Appendix — O'Connor v. Donaldson
Supreme Court brief1974
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74
APPENDIX DEC 17
IN THE SUPREME COURT OF THE UNITED STATES
NO. 74-8
J. B. O'CONNOR, M. D.,
Petitioner,
-Ve-
KENNETH DONALDSON,
Respondent.
ON WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT
Petition for Certiorari filed July 25, 1974
Certiorari Granted October 21, 1974
APPENDIX
IN THE SUPREME COURT OF THE UNITED STATES
J. B. O'CONNOR, M. D.,
Petitioner,
KENNETH DONALDSON,
Respondent.
ON WRIT OF CERTIORARI TO THE UNITED STATES
"OURT OF APPEALS FOR THE FIFTH CIRCUIT
Petition for Certiorari filed July 25, 1974
Certiorari Granted October 21, i974
INDEX
Page
Chronological List of Relevant
Docket Ent ri€S..--cceseeseesseseses iil
Transcript of Proceedings:
Testimony of Dr. Walter Fox,
Witness on Behalf of Plaintiff-
Direct Examination... ..ceceesesees ]
Cross Examination. .....eeeeceseees 17
Recross Examination. .....seeeeeeees 30
Testimony of Kenneth Donaldson,
Plaintiff-
Direct Examination... .-eeceesecees 31
Cross EXa€MinatioOn.....ceceesssvces 54
RecroSS EXA@Mination...cceeeeseeees 58
Testimony of Dr. Raymond D. Fowler,
Witness on Behalf of Plaintiff-
Direct Examination... «seeesseeeces 61
Testimony of Dr. John Gumanis,
Witness on Behalf of Plaintiff-
Direct Examination. ....«-eeeee0. 75
Cross EXaMinatioOn....ceeeeseeseees 122
Reading of Interrogatories to
De. O° ComMOBRcccccceesecesecesececes 127
Motion for Directed Verdict........ 140
Testimony of Dr. F. G. Walls,
Witness on Behalf of Defendants-
Cross Examination. ....ceeeeesveces 141
Testimony of Dr. Clark Adair,
Witness on Behalf of Defendants-
Direct Examination. ...cceceeseceees 145
Testimony of Dr. W. D. Rogers,
Witness on Behalf of Defendants-
Direct ExaminatiOn....cccceeeeeeses 147
Testimony of Dr. Jesus S. Rodriguez,
Witness on Behalf of Defendants-
Direct ExaMinatioOn....ccceeeeseess 152
CHRONOLOGICAL LIST OF
RELEVANT DOCKET ENTRIES
Reading of Deposition of Dr. O'Connor
on written interrogatoriesS......++-- 153
Oral Charge to JULY cece weer eee eeenee 173 February 26, 1971--Complaint seeking
Plaintiff's Exhibit No. l..sseeeeees 187 injunctive relief for violation of
Defendants' Exhibit No. 4....++++e6. 242 constitutional rights and petition for writ
Sections394.21, 394.22, Florida of habeas corpus.
Statutes (1955). ..ceeeeeeeeerereces 243 March 10, i1971--Order denying petition
Opinion of the Court of Appeals..... 257 for writ of habeas corpus.
Judgment of the Court of Appeals.... 304 July 26, 1971--Respondents Motion to
Strike.
July 26, 1971--Defendants Motion to
Set Aside Order.
July 27, 1971--Defendants Motion to Dismiss
July 29, 1971--Plaintiff's Motion for
default judgment in the habeas corpus
petition and complaint; or in the alternative,
order defendants to answer complaint,
permitting inspection of hospital record,
for substitution of party defendant; to
proceed as class action in habeas corpus
petition and postpone deposing plaintiff.
August 2, 1971--Defendant's Motion to
Dismiss.
August 16, 1971--Order (1) denying
defendants’ motion to set aside and vacate
Court's Order of April 26, 1971 (2)
granting motion of defendant Peter Ivory
to dismiss complaint and pecition (3)
granting defendants motion to strike
allegations with reference to action as
a class suit and giving plaintiff 10
days to amend his complaint (4) denying
defendants’ motion to strike damage aspect
of petition-complaint (5) granting
defendants motion to dismiss petition-
complaint to the extent that no cause of
action has been properly alleged for
recovery of damages and petitioners
complaint is dismissed without prejudice
ii ans
iii
to plaintiff to amend complaint is dis-
missed without prejudice to plaintiff to
amend within 10 days (6) granting motion
to dismiss insofar as petition-complaint
seeks declaratory and injunctive relief
w/o prejudice to plaintiff to file a new
and separate complaint seeking relief
pursuant to 28 USC 2281 and denying all
other aspects of the motion (7) granting
motion of J. B. O'Connor for protective
Order and said defendant shall not be
required to submit to oral deposition until
he regains his health (8) denying plaintiffs'
request for permission to interview
incarcerees at the Florida State Hospital
at Chattahoochee.
August 30, 1971--Plaintiff's First
amended complaint.
September 9, 1971--Filed Defendants
Emmett S. Roberts and Milton J. Hirschberg's
Motion to Dismiss the action in their
private and official capacities.
September 9, 1971--Filed Defendants
Motion to Dismiss the complaint and
amended complaint.
September 28, 1971--Motion of defendant,
Virgil D. Smith, M. D., to Dismiss.
September 28, 1971--Defendant's,
J. O. Norton, Motion to Dismiss.
November 8, 1971l--Filed Plaintiff's
Memorandum of Law in Reply to Defendants'
Motions to Dismiss.
November 8, 1971--Motion of plaintiff
for issuance of order making Milton J.
Hirschberg, Emmett S. Poberts, J. O.
Norton and Virgil D. Smith parties
defendant her and directing the issuance
and service of process upon them, nunc
pro tun
November 19, 1971--Order pursuant to
hearing on motions (1) denying motion of
defendants Hirschberg and Roberts to
dismiss the complaint for improper joinder
of additional parties (2) taking under
advisement plaintiff's application for
3 judge court etc. (3) dismissing
complaint as to White and Jones (4) deny
motions of defts Smith and Norton to
dismiss cause and taking under advise
other aspects of motions (5) denying
motions Of defendants O'Connor, Hirschberg,
Roberts to dismiss them in their official
State capacities and individual (6)
dismissing amended complaint insofar as
habeas corpus relief pursuant 28 U.S.C.
2241 et seq. (7) denying any other remaining
pending motions (8) discovery shall be
completed by Jan. 1, 1972 except that upon
leaving court parties will be allowed to
make such further discovery as becomes
necessary (9) motion ore tenus of de-
fendant Norton for the taking of deposition
of plaintiff is denied until court has
affirmatively determined whether defts
Smith and Norton should remain parties
to this suit.
January 5, 1972--J. B. O'Connor,
M. D. Answer to Interrogatories.
January 10, 1972--Defendants O'Connor
and Walls Objection to Interrogatories
and Request for Admission.
February 8, 1972--Answer of Defendants
J. B. O'Connor, M. D., individually and
as former Superintendent of Florida State
Hospital, Milton J. Hirschberg, M. D.,
individually and as Superintendent of
Florida State Hospital, Francis G.
Walls, M. D., individually and as former
Acting Superintendent of Florida State
Hospital and Emmett S. Roberts
Vv
February 9, 1972--Amendment of Complaint.
April 20, 1972--Order (1) granting
plaintiff's motion to add John Gumanis,
M. D., aS an additional party defendant and
directing plaintiff to have service of
process on this party issued forthwith
(2) granting motion of defendants Roberts,
Hirshberg, O'Connor and Walls for order
compelling discovery and directing .
plaintiff to comply with defendant's motion
to produce and to furnish requested
items for copying and inspection within
10 days and failing this, Court will impose
such sanctions as are just and necessary
(3) granting plaintiff's motion of 3/22/72
for order compelling defendants to answer
interrogatories and requests for admission
and defendants are directed to make
discovery as requested by plaintiff and
to answer.in 10 days or as soon thereafter
as possible; failing this the court will
impose such sanctions as are just and
necessary (4) taking under advisement
motion of defendant Smith for entry of
final judgment pending disposit
of all issues.
June 1, 1972--Answer of Defendant John
Gumanis, M. D.
June 26, 1972--Filed answer to
Supplemental Interrogatories to Defendant
O'Connor.
June 26, 1972--Response to Request for
Defendant O'Connor to Admit.
August 7, 1972--Deposition of J. B. ~
O'Connor, M. D., on Written Interrogatories.
October 5, 1972--Order granting motion
for summary judgment and directed to Clerk
to judgment in favor of defendants, Virgil
D. Smith, M. D., and J. O. Norton.
vi
October 5, 1972--Judgment on Decision by
the Court in favor of defendants, Virgil D.
Smith, M. D., and J. O. Norton, M. D.
November 7, 1972--Amended Responses to
Interrogatories to Dr. O'Connor dated Oct.
13, 1972, in Reply to Telephone Request of
Eugene Dubose on October 30, 1972.
November 7, 1972--Amendment to Answer.
November 16, 1972--Amendment to
Deposition of J. B. O'Connor, M. D. on
Written Interrogatories.
November 17, 1972--Deposition of Dr.
J. B. O'Connor on Written Interrogatories
taken November 16, 1972.
November 21, 1972--CASE CAME ON FOR
TRIAL BY JURY of 6.
November 28, 1972--FILED in open court
Jury verdict in favor of Defendant Francis
G. Walls and against plaintiff Kenneth
Donaldson.
November 29, 1972--FILED in open court
jury verdict in favor of plaintiff and
against the defendant J. B. O'Connor for
punitive damages in the sume of $5,000.
November 29, 1972--FILED in open court
jury verdict in favor of plaintiff and
against the defendant J. B. O'Connor for
compensatory damages in the sum of $17,000.00.
November 29, 1972--FILED in open court
jury verdict in favor of plaintiff and against
the defendant John Gumanis for punitive
damages in the sum of $5,000.
November 29, 1972--FILED in open court
jury verdict in favor of plaintiff and
against the defendant John Gumanis for
compensatory damages in the sum of $11,5000.
November 29, 1972--FILED Judgment in
favor of defendant Francis G. Walls against
Plaintiff.
vii
November 29, 1972--FILED Judgment in
favor of plaintiff and against defendant
O'Connor in the total sum of $22,000.00.
November 29, 1972--FILED Judgment in
favor of plaintiff and against defendant
Gumanis in the total sum of $16,500.00.
December 8, 1972--FILED Motion for
Judgment in Accordance with Motion for
Directed Verdict.
December 8, 1972--FILED Motion for
New Trial.
December ll, 1972--FILED Amendment to
Motion for New Trial.
December 20, 1972--Notice of Appeal
with Certificate of Service thereon to
counsel of record.
January 29, 1973--Filed Notice of
Appeal from final judgment of 11/29/72 by
defendant Gumanis.
April 26, 1974--Opinion of Court of
Appeals.
Vili
TRANSCRIPT OF TESTIMONY
11/21/72
A. 1
TESTIMONY OF DR. WALTER FOX--DIRECT EXAMINATION
BY MR. ENNIS:
Q Dr. Fox, have you had occasion in
your experience to examine hospital
records of mental patients?
A Yes, sir,
Q Approximately how many?
A It would be in the hundreds, sir.
[65]
Q Has it been part of your responsibility
to examine those records to determine
whether or not they were adequate records?
A Yes, sir, this is a big part of the
hospital surveys that I do as a consultant
for the National Institute of Mental
Health.
Q Has it been part of your experience to
examine those records to determine whether
or not the patients described in those
records were receiving adequate treatment?
A Yes, sir, that is the purpose of the
examination.
Q Now, I will ask you, Dr. Fox, have
you had occasion to examine the hospital
records of Mr. Kenneth Donaldson, the
Plaintiff in this case?
A Yes, sir, I have.
Q Dr. Fox, based upon your professional
opinion after your review of that record,
I would like to ask you for the period
1957 through 1967, is there evidence in
that record that Mr. Donaldson received
psychiatric treatment?
A No. In my opinion there is not evidence
that he received psychiatric treatment.
There are a number of progress notes
which are generally brief and which make
no reference to a treatment plan which
frequently refer to continue custodial
care or words to that effect, which I
[66]
interpret to mean provide food, clothing
and shelter, and that is not psychiatric
treatment.
Q Again, for that period of time, Dr.
Fox, is there any evidence in the record
that Mr. Donaldson received any form of
care or treatment that he could not have
received in a prison?
A No, sir.
Q I am sorry.
A No.
MR. MAHORNER:
Wait.
BY MR. ENNIS:
[69]
to document evidence of schizophrenia if
that is the diagnosis that has been given
to a patient?
A Yes, sir.
Q Is there evidence in the record that
Mr. Donaldson was physically dangerous
to himself or to others?
A I could find no evidence anywhere to
that effect, that he ever hit anyone or
ever even threatened anyone verbally.
There is one incident report that shows
that another patient ran at him and he
stepped aside.
Now, I believe there is one unsupported
statement in a staff conference about
1964 attributed to Dr. O'Connor saying
that this patient was incompetent and
should be considered dangerous to others.
Now, this was a conclusion, but as to the
basis of that conclusion, I couldn't find
anything in the record.
Q Dr. Fox, is it standard practice in
mental hospitals to document in the
patient's record every incident of
dangerous or violent behavior?
A Yes, sir.
Q And you found no such incidents in
this record?
A No, sir.
A. 4
Q@ Dr. Fox, was there evidence in this
record that Mr. Donaldson received an
individualized treatment plan?
A No, sir, there was no evidence of that
in those first ten years.
(70)
Q Was there evidence in the record that
the hospital staff ever assessed Mr.
Donaldson's strengths?
A Wo, there -- at least, let me again
say for the first ten years, there was
no evidence of this, and, of course, the
major goal of a hospital is to get people
out, and in order to do that you must
build on their strengths, so this is a
very important --
Q And why is that, Dr.?
A Well, you never get anyone out of
a hospital if you concentrate on their
deficiencies, on their problems.
Q Now, Dr., assuming the evidence in
this case will indicate that for the first
ten years at Florida State Hospital the
Plaintiff was confined to a locked
building and a locked ward and had no
grounds privileges, would that be consistent
with a psychiatric treatment plan for
him?
A No, it would not.
Q Why is that?
A Well, there was nothing in his past
history to indicate that he was likely
to be dangerous to other people. There
was nothing in his past history that
showed that he wasn't a generally self-
sustaining if frequent moving individual.
Everything would point to the fact
that here was an individual who had
made it pretty well, who was responsible,
who did have regard for his fellow
human beings,
(71)
and right off you look at this guy as
somebody to get out of the hospital
very soon, and one of the ways you would
do that is by giving him as much freedom
as possible as soon as possible.
Certainly confinement never improves
psychiatric symptoms. It makes a suspicious
person more suspicious, a depressed person
more depressed, and another thing about
being in confinement, by and large you
are made dependant on the routine of the
hospital.
You make no decisions about when to
get up, what to eat, what to do next,
when to go to bed, sometimes even such
things as when to shower have been decided,
and this will gradually rob a person of
their independence.
Did that happen in this particular case?
No, surprisingly, it didn't.
mo Fr oO
And what does that indicate to you?
A That Mr. Donaldson had a great more,
great more internal strength than most
of the people that would find themselves
in that sort of total institution for
that period of time.
Q Dr. Fox, in your professional opinion
how reliable are psychiatric predictions
of dangerous behavior?
A I used to think I could do it a lot
better than I do now. Generally speaking,
my experience over the years shows that
we score poorly on predicting future
[72]
dangerous behavior, and by and large in
hospital psychiatry we tend to see more
danger than future events show to be
true.
Q Dr. Fox, what is your professional
opinion from reading the record concerning
the hospital's efforts to discharge Mr.
Donaldson?
A Well, it appears to me that for the
first few years there was an almost
indifference to discharge. It was almost
as if this was not one of the hospital's
goals, it just wasn't spoken to too much,
and then, let's say from 1957 to 1963 that
seemed to bear out, then in 1963 I
would have to say that there is some
evidence that there was actual resistance
to the discharge of Mr. Donaldson.
For instance, in June of 1963 an
agency called Helping Hands wrote to
Dr. O'Connor and explained their services.
They said they were a halfway house,
and that they helped thousands of people
like Mr. Donaldson, former transition
back into the community, that they had
been in correspondence with Mr. Donaldson
and that they would like the opportunity
to accept him into their program, and
they received a letter back saying that
by and large, as I recall the letter,
this man needed a great deal of super-
vision, which, of course, a halfway
house is prepared to give, that
released -- it should be back to his
parents,
[73]
and bear in mind, now, these people are
in their 80's, I think, at this point,
and that under the circumstances a
discharge to a third party at this
point seemed ill advised.
Now, that seems like more than just
indifference. It was an indication that
Dr. O'Connor felt that this person should
not be out.
On another occasion when a friend from
New York State offered to come and get
Mr. Donaldson and help him get back on
his feet outside of the hospital, this
man was actually discouraged. He was
told he would have to get permission from
the parents, which I believe he got, and
then he had to get, tell, you know, more
about himself, which he did, and then I
believe it was a note written sometime in
1964 by Dr. O'Connor to, I think, the
attending physician, to the effect that
anyone who would want to take Mr.
Donaldson into their home must not be
too well, himself.
Q Let me ask you, Dr. Fox, on this, you
mentioned the halfway house. Would you
please briefly explain to the Jury what a
halfway house is?
A Well, it is just really what the name
implies. It is a passageway between, or
a stepping stone, perhaps, between, let's
say, a total institution where a person
has spent twenty-four hours, and an
independent living situation.
