually will be released, while others may never leave their respective hospital.

    There are 98 beds at SMMHC for forensic and long-term patients. The forensic clients participate in many treatment programs and are classified as needing minimum security level housing.

    Request for change

    Fischer called the House bill a warning to the DMH that it needs to re-examine some of its policies.

    “Some policies need to be changed because of this serious problem,” she said. “If the department does not address its policy, the legislature will legislate the necessary changes.

    Bax pointed out that it is within the authority of the department to determine what is abuse and neglect and to request exceptions and to accept valid self-defense claims from staff.

    “Facility heads and agency directors exercise that authority,” he added.

    Riddle said she has asked the DMH to change policies but she is meeting with some resistance. The DMH has agreed to look at higher (differential) pay for those in the more dangerous wards, and is considering a “man down” wireless call system. However, the old buildings have areas where reception is questionable.

    “This is a plea for the department to look at their policies to see if there are places they can tweak it to make their employees and clients safer,” Riddle said. “Talk to your employees and find out what is working and what is not working.

    “These folks are just trying to make a living for their families, and they need help.”

    Paula Barr is a reporter for the Daily Journal and can be reached at 573 -431-2010, ext. 172 or at pbarr@dailyjournalonline.com.



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    Default Bolivar man charged with Saturday shooting while free on bond on child abuse charge

    Bolivar man charged with Saturday shooting while free on bond on child abuse charge

    By: Linda Fuerst Jan 28, 2004


    http://bolivarmonews.com/home/boliva...95b32e257.html
    http://christian-identity.net/forum/...0106#post10106
    http://www.whitenationalist.org/foru...0106#post10106

    .

    Shannon Swickheimer
    .

    A Bolivar man who was free on bond on a felony child abuse charge was returned to jail Saturday, this time accused of shooting the child's mother with a pellet gun.

    Shanon A. Swickheimer, 28, was arrested and charged with first-degree domestic assault. He was treated at CMH for self-inflicted injuries and is being held in the Polk County Jail on $50,000 bond.

    Bolivar police officers had been called to the residence on East Locust Street earlier Saturday evening when they received a report of a man shooting out the windows of a vehicle. The suspect, Swickheimer, was not there. When the officers returned to the home around 11 p.m. looking for him, they looked through a window and saw 30-year-old Melissa Jordan lying on the kitchen floor; she had been struck several times in the face and shot in the chest with a pellet gun. Swickheimer appeared carrying the pellet gun and suffering an apparent self-inflicted wound to the face.

    Jordan was initially taken to CMH, where it was determined that the pellet had penetrated her heart. She was transferred to Cox Medical Center South in Springfield where she underwent surgery Sunday.

    "Pellet guns can be extremely dangerous. If you pump them up, they can be just as dangerous as a .22," said Police Chief Michael Seibert.

    Swickheimer had been released from the Polk County Jail Jan. 17 after Judge Gary W. Lynch reduced his bond from $10,000 to $5,000 and ordered him to have no contact with the alleged child abuse victim. Swickheimer is accused of using the buckle end of a belt to beat a 10-year-old girl. According to the court file, he reportedly told authorities that it was OK because all the bruises were below the waist, and he would spank her again if she needed it.

    Prosecuting Attorney John Porter opposed the motion to reduce Swickheimer's bond, but he said Tuesday that he did not want to point a finger at Lynch.

    "This has the potential to look bad after the fact, but I don't fault anybody but the accused," Porter said. "The bond reduction was not overly alarming; generally speaking, $5,000 bond on a class C felony is usually sufficient. In this case the (shooting) victim was in court asking that he be released. The emotional ties in abusive relationships can be dangerous ties. It's amazing things like this don't happen more often.

    "I wish this could be an eye-opener to others in domestic violence situations," Porter said. "An inch either way, and this would not have been an assault case."



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    Default Bolivar man found mentally incompetent

    Bolivar man found mentally incompetent


    http://bolivarmonews.com/home/boliva...b3b56e796.html
    http://christian-identity.net/forum/...0748#post10748
    http://christian-identity.net/forum/...0748#post10748

    .

