School Shooting Is Another Opening to Talk About Guns

After working as an expert in school shootings for the past two decades I have to disagree with the idea that school shootings are a gun problem or a bully problem. The world should have been able to see that after Josh Powell set his home on fire with him & his two children inside. There are many ways to kill if you are determined to do so.

There are prescription drugs on the market that produce both homicidal & suicidal ideation – which means the drugs produce ruminating thoughts of killing others or themselves coupled with ruminating thoughts of various methods of killing. Those medications are marketed as antidepressants.

The following is a link to a statement by Michael Moore after doing to movie Bowling for Columbine where they focused on the guns. You will see he has changed his mind about the guns & now knows it was the antidepressants that caused Columbine:

http://www.drugawareness.org/articles/michael-moore-cause-of-columbine

parenting.blogs.nytimes.com

The shootings in a high school cafeteria in Charden, Ohio, give parents yet another opportunity to talk with our children and neighbors about gun violence.

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LEXAPRO: Judge Experience​s Antidepres​sant-Induc​ed Hypomania

A doctor who is telling the truth about the hypomanic episode this
judge experienced from his antidepressant?!!!!! How refreshing that
the patient is getting the truth rather than being told he had an
“underlying” Bipolar Disorder that was manifest by his antidepressant
use!!!!! Why can’t other doctors be as honest and come right out and
tell the patient that their Bipolar symptoms have been brought on by
their antidepressant?

BUT when a patient experiences mania or hypomania from an
antidepressant, it is ABSOLUTELY INSANE to think they will not
experience it again on a different antidepressant! He and his family
had better hold their breaths!

What a shame when this happened that he did not have a copy of my DVD,
“Bipolar, Shmypolar! Are You Really Bipolar or Misdiagnosed Due to the
Use of or Abrupt Discontinuation of an Antidepressant?” If he had, the
DVD would have served as a warning for him about this common reaction
to both antidepressant use and abrupt withdrawal from antidepressants.

Why are these “Bipolar” patients not told they are suffering
continuous mild seizure activity which is what Bipolar Disorder is – a
sleep/seizure disorder brought on by the drugs?! ANTI-depressants are
stimulants, stimulants over stimulate the brain producing seizures.
The one time of day we all are in seizure activity is during REM sleep
– the dream state. So antidepressants are basically chemically
inducing the dream state during wakefulness.

By the way, the names “Mania” and “Hypomania” should be changed to
“Shear Hell on Earth!!!!!!!”

Ann Blake-Tracy, Executive Director
International Coalition for Drug Awareness
www.drugawareness.org & www.ssristories.drugawareness.org
Author: Prozac: Panacea or Pandora? – Our Serotonin
Nightmare – The Complete Truth of the Full Impact of
Antidepressants Upon Us & Our World & Help! I
Can’t Get Off My Antidepressant!

First, there was his heart stent surgery in the spring of 2009.

Following surgery, he found himself feeling depressed, a scenario
experienced by some heart patients, he later learned. The depression
was compounded by the death of a good friend, he said.

Next, came a period of his taking an antidepressant, Lexapro,  that he
found helpful. But, he said, he stopped the medicine, on his own, too
quickly.

What happened next, he said, was later diagnosed as an episode of
hypomania, an expression of bipolar disorder. . .

Blanche [Downing’s physician], though, describes the episode as a case
of antidepressant-induced hypomania, attributing it to a second
antidepressant that Downing was later prescribed by another physician.

“Medications can commonly cause hypomania, and it’s not really
understood why,” said Dr. Mark Townsend, a professor of psychiatry at
the LSU Health Sciences Center in New Orleans.

Antidepressants can bring on hypomania, as can steroids, he said.

“There’s really not a diagnostic category for antidepressant-induced
hypomania” in the current Diagnostic and Statistical Manual of Mental
Disorders, Blanche said, but he predicted there will be one in the
manual’s next edition.

Find this article at:

http://www.2theadvocate.com/features/people/Handling-hypomania.html?showAll=y&c=y

Former Judge Bob Downing explains episode that led to his resignation

By ELLYN COUVILLION
Advocate staff writer
Published: Mar 13, 2011 – Page: 1D

Comments (3)

Bob Downing, former 1st Circuit Court of Appeal judge, whose sudden
resignation from the bench last summer was surrounded by confusion,
can sort  out the events on a kind of timeline.

First, there was his heart stent surgery in the spring of 2009.

Following surgery, he found himself feeling depressed, a scenario
experienced by some heart patients, he later learned. The depression
was compounded by the death of a good friend, he said.

Next, came a period of his taking an antidepressant, Lexapro,  that he
found helpful. But, he said, he stopped the medicine, on his own, too
quickly.

What happened next, he said, was later diagnosed as an episode of
hypomania, an expression of bipolar disorder.

During the episode that lasted approximately three months, Downing
spent money wildly, alienated family, friends and employees and
resigned from the judicial bench, about the time he was hospitalized
and treated.

“It was a short period. It seemed like an eternity,” Downing, 61, said
recently from an office at the law firm of Dué, Price, Guidry,
Piedrahita and Andrews, where he’s working in an “of counsel” status.

In that capacity, Downing said that attorneys with the firm will work
with him on cases he brings in, but he is not on salary at the firm.
Downing handles personal injury cases.

Now being treated with medication for what was likely a one-time event
and back to feeling like himself, Downing said he recently decided to
speak out about his experience for several reasons.

“For people who have open heart surgery or stents, watch out for
depression,” Downing said.

One in five people experience an episode of depression after having
heart surgery, according to the website,http://www.psychcentral.com,
an independent mental health and psychology network run by mental
health professionals.

Downing also advises people taking antidepressants to stay in touch
with their doctor.

And, he said, “If you start feeling really wonderful and start
spending a lot of money, you need to see a counselor,” Downing said.

Hypomania is “a condition similar to mania but less severe,” according
to MedicineNet.com, a physician-produced online health-care publishing
company.

“The symptoms are similar, with elevated mood, increased activity,
decreased need for sleep, grandiosity, racing thoughts and the like,”
the company reports at its medical dictionary
website,http://www.medterms.com.

“It is important to diagnose hypomania, because, as an expression of
bipolar disorder, it can cycle into depression and carry an increased
risk of suicide,” the site reports.

Bipolar disorder is marked by periods of elevated or irritable mood —
the mania — alternating with depression, according to the National
Institutes of Health.

The mood swings between mania and depression can be very abrupt, it reports.

“Whether it’s hypomania or mania is a matter of severity,” said local
psychiatrist Dr. Robert Blanche, who is Downing’s physician.

“In general, it’s an elevated or an irritable mood that’s not normal
for the person,” Blanche said.

“In his (Downing’s) case, he was irritable and also, maybe the word is
‘expansive’ in his affects, (showing) euphoria, elation and
excitement,” Blanche said.

“He had never had a history of this before,” Blanche said.

Downing theorizes that his stopping his antidepressant too quickly, on
his own, led to the episode.