There are many more stepping stones
that one could use, but, and let's just
give as an example, that a
[74]
person would go from twenty-four hour
care in a mental hospital to a halfway
house where they would be able to sleep
at night and maybe have some help
A. 9
but what I would like for the doctor to
talk about is the date of the letter and
then how long thereafter he was discharged,
which is now evident from the face of
the letter.
THE COURT:
Which is not what?
MR. ENNIS:
Evident from the face of the letter.
(77)
THE COURT:
Well, there is evidence, though, as
to when the man was discharged and will
come out, is there not?
MR. ENNIS:
Yes, sir, Your Honor.
THE COURT:
I think an answer to that question would
be objectionable.
BY MR. ENNIS:
Q All right, Your Honor, I will withdraw
the question, then.
Dr. Fox, you testified you had examined
hundreds of hospital records of mental
A. 10
patients. Would it be one hundred, two
hundred, nine hundred? Can you give a
closer estimate?
A Oh, five hundred. You see, when we
make these surveys, we usually examine
about thirty records right there, so
within the last two and a half years, I
guess I have made fifteen of those
surveys, so you can calculate that at
maybe four hundred or five hundred
records that we have surveyed within
the last --
Q Within the last two years?
A Yes, sir.
Q Now, in your professional opinion was
Mr. Donaldson's hospital record an
adequate hospital record?
[78]
A No, sir.
Q Could you just tell the Jury, if you
would, some of the deficiencies?
A Well, basically there was at no time
except for perhaps two months in 1967
evidence of a treatment plan. Now, a
treatment plan is basic to discharging
a person.
A treatment plan is where you list
some of the problems to you goal of getting
a person out of the hospital. You list
A. ll
the assets, the strengths, the things that
can be built on, and you indicate who
is going to be responsible for trying
to develop some of these assets, and
overcome some of these problems.
You may have some short term goals,
like a person is sleepless, trying to
get over that, some long term goals,
like resolving a family conflict or a
job situation, or something like that,
but it really is basic to have a
treatment plan, have a group of people
working together to a goal, and then to
have progress notes that speak to that
treatment plan, you know, how is it
coming, if it is coming well, fine, if
it is not, then we change it.
So the lack of a treatment plan, the
nature of the progress notes, the long
intervals sometimes between the progress
notes, I think in the first ten years
there were fifty progress notes, which
works out to about two and a half
months each, but these would be as
close together as a week sometimes and
as far apart as fourteen months and
[79]
six months at other times.
Q Now, Dr. Fox, is it standard pr ictice
in mental hospitals for a psychiatrist
Or physician or psychologist to enter a
note in the hospital record everytime he
has a significant contact with the patient.
A Yes, sir.
Q Did the report indicate how long
Mr. Donaldson had been at the hospital
before he was first presented to a staff
conference?
A Yes, sir, it did. He arrived in 1957.
As I recall, the first staff conference
was in 1962. I may be incorrect in
that, but it was a considerable period
of time.
Q Now, Dr. Fox, assume that the evidence
will show that Florida State Hospital
had low staff and had limited financial
resources, given those limitations,
could something positive, nevertheless,
have been done for Mr. Donaldson?
A Yes, I think so, and I think the
vital thing would have been for the
admitting person, admitting physician
to have spotted this man from his
history as a person to stay in the hospital,
but a short period of time to have
communicated to the rest of the staff
working with Mr. Donaldson, and to
have immediately embarked on a program
which would have emphasized continuation
of the community ties, in this case,
with his parents who were not too far
[80]
away, or if he didn't want that, to change
it and start building ties perhaps to a
jeb situation somewhere.
A. 13
Q How could that have been a help?
A Well, by reading the want ads for one
thing. If he, as this man said, I believe
at one time that he wanted tc move to
someplace, establish himself in a town
in the north, one of the methods of help-
ing out with that, particularly with
this man's ability to find jobs, would
be to provide him with a paper from one
of those areas.
Q What do you mean when you talk about
this man's ability to find jobs? Would
you elaborate on that, please?
A Well, yes, something that I saw in
the record many times was that he was a
floater, that he was always leaving
jobs. Well, that is the opposite side
of the coin. The other side of the coin
is that he was always finding jobs and
that he was not e welfare case.
Q Dr. Fox, given an institution with
limited resources, would it still have
been possible to give Mr. Donaldson
grounds privileges?
A Of course.
Q How about weekend passes?
A Yes.
Q Or trial visits for a week or month or
two?
A Surely.
A. 14
[81]
Q And would that be the standard psy-
chiatric practice?
A Yes.
Q Given --
A In the case of Mr. Donaldson.
Q Given the limited resources of the
hospital, would it have been possible
to assign him to an occupational
therapy department?
A This would have been excellent.
Q It would have been what?
A This would have been excellent because
in some of the social history given by
his parents there is an indication of a
musical interest and artistic interest
and here wo.'d have been a way to let
him express himself, gain self-esteem,
and so forth, and so on.
Ten years after his admisstion he was
assigned and he did some pretty good
painting apparently because there is
some indication in the chart there that
he was able to sell some of his paintings,
so this would be --
Q Now, could you please describe to
the Jury the function of the meaningful
work program in an institution with
limited resources?
A. 15
A With limited resources, by that, do
you mean no ability to perform a vocational
rehabilitation function?
Q No, let me rephrase the question.
What I am
[82]
asking you is were there any types of jobs
or work at Florida State Hospital that
Mr. Donaldson could have been assigned
to that would have been a positive
benefit to him?
A Well, he listed his means of liveli-
hood as painting and carpentry, and
perhaps if the hospital had a master
carpenter, he could have not only
maintained that skill, but learned some
more, things like that are good, just
so long as you don't exploit the patient
in the process.
Q Now, Dr. Fox, I believe you testified
that it was ten years before he was
assigned to an occupational therapy
program. Is there any evidence in the
record that during that first ten years
he was refused permission to go to an
occupational therapy program?
A I must confess I don't know. I read
somewhere on one occasion that he was
refused, but I don't remember whether
it was within the first ten years or
not.
a
A. 16
Q All right, now, Dr. Fox, given the
positive steps that could have been taken
to treat Mr. Donaldson even in an insti-
tution with limited resources, how long
do you think it would have been necessary
to confine him?
A Oh, I would guess possibly two months.
Q No longer?
A I shouldn't think so. I might say
here that a guess of two or three months
is presuming that the hospital employs
a staff meeting involving several physicians
to make
[83]
a simple decision like discharge on the
average patient.
I don't think that that should have
been necessary in the case of Mr.
Donaldson. It wasn't that complicated
a case.
Q Let me see if I understand your
testimony. Are you testifying that
if a staff of doctors had to make the
decision to release him --
A It might take two or three months.
Q This would take two or three months,
but if only one physician was responsible
for that, how long would you say?
A. 17
A It probably would take less. It
should take less.
MR. ENNIS:
I have nc further questions.
CROSS EXAMINATION
BY MR. MAHORNER:
“ Dr., I have to ask you a few questions,
if you don't mind. When did you first see
the Defendant? Excuse me. When did
you first see Mr. Donaldson?
A Last night when I got off the plane.
Q When did you first receive the hospital
record?
A I received the hospital record
approximately two weeks ago, sir.
(84)
Q Now, did you treat any patients
yesterday?
A No, sir.
Q How about the day before?
A No, sir.
Q Have you treated any patients in the
last week.
A. 19
A. 18
[90]
MR MAHORNER:
; ‘5 |
tT ee. I assure you it 1 nieitaiiniiiaith elie
unintended.
E COURT A Not a separate package of them, no. I
TH :
Saw the psychological reports which were
all pretty much in sequence, as I recall.
I am sure you are not doing it
intentionally because it tends to show
that you don't know the difference.
MR. MAHORNER:
I understand. Right.
THE COURT:
All right.
BY MR. MAHORNER:
Q When did you first receive a psy-
chological record?
A They came at the same time as the
rest of the records.
Q As a separate package?
A As I recall, there was several
pages, but the psychologicals were not
separate. They were a part of, you
know, one package, one of two or three
packages.
Q But you never received a separate
package of
Q You saw the ones that are in the hospital
records now?
A Yes sir.
Q Did you see anything in the record
as to any test being done by an outside
psychologist not associated with the
institution?
A I saw a reference to that. I don't
recall seeing the results of his test.
Q Did you see any instrument stating
his findings or opinions?
A If I recall correctly, and I sure
could be wrong on this, there was re-
ference that an outside psychologist
had found evidence that he might be
dangerous, or it was some negative
remark.
Q But you found no instrument that
purported to be from that psychologist
himself in the record?
A No, sir.
Q Did you see any evidence that
Rorschach tests were made?
A. 20
A Yes, sir, a number of the psychological
reports indicated what tests were made.
[91]
Q Did you see the tests, themselves?
A No, sir.
Q Now, you stated the man had done pretty
well. Do you know if he was ever in the
service?
A I don't believe he was, sir.
Q Do you know if he was turned down for
any reason of any incapacity?
A I don't recall from the record that that
was mentioned one way or the other, but
I will leave it at that.
Q Did you see anything that indicated
who committed him?
A Yes. His parents requested his
commitment, and two physicians whose
names I don't recall signed the form.
Q Okay, do those physicians appear to be
unattached to the institution?
A Yes, they did.
Q Was there a diagnosis in the form?
A Yes. As I recall, it was paranoid
schizophrenia.
A. 21
Q Was there any reference to a prior
incarceration in the record -- excuse me.
I will correct that, a prior hospitalization?
A I don't remember whether there was in
the commitment papers, but there certainly
was in the hospital
[92]
record. It was mentioned a number of
times and there was even a letter from
-- I think it was the Marcy Hospital
detailing his hospitalization there for
about three months in 1943, I believe.
Q Was the term dementia praecox or
schizophrenia used?
A Yes, dementia praecox was.
Q Was that term used back then which
has the same meaning as paranoid
schizophrenia?
A Yes. Well, it has been the same
meaning as schizophrenia.
Q Do you know anything about the
job record of the Defendant prior to
hospitalization?
A Only tnat he changed jobs frequently.
To the best of my knowledge, he was
never on welfare. At one time he ran a
little business of his own, I believe with
his father, and that he listed carpentry
and painting as two of the things that
he did, carpentry and painting.
A. 22
I think there was some mention that
at times he would help build the parents
house or fix it up. There was frequent
mention that he was moving, moving,
moving, but not too much as to the
specific nature of the jobs he held or
for where or for how long.
Q Was there any indication that he
moved because he felt his coworkers were
against him?
[93]
A Yes.
Q Was there any indication as to who
initiated the proceedings for Marcy?
A I think it was his wife.
Q Do you know if the marriage continued?
A It did not. She divorced him in 1949,
according to the record.
Q Do you know as to whether there was
any type of semi-traumatic academic
experience early in, approximately
when the Plaintiff was 21 or so?
A No, sir, I don't. I know that he
started college and that he did not
finish college. The record in various
places says one and a half years and in
other piaces it says two years, and it
also says that he stopped college and
lived around the house for a while.
A. 23
Q Do you have any knowledge as to the
behavior pattern or other reasons which
may have caused the wife and/or the mother
and father the other time to initiate
this type of proceeding?
A I really don't know why the wife did.
Mr. Donaldson says something to the
effect that he couldn't blame her, you
know, she didn't know what she was
doing or didn't understand, and I might
imply from that that she was advised
to do it.
Now, as far as the other instances are
[94]
concerned, the parents said that he
thought somebody was poisoning his
food, to the best of my recollection,
and that apparently alarmed them enough
that they proceeded.
Q Do you know whether or not he was
treated in Philadelphia or went to a
hospital there?
A I missed that if it was in the record,
I recall his going to Travelers Aid or
something, some mention of that in
Philadelphia.
Q Was that concerning a mental condition?
A I am not clear on that.
Q Does the judgment as to whether a person
A. 24
‘
is to be released from a mental institution
involve factors that have to be considered
both as to release and as to against
release? In other words, is there a way
when you start to make this decision as to
the interest of the public and the interest
of the patient, or is it just a matter
that you feel the patient's interest can
best be served by release and then you
make the decision?
A Well, I think your obligation is to
your patient, but I cannot foresee of
urging release of the patient that would
be to the detriment of the public
because that would come right back to
haunt your patient.
THE COURT:
I don't want to rush you, Mr. Mahorner,
but you are taking too much time. Let's
move along.
[95]
BY MR. MAHORNER:
Q In 1957 what was the best medical
treatment plan that could have been
given for the man?
A In 1957 I would have proceeded as
I mentioned earlier, pegging him for an
early discharge, letting the folks on
the ward know that, giving him as much
freedom in the meantime, keeping those
ties with the community as strong as
A. 25
possible, and if things went well, that
is what I would have done.
Q Did you see any indication in the
record that he refused treatment?
A I saw an indication, in Dr. Adair's
admission note that he didn't want to
have electroshock treatment and I think
Dr. Adair added that he didn't think
it would do much ‘good anyway.
There was one other or perhaps more
than one other place where Mr. Donaldson
mentioned a feeling towards Christian
Science and a wish not to receive
medication. This is a wish that in
1957 for a while, if things went well,
I would have certainly have respected.
There might have come a time when I
would have and hopefully after trust
had been built up where the man could
have been persuaded to take the drugs.
Ten years later this was tried
briefly, which I think is perfectly
indicated, except that probably he
[96]
should have --
Q Now, if drugs had been received
by him initially this would have been
a form that you would not generally
receive in prison, is that correct?
A If the drugs had been received ori-
ginally, no, I wouldn't go that far.
A. 26
assault, I know that. Perhaps it was
that they were calling him homosexual.
I remember the reference to homosexual
on two or three occasions.
Q Now, on the question of standard
practice put in the hospital record, if
you were in an institution wherein there
was like one physician, say, for 180 or
200 patients, in general each contact
of the patient, whether or not it could
be in the hospital record, or would
[100]
it be a matter that they might emphasize
the treatment or contacts in the record
by itself?
A Particularly when you have a very low
physician to patient ratio, the hospital
bylaws should allow other people to
contribute to the progress notes and the
hospital bylaws should also indicate
an outside limit or the intervals
of these progress notes, so, no, in
answer to your question, but every single
contact would be recorded, but every
month or at least and more frequently
is something unusual occurred, one of
the members of the treatment team would
undertake to summarize what had taken
place in the form of a progress note and
he would relate it to the treatment going
to that patient.
Q Is there any recognized physical
laboratory test for schizophrenia?
No, sir.
Are there theories in that area?
A
Q
A Yes, sir, a number of them.
Q How was the diagnosis generally
established absent physical tests?
A The diagnosis is established on the
basis of a thorough going history of
the person's past life, sort of a
longitudinal history of things and then
a c’ oss sectional history, namely, how
the person is today, what does he look
like, what does he talk about, how does
he feel, what is his
(101)
judgment like, how does he perceive reality,
and in addition to that there are psy-
chological tests that can be used, and in
a twenty-four hour setting you can add a
lot of other things, such as how this
individual relates to a social group,
at a dance, or what he does in the
occupational therapy department may reveal
him.
Q Are there frequert disagreements as
to diagnosis among the staff themselves?
Can I change that question, Dr.? Dr.,
would disagreement be extremely rare or
wovld it happen fairly often?
A Well, is this a general question or
Goes it relate to this specific --
A. 28
Q Yes, sir. It does not relate to speci-
fics, a general question.
A I would say generally it would not be
infrequent for people to hold different
opinions, particularly early in their
experience with an individual.
Q Did you look at the staffing of Mr.
Donaldson in 1964?
A Yes, sir.
Q Were there doctors in excess of the
two or three on that staff?
A Yes.
Q Did they all conclude that at that time
he was mentally ill or a paranoid schizo-
phrenic?
[102]
A They all concluded he was mentally
ill, and the diagnosis I cannot recollect.
If I was to guess I would say yes,
paranoid schizophrenia.
MR. MAHORNER:
I would like to have a minute, Your
Honor.
THE COURT:
Yes, sir.
is that correct?
A Yes, sir, except I think he was
referring to a hypothetical person
rather than Mr. Donaldson.
Q Let's assume if we change the hypo-
thetical and that there is no evidence
that he was ever rejected from military
service, and that there is no evidence
that he was ever in a mental hospital
in Philadelphia, would it then be
consistent with your understanding to
assume an even shorter period of
hospitalization?
A It would weigh in that direction,
yes.
Q Now, Mr. Mahorner asked you some
questions
[106]
about a thing called schizophrenia.
Is one of the major symptoms or
indications of schizophrenic an inability
to communicate with other people?
A I guess frequently it is.
Q And did you see any evidence in this
record of that symptom from Mr. Donaldson?
A I certainly did not.
Q I believe you testified that you saw no
A. 30
evidence in the record that would support
a diagnosis of schizophrenia. Let's
assume for the minute that the
hospital's diagnosis of schizophrenia
was correct. Let's assume that a minute,
although I know I don't find any evidence
to support that, even if that diagnosis of
schizophrenia was correct, do you see any
evidence in the record that would justify
confining him to Florida State Hospital
for fifteen years?
A No.
MR. ENNIS:
No further questions, Your Honor.
MR. MAHORNER:
I have a couple of recross.
RECROSS EXAMINATION
BY MR. MAHORNER:
Q I will ask you to look in the record.
That
[107]
is a 1964 discharge -- excuse me, 1964
staffing. How many doctors do you see
on that staff?
A One, two, three, four, five, six.
