Cox News Service
WEST PALM BEACH, Fla. -- A few years ago, I testified in a trial. I
was not suing or being sued. I was simply a witness. Opposing
counsel tried to discredit my testimony by dragging my mental
illnesses into court. The attorney who had subpoenaed me assured me
that the judge would not allow it. It wasn't relevant, he said.
The judge allowed it.
After a few questions, the judge changed his mind and told the
jury to disregard what they had heard. I was angry and embarrassed.
My decision to seek help confirmed that I had a problem. Maybe if I
had not sought help, that lawyer would not have been able to ask
those questions. Seeking help had nailed me.
I have seen this in court before. A lot. I covered the court
beat for about 12 years. Sometimes I saw it in divorce cases. Often
I saw it in criminal cases.
The most memorable example was the William Kennedy Smith rape
case. Late on a Friday afternoon - a time when it is nearly
impossible to reach anyone for comment - Smith's attorneys filed a
motion for the accuser's medical records.
Among the reasons: The records would show that the woman was
"suffering from a psychiatric disorder," that could explain why
she "made a false accusation against Mr. Smith." They also wanted
to know whether the woman had ever been in drug or alcohol rehab.
Don't you know that mentally ill people are liars and alcoholics
and addicts cannot be trusted? We are lousy parents, lazy spouses
and unpredictable employees. God forbid you ever seek help and some
kind of medical record - "subpoena bait" - is created.
This is why many people with medical insurance pay out-of-pocket
for psychiatrists, prescriptions and therapy. They don't want to
create a record of their mental illness.
I absolutely agree that some of us are reckless - even
dangerous. Some of us are lazy and unpredictable. These can be good
reasons to change custody or dismiss charges. But many of us are
not. We are simply sick. Seeking help is smart. It shows good
judgment. When we get help, we get better. And when we are better
we can become fine parents, workers and citizens.
There is a line that should not be crossed in court. Every judge
and lawyer draws his or her own line. Yes, there is case law to
guide these decisions. But too often, the will to win, belittle or
get even consumes what is just and fair. Despite a judge's best
efforts, what a jury or the public hears cannot be unheard.
Even though the judge in the William Kennedy Smith case did not
allow the woman's medical records into evidence, the lawyers'
implication that she may have been treated for a "psychiatric
disorder" suggested that she was cuckoo - and not to be believed.
Smith's attorney, Roy Black, hammered home that point while
cross-examining the woman.
"You went to see your psychologist that morning?" Black asked
about the morning after the incident.
"Yes."
"One of your routine appointments?" Black asked sarcastically.
"Yes."
This kind of behavior in court forces mental illness
underground. It fuels the stigma and prevents people from seeking
help. It is not justice.
Christine Stapleton writes for The Palm Beach Post. E-mail:
cstapleton AT pbpost.com.