Blanche, though, describes the episode as a case of
antidepressant-induced hypomania, attributing it to a second
antidepressant that Downing was later prescribed by another physician.

“Medications can commonly cause hypomania, and it’s not really
understood why,” said Dr. Mark Townsend, a professor of psychiatry at
the LSU Health Sciences Center in New Orleans.

Antidepressants can bring on hypomania, as can steroids, he said.

“There’s really not a diagnostic category for antidepressant-induced
hypomania” in the current Diagnostic and Statistical Manual of Mental
Disorders, Blanche said, but he predicted there will be one in the
manual’s next edition.

Blanche said the only way to arrest the condition of hypomania is for
the person to go into the hospital so that their medications can be
adjusted.

During his own hospitalization, Downing was prescribed a mood
stabilizer, Depakote, classified as an anti-seizure medicine and the
medicine most commonly prescribed for mania by psychiatrists, Blanche
said.

The medicine acts to bind up what can be described as “excitatory”
chemicals in the brain, Blanche said.

Ultimately, though, that can result in a depletion of those chemicals
and a person can slide into a depression, Blanche said.

“If (a patient) is on a mood stabilizer, you can introduce an
antidepressant,” he said.

Downing said that his current antidepressant, Wellbutrin, is working
well for him.

After living through a hypomanic episode, some patients choose to stay
on the medicine, Blanche said.

“Some people will actually choose to stay on the medicine, just
because they don’t want it to ever happen again,” he said.

Fortunately, the condition “is one of the most treatable conditions in
psychiatry,” added Blanche, who serves as the psychiatrist at the East
Baton Rouge Parish jail and is the medical director of an emergency
psychiatric treatment center affiliated with the Earl K. Long Medical
Center.

Downing’s experiences this summer seem to have had all the markings of
manic episodes of bipolar disorder.

“Around the first of June 2010, I started feeling really good, started
talking a lot more, making big plans,” Downing said.

Around that time, he went to speak at a law conference in Carmel, Calif.

“I went to Yosemite, it was beautiful. I would wake up at 3 o’clock, 4
o’clock, 5 o’clock (thinking) ‘You need to retire, buy some foreclosed
properties, fix them up and make money to help people in India dig
wells,” Downing said.

“I was making grandiose plans,” he said.

Usually frugal, he started spending money, too, he said.

Before the episode was over, he had run up debts of almost $100,000,
buying such things as a 1971 Rolls Royce, three Harley-Davidson
motorcycles and a 1952 police car, he said.

He also bought a $1,000 commercial pressure washer, a large lawn
tractor and expensive new tools to help put a formerly homeless man
into business, he said.

“He just wasn’t himself,” said his wife, Pam Downing.

The couple will have been married 30 years on March 29.

“When the person is in that condition, you really can’t reason with
them,” Blanche said.

“The amazing thing about it is that it robs the person of their
insight,” he said.

In contrast, people are “painfully aware” of the other aspect of
bipolar disorder — depression, Blanche said.

Physicians and employers may miss a condition like hypomania, said
Townsend, because, like most people, “we like happy people, perky
people.”

“There’s a little more-rapid thinking, (rapid) speech, a decreased
need for sleep” in someone with mania, he said.

“When it becomes a condition is when it affects functioning,” Townsend said.

“It’s wonderful that the judge is willing to be an advocate for
bipolar disorder” awareness, Townsend said, referring to Downing.

“It’s very common, and people with it can be very productive members
of our society. It’s all around us,” he said.

Downing’s symptoms brought along misunderstandings among friends and
family members and conflicting ideas on the cause and solution of the
situation, he and family members said
Downing said he refused to seek treatment.

Finally, at one point, his eldest daughter, Kathryne Hart, 27, after
consulting with a physician, sought to have her father committed to a
hospital. Hart’s efforts came after Downing threatened suicide if
there was any more talk about his going to see a doctor.

“She was very brave,” Downing said.

But Downing wasn’t at home as expected when sheriff’s deputies arrived
to bring him to the hospital.

Pam Downing, who supported Hart in the decision, had taken the
couple’s son, Wes Downing, then 24, to visit a relative in Missouri
and to get away from the stressful situation at that time. The
Downings also have another daughter,  Kiera Downing, 26.

Shortly afterward, a group of Downing’s friends brought Downing to see
Blanche, who then admitted Downing into a psychiatric hospital, and
Downing began the recovery process, Kathryne Hart said.

Hart said that the threat of her father taking his life was something
she couldn’t ignore.

When she was in middle school, she said, two fellow students killed
themselves within a week of each other.

“I couldn’t take that chance,” she said. “I was going to do anything
to save him.”

The family said it took about a month after his hospitalization for
Downing to begin seeming like himself again and to understand what had
happened.

Downing said he has struggled with guilt over the debt he accrued
during the manic episode.

He’s taken heart, he said, from something he read in the book “Words
to Lift Your Spirit” by Dale Brown:

“When we do experience failure in our jobs or in our personal lives,
we must not shackle ourselves with guilt, because it can lead to the
silent suffocation of our spirit.”

Downing said that his speaking about his experience is a way to bring
something positive from it.

“He’s 100 percent better,” Hart said. “He’s completely back to normal.
He’s reconciled with all of us.”

“Something like this either tears a family apart or makes it
stronger,” Pam Downing said.

For them, the experience has made the family stronger, she said,
adding that they received a lot of support from the pastors of their
church, First Presbyterian.

Downing, who receives a pension for his years of public service,
served as a district judge for 15 years and as a 1st Circuit Court of
Appeal judge for 10 years.

Over the years, he also worked in various volunteer programs for
prison inmates, such as a Bible study and a program that prepared
inmates for getting jobs when they were released.

He also previously served on the boards of Cenikor, a treatment
community to help people end substance abuse, and the Baton Rouge
Marine Institute, now AMIkids Baton Rouge.

Looking back on the events of last summer, he said, “Twenty-five years
in public service and, then, at the end of my career, people are
going, ‘What’s happening? Something’s wrong.’”

Looking ahead to the future, Downing said, “I’ve been a positive
person most of my life. I can see light at the end of the tunnel.”

Bipolar disorder, classified as a mood disorder, affects about 5.7
million Americans or approximately 2.6 percent of the U.S. population.

The disorder, which affects men and women equally, involves periods of
mania — elevated or irritable mood — alternating with periods of
depression. There are two types. Bipolar disorder type I involves
periods of major depression and was formerly called manic depression.
Bipolar disorder type II involves hypomania, with symptoms that aren’t
as extreme as the symptoms of mania.

In most people with bipolar disorder, there is no clear cause.

The following, though, may trigger a manic episode in people
vulnerable to the illness:

Life changes such as childbirth.
Medication such as antidepressants and steroids.
Periods of sleeplessness.
Recreational drug use.

Symptoms of the manic phase can last from days to months and include:

Agitation or irritation.
Inflated self-esteem.
Noticeably elevated mood.
Poor temper control.
Impaired judgment.
Spending sprees.