A. 31
TESTIMONY OF KENNETH DONALDSON - Direct Examination
Q Now, what happened at the end of that
ten day observation period?
A I thought I was going home. I had
seen a doctor one time near the end of
the ten days, talked to this
[175]
doctor for a few minutes, and the doctor
didn't say one way or the other, but
the fellow patient said, well, you will
be going home tomorrow.
I thought I was going home, back with
my family and back to work.
Q But did you go home?
A I did not.
Q Where were you taken?
A I was put in a van with some other
people and taken to the state hospital
nearby at Marcy.
Q How do you spell that?
A M-A-R-C-Y. It is near Rome, New
York.
Q At that point you were an involuntary
patient?
A That is right. I objected.
Q You objected to that?
—_
A I objected.
Q Now, Mr. Donaldson, during the three
months you were at Marcy State Hospital,
what type of treatment was given to
you?
A In the first place, the second day I
was there I was put in an open ward and
I had the privilege of the grounds all
of the time I was there.
Q Yes.
A The doctor came through the ward
everyday. He didn't have time to stop
to talk to us, but a couple of
[176]
days I would walk along beside of him
and ask him about going home.
Do you want me to tell everything
that --
Q Well, let me just ask you this. Did
you ever receive electroshock therapy?
A Yes, sir, I did.
Q That is also referred to as electro-
convulsive therapy?
A That is right.
Q Now, did you go yourself to those
electroconvulsive therapy sessions or
A. 33
were you taken there?
A I went voluntarily.
Q And for how many of those did you go?
A Twenty.
Q And those were given over a period of
approximately three months?
A They were given two a week, and the
last week, the week of the last one I went
home from the hospital. I drove the car
home from the hospital.
Q Now, Mr. Donaldson, after you were
discharged from Marcy State Hospital in
early summer of 1943, were you ever again
a patient in a mental hospital between that
time and the time you were admitted to
Florida State Hospital?
A No.
Q Now, with the exception of those two
{177}
hospitalizations, the Marcy State and
Florida State, at anytime in your whole
life have you ever been hospitalized
as a mental patient?
A No.
Q Mr. Donaldson, would you please explain
briefly to the Jury what you did with your
A. 34
My home was where I hung my hat. I
paid my bills, never asked charity, never
caused any trouble, and I
[179]
thought it was my privilege as an American
citizen to go anyplace in this country
and work at any job that I cared to.
Q Let me ask you this question, Mr.
Donaldson. You said you never caused any
trouble. Let's be more specific.
Have you ever been convicted of any
crime?
A No,
Q Have you ever in your entire life
injured or threatened to injury yourself?
A No.
Q Or any other person?
A No.
Q You are absolutely sure of that?
A I am positive of that.
Q Now, Mr. Donaldson, where were you
living in late 1953 and early 1954?
A Los Angeles.
Q Were you employed at the time?
Yes.
A
Q Where did you work?
A Northrup Aircraft.
Q
What kind of work did you do there?
A I was working in the warehouse in
Lynnwood, later moved over to one of the
towns on the border, on the coast.
[180]
I was rated as a crater and packer.
My job was to cut the wood for the crates
from the blueprints and the other man
made the crates and packed the airplane
parts.
Q Now, Mr. Donaldson, while you were in
Los Angeles in late 1953 and early 1954,
did there come a time when you experienced
any particular difficulty?
A Yes.
Q What was the nature of that difficulty?
A They were of a physical nature, being
in very good health most of my life when
I experienced something that seemed a
little bit unusual, I decided to do
something about it.
Q What did you do about it?
TRANSCRIPT OF TESTIMONY
11/22/72
A. 36
TESTIMONY OF KENNETH DONALDSON - Direct Examination
would pull out his 3 x 5 file card and
ask me what ward are you on, and I would
tell him, and he would ask, are you taking
any medication, and I would tell him no.
Are you working anyplace, and my answer
was no, and then that was all.
One time when I came back after the
escape, which was a particularly out-
standing interview for me, he called me
down.
When I came back I took a shower, I
scratched myself pretty badly in my
legs going through brambles and the
attendants reportee the scratches and so
I was called down.
He came to the office and Gumanis said
drop your pants. I did. Several years
later when I complained about not getting
any psychiatric consultations he pulled
[242]
out his 3 x 5 card and he read off all of
the dates that he had seen me, including
that date when he told me to drop my
pants. He said those were psychiatric
interviews, psychiatric treatment.
Q Mr. Donaldson, during the nine years
tnat Dr. Gumanis was your attending
psychiatrist, what was the total amount
of time you spent talking with him?
A I would say it couldn't have been
over two to four hours. I would say
it would be closer to two hours. I have
A. 37
no way of estimating it accurately.
Q Now, during your entire period of
hospitalization, did Dr. O'Connor or Dr.
Gumanis ever ask you what you considered
your strengths to be, your strong points?
A No.
Q Pardon Me?
A No. No, sir.
Q Did either Dr. O'Connor or Dr. Gumanis
ever tell you what they considered the
short range goals for you to be?
A No.
Q Did they ever tell you what they had
in mind as the long range goals for you?
A No.
Q Did Dr. O'Connor ever discuss group
therapy with you?
[243]
A No.
Q When was the group therapy first made
available to patients in your department?
A I don't remember the year, exactly,
but it could have been around 1964 or
1965.
A. 38
Q Did you go?
A No.
Q Did Dr. Gumanis ever explain to you
what group therapy would do to improve
your condition?
A No.
Q Did Dr. Gumanis ever tell you who
would run the group therapy sessions?
A No.
Q All right, let me ask you this ques-
tion, Mr. Donaldson,
Did Dr. O'Connor or Dr. Gumanis ever
refuse to see you when you requested
permission to speak to them?
A Many times.
Q One of them or both of them?
A I bee your pardon?
Q Was it just Dr. O'Connor who refused
to see you?
A Both Dr. O'Connor and Dr. Gumanis, from
a period -- it was late or sometime in
May of 1957, which would have been the
third month I was on the general ward.
[244]
A. 39
Neither Dr. Gumanis nor Dr. O'Connor
ever say me at my request from that time
until the time I left the hospital.
After the first few years, I stopped
asking, but they never say me for all of
those years at my request, and during
those years there were a few things that
I wanted to discuss with them.
Q All right, now, did there ever come a
time later on when you did talk with Dr.
Gumanis, though not at your request?
He called you down to the office?
A Yes, when he called me down to the
office, yes.
Q Let me ask you this. Did you ever
discuss with Dr. Gumanis his refusal to
see you on those occasions when you re-
quested to see him?
A Yes.
Q What did he say?
A He said he talked only to the patients
that he wanted to.
Q And that was the substance of that
discussion?
A I beg your pardon?
Q And that was essentially the substance
of that discussion?
A That's right.
A. 40
Q I would like to talk for a little
while,
[245]
Mr. Donaldson, about the living conditions
at Florida State Hospital.
A About which?
Q The living conditions.
A All right.
Q How many patients were there in Depart~-
ment A while you were there?
A When I went there in 1957 there were
about 1,300. When I left ten years
later it was 1,000 or less.
Q How many psychiatrists were there for
that department?
A There was just one so called psychia-
trist when I went there, and for a period
of six months or so during the ten years
there was at one time three, I believe.
Generally, there was just one.
Q Now, in the buildings you lived in
Department A, were those buildings locked?
A Yes, sir.
Q Were the wards you lived on locked?
A Yes.
A. 41
Q Were there metal enclosures on the
windows?
A Yes, padlocks on each window.
Q Approximately how many beds were
there in the rooms where you slept?
A Sixty some beds.
[246]
Q How close together were they?
A Some of the beds were touching, the
sides touched, and others there was
room enough to put a straight chair if
we had had a chair.
Q Did you have chairs in the dormitory
areas?
A There wasn't a chair in the room I
was in.
Q All right, was there an outside
exercise yard for your department?
A Yes, there was a space outside the
building, a good sized space enclosed with
a cyclone fence topped with barbwire.
Q Did you go out to that exercise yard?
A I went out from time to time when the
other patients went out.
Q Was there ever a period of time when
A. 42
A Yes.
you did not go out to the exercise yard?
Q Did you eat the same food?
A Yes, there was one period in particular
when nobody went out for two years. A Yes.
Q Now, Mr. Donaldson, you were civilly Q In the same dining room?
committed. You had not been charged
with any crime, is that right? A Yes.
A That is right. Q Did you wear the same clothes?
Q Were there criminal patients on your A Yes. The entire operation of the
ward? wards I was on was geared to the criminal
patients.
A There were criminal patients on the
ward. Q Let me ask you, were you treated any
differently from the criminal patients?
Q Approximately what percent of the
population on your ward were criminals? A I was treated worse than the criminal
patients.
[247] Q In what sense were you treated worse?
A The criminal patients got the atten-
A Looking back, roughly, I would say tion of the doctors. Generally a doctor
a third. I do not know the figures makes a report to the court every month.
for the whole department.
Q For the criminal?
Q Let's just talk about your ward.
A On the criminal patients, and that
A Okay. I would say about a third in would be
the wards I was in.
Q Now, did you sleep in the same rooms [248]
as the criminal patients?
a Yes. a pretty heavy case load. It didn't
give them time to see the ones who
Q Did you get up at the same time? weren't criminal patients.
A. 44
Q Was there a place on the ward you had
access to for keeping personal possessions?
A No, not at that time.
Q What did you do with your personal
possessions?
A I kept mine in a cedar box under the
mattress of my bed.
Q Was there a place in the wards where
you could get some privacy?
A No, not anytime in all of the years
I was locked up.
Q Were you able to get a good nights
sleep?
A No.
© Why not?
A On all of the wards there was the
same mixture of patients. There were
some patients who had fits during the
night. There were some patients who
would torment other patients, screaming
and hollering, and the fear, always the
fear you have in your mind, I suppose,
when you go to sleep that maybe somebody
will jump on you during the night.
They never did, but you think about
those things. It was a lunatic asylum.
Q Mr. Donaldson, let me ask you a
few questions
A. 45
[249]
about employment or jobs you had at
Florida State Hospital.
Now, when you first were transferred
to the general wards, did you volunteer
to work?
A I volunteered to work.
Q Why did you do that?
A I was told that was a way to get out,
to show that you were willing to cooperate.
Q Now, were you assigned to a job?
A I was assigned to a job in the kitchen,
the general kitchen.
Q Who assigned you to that job?
A Dr. O'Connor.
Q Did he talk to you about that particu-
lar assignment?
A No.
Q Did he talk to you afterwards about
that particular assignment?
A No.
Q What were your duties in the kitchen?
A The first week I was there I took care
of several tables. I cleaned them after
A. 46
the meals, @umped the garbage and then
we mopped the floors.
After I had been there about a week,
I was put in charge of one of the steam
tables. There are two steam tables.
[250]
It was my job to see that the steam
tables were set up with the proper food
and then I helped serve the food.
Would you like to know about the food
that we had?
Q Sure. Tell the Jury.
A Generally, because I had some intelli-
gence I was put in charge of dishing out
the meat. The specialty of the house
was bone stew. Sometimes we had it twice
a day.
We never had a day without it, and
when that was hot in the steam table you
couldn't stand the stench.
I had to stand like this to serve it.
That is what the people had to eat.
Another thing that I saw about the
food was the man who served the butter.
We didn't have butter everyday. It was
called for two meals a dav. This one
man --
Q Was he a vnatient?
A. 47
He cut the butter, it was in --
Was he a patient or employee?
He was a patient.
on Fr, OD FY
All right.
A And shortly after I worked at this
time, I worked in the kitchen, he went
to the T. B. Hospital. He was the type
of person that never washed his hands.
Another thing about the food at this
time,
[251]
there were circles of green mold like
that on the bread. The meat was rancid.
Some of the food was good, but most of
it was unpalatable.
Q Did you have any responsibility for
checking the menus?
A Yes.
Q All right.
A The menu for every meal was posted on
the bulletin board in the kitchen and a
copy was sent here to be put on file in
Tallahassee.
My job when I started on the steam
table, I was instructed to check the
menu posted and what was sent to the
A. 49
A. 48
Q How long did you work that job?
steamtable.
A Until the middle of the first year
The first day I said we have not got there.
such and such. We probably got -- we
had bone stew that meal, for instance, Q And then what did you do?
instead of roast beef or something like
that. A Then I wanted to work outside. I
had never worked, been confined. I
I reported that to the lady in charge. wanted to get outside on the grounds, so
She said that is all right. to be transferred to a job I had to
quit this one.
The next meal we didn't get the butter
that we were supposed to, and I told her, They wouldn't transfer you while you
and she said that is all right. were on a job, so I quit tie job and
stayed out in the yard one day, and sent
One more meal they switched the a request to the doctor and I was put
vegetables, we probably had blackeyed on outside detail.
peas instead of a fresh vegetable, and
I told her that, and she said that is all Q Now, did any doctor discuss that job
right. I never told her I know -- with you before you were assigned to it?
A No.
[252]
Q Did any doctor discuss how that job
2 would relate to your treatment plan?
sO What were your working hours on that
job? A No.
A From 6:00 o'clock in the morning to
7:00 o'clock that night. I didn't work [253]
all of that time, but we were locked in
the kitchen all of that time.
Q What were your duties on that job?
Q How many days a week?
A We did everything that somebody else
A Seven days a week. didn't do. We planted flowers, and
strawberries that I told you about. We
Q Were vou paid anything? trimmed trees. I did carpentry, dug
; ditches, made plumbing repairs and
nT
vO.
Y
A. 50
painting, and so forth, and watered the
lawns. ;
Q How many hours a dav did you work at
that job?
A We were on the job three hours in the
morning and three in the afternoon.
Q Did you get paid?
A No.
Q How long did you hold that job?
A Until I escaped in late December,
early December.
Q All right, now, when you came back
they kept you in a locked ward from then
on, is that correct?
A That is right. They put me on the so
called back yard.
Q What is the back yard?
A The back yard consisted of a building
of four wards, two which contained the
patients who were the furthest gone.
There are some people who are entirely
out of their minds. They were there and
they were also used as punishment wards.
I was put back there.
[254]
A. 51
What did you do?
And I volunteered as a house man.
oO FY DO
What did you do as a house man?
A Made beds, scrubbed the floors, washed
the walls and assisted the retarded
people to take showers and things like
that.
Q Did you get any pay for that?
A No.
Q Did any doctor talk to you about that
job assignment.
.
A No. %
Q How long did you perform that job?
A There and after I was transferred to
the front yard until the middle of the
following year.
Q Now, did there come a time when you
quit working?
A Yes.
Q Approximately when was that?
A That was in the summer of 1958.
Q Why did you quit work?
A I looked around, observed my fellow
patients and the ones who seemed to get
the most respect from the attendants
A. 52
Q Did Dr. O'Connor ever tell you what he
thought the medication would do to improve
your condition?
A No.
Q Did Dr. Gumanis?
A No.
Q Did Dr. O'Connor ever try to persuade
you to take medication?
A No. Dr. O'Connor respected my belief
in Christian Science. He told me as long
as I did not cause any trouble on the
wards I wouldn't have to take medication.
Q All right, did Dr. Gumanis ever try to
persuade you to take medication?
A One time.
Q Describe that, please.
2 I was called down to Dr. Gumanis'
orifice to
[258]
have a conference with him, and Dr. Rich,
the Clinical Director.
I went over certain parts of my case.
Dr. Rich turned to me and said you will
have to take medication, and he said I
will promise you this, if you will take
medication for six months and then wait
A. 53
another six months, I will release you
from the hospital.
He said I will guarantee this, and
Dr. Gumanis at that time said go on,
Kenneth, he says, take it, you have tried
other things, go on, try the medication.
Q Okay. I would like to ask you a few
questions, Mr. Donaldson, about staff
hearings or staff conferences.
What is a staff Conference?
A A certain number of the doctors at
the hospital, the times I were there, I
would say about eighteen doctors sat
around a long table. The doctor who was
presenting the patient sits at the end
of the table with the patient.
Q Are those staff hearings regularly
scheduled for patients?
A They are regularly held, yes, probably
every week. I imagine every week for
each department.
Q I am not asking you if the hearings
were every week. I am asking you does
a patient get a staff conference at
regular intervals automatically?
[259]
A No.
—O
Was that up to his attending doctor?
A. 54
TESTIMONY OF KENNETH DONALDSON - Cross Examination
Could you give us a page reference,
please?
MR. MAHORNER:
No, sir, I am sorry. When you said
hospital record, it is in the Marcy State
Hospital record.
MR. DEAN:
What page of that, sir?
BY MR. MAHORNER:
Q It is the first page, sir. Do you
recognize
[294]
your handwriting there?
A Yes, sir, that is my handwriting.
Q I will ask you to read the third
paragraph of that letter, sir.
A I maintain that the misuse of political
powers was the sole reason that I was
given the course of electroshock treat-
ment, not misuse on my part, naturally,
as I never had any powers, but at the
direction of someore in the General
Electric Company or in the state govern-
ment at the time or in the national
government at the time.
Q Now, that letter was written many
A. 55
years after you left Marcy, wasn't it,
or what year was it written?
A That was written in 1954.
Q Do you recall that paragraph?
A I do.
Q What type of political power was
involved in your incarceration at Marcy,
sir?
A Again, I will ask you, do you want
my belief or do you want a statement of
fact?
Q I am willing for you to give your
belief.
A My belief. I believed that someone
objected to remarks I had made about the
conduct of the war. I have no exact
memory of what happened at that time. I
have no way of knowing how much of my
memory returned after I got the electro-
shock treatments. I maintained that
statement as a
[295]
belief at that time. I had no facts.