    Shannon Swickheimer
    .

    Shanon A. Swickheimer, 28, of Bolivar was charged in January with first-degree assault and accused of shooting 30-year-old Melissa Jordan with a pellet gun.

    A pellet was found to have penetrated her heart. Swickheimer had also sustained an apparent self-inflicted wound to the face.

    At the time of the shooting, Swickheimer was free on $5,000 bond on a charge of felony child abuse.

    Court records show Swickheimer was accused of using the buckle end of a belt to beat a 10-year-old child on the chest, back and legs. Bruises were reportedly still visible two weeks later.

    Preliminary hearings for both cases were set for March 15, but according to the court files, when Swickheimer appeared in court that day, Associate Judge Gary W. Lynch ruled that the defendant lacked mental fitness to proceed based on his appearance and demeanor in court. Over the objections of Swickheimer and his attorney, public defender John Lutman, Lynch ordered a mental evaluation, which was performed April 15.

    After reviewing the results of the mental evaluation, Lynch ordered Swickheimer committed to the Department of Mental Health. He will remain in a mental facility until he can be certified as competent to stand trial.





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    Default Swickheimer found competent to stand trial

    Swickheimer found competent to stand trial

    By Linda Fuerst, staff writer Jun 20, 2007



    http://bolivarmonews.com/home/swickh...36319f696.html
    http://christian-identity.net/forum/...2821#post12821
    http://whitenationalist.org/forum/sh...2821#post12821

    .

    Shannon Swickheimer
    .'

    Wed., June 20, 2007

    A Bolivar man judged mentally unfit to stand trial three years ago has been returned to Polk County to face felony charges of child abuse and assault.

    Shanon A. Swickheimer, 30, was recently certified as mentally competent to assist in his own defense. He has spent the past three years in a state mental hospital, where he was periodically evaluated to determine his mental status.

    Swickheimer appeared in Polk County Circuit Court Friday and was bound over to stand trial on charges of child abuse and first-degree domestic assault. According to the court files, he is accused of beating a 10-year-old girl with the buckle end of a belt on Nov. 9, 2003, leaving bruises that were still visible two weeks later. In January 2004, while he was free on bond in the child abuse case, Swickheimer was charged with shooting the child's mother, Melissa Jordan, then 30, in the chest with a pellet gun. The pellet penetrated her heart.

    Preliminary hearings for both cases were set in March 2004, but Swickheimer's appearance and demeanor in court led Judge Gary Lynch to order a mental evaluation before proceeding. Swickheimer was found to be incompetent to stand trial and was committed to a mental hospital.

    Swickheimer is due in court July 9 for arraignment. He is represented by public defender Dewayne Perry. James Hackett, Hickory County prosecutor, has been appointed special prosecutor in the case.




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    Default Defendant in 2004 assault case may return to Polk County

    Defendant in 2004 assault case may return to Polk County


    http://bolivarmonews.com/news/defend...cfe29bcef.html
    http://christian-identity.net/forum/...3966#post13966
    http://whitenationalist.org/forum/sh...3966#post13966



    Shannon Swickheimer
    A Bolivar man who spent the last 12 years in state mental hospitals and
    a correctional facility was returned to Polk County Jail Wednesday, June 29.


    Boliver -- A defendant in a decade-old assault case currently held at the Fulton (Mo.) State Hospital could be on his way back to Polk County.

    Gary Oxenhandler, Division 2, 13th Judicial Circuit judge, ruled Dec. 11 that Bolivar resident Shanon A. Swickheimer’s “due process of rights were violated, a manifest justice occurred and he is entitled to relief” after it was discovered there was no court transcript of Swickheimer’s 2004 insanity plea in a first-degree domestic assault case.

    Docket sheets from Swickheimer’s court appearances document the plea.

    In December, Polk County Prosecuting Attorney Kenneth Ashlock was notified of Oxenhandler’s ruling and the possibility of Swickheimer returning to the Polk County Jail.