Medicines called mood stabilizers are the first line of treatment.
Antidepressant medications can be added to mood-stabilizing drugs.
Other medications used to treat bipolar disorder are anti-psychotic
drugs and anti-anxiety drugs.

Source: The National Institutes of Health

Capitol news bureau writer Michelle Millhollon contributed to this story.

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Power Naps Boost Brainpower

For those of you who have read my book Prozac: Panacea or Pandora? – Our Serotonin Nightmare with the extensive information on the great importance of sleep this report will be no surprise at all. It is always nice to have a confirmation of the information though. I thought it quite interesting to note that these researchers found that a nap can dramatically boost and restore your brainpower, refresh the mind, improve one’s capacity to learn, and make you smarter while to the contrary staying up late to cram for a test can decrease ability to learn by almost 40%! The more hours we stay awake the more sluggish our minds become. This makes it easy to understand why antidepressants, which produce so much insomnia and other sleep disorders, prevent you from learning and produce so much memory loss! Ann Blake-Tracy, Executive Director, International Coalition for Drug Awareness www.drugawareness.org & www.ssristories.drugawareness.orgAuthor: Prozac: Panacea or Pandora? – Our Serotonin Nightmare – The Complete Truth of the Full Impact of Antidepressants Upon Us & Our World & Help! I Can’t Get Off My Antidepressant! http://psychcentral.com/news/2010/02/22/power-naps-boost-brainpower/11615.html Power Naps Boost Brainpower By RICK NAUERT PHD Senior News Editor Reviewed by John M. Grohol, Psy.D. on February 22, 2010 New research suggests an hour’s nap can dramatically boost and restore your brainpower. Researchers from the University of California, Berkeley discovered a nap can not only refresh the mind, but make you smarter. Conversely, the more hours we spend awake, the more sluggish our minds become, according to the findings. The results support previous data from the same research team that pulling an all-nighter – a common practice at college during midterms and finals –- decreases the ability to cram in new facts by nearly 40 percent, due to a shutdown of brain regions during sleep deprivation. “Sleep not only rights the wrong of prolonged wakefulness but, at a neurocognitive level, it moves you beyond where you were before you took a nap,” said Matthew Walker, an assistant professor of psychology at UC Berkeley and the lead investigator of these studies. In the recent UC Berkeley sleep study, 39 healthy young adults were divided into two groups – nap and no-nap. At noon, all the participants were subjected to a rigorous learning task intended to tax the hippocampus, a region of the brain that helps store fact-based memories. Both groups performed at comparable levels. At 2 p.m., the nap group took a 90-minute siesta while the no-nap group stayed awake. Later that day, at 6 p.m., participants performed a new round of learning exercises. Those who remained awake throughout the day became worse at learning. In contrast, those who napped did markedly better and actually improved in their capacity to learn. These findings reinforce the researchers’ hypothesis that sleep is needed to clear the brain’s short-term memory storage and make room for new information, said Walker, who presented his findings at the annual meeting of the American Association of the Advancement of Science (AAAS) in San Diego, Calif. Since 2007, Walker and other sleep researchers have established that fact-based memories are temporarily stored in the hippocampus before being sent to the brain’s prefrontal cortex, which may have more storage space. “It’s as though the e-mail inbox in your hippocampus is full and, until you sleep and clear out those fact e-mails, you’re not going to receive any more mail. It’s just going to bounce until you sleep and move it into another folder,” Walker said. In the latest study, Walker and his team have broken new ground in discovering that this memory-refreshing process occurs when nappers are engaged in a specific stage of sleep. Electroencephalogram tests, which measure electrical activity in the brain, indicated that this refreshing of memory capacity is related to Stage 2 non-REM sleep, which takes place between deep sleep (non-REM) and the dream state known as Rapid Eye Movement (REM). Previously, the purpose of this stage was unclear, but the new results offer evidence as to why humans spend at least half their sleeping hours in Stage 2, non-REM, Walker said. “I can’t imagine Mother Nature would have us spend 50 percent of the night going from one sleep stage to another for no reason,” Walker said. “Sleep is sophisticated. It acts locally to give us what we need.” Walker and his team will go on to investigate whether the reduction of sleep experienced by people as they get older is related to the documented decrease in our ability to learn as we age. Finding that link may be helpful in understanding such neurodegenerative conditions as Alzheimer’s disease, Walker said. Source: University of California, Berkeley

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LEXAPRO & ALCOHOL & MEDICAL MARIJUANA: Murder: Woman Stabs Man To Death: CA

Paragraph eleven reads:  “During the interview, Rothwell
at times explained she was really drunk during the incident. However, she also
denied feeling “buzzed,” explaining she could “see straight” and was not falling
down drunk. She also admitted she drinks “a little bit” and takes medical
marijuana everyday. Rothwell said she takes Lexapro for anxiety and
depression and that she had taken her medication the night of the
incident.
Rothwell told police she has anger problems and when her
father died two years ago it “kinda pushed” her over the edge. She admitted to

stabbing a friend Alex Montes in the arm approximately a year and one-half
before when they were drunk and playing around. Rothwell explained she was not
mad at Montes, but he had said  ‘you won’t [stab me],’  so she did.
Rothwell agreed there were similarities about the two incidents with Rivas and
Montes because each man had dared her to stab him.”

SSRI Stories
Note:  The Physicians Desk Reference states that
antidepressants can cause a craving for alcohol and can cause

alcohol abuse. Also, the liver cannot metabolize the antidepressant and
the alcohol simultaneously, thus leading to higher levels of both alcohol and
the antidepressant
in the human body.

http://www.leagle.com/unsecure/page.htm?shortname=incaco20100422068

PEOPLE v. ROTHWELL

THE PEOPLE, Plaintiff and
Respondent,
v.
SAMANTHA ELIZABETH ROTHWELL, Defendant and
Appellant.

No. G040557.

Court of Appeals of California, Fourth
District, Division Three.

Filed April 22, 2010.

Christine Vento,
under appointment by the Court of Appeal, for Defendant and
Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette,
Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General,
Jeffrey J. Koch and Pamela Ratner Sobeck, Deputy Attorneys General, for
Plaintiff and Respondent.

NOT TO BE PUBLISHED IN OFFICIAL
REPORTS

OPINION

O’LEARY, Acting P.
J.

Samantha Elizabeth Rothwell appeals from a judgment after a jury
convicted her of second degree murder and found true she personally used a
deadly or dangerous weapon, a knife, in the commission of the crime. Rothwell
argues her federal constitutional rights were violated when the trial court
refused to instruct the jury to consider evidence of her intoxication in
determining whether she acted with conscious disregard for human life. We
disagree and affirm the judgment.

FACTS[ 1 ]

One afternoon, a group of 10 to 15
friends rented a room at the Hotel Huntington Beach to celebrate Nicole Alcala’s
birthday. Rothwell, one of the invitees, and her friend, Kristina Torres,
arrived around 8:30 p.m. Marc Bellatiere and his girlfriend, Jennifer Mulcahy,
were at the party when Rothwell and Torres arrived. Mulcahy also invited her
brother Ryan Soto. Eighteen-year-old Walter Rivas was also at the
party.