Q Would you look at this letter showing
the signature, Kenneth McCullough, sir,
which is the second letter in that
record?
A. 56
months in a New York State Hospital.
[317]
New York Hospitals were at that time
infested with Communists and in a generally
disorganized condition similar to tre one
prevailing in Chattahoochee up to tfis
year.
I was subjected there to some psychiat-
ric horseplay which left me a mentél
partial cripple for about ten years.
Q Go ahead, please, sir.
A Before I was completely cured I was
introduced to Christian Science which I
give full credit for my excellent health
today.
Q Did you go on to say that politics was
entirely responsible?
A I beg your pardon?
Q Did you go on to say that politics
was entirely responsible?
A In the following years I began the
reading of law in my spare time and took
an interest in politics. Because of the
latter I was subjected to -- I was sub-
jected to ridicule when the report of my
former hospitalization became broadcast.
Q Go ahead, if you will.
A. 57
hospital that worked for him would do it.
Q Did you write to Mr. O'Connor express-
ing the gratitude that you were not
forced to take drugs due to your Christian
Science study?
A Did I write him about that?
Q Yes, sir.
A No, sir, there was no occasion to
write him about it.
Q If you would turn to page 186, to the
report in front of you.
A 186?
Q Yes, sir, to see if that record
refreshes your memory. I believe 186
would have to be the first records. There
is so much that happened that I cannot
recall all of the letters.
A I wrote that. That is an honest
statement. Do you want me to read it?
Q No, sir. I just want to get you to
confirm it. Did you receive a letter
from Travelers Aid telling you that they
could no longer handle you and the doc-
tors could best help you?
A Yes, sir.
Q If you would, turn to page 312 of the
record, sir, wherein you wrote to Dr.
Rogers. Do you recaii that letter? I
think we paper clipped everything. 315
A. 58
TESTIMONY OF KENNETH DONALDSON--ReCross Examination
Q August 9, 1965?
A Yes.
Q Now, are you aware that Mr. Davis had
actually examined Mr. Donaldson over a
year before the date he finally wrote
the letter, that is, --
A Do you mean Dr. Calhoun?
Q Dr. Calhoun had actually examined Mr.
Donaldson
(371)
over a year and a half before he wrote
that letter, that is, say, in February of
1964? Are you aware of that?
A No, I wasn't aware of that.
Q But he didn't send in any report at
that time that you are aware of?
A Not that I am aware of, no.
Q Now, you testified that Mr. Donaldson's
mental condition did not change very much
during the time he was in Florida State
Hospital, is that correct?
A Yes, the changes that were noted are
recorded in my report.
Q Is there something called the MMPI?
A Yes, sir.
A. 59
Q Is there a test called the MMPI?
A Yes, sir.
Q Did you give that to Mr. Donaldson in
approximately 1958?
A I believe so.
Q Did you give it to him very shortly
before he was discharged?
A I believe so.
Q And is there any significant variation
in the test scores?
A I don't think so.
Q So Mr. Donaldson was basically, his
mental
[372]
condition was basically the same man the
day he was discharged as he was in 1958,
is that fair to say?
A On the basis of that test.
Q All right, now, let me ask you this.
You were reading from some book which
indicated that it is not at all uncommon
for a person diagnosed as being paranoid
schizophrenic to be quite intelligent,
that is true, but that is not the same
thing as saying, is it, that if you are
an intelligent person you are more likely
A. 60
to be schizophrenic than if you are a
stupid person, is it?
A I want to be sure I get this right.
Q Let's just put it this way. If you
happen to be an intelligent person is
there going to be a greater risk you are
going to turn out to be schizophrenic?
A No.
MR. ENNIS:
I have no further questions.
THE COURT:
You can step down, sir. Is there any
further need of this witness?
MR. ENNIS:
No, Your Honor. He is excused.
THE COURT:
You are excused, sir.
MR. ENNIS:
[373]
Thank you, Mr. Davis.
(Witness excused.)
THE COURT:
A. 61
TESTIMONY OF DR. RAYMOND D. FOWLER--Direct Examinatior
the paranoid reaction category, specif-
ically, paranoid state, not paranoid
schizophrenic.
I don't see any evidence from any of
the case material or test material that
I have read that he is paranoid schizo-
phrenic, and I would not in any analyz-
ing any of the test results that I have
seen here, I would never be inclined to
put a diagnosis of paranoid schizophrenic
on this patient.
I don't see either blind interpreta-
tion of the test which I did, or blind
interpretation putting together with all
of the case information which was
voluminous in this case, I simply cannot
see anything to indicate that he is the
furthest end of the continuing paranoid
schizophrenic, therefore, I would say
paranoid state.
Q Dr., how much testing was done on Mr.
Donaldson?
A In the hospital he was first tested
a little less than two years after he
came into the hospital, and he was given
test batteries. That was in 1958. He
was given one, two, three, four, five,
six, seven, eight test batteries or
eight testing periods during the hospi-
talization.
[393]
He was seen by the psychologist more
A. 62
than that, but on some occasions he was
not tested. He declined to test, to be
tested onsome occasions, but generally
conversed with the psychologist, so
that was written up, but no tests were
given.
Then in addition to that eight, we
have Dr. Calhoun's evaluation which took
place about midway in this stream of
tests. It would be -- it is the fifth
of the times that he was tested, and he
was tested a total of eight times, so
that includes Dr. Calhoun's test.
Q When was the latest?
A The latest testing appears to have
been the last report in 1970. I am
sorry, 1971. Let me correct this.
The summarization here does not
include the final test which took place
in 1971, so that would make it nine. It
is eight without Dr. Calhoun's evaluation.
Q Dr., over this period of time did the
personality profile of Mr. Donaldson
change in any significant degree from
the first test to the last test?
A No, I would say by and large the test
results were very much the same over that
period of time. Specifically, the one
that you can most point to as a sort of
an objective measure, the MMPI looks
almost the same fourteen years later as
it did previously.
Q Dr., when an MMPI is done the figures
are
[394]
taken in graft, are they not?
A That is right.
Q And a graft remains or is charted
out?
A Right.
Q Do each of those grafts appear to be
the same?
A Very close. The primary graft charac-
teristics are the same in 1958 and in
1971. The interpretation would be
equivalent in those two cases, I would
say.
Q Would you expect that graft to change
from someone who had been committed
against his will over a fifteen year
period?
A I am not sure I can answer that. It
would just depend. I would expect some
people to deteriorate very markedly over
that period of time and to show a much
deteriorated response.
Q The fact that Mr. Donaldson did not
deteriorate, does that say anything for
him psychologically?
A In the sense that paranoid schizophrenia
A. 64
is likely to be associated with a pro-
gressive deterioration with age, I
would say that that would slightly tend
you away from a diagnosis of paranoid
schizophrenia.
Q Dr., can we turn to the diagnosis of
dangerous to himself or to others for
a moment.
Do you find anything in that record
that would lead you to conclude, all of
the testing, all of the data
[395]
that you have before you, that Mr.
Donaldson was at anytime dangerous to
himself or to others?
MR. MAHORNER:
Before you answer, I respectfully
request that that record be defined so
as to change that you are not referring
to the hospital record, but the psycho-
logical record if that is the case.
MR. DEAN:
Refer to the hospital records also.
MR. MAHORNER:
He has seen the hospital record.
THE COURT:
A. 65
Are you asking about the hospital
record only, the testing?
MR. DEAN:
All of his reports and all of the
testing and all of the hospital records
and everything he has read.
Have you seen anything in those
records that would lead you to any con-
clusion or to a conclusion that he was
dangerous to himself or to others at
any period?
A I would say the overwhelming impression
of the test results and the hospital
record was of non-violent behavior and
non-probability of any kind of acting out
behavior, and I saw no evidence that he
actually had acted out in any way, and
I see no clear indication from the tests
[396]
that would indicate that he would have
been predicted to. In fact, he didn't.
Q Well, what is the best measure of
dangerous, Dr.?
A The behvior of the patient.
Q Dr., I believe from the date you
examined in Exhibit No., Plaintiff's
Exhibit No. 11, which is the dace
supplied you from Dr. Calhoun, what three
tests were given by Dr. Calhoun to Mr.
Donaldson?
A Dr. Calhoun gave first an interview of
approximately an hour and a half, and
then in the remaining time, about one
hour, administered a brief version of
the Draw a Person Test, the Thematic
Apperception Test and the Rorschach.
Q Would you explain those three tests
to the Jury?
A All right. The Thematic Apperception
Test consists of a series of pictures
about this size. Each one of the pictures
is sufficiently vague so that different
people might come to different conclu-
sions as to what is going on in the pic-
ture.
The pictures are drawn somewhat
sketchedly so that two different people
looking at it might conclude that the
person was in one case doing one thing
and in another case doing another thing.
[397]
There is a whole long series and
ordinarily we draw out a sample of those
pictures that seem to be most likely to
be relevant to this patient's problems.
The Draw a Person Test simply requires
that the individual draw a person. He
is first told to draw a person and when
he finishes that he says, now, draw a
person of the other sex, so that whichever
A. 67
one he drew before, he draws in the
opposite sex.
Then ordinarily a lengthy inquiry is
given on this picture to ask, you know,
what kind of person is this, what would
you imagine this person does, what would
he do in various circumstances.
This inquiry was not done in this
Case. There is no indication that an
inquiry was given and I don't believe
that it was done.
The Rorschach, again, is a series of
plates, roughly this size, a little bit
smaller, that are the familiar ink blot.
They are what would happen if we dropped
a blob of ink on here, folded it over and
then turned it back, so it is an abstract
design, but by looking closely at it just
as if you look closely at the clouds or
trees, you can see things that sort of
resembles and looks like and the patient
is asked in each case to tell what the
card reminds him of, makes him think of,
what it looks like to him.
You record his responses and then
after you
[398]
have done that you go through ane find
out in detail on each one why he saw
that particular thing and then there is
a rather elaborate scoring system so
that then you add up the scores and rate
A. 68
him with respect to certain character-
istics.
Now, again, on this rather brief test-
ing, the testing period I gather was
something in the vicinity of an hour to
an hour an a half, which is about the
time that is often given for one of the
tests, so he did abbreviated testing in
all three times because of the limited
time.
He did not do an inquiry as I can tell
on the Rorschach and he did not score
on the Rorschach. He scored a few of the
responses, but he did not score to have
it tabulate.
Q Dr., in layman's language, would you
tell the Jury the validity and the
reliability of these three tests that Dr.
Calhoun gave, say, in comparison to the
MMPI?
A Well, in my opinion it is difficult
to evaluate either the validity or the
reliability of the Rorschach because each
individual who administers it tends to
question the patient differently, tends
to assign scores somewhat differently,
so that if you take the same record
administered by one person and give it
to five psychologists, the scores are
very likely to be the same for all of
the psychologists scoring.
There would be some general agreement
as to
A. 69
[399]
the kind of scores, but this means there
is an unreliability in the scoring of the
MMP I as far as the validity of the test,
in my opinion the belief in the validity
of the test.
Q Dr., may I interrupt you. I believe
you said reliability. Unreliability in
the MMPI, and you were talking about the
Rorschach, were you not?
A Yes.
Q The unreliability is in Rorschach?
A Yes.
Q Okay.
A Thank you. In the Rorschach, no two
people are likely to agree precisely
point for point on the scoring, so you
have an unreliability built in right at
the very beginning on the Rorschach.
Simularly, on the TAT, bearly can you
score that at all. On all three of these
tests it is difficult to evaluate relia-
bility because there is no systematic
scoring system for two of the tests and
only a general scoring system for the
other one, so you have to consider it in
terms of scoring unreliable.
In terms of the validity, it depends
entirely on the sort of clinical skill
of the interpreter. There is no
A. 70
statistical reliability to the test. The
research literature in recent years has
been increasingly critical of the
Rorschach as a usable test. Some of the
recent reviews
[400]
have recommended that the Rorschach be
discontinued as a clinical instrument
and many universities have ceased to
teach courses in Rorschach at all.
Those that continue to or some of those
that continue to teach courses in it do
so primarily because some of the job
placements require that the person know
how to do the Rorschach, and some of
the expectations for licensing laws still
retain that, but I would say in general
it is considered sort of an outmoded
instrument by those people who are
research oriented and who are keeping up
with research.
Q Does the same thing apply to the other
two tests, Dr., generally?
A Yes, the TAT and the Rorschach and the
Draw a Person.
Q Dr., which psychological tests are
least reliable in predicting violence or
proneness for violence?
A I don't have any figures on that. I
would say that most psychological tests
are not very good at predicting proneness
A. 71
to violence. When you are trying to
predict behavior of that sort, the actual
behavior of the person is so overwhelm-
ingly important in comparison with test
results that I would say observation
would be your critical issue.
Q Dr., assuming that you had received
a call
[401]
and accepted employment to do psychologi-
cal testing on someone in a mental hospi-
tal who was seeking his release from the
hospital, what in your opinion would you
do and what would be professionally
proper, which test should be given?
A I would certainly include at least one
objective personality test if I did also
administer the projective test, which I
might very well do, but I would insist
on at least one objective personality
test.
My own preference is the MMPI. There
are other objective personality tests,
but I would insist on at least the MMPI
results or some equivalent of some other
objective type tests to get a positive
scoring.
I think I would, assuming the situation
permitted it, I would want a long enough
time available to administer all of the
tests that I administered fully from
beginning to end, and I would certainly
A. 72
score and interpret the tests and prepare
a report that gave the conclusions on
it. I would assume that would be expected.
Q Dr., in your opinion and from your
examination of these records that we
spoke of, would you have ever recommended
hospitalization for Mr. Donaldson?
A Let me -- are you talking about all
of the records from the hospital and all?
Q Let's say in 1957 and not Marcy State.
A On the basis of the test results I
doubt it.
[402]
On the basis of the description that came
from the Pinellas County, I would certainly
want to do a follow up and find out the
accuracy of those statements. I would
be inclined to not consider this person
hospitalizable in general on the basis
of certair psychological tests.
Q Have you ever considered -- have you
ever committed anyone or recommended
anyone with this personality profile?
A No.
Q Dr., do any of these tests relate to
his ability to organize his thought, his
conduct?
A Well, he did have some intelligence
A. 73
tests which measure his intellectual
functioning and whether he can organize
his thinking to that extent, the TAT
requires him to respond to a pretty
unstructured stimulus and to develop a
story sort of from beginning to end and
as quickly, if somebody has disorganized
thinking process because the story has no
logical beginning, no logical end, so I
would say those tests clearly indicate
the organization of behavior.
Q And what was his organization of
behavior from those tests?
A Quite well organized.
Q Dr., have you tested many college
students?
A Oh, yes.
Q Approximately how many?
[403]
rs Directly, probably several hundred.
Indirectly through supervision of my
students, several thousand, I suppose.
Q Are you familiar with their profiles
on the MMPI testing?
A Yes.
Q Would you compare for the Jury, please,
Mr. Donaldson with a college student,
average college student, average profile?
A. 74
A Well, Mr. Donaldson's MMPI profile is
considerably more deviant than the average
college student, although a sizable number
of college students would have profiles
as deviant or more deviant than he. If
you push to a percentage, I would say
at least 10 percent and probably more.
Q You have testified concerning Dr.
Calhoun. You testified that he spent,
I believe, an hour and a half with Mr.
Donaldson and he spent approximately an
hour in testing Mr. Donaldson, is that
correct, sir?
A I believe that is correct, approximately
that.
Q I would like for you to assume, if you
would, Dr. Calhoun also spent one and half
minutes with the staff, and I would also
like for you to assume that he did not
read the hospital record and from that I
would like for you to professionally
critique his examination of Mr. Donaldson,
[404]
if you would.
MR. MAHORNER:
Your Honor, if it please, I would
like that word, that question reworded.
The witness is not in a position to
critique the examination. What he is
critiquing is the records made of the
examination.
A. 75
TESTIMONY OF DR. JOHN GUMANIS--Direct Examination
Erie, Pennsylvania. Let's move along to
the substance of this case.
BY MR. DUBOSE:
Q Now, could you read to me the opinion
of Dr. Ojeda?
A Yes, sir. "I agree with the examiner."
In other words, he agreed that the patient
should remain in the
[443]
hospital. "I am of the opinion that
efforts should be made in order to treat
this patient with some intensive treat-
ment and medication."
Q Did you treat that patient with some
intensive treatment and medication?
A Mr. Donaldson at all times and all
interviews refused medication.
Q How about intensive treatment?
A Sir?
Q How about --
A Intensive treatment means medication.
Q It says intensive treatment.
A Intensive treatment includes medica-
tion and electroconvulsive treatments.
Dr. Adair who was his doctor at receiving
A. 76
service received permission for electro-
convulsive treatments, but he did not
receive any because he thought he did not
require any.
The only medication we could give him
was either oral medication like
Phenothiazine, like Thorazine or
Mellaril or other type medication or give
him an I. M. medication.
Q Could you explain the term I. M.?
A I. M. medication means intermuscular
medication, giving it by needle, by
injections, and if --
Q That was what the doctor meant by
intensive
[444]
treatment?
A That is correct.
Q He meant no --
A Either that or electroconvulsive
treatments, one or the two.
Q Those were the only two things he
meant?
A Including occupational therapy,
music therapy, religious therapy and
all of the others.
A. 77
Q We will get into that. Could you
turn to the staff of 1964?
A Yes, Sir. That is on page -- I have
it page 32.
