Peotic Injustice2

No Way Out Poetic injustice On November 6, 2008 Kay Kim was arrested in her house by a policeman who came one hour of the incident. A hair dresser assistant (Rhonda Heath) to one my neighbor(Linda Handlon) came to my house and buzzed my buzzer because she couldn’t get in the locked security door. Kay Kim went out and she forced herself into the unit. She hurt my wife’s toe nail with the door. Another neighbor(Mae Vera) was upstairs and videoing the entire incident. An hour later the Police came and did not arrest the intruder even though she signed on the Affidavit that she forced herself through the locked door. INJUSTICE #1 The Police did not arrest the person who forced entry into my complex. Kay Kim was arrested with the following charges: Bodily fluid on another person (spitting); resisting police arrest and battery. The first charge was dismissed in the jail. Two remaining charges are misdemeanors cases.

When her case goes to the Marion County Criminal Superior Court no judge want to take her case. The Indiana Supreme Court has to appoint a special judge J. Proffitt from the Hamilton County Court even though she asked to be excused. INJUSTICE #2 The Special Judge refused to dismiss three old cases (2004,2005,and 2006) which expired Statue of Limitations. The Special Judge did not allow Kay Kim to subpoena the video tape of the actual incident. The 911 tape from the Police Dispatch was mysterious missing. The Judge refused to allow Kay Kim to Subpoena a copy of the call records. The Judge felt that Kay Kim cannot represent herself or assist counsel (public defender.)

Even though Kay Kim has never misbehaved herself in the court room. She has never been violent or abusive in the court. She has file all the necessary motions in a timely manner. She can represent herself in the Federal District Courts against renowned attorneys, Attorney General, and city Attorneys. Only the Special Judge in the Marion County Criminal Court believe that she is incompetent to stand trial. She ordered Kay Kim to be evaluated by Dr. Parker. INJUSTICE #3 Kay Kim was sent to be evaluated by Dr. Parker three times. Each time his report reflects exactly what the Court asked for. Kay Kim should be sent to a different psychiatrist for a second opinion. Would anyone go back to the same doctor who certifies that you are dying? Dr. Parker has a vested interest in ensuring a steady supply of patients to the mental institutions even though he is employed as the Head of Department of Psychiatry in Indiana University. The Logonsport State No way Out 1

Hospital is charging $800 per day of her stay there.

Kay Kim is a law abiding and non violent citizen. She is handicapped and cannot move comfortably without a walking stick or powered chair. In China there is a saying: “A leaky bucket always leak.” We have been staying in the same condominium village for the last 10 years. There are more than 250 separate families living there. Kay Kim has never been convicted of a violent crime. She has never been charged for destroying any property. Since Nov 2006 she has not been arrested. INJUSTICE #4 Dr. Parker certified with medical certainty that Kay Kim should be committed to a mental institution if the Court concurs because she is a danger to her community. Under IC 11-12-3.7 6 “violent offences” include “battery “(IC 35-42-21.5) as Class A Felony, Class B Felony and Class C Felony). So her misdemeanor charge cannot be classified as “violent.” Dr. Parker has no evidence whatsoever. He believed that “Police do not lie.” and he assumed one is always guilty as charged. Dr. Parker flagrantly violated R704(b) which states “no expert witness testifying with respect to the mental state or condition of a defendant in a criminal may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged of a defense thereto. Such ultimate issues are matters for the trier of fact alone.” Dr. Parker maliciously and intentionally added the “danger” so that the court can commit Kay Kim. Under Indiana Law a doctor must commit a person to a mental institution if he thinks that he is a risk to himself or to the society. He left it to the Court which committed Kay Kim four months after his evaluation. Judge Proffitt took Kay Kim rights to represent herself without a competency hearing. Judge Proffitt takes the testimony of Dr. Parker who is being sued by Kay Kim in the Federal District Court (Cause 1:09-cv-0829). Judge Proffitt did not allow Kay Kim to question or cross examine the testimony against which is a violation of her civil rights. Judge Proffitt gave Dr. Parker the three cases with expired Statue of Limitation which is a violation of Kay Kim rights to due process. INJUSTICE #5 Kay Kim was committed to a mental institution on September 25, 2009. This is a very cruel and unusual punishment for a misdemeanor case. For life without parole a person must be convicted beyond doubt by a jury of his peers. In this case Kay Kim can be committed indefinitely – for life just because the report of a single psychiatrist. No one has come to my neighborhood and determine the sanity of Kay Kim. Kay Kim was also evaluated by three different state psychiatrists at the time of each arrest. They all verified that Kay Kim does not have any evidence of psychosis and is tested negative for any drug abuse. To make the situation worse , Dr. Parker is ironically the same person who can certify that Kay Kim is fit to stand trial.