Sometime in the evening, the group went to the beach to meet with
friends. Rothwell chose to stay at the hotel. When the group returned sometime
after midnight, Soto recalled that Rothwell “didn’t seem like herself.” While
some people started getting ready for bed, Bellatiere went outside to the fifth
floor stairwell landing to smoke a cigarette. Mulcahy, Torres, Rothwell, and
Rivas joined him. For the first five to 10 minutes, the mood was fine. However,
the atmosphere changed when Rivas began talking about seeing God the last time
he was in Huntington Beach. Rothwell became upset and ordered Rivas to not “talk
about God. I don’t like hearing about that stuff.” Rivas was taken aback by
Rothwell’s response and asked her why. She replied, “It’s because I’m the
devil,” and demanded Rivas “stop talking about it.” Rivas responded, “I’ll talk
about whatever I want.” Rothwell threatened, “If you don’t stop talking, shut
up, I’ll stab you.” No one in the group took Rothwell’s threat seriously. Rivas
said jokingly, “If you are going to do it, do it,” and continued to talk about
God. Rivas was not threatening, did not make any aggressive moves toward
Rothwell, and made no physical contact with her.

Rothwell walked to the
hotel room and flung the door open. Mulcahy followed and tried to calm her down.
Rivas stayed on the landing talking with Torres. When Rothwell and Mulcahy
entered the hotel room, it was dark and everyone was sleeping. Rothwell went to

the side of the bed where her belongings were located and began digging through
her purse while saying, “@#$% this guy . . . he can’t be talking to me like
this.” Mulcahy tried to grab Rothwell and calm her down, but Rothwell pulled
away and left the room.

Rothwell returned to the stairwell and headed
straight for Rivas. Rothwell swung her closed fist toward Rivas’s neck. Rivas
was substantially taller than Rothwell and struggled against her, but she
stabbed him in the jugular vein and in the back. When Rothwell took her arm
away, Rivas was bleeding profusely and said, “That @#$% fucking stabbed me.
That @#$% fucking stabbed me.” Bellatiere and Torres walked Rivas back to the
hotel room where they had him lay on the bathroom floor.

Rothwell
returned to the room and quickly gathered her things to leave. Soto asked, “Why
did you do it? What happened?” and Rothwell responded, “It wasn’t a big fucking
deal, get over it,” or “Get the @#$% over it. @#$% you,” and left the room
passing a bloody Rivas. Rothwell left bloody fingerprints on the stairwell
railing as she left. Someone called 911.

Bellatiere, Mulcahy, and Soto
left the hotel scared and panicked while Alcala and Torres tended to Rivas. The
group drove down the street and parked. Bellatiere left because he was the only
one in the group who was over 21 years old and had brought alcohol for the
party, which included underage party guests. Bellatiere, Mulcahy, and Soto
called Mulchay’s mother and asked what they should do. As a result of that
conversation, about one hour later, Bellatiere, Mulcahy, and Soto returned to

the hotel. Bellatiere and Mulcahy spoke to police who were at the
hotel.

Rivas died at the hospital. An autopsy determined he bled to death
as a result of an L-shaped stab wound in the left jugular vein of the neck.
Rivas had a blood alcohol level of .09% before his death. He would have needed
four and one-half to five drinks to reach that level.

Police officers
arrested Rothwell the next day at her apartment in Valencia. Officer Michael
Reilly executed a search warrant and found her purse and backpack. In a small
pocket of her backpack, he found a folding knife with dried blood on it. Dried
blood was also found on her backpack, tennis shoes, and pants. Inside Rothwell’s
purse, Reilly found a McDonald’s receipt from earlier that morning at 2:39 a.m.
for a double cheeseburger and chicken nuggets.

Later that day, officers
interviewed Rothwell at the Huntington Beach Police Department. After waiving
her Miranda[ 2 ] rights, Rothwell told police she consumed
three beers and two or three shots of alcohol and vomited while the others were
at the beach. Rothwell explained that while having a cigarette on the fire
escape, she had a conversation with Mulcahy about how she used to cut herself,
which sparked an argument with Rivas. She recalled Rivas said he “found God in
Huntington Beach,” but said it did not make her upset and she was joking when
she said the devil visited her. She explained Rivas had been drinking and yelled
at her to stab him. In response, she walked back to the hotel room and got her
knife. She denied saying she was going to stab Rivas. When she went back to the
stairwell, Rothwell alleged Rivas was taunting her to “stab me like that.”
Rothwell explained the two were wrestling and she was trying to get away when
she swung three times at his stomach and back and inadvertently stabbed him in
the neck. Rothwell explained Torres was screaming at her to stop, but she was
“drunk” and “pissed off” because Rivas had yelled at her and was grabbing her by
the arms. She told police that after she stabbed Rivas, he said, “You got me,”
and “[She] killed him.” Rothwell admitted seeing Rivas laying on the floor
bleeding profusely but gathered her belongings and left the hotel room because
she was terrified and realized he might die. Rothwell recalled saying, “tell
everybody to go to hell” to Mulcahy’s friend Marshall who had followed her down
the stairs. Rothwell explained that when she left the hotel she drove to

McDonald’s and purchased a double cheeseburger and chicken nuggets. Rothwell
explained she then went home and waited for the police to come and arrest
her.

During the interview, Rothwell at times explained she was really
drunk during the incident. However, she also denied feeling “buzzed,” explaining
she could “see straight” and was not falling down drunk. She also admitted she
drinks “a little bit” and takes medical marijuana everyday. Rothwell said she
takes Lexapro for anxiety and depression and that she had taken her medication
the night of the incident. Rothwell told police she has anger problems and when
her father died two years ago it “kinda pushed” her over the edge. She admitted
to stabbing a friend Alex Montes in the arm approximately a year and one-half
before when they were drunk and playing around. Rothwell explained she was not
mad at Montes, but he had said “you won’t [stab me],” so she did. Rothwell
agreed there were similarities about the two incidents with Rivas and Montes
because each man had dared her to stab him.

Rothwell cried while she told
police she did not mean to kill Rivas. When she heard about Rivas’s death she
“felt sick” and felt bad for his family. Rothwell did not know what made her do
it and admitted she is “not right.”

An indictment charged Rothwell with

murder in violation of Penal Code section 187, subdivision (a).[ 3 ]
The indictment alleged she personally used a knife, a dangerous and deadly
weapon, in the commission of the crime, pursuant to section 12022, subdivision
(b)(1).

At trial, the prosecutor offered Montes’s testimony. Montes
testified he was a good friend of Rothwell, had known her for three years, and
would see her everyday. Montes explained a conversation he had with Rothwell in
which she told him that she did not believe in God because her father told her
to say her prayers and when Rothwell woke up in the morning, her father was
dead. He testified Rothwell would get upset and very emotional if the topic of
God was discussed. He recalled she would say, “Don’t ever bring God up in my
house again. I don’t believe it.” Despite her anger about any discussion of God,
he never saw Rothwell pick up a weapon or heard her say she would stab someone
for talking about God. Montes recalled a night when he and Rothwell were
“playing around” and Rothwell said, “if you make me mad enough I’ll stab you.”
Not taking Rothwell seriously, Montes explained he said jokingly, “you won’t
stab me” and stuck his arm out. In response, she pushed the knife into his arm,
drawing blood. She apologized the next day, and Montes still considers her a
close friend.