Q Page 32, yes, sir.
Yes, sir.
What is the date of that staff?
January 9, 1964.
on Fr, OD PY
Why was that staff held:
A It could be that another letter was
written by Mr. Donaldson or we just
brought him up for evaluation.
: Could you turn to pages 504, 505 and
06?
A Yes, sir. I have 504.
Q Do you see that letter?
A From Mr. Stallings who was a State
Representative from Duval County at that
time.
Q And he was interested in Mr. Donald-
son's case?
[445]
A Mr. Stallings at that particular time
was interested in his case.
A. 78
He made a visit to the hospital and
He sure did.
At the end of December?
At the end of December?
Yes, sir, he came to the hospital to
A
Q
A Sir?
Q
A
visit Mr. Donaldson.
Q About a week before Mr. Donaldson went
to staff, would you say that?
A If you want to place it that way,
yes, sir.
Q So it is quite probable, then, that
Mr. Stallings influence brought about
this second staff?
A If it is in your opinion that you
think that Mr. -- he asked for the
patient to go.
Q He asked?
A He did.
Q And you --
A I remember once we did, yes, sir. It
could have been that.
Q Did Mr. Donaldson ever ask to go to
staff himself?
A. 79
A Mr. Donaldson didn't have to go to
staff. He could have been released from
ths hospital if he was not
[446]
mentally sick by discharge. He could
have got an out of state discharge.
Q And that didn't require going to
staff?
A No, sir. Sometimes it doesn't require
it. It was up to the superintendent's
pleasure, the superintendent and the
clinical director.
Q Could you turn to No's. 526 and 527?
A 526, yes, sir.
Q Is that a letter or a carbon of a
letter from Dr. O'Connor to Representa-
tive Stallings?
A Yes.
Q And does that report the results of
the staff of January 9?
A It reports -- what was your last
question, sir?
Q Is that a report to Representative
Stallings of the staff conference held
on that day?
A On 524, here it says, it gives the
A. 80
date that Mr. Donaldson will come to the
hospital.
Q 526 and 527, excuse me.
A 526, all right, 526, yes, sir.
Q So Dr. O'Connor certainly felt that
Representative Stallings wanted an
immediate report on the staff?
A If you want to take it that way, yes,
sir.
Q Now, let's turn back to the staff,
itself.
[447]
In 1964?
In 1964.
That is 34, isn't it?
Turn to page 33, the last doctor.
Yes.
Just a minute. 33.
A
Q
A
Q
A 33?
Q
A
Q Yes, would you read the quotation from
Dr. O'Connor?
A “Dr. O'Connor: No question about me
agreeing. The consensus of opinion is
A. 81
to hold him in the hospital; that he is
incompetent and considered to be dangerous
to others; and that he should be held in
the hospital until further improvement."
Q Now, at that staff conference none
of the other doctors are recorded as
having said Mr. Donaldson was dangerous,
are they?
A No, it is not here. They felt that he
was paranoid and incompetent, so even if
he is paranoid and incompetent, he still
stays in the hospital, even with those
two characterizations.
Q Okay, but I am interested in Dr.
O'Connor's characterization of dangerous.
Do you -=-
A That was his personal opinion.
Q Was there any evidence at the staff,
presented
[448]
to the staff meeting in your recollection
that would have given a foundation for
that conclusion?
A I don't remember if this was the
particular time Mr. Donaldson and Dr.
Dunin had a run-in together in 1964, but,
and this is the thing that may -- I think
they both were banging the table, so it
could have been from that.
A. 82
Q Do you remember the name John Lembcke?
A Yes, sir.
Q Who is John Lembcke?
[455]
A John Lembcke was an accountant from
New York, Binghamton, New York, or
Utica, New York, with whom Mr. Donaldson
corresponded and was trving to discharge
him in his care.
Q Would you turn to 540, please?
A 540, yes, sir.
Q Now, is this a request for Mr. Lembcke
to have Mr. Donaldson released in his
care?
A Yes, sir.
Q Now, when you received that letter
was there a note attached onto it?
I believe it is No. 538.
A When I received this letter?
Yes.
Or just this little clipping here?
Q
A
Q Right, and is that note in Dr.
O'Connor's handwriting?
A
Yes, this is in O'Connor's handwriting.
A. 83
Q Could you read it? I am going to pass
it among the Jury, but handwriting is
sometimes difficult to people who aren't
familiar with it.
A Oh, what Dr. O'Connor said, yes, let
me see. I guess he is referring to Mr.
Lembcke and I remember about this. This
man --
Q Just read from the beginning.
A The note is addressed from Dr.
O'Connor to
[456]
Dr. Gumanis, and he says, "This man,
himself, must not be well to want to get
involved with someone like this patient,
who even the recent visiting psychological
considered dangerous."
Q Did you dictate this letter? It is
No. 541.
A Yes, my initials are on there. I
dictated it.
Q Could you just explain to the Jury
the significance of the initials below?
A The initials?
Q Below the signature block.
A Well, the letters were signed by the
Clinical director.
Q Right.
A But the letter was composed by the
physician.
Q And those, the initials J. G. helow
mean that you dictated the letter?
A Right.
Q Now, did you dictate that letter in
response to Dr. O'Connor's note?
A Sir?
Q Did you dictate that letter in response
to Dr. O'Connor's note?
A No. As to the condition of Mr. Donald-
son, I thought the man was still sick at
this time, because this is July of 1964
and he had recently gone to staff.
[457]
Q Let's turn back to Dr. O'Connor's
note.
A Yes, sir.
Q I don't think you read this small
section down there in the lower left hand
corner. Would you please read that?
A “Recommend --" I don't --
Q What does it say?
A. 85
A “Recommend turn it down.”
Q “Recommend turn it down", so it was
A Dr. O'Connor was the one that was
going to sign the release if this
patient was discharged.
Q So it was his recommendation not to
release Mr. Donaldson to Mr. Lembcke?
A I gave Mr. Lembcke a resume of the
patient's mental condition and then I
later on put in the wishes of Dr.
O'Connor, that the, and we gave him the
-- we gave him the condition how he was,
a picture of his condition.
Q Now, did you speak --
A Because, excuse me, because if this
patient was released to Mr. Lembcke in
New York, in Binghamton, New York, Dr.
O'Connor was the one that would sign the
discharge.
Q So that --
A With the Clinical Director together.
Q So that Dr. O'Connor was the one who,
if he disapproved of it, you might as
well forget about it, is that
[458]
right?
A. 86
A That is correct. That is what it
comes down to, to any superintendent of
any hospital, and it is the same in any
state.
Q Did you speak to the Plaintiff before
you wrote the letter to Mr. Lembcke?
A I think I did. I don't recall offhand.
I probably did. When did he go to staff
in 1964?
Q He went to staff a good deal before
that, I believe, in January of 1964.
A Because I knew Mr. Donaldson's.
January of 1964, that is correct, but I
interviewed him later on, too.
Q What did you know about Mr. Lembcke
at the time you wrote that letter?
A What did I know about Mr. Lembcke?
He just asked for some information about
the patient.
Q Didn't he ask to have the patient
released in his care?
A Yes, sir.
Q And you sent him a letter rejecting
that request, did you not?
A Well, if the superintendent told us
that he will not sign any papers dis-
charging him, I could not do anything
else. I could --
Q Do you know if --
A. 87
[459]
A I could not discharge him.
Q Do you know if Dr. O'Connor knew any-
thing about Mr. Lembcke?
A I wouldn't know. I don't think so,
because Mr. Lembcke, I think, didn't
come down to Tallahassee until 1966.
Q So he had never been down here,
nobody at the hospital had ever seen him,
right?
A Yes, sir.
Q Now, did you think that Mr. Lembcke,
and I will pull the note, must not be
well to want to get involved with the
Plaintiff?
A No, I cannot say that.
Q In your interrogatory -- never mind.
Now, did you communicate to Dr. O'Connor
that you didn't agree with him?
A I didn't say that I didn't agree with
him. I thought the patient was still
mentally sick.
Q Oh, you did? Well, I am talking about
Mr. Lembcke.
A Oh, no, I didn't say anything. That
was his personal opinion. I didn't dis-
cuss that.
A. 82
Q You didn't agree with that?
A I didn't discuss that.
Q The question --
[460]
A How could I agree when I didn't know
Mr. Lembcke at that time?
Q Did you tell Dr. O'Connor that?
A i didn't tell him anything. He
probably sent me this note.
Q Was he the kind of a man that you
couldn't tell things to?
A Oh, yes, we talked with Dr. O'Connor,
could talk to hi: .
Q But you went along with his decision
that Mr. Lembcke was not --
A You have to go with the decision of
the superintendent most of the time.
MR. MAHORNER:
Your Honor, we object to the statement
as being unfair because the decision was
to keep the man in the hospital. The
reasons for it may vary, but when he
states a question this way, he went along
with his decision, and then ties it in
to that note, it is unfair to the witness.
THE COURT:
Well, the question was, as I understand
it, did you agree with Dr. O'Connor that
Mr. Lembcke was not a proper person for
this man to be released.
THE WITNESS:
We only had seven --
[461]
THE COURT:
Well, wasn't that the intent of your
question?
BY MR. DUBOSE:
Q Yes, sir.
A There was only seven lines in this
letter. I couldn't form an opinion of
what Mr. Lembcke was except that he was
a certified public accountant. That
is all I know about him.
THE COURT:
Did you or did you not acree with Dr.
O'Connor?
THE WITNESS:
I had to agree with Dr. O'Connor.
THE COURT:
A. 90
years and I don't see it in here.
Q Is there any indication in the record
that you can see that such an investiga-
tion was ordered?
A If it was it was not in here or in
my notes. That was in July of 1964.
Q I believe your letter was dated July
2, 1964.
Sir?
A
Q I believe your letter was dated July
7, 1964.
A The only thing I have in here on
July 7, 1964, is that Mr. Donaldson
resides on ward, shows no particular
changes mentally. He is still delusional
and his judgement
[466]
is poor. States he will live in Syracuse,
New York, and receives Social Security of
$100.00, $101.00, and Mr. Lembcke, a
public accountant, wishes to sponsor him
in New York. However, Dr. O'Connor does
not agree with this man. That is all
I wrote.
Q Would you turn to 553, please?
A Sir?
Q Page 553 in the record.
A Yes, sir.
Q Have you seen that letter before?
A I presume I have. This is the first
time I have seen it. I have seen a lot
of correspondence of Mr. Lembcke.
Q When you received that was No. 554
attached to it? That is the small card
stapled to the front.
A Well, as I said before, Dr. O'Connor
was the one that should release this
patient and he gave us directions as to
what to do.
Q But this note was attached to it when
you got it?
A Yes.
Q Again, would you read the note to the
Jury, please?
A The note, 1 believe must have parents
consent, mumber one. Dr. Gumanis, I
believe must have parents consent.
[467]
Number two, patient will not stay with
party mentioned. Number three, we don't
know anything about party, etc. O'Connor,
please answer in negative.
Q And in response to that note, did you
write No. 555?
A I sure did.
Q Dr. O'Connor gave a number of reasons
this time why he was turning down Mr.
Lembcke, didn't he?
A I gave -- he might have given that
reason, but I had my reasons, too. I
thought Mr. Donaldson was ill.
Q You wouldn't have released him, either?
A I wouldn't have released him, either,
no, except if they made special arrange-
ments like have the patient follow up
with psychiatric care and everything
else.
Q Any other special arrangements that
you would have required?
A Just about that.
Q Why didn't you mention them in your
letter to Mr. Lembcke?
A Sir?
Q Why didn't you mention those require-
ments to Mr. Lembcke?
A I listed the requirements that Dr.
O'Connor had in his note, because he was
the one that was to release the patient.
[468]
Q Why didn't you mention his requirements
to Mr. Lembcke?
A He told me to put it in a negative
manner and that is exactly what I done.
Q If Dr. O'Connor said no, you didn't
think it was worthwhile letting Mr,
Lembcke know what his reasons were because
Dr. O'Connor's no was a solid, firm no?
A I couldn't do anything because I
could not release the patient. Dr. -- as
I said before, Dr. O'Connor was the one
that had to sign his release with the
Clinical Director. They were the two
that were responsible for release to
another state.
Q Is there any indication in the record
that Dr. O'Connor made any effort to find
out anything about Mr. Lembcke or to
communicate with him the reasons why he
thought Mr. Lembcke would be an unsatis-
factory patron of Mr. Donaldson?
A I don't recall them.
Q Just take a look at the progress notes
if you want and see if you can find
anything.
A Do you mean my progress notes?
Q Yes.
A I don't recall any. I don't see any-
thing in here.
Q But didn't Mr. Lembcke, in his letter,
say
A. 94
[469]
that he would be willing to give any
information that the hospital desired?
A Well, if Dr. O'Connor wanted a negative
answer, we couldn't go ahead and investi-
gate Mr. Lembcke, as you say.
Q Now, did Mr. Lembcke ever visit the
Florida State Hospital?
A I think he visited the Florida State
Hospital during 1966.
Q And did you meet him during that visit?
A He came down to my office, I remember,
I think. I recall it.
Q What was your opinion of Mr. Lembcke?
Ay
He looked all right to me.
Oo
After you took Mr. Lembcke, where did
he go.
A I escorted him over to Dr. O'Connor's
office.
Q and Dr. --
A As far as I could recollect, now. I
don't remember, but I think I did, because
I could not give Mr. Lembcke an answer.
Q Excuse me. I didn't hear your answer.
A I could not give him an answer as to
A. 95
the release. I talked to him about the
patient's condition, what we thought
about it, but I couldn't give him an
answer as to release plans. He had to
see Dr. O'Connor.
Q But as far as you could tell, Mr.
Lembcke
{470}
would have been adequate to manage Mr.
Donaldson?
A As far as I could tell. I didn't
see anything wrong with Mr. Lembcke.
He talked all right to me.
Q Was there anything that Florida State
Hospital provided for Mr. Donaldson that
Mr. Lembcke couldn't have provided?
A I don't know what Mr. Lembcke could
provide for the patient.
Q Well, what did the Florida State
Hospital provide?
A Well, we tried to give the patient
medication. He refused that on the
basis of his religious belief.
Q So that wasn't something you provided?
A No, it was not.
Q What else did you provide for Mr.
Donaldson?
A. 96
A We tried to make him as comfortable as
we could.
Q Could Mr. Lembcke have done that?
A It could be.
Q Anything else?
A Well, he had, shall we say, milieu
therapy which included religious therapy,
recreational therapy. He didn't receive
much occupational therapy in our depart-
ment, and other forms.
Q Let's go through those things.
Religious
[471]
therapy. He could have gone to a church?
A Yes.
Q With Mr. Lembcke, couldn't he?
A Right.
Q And he could have gotten a job,
couldn't he?
A Could the patient have had a job?
© I mean he could have gotten a job
when he was living with Mr. Lembcke?
A It is possible, yes, sir.
A. 97
Q So that was about the same thing as
occupational therapy, right?
A Is that about the same thing as
occupational therapy?
Q Occupational therapy, wouldn't it
serve the same purposes?
A Well, I would say so, yes, sir.
Q And he could have amused himself any
way he wanted, could he not, and that
would be about the same as recreationa’~
therapy, wouldn't it?
A Yes.
Q So really there was nothing that Mr.
Donaldson received at Florida State
Hospital that Mr. Lembcke couldn't have
given him, isn't that true?
A Well, I don't know if Mr. Lembcke
could have provided him with supervision
that the patient had at
[472]
Florida State Hospital.
Q What kind of supervision di. he have?
A He wasn't free to go out and express
his various delusions.
Q Oh, Mr. Lembcke probably couldn't
have kept him locked up, is that right?
TRANSCRIPT OF TESTIMONY
11/27/72
A. 98
PROCEEDINGS
November 27, 1972
(4]
THE COURT:
Good morning. Be seated, please.
Would Counsel approach the bench,
please.
(Whereupon, the Attorneys approached
the bench.)
MR. DUBOSE:
We are continuing with the testimony
of John Gumanis, please.
WHE REUPON
JOHN GUMANIS
the witness on the stand at the time of
the recess, resumed to the stand and
testified further:
DIRECT EXAMINATION
MR. DUBOSE:
Q The last time we were discussing the
A. 99
possibility of release for Mr. Donaldson
I am afraid we may have confused the
Jury a bit. Could you explain to
the Jury the different types of releases
which were possible at the Florida
State Hospital?
A There were three different releases.
First was furlough, which was signed
by the attending Psychiatrist and the
Superintendent.
The second release was an out of
State discharge which was signed by
the Physical Director and the Super-
intendent, and the third release was
a competency discharge which was
signed by various Doctors, the Super-
intendent and the Clinical Director.
[5]
Q Now comes the competency discharge,
when someone received that, then all
of their rights were restored. Is
that right?
A They usually go to the Courts and
have their rights restored. They
could do it within thirty days, I
believe.
Q That doesn't happen automatically
in the other types of discharge,
does it?
A. 100
A No, sira
Q In those types of discharge the
patient could still be mentally ill
could he not?
A Could be, yes, sir, especially on
a furlough. We--may I explain some-
thing? We give the furlough because
it is easier fort the patients. A
furlough is good for one year and
the relatives could return the patient
back to the hospital.
Q So you have, yourself, furloughed
patients who were still mentally
ill?
A I have furloughed patients, yes,
sir.
Q So the fact that Mr. Donaldson was
mentally ill when Mr. Lembcke wrote
into the hospital to release him did
not itself bar release of Mr. Donaldson,
did it?