    Ashlock filed a motion Dec. 22 requesting a mental evaluation to determine if Swickheimer is now competent to stand trial on the assault charge.

    “Officials at Fulton say he shouldn’t be released,” Ashlock said. “Appeals can take anywhere from 60 days to six months, but this may be shorter because they have so much history on him.”

    Ashlock said that Swickheimer has tried several times to convince others he was unjustly held.

    “This is a 12-year-old case,” Ashlock said. “I am unsure of what my role will be (if it goes to trial) or if the state attorney general’s office will handle prosecution.”

    Background

    In January 2004, Swickheimer was arrested by the Bolivar Police Department and charged with first-degree domestic assault after he was accused of shooting then 30-year-old Melissa Jordan with a pellet gun. One of the pellets penetrated Jordan’s heart.

    At the time of the shooting, Swickheimer was free on $5,000 bond on a charge of felony child abuse after being accused of using a belt buckle to beat a child on the chest, back and legs in November 2003.

    In March 2004, Associate Circuit Judge Gary W. Lynch asked that Swickheimer receive a mental evaluation based on his appearance and demeanor during a preliminary hearing. After the evaluation in April 2004, Lynch found Swickheimer incompetent to stand trial, and he was committed to a Callaway County hospital. Another mental evaluation in 2007 found Swickheimer competent to stand trial.

    During a court hearing in Polk County, Swickheimer pleaded not guilty by reason of insanity and was committed to the state hospital until he was no longer deemed to be a threat to himself or others. Since his return to the Fulton mental facility, Swickheimer has worked his way down to the minimum security wing, according to the court report.

    When the minimum security wing closed, Swickheimer elected to transfer to Arsenal State Hospital in St. Louis.

    After a hearing determined he was not mentally stable and not a threat to himself or the general public, Swickheimer was returned to civil commitment at the psychiatric facility in St. Louis.

    He escaped from Arsenal State Hospital on July 6, 2011, while walking from his room to the main building; he was on the run for 43 days. He was located and apprehended Aug. 18, 2011, in Laddonia in Audrain County (Mo.) after the Missouri State Highway Patrol received a tip he was staying with his brother, Michael.

    Swickheimer pleaded guilty to felony escape from confinement in St. Louis County Circuit Court April 19, 2012, and subsequently spent almost two years of his four-year sentence in a Missouri correctional facility before returning to Fulton State Hospital in April 2014.

    A mental evaluation has not yet been filed with the court, according to the Missouri Courts website.

    If after a mental evaluation Swickheimer is found competent to stand trial, he will return to Polk County for another hearing.

    .


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  8. #8
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    Default Swickheimer is back in Polk County Jail

    Swickheimer is back in Polk County Jail

    By BH-FP News Staff news@bolivarmonews.com Jul 6, 2016



    http://bolivarmonews.com/news/swickh...71cb2417c.html
    http://christian-identity.net/forum/...4837#post14837
    http://whitenationalist.org/forum/sh...4837#post14837



    Shannon Swickheimer
    .

    A Bolivar man who spent the last 12 years in state mental hospitals and a correctional facility was returned to Polk County Jail Wednesday, June 29.

    A Western District Missouri Court of Appeals filed a decision with Callaway County Circuit Court June 29 upholding a writ of habeas corpus for Shanon Swickheimer, 40, of Bolivar. The court also vacated Swickheimer's 2007 "not guilty by reason of insanity" plea in Polk County Circuit Court, stating that the court had no "on-the-record inquiry of Swickheimer confirming that he had no other defense besides NGRI, and that this assertion of the NGRI defense was knowing and voluntary."

    The ruling states that Swickheimer should be returned to his prior disposition before he was committed to a state mental hospital following the 2007 court proceedings.

