Inmate will be medicated against his will

James Madden appeared in Island County Superior Court to face two criminal cases against him.

In a rare case, a judge ruled Monday that Island County Jail staff can force an inmate to take psychotropic drugs as he awaits trial.

In a hearing Monday, 40-year-old James Madden appeared in Island County Superior Court to face two criminal cases against him after returning from a treatment facility.

In one case, Madden was charged with burglary in the first degree and indecent liberties for entering a neighbor’s home without permission last fall and accosting a woman in her bedroom, according to court documents.

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In the earlier case, prosecutors charged him with two counts of malicious mischief, two counts of hit and run of attended vehicle, reckless driving, violation of ignition interlock, driving while license suspended and resisting arrest. He was accused of repeatedly ramming a car with his pickup and trying to ram a car at the gate of the Navy base, court documents state.

Madden returned to jail from a psychiatric treatment facility, where he was sent for in-patient treatment to restore his competency. A judge ordered him to go there after a state psychologist found that Madden lacked the capacity to assist his attorney with a reasonable degree of rational thinking because of delusional beliefs about his legal situation, according to an evaluation.

A Dec. 9 report by Nathan Andrews, a licensed psychologist and forensic evaluator, states that Madden appears to meet the diagnostic criteria for stimulant use disorder, cannabis use disorder and substance-induced psychotic disorder. The report states that he admitted to regularly using methamphetamines and marijuana.

Madden attributed his legal problems to “entities” or “tech ninjas” that were tracking him or monitoring him through Starlink satellites. He told a professional that a light on an extension cord in his home was talking to him and that people could see into his home through infrared technology.

Madden told the psychologist that he wanted his attorney to hire a defense expert to testify about the “entities on the other end of the light.”

While at the treatment facility, Madden refused to take his prescribed medication, leading a medical provider to seek a court order allowing for the involuntary administration of drugs. A report from a provider states that Madden refused to take the drugs and that there had been no improvement in his psychiatric treatment.

“Given the nature of the defendant’s mental disorder, a medically necessary component of psychiatric treatment for this individual would entail the use of psychotropic medications, specifically anti-psychotics,” a provider wrote. “There is no less intrusive form of treatment that would be expected to appreciably reduce the symptoms of the defendant’s mental disorder other than psychotropic medications.”

In support of the treatment provided, a deputy prosecutor filed a motion for involuntary medication.

Records show that Madden denied having a mental disorder. His attorney, John Ewers, argued against the request for involuntary medication in a motion, stating that the case doesn’t represent the “rare instance” in which forced medication is allowed under law. He wrote that the criminal cases aren’t serious enough, the prosecution can’t show that restoration was likely and that less intrusive means are available.

At a hearing on Feb. 12, Island County Superior Court Judge Christon Skinner found that the prosecution had met the burden of showing that the involuntary administration of drugs is needed and authorized the administration of Olanzapine.

On March 6, a state psychologist wrote in a report that Madden’s symptoms had remitted and he possesses the capacity to understand the nature of the proceedings against him and to assist in his defense.

Madden returned to court March 17, and the judge determined he was competent to stand trial. Deputy Prosecutor David Carman asked the judge to allow staff at the jail to continue the involuntary administration of drugs so that Madden will remain competent.

Ewers objected, arguing that the law doesn’t allow the ongoing forced medication after competency is restored. Carman disagreed, saying that the law allows the practice in “competency related” circumstances.

Skinner agreed with Carman and approved his request.