State can forcibly medicate suspect

From: "KD Weber"
State can forcibly medicate suspect

State can forcibly medicate suspect
http://www.cjonline.com/stories/080603/kan_medicate.shtml

By Bill Draper
The Associated Press

KANSAS CITY, Kan. -- A judge has ruled that a triple-murder suspect can be
forced to take
anti-psychotic medication so that he will be competent to stand trial.

Wyandotte County District Court Judge J. Dexter Burdette on Tuesday authorized
the Wyandotte County Sheriff's Office to administer drugs to Marc V. Sappington,
24, after a psychiatrist testified that Sappington is a threat without the
medication.

The case is one of the first in the country to fall under a recent Supreme Court
ruling that narrows the instances when a state can forcibly medicate a
defendant.

The court ruled June 16 that a state can't medicate an inmate solely to make
that person competent to stand trial. One of the approved conditions for
involuntarily medicating an inmate is when the person is considered dangerous.

Burdette's ruling clears the way for Sappington to stand trial on three counts
of first-degree murder, possibly as early as mid-September.

Sappington is accused of killing two men and a teenager -- all of Kansas City,
Kan. -- in April 2001.

Police testified in January 2002 that Sappington cut up the teenager's body,
then cooked and ate a small amount of his flesh. Sappington had planned to
freeze the rest of the body and eat it later, a detective testified.

The body of Alton Brown Jr., 16, was found in four trash bags in the home where
Sappington lived with his mother. The other two victims -- Michael Weaver Jr.,
22, and Terry T. Green, 25 -- weren't mutilated, investigators said.

Sappington had been scheduled for trial twice this year on the murder charges
and one count each of kidnapping and aggravated burglary. Just before jury
selection in January, he started having delusions and was determined incompetent
to stand trial.

He was sent to Larned State Hospital, where he was evaluated and treated.
Hospital staff determined in May that he was fit to stand trial, but forensic
psychiatrist Dr. William Logan said Tuesday that Sappington suffered a relapse
about two weeks ago and was no longer ready to go to court.

Sappington's attorney, Patricia Aylward Kalb, said her client had refused
medication at least 11 times in July. She said Tuesday that she was pleased with
the judge's ruling because it established protocol for administering
Sappington's drugs. "Marc wanted to be back on the medication," Kalb said.
"Without the medication, he can't function, but it has to be the proper
medication. Mark obviously has a problem."

Kalb said the combination of medication and stress over his pending trial made
Sappington ill and tired, so he stopped taking the medication regularly last
month.

Assistant Wyandotte district attorney Jerry Gorman said trial could begin in
mid-September or early October, depending on Sappington's progress. He said
there could be legitimate reasons for Sappington to refuse medication "If it has
to do with a medical reason such as illness
or a dosage problem, they need to assess that," Gorman said.

Logan, a prosecution witness, said the challenge for medical staff will be to
determine the dosage to keep Sappington mentally well. He said that if
Sappington is properly medicated, there should be no problem getting him to
trial.
"If the dosage is right, he should be more alert and less distracted and able to
concentrate," Logan said. "If the dosage is too high, he could appear sedated."

The psychiatrist compared Sappington's need for medication to that of someone
with high blood pressure or diabetes. Like those two ailments, Sappington's
mental condition is chronic and he will probably have to be on medication for
the rest of his life.