    Swickheimer will once again appear in Polk County Circuit Court to be tried for previous charges of domestic assault stemming from an incident in January 2004 when he allegedly shot then-30-year-old Melissa Jordan with a pellet gun. One of the pellets penetrated Jordan’s heart. No date has been set for court proceedings. Retired Circuit Judge William "Bill" Roberts will preside over the case, according to Polk County Prosecuting Attorney Kenneth Ashlock.

    A judge in the 13th Judicial Circuit, Gary Oxenhandler, Division 2, ruled Dec. 11, 2015, in favor of Swickheimer, citing that his "“due process of rights were violated, a manifest justice occurred and he is entitled to relief” after it was discovered there was no court transcript of Swickheimer’s insanity plea in a first-degree domestic assault case.

    Docket sheets from Swickheimer’s court appearances document the plea.

    After Ashlock received notification of Oxenhandler's ruling, he filed a motion in December 2015 requesting a mental evaluation to determine if Swickheimer is now competent to stand trial on the assault charge. The appeals court denied the motion, ruling that a mental evaluation should occur after the defendant has appeared in court.

    Background

    Ashlock said in December that Swickheimer has tried several times to convince others he was unjustly held.

    “Officials at Fulton say he shouldn’t be released,” Ashlock said. “Appeals can take anywhere from 60 days to six months, but this may be shorter because they have so much history on him.”

    “This is a 12-year-old case,” Ashlock said. “I am unsure of what my role will be (if it goes to trial) or if the state attorney general’s office will handle prosecution.”

    In March 2004, Associate Circuit Judge Gary W. Lynch asked that Swickheimer receive a mental evaluation based on his appearance and demeanor during a preliminary hearing. After the evaluation in April 2004, Lynch found Swickheimer incompetent to stand trial, and he was committed to a Callaway County hospital. Another mental evaluation in 2007 found Swickheimer competent to stand trial.

    During a court hearing in Polk County, Swickheimer pleaded not guilty by reason of insanity and was committed to the state hospital until he was no longer deemed to be a threat to himself or others. Since his return to the Fulton mental facility, Swickheimer has worked his way down to the minimum security wing, according to the court report.

    When the minimum security wing closed, Swickheimer elected to transfer to Arsenal State Hospital in St. Louis.

    After a hearing determined he was not mentally stable but not a threat to himself or the general public, Swickheimer was returned to civil commitment at the psychiatric facility in St. Louis.

    He escaped from Arsenal State Hospital on July 6, 2011, while walking from his room to the main building; he was on the run for 43 days. He was located and apprehended Aug. 18, 2011, in Laddonia in Audrain County (Mo.) after the Missouri State Highway Patrol received a tip he was staying with his brother, Michael.

    Swickheimer pleaded guilty to felony escape from confinement in St. Louis County Circuit Court April 19, 2012, and subsequently spent almost two years of his four-year sentence in a Missouri correctional facility before returning to Fulton State Hospital in April 2014.

    .

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  9. #9
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    Default Swickheimer is a free man after spending 12 years in state hospitals

    Swickheimer is a free man after spending 12 years in state hospitals


    http://bolivarmonews.com/news/swickh...e5dc618c2.html
    http://whitenationalist.org/forum/sh...5203#post15203
    http://christian-identity.net/forum/...5203#post15203

    .

    Shannon Swickheimer
    .


    Shanon Swickheimer, 39, of Walnut Grove was sentenced in Polk County Circuit Court Friday, Sept. 9, to 28 years in prison and placed on supervised probation for a January 2004 assault.

    Swickheimer plead guilty to class A felony assault in the first degree, stemming from an incident when he allegedly shot then-30-year-old Melissa Jordan with a pellet gun. One of the pellets penetrated Jordan’s heart.

    Retired Circuit Judge William "Bill" Roberts presided over the hearing and suspended Swickheimer's sentence and placed him on five years supervised probation with electronic monitoring for 90 days.

    The defendant has been in custody with the Missouri Department of Corrections in a state mental hospital for the past 12 years.

    .


    Swickheimer and Creech now live in Ash Grove, and are engaged to be married

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  10. #10
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    Default

    All the shit unfit to print

    http://www.joplinglobe.com


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