Mulcahy also testified for the prosecution. Mulcahy was a
friend of Rothwell from high school and stayed in touch weekly. Mulcahy
testified Rothwell appeared to be fine when she entered the party. She explained
it was the first time Rivas and Rothwell had met. She believed Rothwell was not
religious but was also not an atheist. She also knew Rothwell carried a knife
for protection and could get very angry. Mulcahy testified everyone drank
throughout the night.

The prosecutor also offered the testimony of a
forensic scientist, Annette McCall. McCall testified blood samples gathered from
the scene compared with known samples of Rivas’s DNA revealed Rivas could “not
be eliminated as a source.” She also testified blood samples gathered from
Rothwell’s backpack and knife compared with known samples of Rivas’s DNA
revealed Rivas could “not be eliminated as a source.”

Rothwell offered
Torres’s testimony. Torres explained she and Rothwell were best friends. Torres
said they “probably smoked marijuana” before going to the hotel and she saw
Rothwell smoking marijuana throughout the night. Torres described Rivas as
always having a smile on his face. According to Torres, Rivas and Rothwell were
talking about religion on the landing and Rivas said he saw God on the beach.
Rothwell said, “I’m the devil.” Torres explained Rivas was calm and Rothwell was
yelling and then left briefly. Torres recalled that when Rothwell returned, it
appeared as though she was dancing with Rivas. She eventually realized it looked
confrontational and Rivas was trying to push Rothwell away. Torres testified she
never saw a knife. She saw the blood pouring from Rivas’s neck but did not think
he would die. Torres helped Rivas until the paramedics arrived. She remembered
Rivas saying, “Tell my mother I love her.” She stated Rothwell gathered her
belongings and left the hotel room. Torres thought she heard Rothwell say upon
her departure, “It’s no big deal, fucking deal with it.” Torres said Rivas had
not been confrontational or argumentative with Rothwell that night or in the
past. However, Torres explained Rothwell becomes confrontational whenever the
subject of God comes up. Torres also explained that if someone tells Rothwell
not to do something, she will do it. Furthermore, if someone dares Rothwell to

do something, she will. Torres testified she witnessed the stabbing of Montes by
Rothwell, which was the result of a dare. Torres also testified “`[Rothwell]
goes from zero to maniac . . . if you push her button.'”

Torres admitted
lying to the police to protect Rothwell. She tried to protect Rothwell because
she knew what Rothwell did was wrong and it was no accident. Torres explained
she called Christian Robinson, Rothwell’s boyfriend, and told him that Rothwell
had stabbed someone. Two days later, Torres felt she could no longer protect
Rothwell and typed a statement to police that she both faxed and hand delivered.
In the statement, she explained Rothwell had stabbed Rivas. She also reported
Rothwell said to Rivas, “Oh yeah, oh, you don’t think I won’t. You think I
won’t.”

The trial court instructed the jury on first degree murder and
second degree murder­both on the implied malice and no premeditation
theories­and involuntary manslaughter. Rothwell’s counsel requested CALCRIM
No. 3426, the voluntary intoxication instruction. The prosecutor objected based
on Rothwell’s statement she was not buzzed. The trial court expressed a
preference for CALCRIM No. 625, a voluntary intoxication instruction that
pertains directly to homicide. Defense counsel requested CALCRIM No. 625 be
modified to add malice aforethought, which includes implied malice. The
requested instruction (the Special Instruction) provided: “You may consider
evidence, if any, of the defendant’s voluntary intoxication only in a limited
way. You may consider that evidence only in deciding whether the defendant acted
with an intent to kill, or the defendant acted with deliberation and
premeditation, or acted with malice aforethought. [¶] A person is

voluntarily intoxicated if he or she becomes intoxicated by willingly
using any intoxicating drug, drink, or other substance knowing that it could
produce an intoxicating effect, or willingly assuming the risk of that effect.
[¶] You may not consider evidence of voluntary intoxication for any other
purpose.” The court declined to instruct the jury with the Special Instruction.
Instead, the court instructed the jury with CALCRIM No. 625 without the “or
acted with malice aforethought” language.

The jury convicted Rothwell of
second degree murder and found true the allegations she personally used a deadly
or dangerous weapon, a knife. The trial court sentenced her to prison for a
total term of 16 years to life.

DISCUSSION

Due Process and Fair Trial

Rothwell contends her federal constitutional rights to due process and a
fair trial were violated when the trial court, relying on section 22, refused to
instruct the jury it may consider her voluntary intoxication to negate implied
malice. Specifically, she argues section 22, subdivision (b), is
unconstitutional because it was designed to keep out relevant, exculpatory
evidence and is not a redefinition of the mental state element of the offense.
We disagree.

Section 22, most recently amended in 1995, provides: “(a) No
act committed by a person while in a state of voluntary intoxication is less
criminal by reason of his or her having been in that condition. Evidence of
voluntary intoxication shall not be admitted to negate the capacity to form any
mental states for the crimes charged, including, but not limited to, purpose,
intent, knowledge, premeditation, deliberation, or malice aforethought, with
which the accused committed the act. [¶] (b) Evidence of voluntary intoxication
is admissible solely on the issue of whether or not the defendant actually
formed a required specific intent, or, when charged with murder, whether the
defendant premeditated, deliberated, or harbored express malice
aforethought. [¶] (c) Voluntary intoxication includes the voluntary ingestion,
injection, or taking by any other means of any intoxicating liquor, drug, or
other substance.” (Italics added.)

The Legislature’s 1995 amendment to

section 22 inserted the word “express” before the word “malice” in subdivision
(b). The 1995 amendment was in direct response to People v. Whitfield
(1994) 7 Cal.4th 437 (Whitfield). In Whitfield, the California
Supreme Court held evidence of a defendant’s voluntary intoxication was
admissible to negate implied as well as express malice. (Id. at
451.)

The history of the 1995 amendment to section 22 was most recently
addressed in People v. Turk (2008) 164 Cal.App.4th 1361 (Turk). In

Turk, the court concluded, “The legislative history of the amendment
unequivocally indicates that the Legislature intended to legislatively supersede
Whitfield, and make voluntary intoxication inadmissible to negate implied
malice in cases in which a defendant is charged with murder.” (Turk,
supra,
164 Cal.App.4th at pp. 1374-1375.)

Rothwell argues section 22
is unconstitutional after the 1995 amendment because “it created a rule that
keeps out relevant exculpatory evidence by in effect precluding the jury from
considering evidence that could disprove the `conscious disregard for human
life’ element of implied malice second degree murder.” Rothwell relies on

Montana v. Egelhoff (1996) 518 U.S. 37 (Egelhoff), and Justice
Ginsburg’s concurring opinion, to support her contention.

