In U.S. v. Diaz, No. 09-15421 (Jan. 12, 2011), the Court affirmed a district court’s grant of permission to medicate a defendant involuntarily in order to render him mentally competent to stand trial.
After reviewing at length the expert reports regarding Diaz’s schizophrenia, and statistical studies regarding the effectiveness of medication, the Court found a “substantial likelihood that anti-psychotic medication will restore Diaz to competency,” and that this medication “is not substantially likely to cause side effects that would interfere with Diaz’s ability to assist counsel.” The Court credited expert opinions that side effects “easily can be controlled with supplemental medication.” The Court also noted that if the side effects could not be controlled, Diaz would be switched to another treatment regimen.
The Court rejected Diaz’s argument that the government made only “token” efforts to take his medication voluntarily. The Court noted that Diaz had refused medication since 2008. The Court further noted that psychotherapy is not an effective alternative to treat schizophrenia in the absence of medication, because schizophrenia is caused by a biological condition, a chemical imbalance.