A May I get that question again,
please?
Q Well, you said before that when
Mr. Lembcke wrote in for Mr. Donaldson's
release Mr. Donaldson was mentally ill
still, but that alone wouldn't have
been enough reason to bar?
A No, sir.
A. 101
[6]
Q For a competency discharge you had to
go before a Staff, is that correct?
A Yes, sir.
Q You didn't for the other two?
A No, sir.
Q What kind of power did you alone
have to release Mr. Donaldson?
A The only power I had was to on a
furlough, but on this particular case
Doctor O'Connor knew the case for two
and a half years and I had to ask
Doctor O'Connor if this patient to
even would have released on a furlough.
Q But normally you could have released
him on furlough by yourself?
A Sometimes, yes, sir, on very diffi-
cult cases we consulted the Clinical
Director or the Superintendent.
Q But in this particular case Doctor
O'Connor had made it clear to you that
he wanted to have the final say on
release?
A He had not made it clear to me.
We knew the specific cases, some
specific cases that were complicated.
We had to receive the permission either
of the Clinical Director or the
A. 102
Superintendent.
Other cases that were ordinary cases
went home, we just went ahead and
furloughed him ourselves and Doctor
O'Connor also signed, the Superintendent
signed the furlough papers.
Q But you know that Doctor O'Connor
in this particular case would want
to approve it himself?
(7)
A Well, I knew the case was compli-
cated.
Q Now, how come the Plaintiff was
eventually discharged from the hospital?
A Well, the patient was - Mr. Donaldson
was transferred from my department in
1967 and I know that he was finally
discharged by three doctors that saw
him, Doctor Rodriguez, Doctor Pinell,
who is in Texas now, and who was a
Clinical Director at that time and
from Doctor O'Connor, and Doctor
Hirshberg.
Q And he didn't go before Staff
then, did he?
A I don't know if he went before
Staff but I would not know that for
he was never in my department.
A. 103
has personal knowledge of it, which
he has already stated he didn't, dis-
cuss this letter with the Jury, but
if you wish to read the letter to the
Jury, read it. It is already in
evidence.
[9]
MR. DUBOSE:
Q It is already in evidence. I just
wanted to bring a conjunction. Now,
you say that Doctor O'Connor knew of
Mr. Donaldson's case?
A He knew of Mr. Donaldson's case
because he was the attending Psy-
chiatrist from December 1957 until
October of 1959. He was not Assistant
Clinical Director or Clinical Director
or Superintendent. His position at
the hospital was Staff Psychiatrist of
Department "A".
Q So he was Staff Psychiatrist up
until 1959 and where was he located
in the department?
A Department "A."
Q That was the department that you
are now on?
A Yes.
Q And you were on then?
A. 104
A Iwas there with him, his associate,
yes, sir.
Q And Doctor O'Connor was in charge
of the department?
A Yes.
Q And he was also Plaintiff's attending
Psychiatrist?
A That is right.
Q After that period you were the
attending Psychiatrist?
A After that period I was, and about,
at least five other Psychiatrists.
Q Who were the other Psychiatrists?
A The other Psychiatrists were Doctor
Shaw,
(10)
Doctor Chacon, Doctor Haneson and
Doctor Rodriguez.
Q Well, let us say that up until
1967 when he had left Department "A,"
what other Psychiatrists had contact
with Mr. Donaldson?
A Doctor Shaw and Doctor Chacon.
Q But you had most of the contact?
A. 105
Q How long was Doctor Shaw in Depart-
ment "A?"
A I believe two or three years.
{11]
Q And Doctor Chacon?
A I mean Doctor Chacon, I didn't re-
member Doctor Shaw. It was about a
year, I presume.
Q A very short period?
A I don't recall.
Q How come there are no progress
notes from Doctor O'Connor in the
record. Do you know why that is?
A Well, Doctor O'Connor usually
did not make any notes. The only
notes were when he had, when he
interviewed the patient and when he
had letters, the letters from 1957 to
1960 are all from the parents, from
Kenneth, Mr. Donaldson, were all
answered by Doctor O'Connor.
Q After that all the letters up
until 1967 were answered by you,
is that true?
A Right, yes, sir.
Q Even though Doctor Shaw and Doctor
Chacon occasionally came into the
A. 106
picture, they never corresponded
with the outside parties?
A No, sir.
Q Now, if you could turn to the
progress notes of March.
A What page is that on, please?
Q It is Page 66, March 5, 1964.
That is at the bottom of the page.
A Yes, sir.
Q It states that Mr. Donaldson wanted
$100.00 sent to his daughter in order
to facilitate his discharge to the
Half-Way House in Minnesota?
[12]
A Yes.
Q There is a parenthetical note
here, after consultation with Doctor
O'Connor it was decided that it would
not be sent until arrangements for
the patients release were made.
A Usually if a patient asks for a
large amount of money over $30.00
or $40.00 it was up to the Super-
intendent or the Clinical Director
to decide on that.
Q And why did Doctor O'Connor decide
not to send money?
A. 107
[13]
past, myself, without consulting
Doctor O'Connor. If Mr. Donaldson
wanted to go to his parents, that
is either Kenneth refused, saying
that he didn't want to go, or that
he would tell me consult my lawyer,
or in 1964 he brought Mr. Stallings
into the picture.
Q Weli, in April of 1964 you were
willing to let him go to his parents.
Why weren't you willing to let him
go to Mr. Lembcke in July of 1964?
A I told you before that wasn't my
decision. It was up to the Super-
intendent to decide if Mr. Donaldson
was to be released to Mr. Lembcke.
It was an out of State discharge and
I could not sign anything like that.
It was up to Doctor O'Connor and the
Clinical Director.
Q And you had no opinions one way
or the other in the matter?
A I could not do anything, no sir.
Q Now, if you will turn to Document
No. 495, please.
A Yes.
Q We looked at the last time period
was a letter to Helping Hands turning
down their request to Mr. Donaldson?
A. 109
A. 108
A The decision was made by Doctor
A 495? O'Connor, the Superintendent, yes,
sir.
495 es, sir.
’ ee Q oO. K.
A
Yes, sir.
: A And it was still made at the hospital,
the policy for out of State discharges,
or anything else, still in this State
are made by the Superintendent or the
Q Now, you said you wrote this and your
initials are in the lower left hand
corner?
A Correct.
[14]
Q Doctor O'Connor's initials are also
there?
A Correct.
Q In what roll did he have in composing
that letter?
A I told you the other day, I presume,
in my deposition I said that I was
of the opinion the patient would be
helped from Helping Hands. I still
think the patient could have been
helped by Helping Hands.
Q So it was primarily Doctor O'Connor's
Opinion that Mr. Donaldson should not
be released to Helping Hands?
A It was in Minnesota, so, I had
nothing to do with it.
Q I am just trying to locate where
the decision was made, not to send --
Clinical Director.
Q Did you ever refuse to see Mr.
Donaldson?
A I don't recall.
Q Did you ever refuse to see any
patient at Florida State Hospital?
A Sometimes if we have meetings in
the efternoon I would tell them to
see me another time.
{15]
Q Did you evex refuse to see a
patient that was brought to you
on a stretcher because he wasn't on
your list?
A We treat all emergencies at once.
Q Is that a yes or no, or did you
ever refuse to see a patient?
A. 111
A. 110
Q And we discussed the age of his
A I have never refused to see a parents.
patient on a stretcher.
Q Does the name Joe Lewis Simmons [16]
recall any particular incident to
your mind? Would you open to Document No. 496?
A Simmons? A Yes, sir.
Q Simmons, Joe Lewis Simmons? Q That is a letter from Mr. Donaldson's
' parents, is it not?
A No, sir, but I remember the name,
but I don't recall the patient. A Yes.
Q And you do not recall refusing Q And you answered that letter,
to see him when he was brought to didn't you?
you on a stretcher?
A I did.
A I do not recall it, no sir.
Q Doesn't the letter state that Mr.
MR. MAHORNER: Donaldson's age, that is, the Senior
Mr. Donaldson's age was 85?
Your Honor , the question was worded
as a statement that the man was brought A Yes, sir.
and I object on that basis.
Q And you received this letter the
THE COURT: day after you wrote to Helping Hands,
;, didn't you, saying that he would only
The objection is over-ruled. be released to his parents?
MR. DUBOSE: A In Helping Hands, this letter was
written at this time, yes, sir.
Q Now, we have been talking about
release to Mr. Donaldson's parents, Q Right. Now, when you wrote back
and the release that required the to his parents on July 25 or June 25,
consent of his parents? why didn't you mention that Helping
Hands had requested to have Mr. Donaldson
A Yes, sir.
A. 112
released?
A There is correspondence here that
I could not--there is a correspondence
further down--that there was corres-
pondence going between the Superintendent.
There is a letter to Doctor Stallings,
Mr. Stallings, in Jacksonville, here.
At the same time in 1963 there was
correspondence being carried by the
Superintendent and a Helping Hands
to have the patient released.
Q I am asking you why on June 25 you
didn't tell the parents that this was
being done if parental permission was
going to eventually be required?
(17)
A I don't think it was my position to
do that. The permission, if it was
to be requested in the final decision,
on that would have been the Super-
intendent.
Q You didn't think it was worth
mentioning to the parents?
A I thought that it could have been
worth mentioning, yes, sir, but I
was not the one to make the decision
on it.
Q But the parents would have to
make a decision about releasing Mr.
Donaldson, wouldnt they?
A. 113
A I presume he did.
Q That showed he was pretty competent,
didn't it?
A He was pretty --
Q Competent. He could do things with
his hands?
A Well, manual things, I presume he
could have.
Q So he probably could have earned
a living if he had gone out of the
hospital?
A I guess so, yes, sir.
[38]
Q What is custodial care?
A Custodial care is when the patient
mostly does not receive medication and
he receives other types and forms of
therapy, but usually it is not when
he does not receive any treatment at
all.
Q Now, will custodial care help a
paranoid schizophrenic?
A Sir?
Q Will custodial care help a paranoid
schizophrenic?
A. 114
A No, sir. Paranoid schizophrenics
require medication.
Q Then why --
A And other forms of therapy.
Q Then why did you order that Mr.
Donaldson in a number of progress
notes you say continue custodial care?
A Out of the 53 notes it is written
in there into the chart, custodial
care is mentioned into the first note
because, and I put that in there
because the patient was not receiving
any medication at that time. He
refused medication and the other two
times I usually place this custodial
care is because of the patient refused
medication.
Q Well, all I wanted to know is why
did you order custodial care if you
knew it wouldn't do any good?
THE COURT:
[39]
He just got through telling you
twice.
How many times are you going to ask
him the question? Move on.
A. 115
MR. DUBOSE:
Q What therapy did Mr. Donaldson
receive?
A Mr. Donaldson, because he refused
his medication and he also refused
a few times individual and group
therapy, his treatment was mostly
milieu therapy which included recrea-
tional therapy, religious therapy,
music therapy and other activities
that the hospital could provide.
Q What does recreational therapy
consist of?
A Dancing, pleying instruments.
Q Hobbies?
A Sir?
Q Hobbies, amusements, a movie
occasionally?
A A movie, yes, sir.
Q What did musical therapy consist
of?
A Well, they went to the dances and
I think some of the patients were
occupied in learning how to play instru-
ments or play with the band. They had
their own band.
Q What did religious therapy consist of?
A. 116
A. 117
A Activities in church and the pastor
and the preacher visited them at the
hospital.
A He escaped. They had him in the agri-
cultural department as far as I can
remember and he escaped from them and
then he returned back and then he was
assigned to the dining room area, I
believe.
Q In other words, the therapy he
received was to be able to go to
movies, to be able to go to dances
and to be Q But did he after that work on the
ward, itself? He was on a closed ward,
[40] was he not?
A He did at times, Kenneth helped
able to go to church? elderly patients, yes, sir.
A That is what the hospital records -- Q And I think at one point stopped
Q He could have received those on the doing any work on the wards?
: '
outside, couldn't he? A As far as I could recall, he did.
A He could but he could also receive
other forms of therapy on the outside,
too.
Q And did you talk to him about that?
A No, sir, but I don't recall.
Q To turn back to these progress notes
for a moment, weren't most of these
progress notes, which record contact you
have with the plaintiff, weren't most
of those of an administrative nature?
Q Well, wouldn't that have been
an impor’ant point to talk to him?
Didn't the fact that he had stopped
working
A No, sir. [42]
Q Then most of them were of a therapeutic
nature? Signify that he was giving up?
A We usually do not try to force the
patients to work that I know it would
have been of therapeutic value to him
if he continued working, but on the
other hand, we do not try to force
A Therapeutic and diagnostic nature.
Q I turn to your deposition, page 5l,
lines five through eight.
A. 119
A. 118
Q Why did you decide not to give him one?
the patients to work.
43
Q But you didn't taik to him to find 143}
out why he had quit? A Let me read my notes first. That
ote is on the bottom of the page.
A No, sir, I did not talk to him " pag
but I don't recall talking to him
The ry bott of page 65?
but I don't recall. Q very om pag
A Oh, 65? Is that 1962? What is
Q Now, while Mr. Donaldson was in the date on the note?
Department A he never had grounds
privileges, did he? Q That is the very bottom, 7/11,'6?
A Correct. A 7/11/62?
Q Why not? Q Let me read it to you in its
a ; entirety if you cannot find it.
A He didn't have the grounds privileges Patient states that other patients
because I consulted the superintendent called him a homo and called his
and he advised me not to give any and family bad names, asked for pri-
there was a history that he ran away | vilege care, request denied.
once.
; A Yes.
Q Now, in the progress note --
Why did you deny that card?
What page is that on? Q Y you Y
A
A I thought that Mr. Donaldson at that
Q 11/62. particular time in 1962 Mr. Donaldson,
a between 1962 and 1963, was really upset.
What page?
Q He was really upset?
The very bottom of page 65. It says
asked for privilege grounds and request A Yes, sir.
denied.
Q And it was necessary to keep him on
A Correct that I consulted Doctor a locked ward?
O'Connor and we decided not to give
him one.
A. 120
A That is correct.
Q And this was a decision you reached
on your own without consulting Doctor
O'Connor?
A I probably did, yes, sir.
Q And you thought this was of therapeutic
value?
[44]
A It wasn't a matter of therapeutic
value, but it was a matter that the
patient was delusional at that parti-
cular time. He wrote numerous letters
at that particular time to various
persons expressing that he was poisoned,
chemicals were placed in his body and
other --
Q And because he wrote the letter he
had to stay on the ward?
A Psychotic patients do stay on the
ward, yes, sir, but we try to keep them
on until a remission is produced to
release him or put to them on the out-
side.
Q While Mr. Donaldson was on the ward,
did you ever observe him to be in any
way physically dangerous, violent,
agressive?
A No, sir.
A. 121
Q So he wasn't a dangerous person?
A I wouldn't say he was dangerous. I
cannot say what he would have done on
theoutside but whilehe was in the
hospital he never showed any homicidal
tendencies.
Q And is there anything into the
hospital record that indicated on
the outside that he was --
A Well, the commitment papers state
that the patient was potentially dangerous,
if I am not mistaken, because of his
delusions.
Q But that is the only evidence that
you have?
A As far as I could remember.
[45]
MR. DUBOSE:
May I have a moment, Your Honor?
THE COURT:
Yes, sir.
MR. DUBOSE:
Now, what good did you think further
hospitalization would do for the plaintiff?
A. 122
TESTIMONY OF DR. JOHN GUMANIS--Cross Examination
[61]
Q When was the last time that you acted
as attending physician to Mr. Donaldson?
A March of 1967.
Q Did you see him in a medical capacity
after that as to staff or anything?
A I saw him at the staff during 1968.
Q O.K., then after 1967 was 1968 that
one time in staff in 1968 the only time
that you saw him in a medical capacity?
A Yes, sir.
Q Did the defendant ever refuse to go
to a trial visit in your presence or
decline to take a trial visit?
A He declined a few times, yes sir.
THE COURT:
Are you talking about Mr. Donaldson?
MR. MAHORNER:
Q I apologize to the Court and the jury.
Mr. Donaldson.
A Mr. Donaldson refused numerous
times saying he either didn't want
to, he couldn't get along with his
parents, or that he will consult and
his lawyer and later on it was that he
wanted to consult Mr. Stallings.
A. 123
danger, but who needed treatment?
A Correct.
Q What is the primary method of
treating a disorder
[66]
of the nature that Mr. Donaldson had
suffered under?
A Well, in the past it was electro-
convulsive treatments which he received
at the Marcy State Hospital, but later
on with the medication it was milieu
therapy, medication, group therapy and
psychotherapy.
Q Why wasn't Mr. Donaldson given
medication?
A He wasn't given medication because
during my first interview he told me
that he belonged to the Christian Science
group, and that he told me not to force
medication on him, so I respected his
religious beliefs.
Q Did Mr. Donaldson ever speak to you
as to the Representative Stallings?
A Did he speak to me about Mr. Stallings?
Q Yes.
A Yes, sir, he did.
A. 124
What did he state to you at any time
specifically as to whether Mr. Stallings
represented him as his lawyer, or do
you recall?
A I think he told me once that he was
his lawyer.
Q Now, as to -- it has been brought
out, Mr. Donaldson has three children.
A Four.
Q Are you married?
A Yes, sir.
Q Do you have any children?
A I have two children, ages 4 and 2.
MR. MAHORNER:
I have no further questions.
REDIRECT EXAMINATION
MR. DUBOSE:
Q Just a couple short redirect questions.