In
Egelhoff, a plurality of the court upheld the constitutionality of a
Montana statute providing voluntary intoxication “`may not be taken into
consideration in determining the existence of a mental state which is an element
of [the] offense.'” (Egelhoff, supra, 518 U.S. at p. 57.) The plurality
found no due process violation because the right to have a jury consider
intoxication evidence was not a “fundamental principle of justice.” In
concurrence, Justice Ginsberg drew a distinction between rules designed to keep
out relevant, exculpatory evidence that might negate an essential element of a
crime and violate due process, and rules that redefine the mental state element
of the offense. (Ibid.) Justice Ginsburg viewed the Montana statute as a
redefinition of the offense’s required mental state and therefore excluding
evidence of voluntary intoxication was constitutional. (Id. at pp.
57-59.)

“When a fragmented Court decides a case and no single rationale
explaining the result enjoys the assent of five Justices, `the holding of the
Court may be viewed as that position taken by those Members who concurred in the
judgments on the narrowest grounds . . . .'” (Marks v. United States

(1977) 430 U.S. 188, 193.) Assuming Justice Ginsburg’s concurrence controls, as
Rothwell urges this court to do, we nonetheless conclude section 22 does not
violate due process.

In People v. Timms (2007) 151 Cal.App.4th
1292, 1300-1301 (Timms ), the court addressed the identical issue we have
here. The court explained section 22 did not violate a defendant’s due process
rights because section 22, subdivision (b), did not belong to the “prohibited
category of evidentiary rules designed to exclude relevant exculpatory
evidence.” (Timms, supra, 151 Cal.App.4th at p. 1300.) The court
reasoned, “The absence of implied malice from the exceptions listed in
subdivision (b) is itself a policy statement that murder under an implied malice
theory comes within the general rule of subdivision (a) such that voluntary
intoxication can serve no defensive purpose. In other words, section 22,
subdivision (b)[,] is not `merely an evidentiary prescription’; rather, it
`embodies a legislative judgment regarding the circumstances under which
individuals may be held criminally responsible for their actions.’ [Citation.]
In short, voluntary intoxication is irrelevant to proof of the mental state of
implied malice or conscious disregard. Therefore, it does not lessen the
prosecution’s burden of proof or prevent a defendant from presenting all
relevant defensive evidence.” (Id. at pp. 1300-1301)

The

Timms court found illuminating the fact section 22 does not appear in the
Evidence Code, it appears in the Penal Code. (Timms, supra, 151
Cal.App.4th at p. 1300.) Additionally, the court acknowledged the California
Supreme Court’s holding in People v. Atkins (2001) 25 Cal.4th 76, which
rejected a due process challenge to section 22 in the context of the general
intent crime of arson. (Timms, supra, 151 Cal.App.4th at p.
1300.)

With respect to Justice Ginsburg’s concurrence, the court stated
that assuming the concurrence controls, “Justice Ginsberg also stated: `Defining

mens rea to eliminate the exculpatory value of voluntary intoxication
does not offend a “fundamental principle of justice,” given the lengthy
common-law tradition, and the adherence of a significant minority of the States
to that position today. [Citations.]’ [Citation.] Under this rational, the 1995
amendment permissibly could preclude consideration of voluntary intoxication to
negate implied malice and the notion of conscious disregard. Like the Montana
statute, the California Legislature could also exclude evidence of voluntary
intoxication in determination of the requisite mental state.” (Timms,
supra,
151 Cal.App.4th p. 1300.) Therefore, the court concluded section 22
did not infringe defendant’s constitutional rights.

Rothwell also argues
the trial court’s application of section 22 violated her constitutional right to

due process and a fair trial because, “[t]he level of a defendant’s intoxication
is undeniably relevant evidence on the issue of whether he or she consciously
disregarded a risk to human life.” We find People v. Martin (2000) 78
Cal.App.4th 1107 (Martin), instructive.

In Martin, supra,
78 Cal.App.4th at page 1113, the court rejected this constitutional challenge to
section 22. The court explained, “Section 22 states the basic principle of law
recognized in California that a criminal act is not rendered less criminal
because it is committed by a person in a state of voluntary intoxication.” The
court stated section 22 “is closely analogous to [the Legislature’s] abrogation
of the defense of diminished capacity . . . . The 1995 amendment to section 22
results from a legislative determination that, for reasons of public policy,
evidence of voluntary intoxication to negate culpability shall be strictly
limited. We find nothing in the enactment that deprives a defendant of the
ability to present a defense or relieves the People of their burden to prove
every element of the crime charged beyond a reasonable doubt.” (Martin,
supra,
78 Cal.App.4th at p. 1117.)

We find the courts’ reasoning in

Timms, supra, 151 Cal.App.4th 1292, and Martin, supra, 78
Cal.App.4th 1107, persuasive. Thus, we conclude the trial court’s refusal to
instruct the jury with Rothwell’s Special Instruction did not violate her
constitutional rights. The trial court properly instructed the jury with CALCRIM
No. 625.

Equal Protection

In its respondent’s brief,
the Attorney General suggests Rothwell may be asserting an equal protection
claim. In her reply brief, Rothwell raises the equal protection argument for the
first time. We need not consider this argument, because it was made for the
first time in reply without any showing of good cause for failing to raise it in
the opening brief. (Shade Foods, Inc. v. Innovative Products Sales &

Marketing, Inc. (2000) 78 Cal.App.4th 847, 894-895, fn. 10.) Additionally,
to the extent Rothwell attempts to raise an equal protection claim, her failure
to properly raise the issue and support it with adequate argument and citation
to authority waived the issues on appeal. (See, e.g., California Dept. of
Corrections v. State Personnel Bd.
(2004) 121 Cal.App.4th 1601, 1619.) In
any event, her claim fails on the merits. (Timms, supra, 151 Cal.App.4th
at pp. 1302-1303.)

DISPOSITION

The judgment is
affirmed.

WE CONCUR.

MOORE, J.

IKOLA, J.
1. `In accord
with the usual rules of appellate review, we state the facts in the light most
favorable to the judgment. (People v. Ochoa (1993) 6 Cal.4th 1199,
1206.)
2. Miranda v. Arizona (1966) 384 U.S. 436.
3. All further
statutory references are to the Penal Code

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ANTIDEPRESSANT & ALCOHOL: Assault: Man Attacks Kidney Transplant Patient: UK

Paragraph nine reads: “Steve Collins, defending, said his client had
expressed “considerable remorse” and added: “He accepts it was completely out
of order. Alcohol played its part and, perhaps, anti-depressants.”

SSRI Stories Note: The Physicians Desk Reference states that
antidepressants can cause a craving for alcohol and can cause alcohol abuse. Also, the
liver cannot metabolize the antidepressant and the alcohol simultaneously,
thus leading to higher levels of both alcohol and the antidepressant in the
human body.

http://www.newburytoday.co.uk/News/Article.aspx?articleID=13103

Man banned from Thatcham for attacking kidney transplant patient
Sun, April 25 2010

By John Garvey, Reporter
Email: newburytoday@newburynews.co.uk
Phone: 01635 564632

A MAN who savagely attacked a frail, Thatcham kidney transplant patient
has been handed a jail term and banned from the town.