Kay Kim has been in the Marion County Jail from September 25, 2009 till October 14, 2009. The Court wanted to her to post a $1,000 surety bond. When I paid the bond the jail refused to release her. She was sent to the Logonsport State Hospital in Logonsport, Indiana. In the State Hospital she is “tortured” by the staff. They make her sit up 18 hours a day. She cannot have a walking stick or a wheel chair. They gave her a walker that is of no help. She is suffering from chronic pain and is not allowed to sit down on the floor or rest in the bed room. Her blood pressure got as high as 180/120. They forced her to take medication instead of letting her rest. The medication upset her stomach and acid reflux gets into her throat and mouth. She has diarrheal since Sunday. They refused to give her Maalox or Immodium AD. They claimed she is faking and has to keep her stool to show the nurse. She doe not have a knee and the nurse keep on forcing her to bend her leg. Finally she went to x-ray her leg. INJUSTICE #6 Under IC 12-26-6-8 a person committed to an institution must be evaluated in a community mental health nearest his home. I wonder why she 19 days in jail and is sent to Logonsport State Hospital directly. The State Hospital do not provide adequate care for her physical disability. They are so used to dealing with mental patients who cannot complain and can be treated anyway they like. I offered to bring my own wheel chair for her but has not got a reply yet. The Psychiatric also told Kay Kim that “battery is a very serious crime. “

Since Kay Kim has no way out I petitioned for a writ of habeas corpus in the Federal Court (1:09-cv-1221) The court allowed the State of Indiana to show cause within 20 days from date of order (9/30/2009). I have been waiting patiently for the State’s reply. At 4.30 pm on October 20, 2009 the State filed electronically for an extension of time till November 19,2009 citing that they no time to get the court documents. INJUSTICE #7 In this electronic era it is surprising that the Attorney General’s office could not get the documents within the allowed time. The Attorney General’s office is less than a mile from the Court and a simple phone call could have the files delivered. Why did the State waited until the eleventh hour to file? If the US District Court granted the motion for the enlargement of time Kay Kim would have been committed for 65 days. Her next court date is on December 15, 2009. Won’s it negate the purpose of my writ of habeas corpus?

Kay Kim is under much stress in the State Hospital. Her blood pressure has never been so high before. The Hospital has not taken care of her physical needs adequately. She is in constant pain and they claimed she is faking. She actually prefer to be in the jail where there is less comfort and more restriction. At least they take care of her physically. INJUSTICE #8 It cost the state $800 a day for Kay Kim to be in the State Hospital. That adds up to $300,000 a year. Do you think there is any incentive for the State Hospital to release a patient. There are about 25 people in each ward so the State Hospital No way Out 3

operating budget is a cool 100 million a year. Kay Kim wanted to be put in jail which costs only about $15,000 a year. You do the maths but I can’t understand why they will not release a sane person back to the prison. Kay Kim is faced with so much injustice. There seem to be no way out. The odds are insurmountable. If she cannot get justice in our Court Systems, I am sure God in his almighty power will give her justice she so deserved. God bless you and God Bless America.