When did Mr. Donaldson refuse to go
on trial
visits?
A He refused to go on trial visits as
he told me again he couldn't get along
with his parents.
THE COURT:
The question was when.
MR. DUBOSE:
Q The question was when. When did he
refuse?
A When?
Q Yes, sir.
A I think it was about 1964.
Q Did you record that in his progress
notes?
A I don't recall, but I think there is
a letter somewhere. I don't remember.
Q Did you communicate at all with his
parents concerning the trial visits?
A No, sir. No, sir.
Q When did Mr. Donaldson refuse vocational
rehabilitation?
A. 126
A In 1967.
Q Did you record that in the progress
notes?
A I don't recall. It is five years
now, but it might be in the record, but
I don't recall.
Q Would you just take a look? It is
right in front of you, page 67, I believe,
or page 66.
A Just a minute. The note on 1/20/67
says when
[69]
asked if he wishes to believe by receiving
help from the vocational rehabilitation
service, he stated that Mr. Stollings
will have to be present and he will and
will be with him at staff.
MR. DUBOSE:
No further questions.
THE COURT:
You can step down, sir.
(Witness excused)
THE COURT:
Proceed.
A. 127
READING OF INTERROGATORIES TO DR. O'CONNOR
[82]
Set 1, number 38-A, do you have, one,
personal knowledge or two, second-hand
knowledge of any occasions during
plaintiff's hospitalization when plaintiff
committed or threatened to commit any
act that was or would have been physically
dangerous to himself or to others? No.
Set 2, number 8. During the period
of March 30, 1957 to May 18, 1959, was
plaintiff in any way a management problem?
If so, explain each such instance in
detail. If not, explain why plaintiff
did not have grounds privileges during
this period? Plaintiff did escape from
the hospital once but as far as I know,
plaintiff was not harming anyone else.
In the opinion of plaintiff's attending
physician, he apparently thought
plaintiff was too delusional to make
an adjustment outside of the hospital.
A. 128
[84]
Set 3, number 40-A, did plaintiff ever
cause injury of any sort to any person
because of his delusions? I do not know.
I have no recollection of such having
occurred.
Set 3, number 60-A, had the plaintiff
ever been arrested prior to his commitment
to Florida State Hospital? I do not know.
The committing judge would probably know.
Set 3, C, had plaintiff ever been
convicted of any crime prior to his
commitment to Florida State Hospital.
I could not be certain. To my knowledge
and recollection, no.
Set 3, 22-A, in a handwriten note to
Doctor Gumanis dated 4/2/64, you wrote
that “all paranoids can be plausible
to gain a point -- but once out of
hospital they resume their attacks on
society and their annoyance of all
authority. Did you write that note?
Yes, sir.
Set 3, 22-B, state each attack on
society which
(85)
plaintiff would have made if released
on April 2, 1964. I could not know
Since he was not released. In my opinion,
persons suffering from these disorders
generally attack society verbally.
A. 129
Set 3, 22-G, how would plaintiff have
annoyed authority if he had been released
on April 2, 1964? I am not able to
conject it because he was not released
on that date.
Set 3, 22-H, how had plaintiff annoyed
authority prior to his commitment to
Florida State Hospital? It was the
understanding of the staff at the hospital
that he had annoyed authority prior to
entering the hospital for reasons given
by the committing report for his entering
Florida State Hospital. I do not know
other than I believe the staff thought
he had annoyed authority.
Set 3, 22-I, state every place in
plaintiff's hospital record which records
plaintiff's annoyance of authority. I
cannot locate such, but people with the
diagnosis assumed in this case can
generally be expected to continue
paranoid behavior.
Set 3, 35-D, under what circumstances
would plaintiff have been released from
Florida State Hospital? Whenever the
staff of the hospital had reached the
conclusion that he would make a success-
ful adjustment outside the institution.
[86]
Set 3, 12-A, a letter dated May 30,
1957, that you dictated states that
plaintiff would be unable to adjust
well outside of an institution. Explain
precisely what "unable to adjust well” meant.
A. 130
Unable to make a living, unable to get
along well with other people, unable to
live outside an institution.
Set 3, 12-B, if plaintiff had been
released from Florida State Hospital on
May 30, 1957, what would have happened
to him? I cannot conjecture about an
event that did not happen.
Set 3, 12-C, state the evidence on which
you base your answer to 10-B. Since he
was not released on that date, I do not
know what would have happened to him.
Set 3, 29-A, for what purpose was
plaintiff retained at Florida State Hospital?
He was retained until the staff of the
hospital was convinced that he could make
a successful adjustment outside the hospital
and in hopes some day he would evidence
that such would occur. He was retained
in order to receive the care necessary for
him to make this adjustment.
Set 3, 13-A, a letter dated May ll,
1957, which you dictated stated the
plaintiff needed "further hospitalization
before considering his release."
What good did you then feel that
further hospitalization was due plaintiff?
The staff of the hospital
(87)
hoped that the plaintiff could be persuaded
to accept medication in order to determine
whether this procedure would be beneficial.
A. 131
Based on the information available to me
the plaintiff's record as to patient's
mental condition, I was concluding that
he required further evaluation and treat-
ment before it could be determined that
he could function outside an institution.
Set 3, 13-F, what would have happened
to plaintiff if he had been released on
May 11, 1957? That was uncertain, but
it was considered unfair to the patient
to release him unless he was under suitable
supervision.
Set 3, 13-G, state the evidence on
which you concluded that plaintiff could
not be released without further hospitaliza-
tion. The opinion of the staff after
going over the patient's case was that it
would not be wise to release him at that
time, and see answer to 13-A.
Set 3, 37-A, in the post-staff dictation
following the conference of January 21,
1964, you are quoted as saying that
plaintiff was "considered to be dangerous
to others."
Is this quotation accurate? I am
summing up the consensus of opinion
expressed by others on the staff before
me, not one of which believed that he
should be released at that time. That
is my statement of the staff's opinion
and
(88)
that of Doctor Franklin Calhoun, the
A. 132
psychologist from Jacksonville who
examined the patient.
Set 3, 37-B, state the manner in which
plaintiff was dangerous to others. This
was the consensus of opinion of staff of
the hospital who had just had the patient
before staff, and I do not know the specifics
that went into that conclusion.
Did you dictate a letter to Honorable
George Stallings, Jr., dated January 9,
1964? Yes, sir.
That document is number 526 and 527 for
the record.
Set 3, 39-C, does this letter report
the opinions of a staff conference at
which you were present? Yes.
Set 3, 39-D, on the second page of the
letter referred to in 39-A, you wrote that
the staff felt that plaintiff was "incapable
of attending to his affairs outside of an
institution without constant interference
with others by his demands and allegations
against them." On what evidence did the
staff base its conclusion? I do not know
how any individual other than myself arrived
at conclusions, any conclusions I reached
were based on the opinion of the staff an
evidenced in the record.
Set 3, 39-E, what form would plaintiff's
constant interference with other have taken
if he had been
[89]
released on January 9, 1964? I have no
A. 133
knowledge since it did not occur. It is
just a matter of general opinion that a
paranoid individual is one who bothers other
people because he does not believe he is
sick and his mission in life is to vindicate
himself.
Set 3, 39-G, you also wrote in the
letter referred to in 39-A that plaintiff
might "present some degree of danger to
Others." On what evidence was this
conclusion based? Opinion of the staff
of the hospital. This conslusion was
based on the opinion of the staff and of
the psychologist from Jacksonville,
Doctor Calhoun.
Set 3, 39-I, how would this danger have
manifested itself? I do not know other
than what the staff or Doctor Calhoun might
have mentioned, which I do not now recall.
MR. DUBOSE:
I think that was incorrect. That was the
answer to 39-H you read. I will repeat
the question. How would this danger have
manifested itself? Since it did not occur,
it would be difficult to state in what
particular direction plaintiff might
injure himself. It was the opinion of
the staff that anyone with his disorder
could potentially be dangerous to others.
I do not now know.
Set 3, 39-J, how likely would this
danger to manifest itself if plaintiff
had been released on January 9,
A. 134
[90]
1964? I know of no way to evaluate such
a question, and therefore, do not know as
the conclusion was based on the opinion
of others.
Set 2, 11-Q, the letter of June 17,
1963, this document number 495, states
plaintiff's appearance were “the ones
who are legally responsible for him."
Explain what legal responsibility meant.
Cite all statutes that so place the legal
responsibility. Patients committed to
the Florida State Hospital at that time
had designated on commitment papers whom
the responsible relatives were.
Set 3, number 26-E, if plaintiff had
been released to Helping Hands, on June
17, 1963, what would have happened? I
do not know since such event did not take
place.
Set 3, 26-F, would Helping Hands, Inc.
have supervised plaintiff inadequately?
I do not know. It was the opinion of the
staff that the patient would require more
supervision than would be expected of an
Organization. Apparently this was the
Opinion of the attending physician.
Set 3, 26-I, what did you know about
Helping Hands, Inc. when the letter of
June 17, 1963 was written? Nothing.
Set 3, 26-J, what attempts did you
make to discover the professional reputation
A. 135
of Helping Hands, Inc.? It was not my
responsibility, therefore, none that I
recall.
(91)
Set 3, 27-A, why did the letter of June
17, 1963, to Henry Cantwell state thai
plaintiff would only be released to his
parents and not to any third party? Rules
of the hospital state that patients are to
be released only to their nearest relative
who presumably would be willing to spend
the time and money necessary to provide
the patient with psychiatric care he
required.
Set 3, 69-A, plaintiff's hospital
record indicates that on March 3, 1964,
he requested $100.00 of his funds be sent
to his daughter so that she could come to
the hospital and escort him to a half-way
house in Minnesota. The record further
indicates that after consultation with
you the money was not sent. Is the money
accurate? I presume the money was accurate.
Set 3, 41-A, did you write a hand-written
note to Doctor Gumanis dated 7/6/64,
presently in plaintiff's hospital record
in which you state John H. Lembcke "must
not be well to want to get involved with
someone like this patient." Yes.
That is document number 538 for the
record.
Set 3, 41-B, was it your opinion as of
that date that Mr. Lembcke was not a man
of sound judgment? This is an off-hand
A. 136
remark made by one doctor to another
doctor regarding a situation that had
arisen calling for a decision to be
made.
(92]
What I meant was that the man must
not have good judgment in light of the
fact that the visiting psychologist
considered plaintiff to be dangerous.
Mr. Lembcke had been acquainted, I
presume by the staff with the condition
of the patient.
Set 3, 41-D, was it your opinion as
of that date that Mr. Lembcke was
mentally ill? I had never met Mr.
Lembcke. I had no opinion as to his
own degree of sanity, but I only expressed
an opinion to a doctor on the staff.
Set 3, 41-F, in the note referred to
in 41-A, you recommended that Mr. Lembcke's
request to have plaintiff released in his
care be turned down. Why did you say
recommend? Because there are some proce-
dures that have to be gone through before
any decision is made regarding any patient
released from Florida State Hospital, and
particularly any patient who had what we
considered a serious mental disorder.
We do not believe some eight years ago
when in the course of a normal days general
business that it was the proper procedure
to tell Mr. Lembcke that he could take
the patient out of the hospital. Mr. Lembcke
had to be investigated by the Social Service
Department.
A. 137
We had to have the permission of
relatives and we had to have the staff's
Opinion that the patient was ready to be
let out.
[93]
As I recall, the procedures were not
carried out.
Set 3, 42-A, did you write a hand-
written note to Doctor Gumanis dated
11/25/64 recommending a negative answer
to Mr. Lembcke's letter of November 23,
1964? Yes, sir.
Set 2, 36, in this note you also
used as reasons for denying Mr. Lembcke's
request the necessity for parental consent
and knowledge about Mr. Lembcke.
Why did you deny Mr. Lembcke's request
rather than tell him that parental consent
was necessary? Why did you deny his
request rather than to ask Mr. Lembcke to
Supply more information about himself?
I have no recollection.
In the note you write, "“etc., etc.,"
after the reasons given for denying Mr.
Lembcke's request. State all other
reasons for denying Mr. Lembcke's request.
I have no recollection.
Set 3, 42-E, what was tle relationship
between plaintiff and Mr. Lembcke? I do
not know.
Set 2, 24, state in detail what
transpired during your interview with John
A. 138
Lembcke when he visited Florida State
Hospital in Chattahoochee in May of
1966? To the best of my knowledge,
Mr. Lembcke did not have an interview
with me.
Set 1, 31-A, is it true that at a
staff con-
[94]
ference held on March 21, 1968, the
conference recommended releasing plaintiff
on conditional release for out-of-state
discharge on certain conditions, including
parental approval could be met. The
medical report contains this information.
If so, was the decision not to follow
said recommendation by you? No. This
decision would have to have been made,
if indeed it was made, by the clinical
director. I made a statement in a memo
that it appeared that Mr. Lembcke, an
individual who was seeking custody of
Donaldson, would not properly supervise
the patient. My opinion was not a
final decision on this matter.
Set 3, 43-A, did you write a hand-
written note to Doctor Hanenson dated
6/17/68, contained in plaintiff's hospital
record? Yes.
Set 3, 43-B, that notes states that
"the record will show, I believe, we have
been through this before and decided Mr.
Lembcke would not properly supervise
this patient."
A. 139
What was the date of the prior decision
that Mr. Lembcke would not properly su, r-
vise plaintiff? I do not recall.
Set 3, 43-K, name all doctors at
Florida State Hospital other than yourself
who felt that Mr. Lembcke would not
properly supervise plaintiff if plaintiff
were released in his care? I have no
recollection of the names of such doctors,
since it refers to a period of about 10
years ago.
A. 140
MOTION FOR DIRECTED VERDICT
(97]
MR. MAHORNER:
If Your Honor please, we would respectfully
move for a directed verdict at this time
on the basis that the evidence before the
Court conclusively shows not necessarily
that Mr. Donaldson was dangerous, but it
does, from a directed verdict standpoint,
show substantially he was in fact sick,
or there was a reasonable belief to
believe that he was sick.
The law at that time prior to the
passage of the Baker Act in the last
year provided for the institutionalization
of both the sick and the dangerous and
it was a conjunctive requirement and we
submit that the later change in the law
or even if that law now be held uncon-
stitutional should
[98]
not be foundation for a many judgment
against the defendants who were only
proceeding in a manner that was
specifically authorized.
We respectfully say to the Court that
under color of law as provided in the
Civil Rights Act does not mean the same
thing as acting as required by law, and
if you are required by law to so hold,
then we suggest that there is no case.
THE COURT:
That motion will be denied. Call the
jury back in.
A. 141
TESTIMONY OF DR. F. G. WALLS--Cross Examination
{118)
A Very Well. I am having difficulty
finding it.
Q Well, I will show you my copy, sir,
so you can read from it.
A §42. I have it now. I have the copy,
June 2nd.
Q Alright, now, you asked to answer some
questions at that time and I call to your
attention question number two which was
asked of you.
The question was, “is Mr. Donaldson
a danger to himself or to society?"
Your answer was, "Mr. Donaldson, so
far as one can make out, has not proved
himself to be a physically agressive
individual in this hospital who in
the usual sense of the question as we
understood it could be considered
dangerous.”
A That is correct.
Q And it is still your opinion that Mr.
Donaldson is not a physically dangerous
person?
A I cannot answer that.
Q Was it your opinion at the time you
answered this letter?
A Yes, sir.
A. 142
Q I call your attention to the fourth
question, the question was, “what
treatment does he preseritly receive?"
And was your answer not, and I quote,
"the only treatment this patie receives
is that of what is
[119]
broadly known as milieu therapy, which
in the main means that he is in a totally
protected environment where his every
needs are taken care of and where if he
becomes physically ill, medical attention
is at hand."
A Yes.
Q And I believe you testified in your
deposition that by milieu therapy, that
phrase milieu therapy means the same
thing today as the phrase custodial
care used to mean, is that correct?
A I don't know.
Q Is that your understanding?
A I don't recall testifying to that.
Q You don't?
A No.
Q On page 165 of your deposition --
THE COURT:
First, is there any difference?
A. 143
THE WITNESS:
No, I don't thirk there is a great
difference, Your Honor, but I think
it is a play on words.
MR. ENNIS:
Q Page 165 of your deposition when you
were asked to explain briefly what
milieu therapy means, did you not answer
"custodial care is what we now call
milieu therapy"?
[120]
A Yes, sir, if you say so, I said that.
Q I believe Mr. Mahorner asked you
something about your qualifications.
A Yes.
Q And I wasn't quite clear of the answer.
You are not licensed to engage in private
practice of medicine in the State of
Florida, are you?
A No, sir.
Q You could not treat psychiatric patients
On an out-patient basis in the State of
Florida?
A No, sir.
Q We referred a minute ago to the deposition.
That was the deposition that was taken appro-
ximately two weeks after Mr. Donaldson was
A. 144
was discharged as having regained
competency, is that correct?
A Tnat was exactly 13 days.
Q And before your deposition Mr.
Donaldson was deposed, is that correct?
A Yes, sir.
Q And, you were present and heard the
answers he gave at that time?
A Possibly ten to fifteen minutes or
maybe half an hour.
Q Now, was it your opinion at that time
two weeks after his discharge that he was
in worse mental condition
A. 145
TESTIMONY OF DR. CLARK ADAIR--Direct Examination
[137]
Q Does institutionalization, itself,
can that help in the cure of paranoid
schizophrenic conditions?