Forty-one-year-old Anthony Coles battered his terrified girlfriend Donna
Morrison as she cowered in the bedroom of her Thatcham home, demanding
hundreds of pounds in cash and threatening to stab her pet dog, Newbury
magistrates heard.

But they suspended the prison sentence last Thursday, April 22, ruling
that Mr Coles would not get the help he needed in jail.

Lauren Murphy, prosecuting, said: “The victim, who was subsequently rated
as being a high risk domestic violence victim, is a petite lady who has
health problems and has had two kidney transplants.

“The pair had been in a six-year relationship and he had recently moved
into her home. One evening he came in and had been drinking. She made his tea
but he didn’t want any. He became insulting, saying she wasn’t really ill
and that he didn’t want to be in the relationship any more.

“He asked for £10, which she gave him and she went to bed at 7.30pm, not
wanting to have an argument.”

Mr Coles went out and, upon his return, the court heard, began making
increasing demands for cash until he wanted £500.

Miss Murphy went on: “When she said she wouldn’t be able to get the money
he knocked her to the floor, grabbed her hair and dragged her along the
bedroom floor saying that, if she didn’t get him the money he would take her
dog Barney to the woods and stab him.

“She was petrified and afraid that if she called out she would suffer
serious harm. She told him she would get his money and he warned that if she
called the police he would kill her sister and make her life a misery.”

Miss Morrison made a show of going to the Thatcham Co-Op with her bank
card but then called police, the court heard.

Miss Murphy said: “Officers found her tearful and trembling and she kept
repeating: ‘He is going to kill me.’ She showed officers a large clump of
hair that had ben torn out by being dragged. Mr Coles told officers that he
had just flipped.”

Mr Coles, who now lives in Stevenage, Hertfordshire, admitted assault
causing actual bodily harm on March 4 this year.

Steve Collins, defending, said his client had expressed “considerable
remorse” and added: “He accepts it was completely out of order. Alcohol played
its part and, perhaps, anti-depressants.

“He had no money because his money was paid into her bank account – hence,
he wanted money to get away.”

Mr Collins asked magistrates to read pre-sentence reports and alluded to
on-going problems his client had with regard to relationships, adding: “He
knows you may send him to prison today and he has no problem with that. But
one day he is going to have to address these problems and he won’t be able
to do that in jail.”

Magistrates imposed a four-month jail term, but agreed to suspend it for
two years and ordered Mr Coles to undertake a domestic violence programme.

He was also banned from entering Thatcham for two years and ordered to pay
Miss Morrison £100 compensation.

1,049 total views, 9 views today

ANTIDEPRESSANT & ALCOHOL: Chain Saw Attack: Ireland

Paragraph 10 reads: “Garda Noonan agreed with Mr Orange that Mulligan had
been on antidepressants at the time and the medication did not mix well
with the alcohol he had taken that night.”

SSRI Stories Note: The Physicians Desk Reference states that
antidepressants can cause a craving for alcohol and can cause alcohol abuse. Also, the
liver cannot metabolize the antidepressant and the alcohol simultaneously,
thus leading to higher levels of both alcohol and the antidepressant in the
human body.

http://www.breakingnews.ie/ireland/man-angry-at-juvenile-delinquency-chases-
youths-with-chainsaw-454896.html

Man angry at juvenile delinquency chases youths with chainsaw
22/04/2010 – 14:29:48

A man who was so frustrated with juvenile delinquency in his neighbourhood
that he tried to scare off some youths with a chainsaw has been ordered to
carry out work in the community in lieu of a jail sentence.

Patrick Mulligan (aged 50), a bus driver for children with special needs,
was still holding the running chainsaw in his driveway when gardaí arrived
and he waved it in the direction of garda Colin Noonan and two of his
colleagues.

Mulligan of Whitechurch Avenue, Ballyboden, pleaded guilty at Dublin
Circuit Criminal Court to possession of the chainsaw under the Firearms and
Offensive Weapons Act at his home on October 4, 2008. He had no previous
convictions.

Garda Noonan told Ms Una Tighe BL, prosecuting, that it took a short time
to convince Mulligan to put the tool down while his wife stood in the couple
’s doorway in a distressed state.

He said it was clear that the accused had been drinking. Mulligan told
gardaí that he had number of problems with some of the people in his
neighbourhood and was concerned for his property and the bus he drove for work.

He told gardaí later that his wife could not walk down their street
without “being hassled”. He said some youths had gathered outside his house that
night and were interfering with his bus and he had brought out the
chainsaw as tactic to scare them off.

He said he was shocked when gardaí arrived and that was why it took him
some time to put the tool down.

Garda Noonan agreed with Mr Garnet Orange BL, defending, that his client
was very apologetic to the gardaí during interview and co-operated with
their investigation.

He accepted that Mulligan’s wife had called the gardaí because she was
concerned for her husband before he further accepted that it had not been an
incident of “domestic violence”.

Garda Noonan agreed with Mr Orange that Mulligan had been on
antidepressants at the time and the medication did not mix well with the alcohol he had
taken that night.

Mr Orange told garda Noonan that his client wanted to express his
apologies for “any action that he engaged in that might have been perceived as a
threat to you and or your colleagues”.

He told judge Katherine Delahunt that there had been a problem with “
juvenile delinquency” in the area, involving “keying of cars and damage to both
vehicles and property”.

He said his client had been concerned for his and his family’s personal
safety and that of his property but added that Mulligan had “completely lost
the head and acted in an irrational manner”.

Mulligan had €500 in court to offer the gardaí as a token of his remorse
which garda Noonan said he would pass onto the Garda Benevolent Fund.

Judge Delahunt ordered Mulligan to carry out 100 hours community service
in lieu of a two-year sentence after telling him that had not been for the “
very fair evidence” of garda Noonan, and the manner in which he had met the
case, he would be going to jail.

“Garda Noonan has underplayed what must have been a very terrifying
experience for both him and his colleagues,” Judge Delahunt said before she noted
that she had also taken into account that Mulligan was 50 years old and
had not come to garda attention.

She said she was also taking into consideration the fact he may lose his
job due to his conviction and said that in itself would be “a very
significant penalty to suffer”.

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ANTIDEPRESSANTS & ALCOHOL: Murder Attempt: Man Stabs Police Officer: Malta

Paragraph seven reads: “Supt Martin Sammut, who was an inspector at the
time, testified that in his statement to the police, Mr Attard acknowledged
stabbing the officer and expressed regret. Mr Attard also said that he was
drunk – even though he was not supposed to drink because he was on
anti-depressants – and that he had no intention of hurting the constable. At the
time, Mr Attard said that he was very nervous, as his underage daughter was
pregnant.”

