Trial Update-March 12, 2013 Asperger Syndrome On Trial

Mr. Honberg:
Recent actions of the prosecution in Iowa City are indicative of the Criminalization of Asperger Syndrome. My wife and I met with the prosecutor in December of last year and  explained the Asperger Syndrome and the mental illness.  We explained that his behavior is childlike rather than criminal.   We told  them he needs treatment and not incarceration.  We gave them a forensic psychiatrist report that demonstrates he is not violent. He is a nuisance.  We told them that his behavior according to Dr. Mills is typical of one with Asperger Syndrome.  We told them he has an organic brain disorder. The report states that.  One of the prosecutors told me everyone is jail is mentally ill. The head of the office seemed sympathetic to the chronic sorrow.   I had a deposition recently  and they tried to twist the Dr. Mills report.   They not only want to lock him away for 45 years, but they extended the time period of the stalking to include the time he is in jail.  That is punishment fit for a major drug dealer and/or murderer.  This case as it always has,  cries out for treatment and not incarceration. Daniel was living with us for the entire time and did not go to Iowa.  This has not stopped the charges of stalking and extortion.   This is not what our founding fathers envisioned that America should be.  Daniel has already been in jail and prisons for most of the time since 2007.


Dr. Mills has stated that Daniels’s so called criminal conduct is caused by his Asperger Syndrome.  “Mr. Jason cannot legitimately be considered morally responsible for his misconduct.”  Dr. Mills also states that “The lack of significant history of violence is important.”
As stated in the article Forensic aspects of Asperger’s Syndrome by Justin B. Barry-Walsh and Paul E. Mullen in the Journal of Forensic Psychiatry & Psychology,” ….. it behooves us to draw to the court’s attention the obvious: that patients with Asperger’s Syndrome suffer from mental disorder and that their offending and subsequent disposition must be placed in this context. The core features of Asperger’s Syndrome and how they determine what the individual knows and understand of the world should form a basis for sophisticated assessment of the issues of disability.”  

Joseph M. Jason, President NAMI BA (847)537-3009
Member of Criminal Justice Advocacy for People with Mental Illness
Chairman-Criminal Justice Action Committee
“If societies are judged by how they treat their most disabled members. Our society will be judged harshly indeed,” said E. Fuller Torrey M.D., a research psychiatrist and Treatment Advocacy Founder.

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