A It is a matter of opinion. I feel
that proper institutionalization and the
proper kind of institution does have
benefits, treatment benefits. By proper
I mean that there is a good mileau which
is really a treatment in itself yes, I
think in cases, many, many cases are
important that institutionalization itself
seems to help the patient.
A Do you know from your notes if the
patient refused electro-shock treatments?
[138]
A Do I know if this patient did?
Q Yes.
A I recall that he didn't want to accept
treatment but I think -- I don't know if
he refused it. From my notes I suggested
that I hac very little intent if I had
any intent of using shock treatment.
I mentioned in my notes that that was --
that would be routine in the case that I
considered as ill as he was, but I don't
think it was particularly indicated and
he may have refused.
I probably wouldn't have given it to
him anyhow, whether he refused it or not,
under any conditions.
A. 146
I think in my notes I mentioned that
if there was an episode that I might like
to have permission to use it, but other-
wise, I wouldn't.
A. 147
TESTIMONY OF DR. W. D. RODGERS--Direct Examination
[147]
MR. MAHORNER:
Q What is the primary method of treatment
used for paranoid schizophrenia?
A Mr. Mahorner, I don't think there is
any primary method of treatment. It
depends a great deal on the individual
patient, his needs, the degree of illness,
electro-shock treatment is used, and back
earlier, insulin and metrosol was used,
group therapy, your activity therapy,
various forms of treatment of this sort,
a combination of treatment.
Q Is cheno therapy used?
A Yes, sir.
Q How much money is spent at the hospital
in Chattahoochee on drugs for chemical
therapy?
A Mr. Mahorner, I couldn't answer directly,
without referring to the records. Medical
drugs and medical supplies would be
somewhere in the neighborhood of, I would
say roughly about $300,000.00 a month.
[148]
Q $300,000.00 a month?
A Yes.
Q For just Chattahoochee?
A. 148
A Yes, sir. This is a rough estimate.
Wait a minute, I beg your pardon, but I
didn't mean a month. A year.
Q What was your last year's as heed of
the hospital at Chattahoochee?
A I was relieved of the responsibility
of the superintendent's position in 1963.
I have been serving in a dual capacity
from 1957 to 1963. I had been superintendent
from 1950 until the appointment of a
Division Director and then continued on
in both positions until 1963.
Q Now, while you were there did you have
on an involuntary basis, patients that
needed mental treatment, but who had not
been specifically diagnoses as dangerous?
A Would you repeat the question?
Q Did you have on an involuntary basis,
patients who needed mental treatment but
who had not been specifically diagnoses as
dangerous?
A Oh, yes, certainly, and the diagnosis
of the patient as dangerous or non-dangerous
might enter into whether he was released
at a certain time, either on discharge
or trial visits, but many patients came
to the institution both on involuntary
admission and voluntary admission status
that
[149]
was in need of treatment and during certain
times of their illness they would express
a great deal of hostility in their delusion
thinking and so forth, and at one time
reacting to these as you might have a person
who might be considered dangerous at a
given time and not at another, or after
following treatment.
Q I draw your -- I want you to look at --
do you recall ever going to a staffing
for Mr. Donaldson?
A Yes, sir, I looked at the records,
but I don't remember the occasion, but
in 1962 apparently, I did set in on
a staff conference at this time.
During that period of time while I
was serving in a dual capacity when other
duties would allow it I would visit certain
areas of the hospital and set in on staff
conferences and so forth, but this was
not, you know, a regular thing because
of ather requirements and responsibilities.
Q Do you remember what your opinion was
at staff in 1962?
A According to the staff records I
agreed with the diagnosis and recommendation
that Mr. Donaldson, you know, should continue
treatment.
Q Now, if the hospital had a patient who
was clearly not dangerous but let's say
needed treatment because he was incompetent
to handle his own affairs, would you keep
A. 150
[150]
him there on a voluntary basis?
A On a voluntary basis.
Q Let me correct that, on an involuntary
basis. This was back then. I am not
talking about now.
A We have always had in effect there a
procedure for releasing a patient on a
trial visit. It was known as a trial
visit. This was a decision made by the
treating psychiatrist.
He can release the patient to family,
guardian or to some responsible person
who would assure the hospital of adequate
care and supervision of the patient.
A large number of patients went out
under the trial visit arrangement. Some
were for short periods of stay and others
remained out for a full year and then was
discharged at the end of the year by
virtue of being absent one year on a trial
visit and the assurance that the patient
was making satisfactory adjustment.
Persons taking patients out were
supposed to report to the hospital every
thirty days in writing as to the adjust-
ment the patient was making.
Q Was it customary on a trial visit
to have a person come down to the hospital
to be seen by the physicians on a trial visit
a person who was taking over the patient,
would he be required generally to come down
to the hospital?
A. 151
A Oh, yes, always the person signing
the trial
[151]
visit certificate would come to the hospital
and recieve the patient.
Now, in a few instances the blanks would
be mailed to an individual and they would
sign them and then send another person
to actually bring the patient home, but
in a majority of the cases, the individual
taking the responsibility would come to
the hospital and sign the trial visit.
Q Is it possible for a patient to need
intensive treatment and yet not be
dangerous?
A Well, certainly.
Q And where that type of treatment was
needed you would keep them in the hospital
on an involuntary basis?
A If treatment was needed and there was
no -- it couldn't be provided elsewhere,
either by arrangement with a private
facility or in the ccmmunity and treatment
was needed, yes.
Q What was the procedure used as far as
trial visits in relation to yourself as
superintendent? Did you approve those visits?
A No, this was -- the attending physician
had the authority to grant a release on a
trial visit.
1s.
A. 152
TESTIMONY OF DR. JESUS S. RODRIGUEZ--Direct Examination
[167]
Q Did you propose group therapy and
chemotherapy?
A Oh, sure.
Q And each time the patient refused? TRANSCRIPT OF PROCEEDINGS
A Refused. He said he needed to talk 11/28/72
with his lawyer. I don't know how to
pronounce it.
Q Birnbaum?
A That is right.
Q Did the patient ever refuse a release
in your presence?
A Well, the only way to release a patient
is through the staff or a trial visit,
but he refused trial visits. He said he
wanted to go to a Court and also I talked
with Doctor Paizer at that time who was
a professor from the State University here
in Tallahassee who was doing a research
at that time and I say if he want to take
this patient and git“ group therapy, but
the patient refused.
Q Refused group therapy?
A Yes.
A. 153
PROCEEDINGS
November 28, 1972
[13]
(The following is the deposition of
J. B. O'Connor, M.D., on written inter-
rogatories, and was read to the Jury as
follows: )
Q “Describe your professional qualifi-
cations, your professional education,
training and experience.”
A I graduated as a Doctor of Medicine
in June, 1935 from the University of
Georgia Medical College at Augusta,
and then had a two-year rotating intern-
ship at the Duval County Hospital in
Jacksonville. And then joined the staff
of the Florida State Hospital in July,
1937. And then entered the United States
Army in August, 1942, from which I was
discharged in February, 1946.
I attended the School of Military
Neuropsychiatry in the Spring of 1943 at
Lawson General
[14]
Hospital in Atlanta and then was appoint-
ed Chief of the Neuropsychiatric Section
of the 262nd Station Hospital, which
shortly sailed for North Africa and Italy.
A. 154
Upon eventual release from the Army,
I rejoined the staff of the Florida State
Hospital in 1946 and remained until I
entered partnership in 1949 with Doctor
William H. McCullough in Jacksonville
in the practice of psychiatry.
Because of the strenuous nature of
this practice, I discovered I had
hypertension on a life insurance examin-
ation and deternined that I had to have a
more relaxing type of practice and there-
upon retired to the Florida State
Hospital on the staff.
This was found to be, however, not
as relaxing as I had hoped, but rather
even more exacting of my health.
I remained at the Florida State
Hospital, gradually being promoted to
Assistant Clinical Director, then to
Clinical Director, and eventually to
Superintendent, which last promotion
took place in, I believe, July of 1963.
I remained as Superintendent until my
retirement for the above-mentioned
medical reasons, as of February 1, 1971.
Q “Approximately what date did your
period of employment at Florida State
Hospital begin?"
A Approximately July, 1937.
Q “What date did you retire?"
A. 155
[15]
A As of February l, 1971.
Q “Was your employment between those two
dates continuous?"
A No. It was interrupted by at least three
and a half years by service in the United
States Army during the war and by at least
two years in private practice in partner-
ship with Doctor McCullough in Jacksonville
from 1949 to 1951.
Q "In what various capacities did you
serve at Florida State Hospital and give
the approximate dates?"
A I became a resident of the staff
July 5, 1937 and then was on leave to
the military service from September l,
1942 to about February, 1946, and returned
to the Florida State Hospital on that
last mentioned date and remained at
the hospital until joining Doctor
William H. McCullough in Jacksonville in
a partnership engaged in the practice
of psychiatry on March 15, 1949.
I returned to the hospital from the
last mentioned position again as a staff
physician April 1, 1951, and was promoted
to Assistant Clinica] Director November 19,
1952 and then to Clinical Director
July 1, 1959, and finally to Superintendent
July 30, 1963, and retired February l,
1971.
A. 156
Q “Describe generally your duties in
each capacity.”
A Initially at Florida State Hospital
my duties
[16]
were primarily checking histories and
physicals and prescribing therapy of
both the psychiatric and physical
needs of patients committed to the
Florida State Hospital.
My duties as Assistant Clinical
there were to carry out the directions
of the Superintendent and the Clinica.
Director as regards the care and
management of patients at the Florida
State Hospital.
My duties as Clinical Director were
of a similar nature to those just
mentioned, with the addition of con-
Siderably more responsibility attached
to my duties and considerably more
judgment required in determining how
such could best be effected.
As Superintendent I was in charge
of the whole Florida State Hospital,
including not only the care and main-
tenance of the patients, but also the
maintenance of the structures of the
hospital; the supervision of the new
construction that would occur from
A. 157
time to time, seeing that proper and
adequate supplies - both medical and
otherwise - were obtained at the
hospital and properly distributed;
the selection and guidance of the
medical and nursing and ancillary
staffs of the hospital; and considerable
interest attached to making recommendations
for appropriations and justification
for same; and, of course, the day-to-day
upkeep of the physical plant, which at
the Florida State Hospital amounts
practically to being an
[17]
independent city, supplying and main-
taining its own power and heating
and lighting and water and sewage
systems, and of course, the maintenance
of the structures, probably something
over 100 in all, that were on the hospital
grounds; and attempting to see that the
five or 6,000 usual number of patients
were given the best care that the small
staff cound furnish.
Q "Approximately what date did you
first meet Kenneth Donaldson?"
A I can't say that I recall the exact
date. It would be my assumption from
various references to his case that it
~~ been in the summer of 1957
or ,
Q What was the occasion of that meeting,
and describe it briefly.
A. 158
A I have no recollection of that parti-
cular meeting.
Q To the best of your recollection, what
subsequent meetings did you have with
Kenneth Donaldson?
A I cannot isolate and describe any
such meetings. It would just be my
assumption that it would be in reference
to some point being raised by his attend-
ing psychiatrist, and presumably took
place in the area of the hospital where
the patient resided.
Q Did you ever have occasion to meet and
talk with Kenneth Donaldson alone; that
is, without other members
[18]
of your staff present? If so, to the best
of your recollection, describe what took
place at each of those meetings.”
A I recall that one of his attending
psychiatrists was Doctor Hannonson, who
subsequently dies while on the staff of
the hospital, but I don't remember the
exact incident of the meeting. I do recall
that a clinical psychologist from
Jacksonville, whose name I think is Doctor
Calhoun, accompanied a Mr. Starling, a
Representative in the Legislature from
Duval County, who I believe visited the
hospital at the specific request of the
patient mentioned and was seen on that
occasion not only by the patient, but
by his attending psychiatrist, Doctor
A. 159
Gumanis, and the Chief Psychologist of
the hospital, Mr. Julian Davis, by myself
and Mr. Starling, and I think - though I
am not certain - that some other member
of the staff may have been present on
that occasion at this meeting in my office.
The patient himself, however, was seen
alone on this occasion by Doctor Calhoun
in the area of the hospital where the
patient normally resided.
Q "Did you ever have occasion to reprimand
Kenneth Donaldson, delivering such repri-
mand yourself, personally, or through
your staff in such a way that he would
know the reprimand was coming from you?
If so, describe the circumstances."
[19]
A I don't specifically recall any
reprimand.
Q "To the best of your recollection,
state the approximate date that you
were present at ‘General Staff' concerning
Kenneth Donaldson."
A I cannot recall such dates, but it
would be a matter of record in the »ratient's
file at the hospital.
Q "What occurred on these occasions?"
A It would be my belief that the same
occurred as occurred on the appearance of
any patient before the General Staff,
consisting of the patient's case being
presented by his attending psychiatrist,
A. 160
the patient being called in and being
interviewed by the members of the staff
present, and then by the patient's exit
and the secretary being called in to
take down the opinions of each of the
members present.
Q "To your knowledge and recollection,
was Kenneth Donaldson ever presented to
staff other than the above occasions in
which you were present?"
A It is my understanding that he had
been presented to staff on occasions when
I was not present.
Q “Was 'Staffing' of an individual
patient scheduled at regular intervals
or was the procedure each time initiated
on a need basis?"
A It was initiated by the patient's
attending psychiatrist in order to
determine what the consensus of
[20]
opinion of the staff was as to whether any
particular patient should be granted a
release from the hospital.
MR. MAHORNER:
I would like to approach the bench with
counsel a moment, Your Honor.
(Whereupon, the attorneys approached
the bench.)
MR. MAHORNER:
A. 161
Could you give me the last question,
Mr. Reporter, please?
(Whereupon, the Court Reporter read the
last question, as requested.)
BY MR. MAHORNER:
Q "If on a need basis, who would
determine the need and initiate the
proceedings?”
A The patient's attending psychiatrist.
Q "Were patients ever 'Staffed' at their
own request?”
A That has happened at the Florida State
Hospital, but would have to have the
concurrence of his attending psychiatrist
since he would be the one that would
present the case.
Q “If so, was Kenneth Donaldson ever
staffed at his own request?”
A I do not have any distinct recollection
that
[21]
this occurred, though it may have.
Q “Describe cenerally the staffing
procedure. Would all the doctors on the
Florida State Hospital be present?"
A Not invariably would all the doctors
be present.
A. 162
Q "How would the patient be presented?"
A I have described that previously,
consisting of the case being read and
discussed by the patient's attending
psychiatrist, but the patient himself
being brought into the room and questioned
in detail by each of the members of the
staff present.
Q "What was your individual function at
staffing?"
A I would invariably, when present,
which by no means was very often because
of my conflicting other duties at the
hospital, be the last to express my
opinion since I did not wish any of
the staff members to think that I was
putting any pressure upon them to agree
with my opinion.
Q “Why did you vote last, that is,
after the other staff voted?"
A I thought it was the fair thing to
do so they would not be intimidated by
any aura of authority being present.
Q "Could you, if you wished, overrule
the vote of the rest of your staff?"
[22}
A Possibly technically, but not practically,
because the purpose of the staff was to
obtain the consensus of opinion of the staff
of the hospital as to a particular case.
Q "If you could, did you ever do so? If
yes, describe the occasion, including those
A. 163
occasions involving patients other than
Kenneth Donaldson."
A I have no recollection of ever doing
so.
Q "To the best of your recollection and
knowledge, what were the procedures at
Florida State Hospital during the period
of your employment for release of patients
on trial visits?"
A The typical trial visit was handled
by the patient's attending psychiatrist,
since he had the most intimate knowledge
of a particular case than would other
members of the staff, and would most probably
have been also in touch with the patient's
relatives and perhaps Social Service.
Q "Were these procedures consistently
followed for all patients?"
A It is my belief that they were.
Q During the period of your employment at
Florida State Hospital do you recall
instances of patients, other than Kenneth
Donaldson, asserting that they were
wrongfully committed to Florida State
Hospital because of
[23]
insufficient Florida residency? If so,
how were these cases handled?"
A Yes.
Q "To the best of your recollection and
knowledge, during the term of Kenneth
A. 164
Donaldson's commitment at Fiorida State
Hospital, were any investigations or
efforts made by the staff of the hospital
regarding transfer of Kenneth Donaldson
to another state?”
A Yes.
Q “If so, describe these efforts and
name the other state or states to which
these efforts were directed."
A It is my recollection that the patient
himself early brought this possibility
to the attention of the hospital authorities
and I recall, I believe, that Doctor W. D.
Rogers, who was the Superintendent, took up
this matter with the New Jersey Hospital
system authorities and it is my understanding
he received a negative reply that this
patient was a resident of that state and
therefore eligible for hospitalization there.
Q "Was it your professional opinion during
the time trat Kenneth Donaldson was
hospitalized at Florida State Hospital that
such hospitalization was necessary?"
A It is my belief that this is a matter
that was determined by the committing
court and that the commitment was therefore
proper for the hospital to receive this
patient,
[24]
since it was understood that it was not
the duty of the Superintendent of the
hospital to question the right or wisdom
of a court in committing a patient, but
A. 165
rather to determine whether that patient
having once reached the hospital was
in such condition as to request that he
be considered for release from the hospital.
Q "Was there any time during Kenneth
Donaldson's hospitalization at Florida
State Hospital that you did not feel that
such hospitalization was necessary?"
A My concept of this case and of
practically every other case at the Florida
State Hospital was based upon the reports
made by those members of the medical
staff as to the condition of any particular
patient at any particular time, and from
all the information I had neither the
individual physician in care of this
case nor the colle
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