SSRI Stories Note: The Physicians Desk Reference states that
antidepressants can cause a craving for alcohol and can cause alcohol abuse. Also, the
liver cannot metabolize the antidepressant and the alcohol

http://www.di-ve.com/Default.aspx?ID=72&Action=1&NewsId=71642&newscategory=3
4

by John Paul Cordina – editorial@di-ve.com

Court — 19 April 2010 — 12:45CEST

A man charged with the attempted murder of a policeman told police that he
was drunk and on medication when the incident occurred, and did not intend
to hurt the officer, a jury heard on Monday.

Kevin Attard, a 39-year-old Kalkara resident, started undergoing trial by
jury after being charged with the attempted murder of PC Jonathan Farrugia
in the small hours of April 26, 2003, at the St Julians police station.

According to the prosecution, Mr Attard reacted violently when he was
refused entry at the Fuego nightclub in Paceville at around 0320h. Security
guards called the police for assistance, but Mr Attard punched PC Andrew St
John when he intervened, leading to his arrest.

He was taken to the police station, where PC Farrugia was on his own since
his colleagues were out on assignment.

Mr Attard asked for permission to smoke, permission that was granted on
condition that he remained at the station, but he nevertheless attempted to
leave twice. On the second attempt, PC Farrugia ordered Mr Attard to get
back inside, leading to an altercation in which the accused brought out a
3-inch pen knife and stabbed the police officer in the belly.

Two police officers entered the station soon after, and apprehended Mr
Attard. Mr Farrugia was taken to St Luke’s Hospital, where his injury was
certified not to be life-threatening, and was released on the following day.

Supt Martin Sammut, who was an inspector at the time, testified that in
his statement to the police, Mr Attard acknowledged stabbing the officer and
expressed regret. Mr Attard also said that he was drunk – even though he
was not supposed to drink because he was on anti-depressants – and that he
had no intention of hurting the constable. At the time, Mr Attard said that
he was very nervous, as his underage daughter was pregnant.

The accused insisted that PC Farrugia was not alone in the station at the
time, and said that he had just purchased the knife in his home town.

Mr Farrugia testified that when the accused arrived at the station, he
appeared calm, but suddenly attacked him. He said that he was not aware that
he had been stabbed, and thought the accused had grabbed a set of keys and
punched him.

He said that he started shouting for help, and a police officer soon
arrived to help him escort Mr Attard to the station cell. It was this police
officer who informed him that he had been attacked with a knife, the constable
said in Court.

Mr Attard was also charged with slightly injuring PC St John, damaging PC
Farrugia’s uniform, the unlawful possession of a knife and with assaulting
police officers with the aim of preventing them from carrying out their
duty.

The uniform and the knife were presented as evidence to the jury, as was a
blood-stained shirt.

Lawyer Lara Lanfranco is prosecuting on behalf of the Attorney General’s
Office, while lawyers José Herrera and Veronique Dalli are representing Mr
Attard.

The trial is being presided over by Judge Joseph Galea Debono.

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DEPRESSION MED: Assault: England

Paragraph four reads: “Michael Clare, defending, said Roberts was sorry
for what had happened, that he suffered from depression, was on medication
and could not remember anything when he drank alcohol.”

SSRI Stories Note: The Physicians Desk Reference states that
antidepressants can cause a craving for alcohol and can cause alcohol abuse. Also, the
liver cannot metabolize the antidepressant and the alcohol simultaneously,
thus leading to higher levels of both alcohol and the antidepressant in the
human body.

http://www.dissexpress.co.uk/news/Diss-pub-attacker-escapes-jail.6233505.jp

Diss pub attacker escapes jail term
Published Date: 16 April 2010

By Unknown

A 24-year-old Diss man has been given a suspended prison sentence and
ordered to carry out 100 hours of unpaid work following an assault at a pub.

At a hearing at Norwich Crown Court on Wednesday, Paul Roberts, of Paine
Close, admitted assaulting 18-year-old William Webster – knocking out two of
his front teeth at The Crown pub, St Nicholas Street, in the early hours
of Christmas Day last year.

The court was told that Roberts had been given a community order for
affray in October last year, following an incident at The Greyhound pub, in
which the victim suffered a deep cut on his nose.

Michael Clare, defending, said Roberts was sorry for what had happened,
that he suffered from depression, was on medication and could not remember
anything when he drank alcohol.

Malcolm Robins, prosecuting, said Roberts and Mr Webster knew each other
and Mr Webster accepted he may have said something which could have upset
Roberts, who then elbowed him in his mouth.

But he said Mr Webster did not retaliate and other people in the pub were
trying to calm Roberts down.

Roberts was given a 30-week prison sentence, suspended for two years and a
one-year supervision order, under which he must attend an anger management
programme for up to six months.

Roberts was also ordered to do 100 hours of unpaid work for the community
and pay £1,000 compensation to Mr Webster.

Judge Alasdair Darroch told Roberts: “I think the public will be better
protected if you go on a course rather than me sending you to prison.”

Page 1 of 1
Last Updated: 16 April 2010 3:55 PM
Source: Diss Express
Location: Diss

514 total views, 3 views today

ANTIDEPRESSANT: City Councilman Candidate’s Wife Attacked Him: Texas

Paragraphs three through five read:  “She told of being
diagnosed with cancer shortly after their marriage in 1997, of suffering
depression after the treatment and of
medication
that magnified her issues.

“I have a
mean-spirited side and I took it out on him,” she told the gathering of about
100. “All those months of treatment and I was fed up. And
he was the one I could beat the hell out of.”

“But when the husband
made it a two-way fight before turning to leave the home, she said, she called
police. She ditched the prescription medication and they have long
since gotten through their issues
, she said, adding that David McNeely
is today a candidate worthy of the voters’ faith.

http://www.dallasnews.com/sharedcontent/dws/news/politics/local/stories/042810dnmetgarcouncil.2e165f3.html

Garland council candidate’s wife defends him despite domestic violence
charge

03:11 PM CDT on Tuesday, April 27, 2010
By RAY LESZCYNSKI / The Dallas Morning News
rleszcynski@dallasnews.com

A wife‘s story of ovarian cancer and domestic
violence added yet another layer of passion to Garland’s lone contested city

council race Monday night.

Sharp questions, finger-pointing between
incumbent John Willis and challenger David McNeely and a moderator calling for
order had already made for a lively forum. Then, as parties were dismissed,
Donna McNeely stepped to the podium at Shiloh Worship Center.

She told
of being diagnosed with cancer shortly after their marriage in 1997, of
suffering depression after the treatment and of medication that magnified her
issues.

“I have a mean-spirited side and I took it out on him,” she told
the gathering of about 100. “All those months of treatment and I was fed up. And
he was the one I could beat the hell out of.”

But when the husband made
it a two-way fight before turning to leave the home, she said, she called
police. She ditched the prescription medication and they have long since gotten
through their issues, she said, adding that David McNeely is today a candidate
worthy of the voters’ faith.

During the forum, the candidate had ducked
questions about the 1999 assault charge that was dismissed after he served a
year’s probation, restating that it was long ago and not relevant. He said later
that the decision to make a public statement was Donna’s.

566 total views, 1 views today