CourtListener 10304613•Peo in Interest of EME
Testo completo
24CA1914 Peo in Interest of EME 12-26-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA1914
Pueblo County District Court No. 24MH30074
Honorable Timothy O’Shea, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.M.E.,
Respondent-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE LUM
Freyre and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced December 26, 2024
Cynthia Mitchell, County Attorney, Kate H. Shafer, Special Assistant County
Attorney, Pueblo, Colorado, for Petitioner-Appellee
Tezak Law, P.C., Mary Tezak, Florence, Colorado, for Respondent-Appellant
¶1 E.M.E. appeals the district court’s order authorizing staff at
the Colorado Mental Health Hospital in Pueblo (the hospital) to
medicate him involuntarily. We affirm.
I. Background
¶2 E.M.E. was admitted to the hospital in August 2024 after
being found incompetent to proceed in a criminal case. The record
indicates that, when he arrived at the hospital, he was in a very
severe psychotic state. Specifically, he presented with severe
aggressive behavior, extreme agitation, paranoid and delusional
thought content, and impulsivity. During his first week at the
hospital, he repeatedly attempted to hit and bite hospital staff. His
combative and erratic behavior led hospital staff to detain him in
seclusion and restraints and give him emergency medications.
¶3 Later that month, the People filed a motion seeking
authorization to medicate E.M.E. involuntarily with the
antipsychotic medications Zyprexa, Thorazine, and Haldol, and the
mood-stabilizing medication Depakote. The district court granted
the motion.
¶4 E.M.E.’s psychiatrist at the hospital began treating him with
Zyprexa and Depakote on a scheduled basis, and Thorazine and
1
Haldol for instances of acute agitation. Although E.M.E. showed
some improvement on the medications in terms of requiring less
frequent seclusion and restraints, he continued to exhibit paranoia,
agitation, and aggressive behavior, and he remained on assault
precautions.
¶5 In October, the People filed the motion at issue seeking
authorization to medicate E.M.E. involuntarily with the
antipsychotic medication Clozaril, in addition to the four
medications listed above.
¶6 At the hearing on the motion, E.M.E.’s psychiatrist, who
testified as an expert in clinical psychiatry, described E.M.E.’s
symptoms and said that he had been diagnosed with an unspecified
mood disorder. The psychiatrist explained that E.M.E. had
continued to exhibit paranoia, agitation, and aggressive behavior
despite increasing his Zyprexa and Depakote to the highest
therapeutic level, and despite frequent use of “PRN” medications for
agitation and aggression.1 The psychiatrist testified that the
appropriate course was to start E.M.E. on Clozaril, while
1 The record suggests that the “PRN” medications were the
Thorazine and Haldol that the court had already approved.
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maintaining him on Depakote, which would hopefully allow him to
taper off Zyprexa and reduce his need for PRN medications.
¶7 During E.M.E.’s testimony, he denied having a mental illness
and testified that he did not need any medications and would not
take the medications without a court order. He further testified
that the medications were causing him side effects of muscle
fatigue, dry skin, and weight gain. He also testified that (1) his
father is Indigenous, specifically Inuit; (2) “we believe food is
medicine and massage”; and (3) his Inuit cultural beliefs precluded
him from taking medications. On cross-examination, he testified
that the medications were “too much,” that he did not want to take
scheduled medications, and that if he took a PRN he “would request
that it be substantially less.”
¶8 Following the testimony, the district court found that the
psychiatrist had testified credibly and persuasively, and it expressly
adopted the psychiatrist’s opinions. The court then examined each
of the four elements of the test from People v. Medina, 705 P.2d
961, 973 (Colo. 1985), concluded that all four elements were met,
and granted the petition.
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II. Applicable Law and Standard of Review
¶9 Under the Medina test,2 a district court may authorize the
involuntary administration of medication if the People demonstrate
by clear and convincing evidence that (1) the person is incompetent
to effectively participate in the treatment decision; (2) the treatment
is necessary to prevent a significant and likely long-term
deterioration in the person’s mental health condition or to
prevent the likelihood of the patient causing serious harm to
himself or others in the institution; (3) a less intrusive treatment
alternative is not available; and (4) the person’s need for treatment
is sufficiently compelling to override any bona fide and legitimate
interest of the person in refusing treatment. Id.
¶ 10 Application of the Medina test involves mixed questions of fact
and law. People v. Marquardt, 2016 CO 4, ¶ 8. We defer to the
2 A different test applies to petitions to administer involuntary
medication for the purpose of restoring competency. See People in
Interest of R.F., 2019 COA 110, ¶ 11 n.1. Although E.M.E. was
admitted to the hospital for that purpose, the parties do not
dispute — and we agree — that People v. Medina, 705 P.2d 961
(Colo. 1985), applies here because the purpose of the petition in
this case is to prevent E.M.E. from causing harm to others and to
prevent a significant and long-term deterioration in his mental
condition. R.F., ¶ 11 n.1.
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district court’s factual findings if they have record support, while we
review the court’s legal conclusions de novo. Id. Resolving conflicts
in testimony and determining the credibility of the witnesses are
solely within the province of the fact finder. People in Interest of
Ramsey, 2023 COA 95, ¶ 23.
¶ 11 We must determine whether the evidence, viewed as a whole
and in the light most favorable to the prevailing party, is sufficient
to support the district court’s order. People in Interest of R.K.L.,
2016 COA 84, ¶ 13. The testimony of the physician seeking to
administer treatment may be sufficient, without more, to satisfy the
Medina test. Id. at ¶ 30.
III. Analysis
¶ 12 E.M.E. concedes that the first, second, and third elements of
the Medina test were met. He only challenges the sufficiency of the
evidence regarding the fourth Medina element, specifically, that his
need for medications is sufficiently compelling to override any bona
fide and legitimate interest he has in refusing the medications.
¶ 13 Addressing E.M.E.’s interests in not taking the medications,
the district court said, “[E.M.E.] testified that he experiences muscle
fatigue and dry skin as side effects from the current medications.
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And, also, that he is of indigenous heritage, specifically Inuit. And
that in his culture, food and massage constitute medical
treatment . . . over pharmaceuticals.” The court then found that
these interests were not bona fide and legitimate, explaining as
follows: “[E.M.E.] also testified that he would take less medications
as PRN. So it’s not clear to the Court that his indigenous heritage,
his Inuit background, strictly prohibits pharmaceutical
medications . . . . So the Court cannot make a finding that his
reasons for refusal are bona fide and legitimate.”
¶ 14 The district court’s finding that E.M.E.’s interests were not
bona fide and legitimate is not sufficiently supported by the record
or the court’s statements explaining its finding. Notably, the court
did not make a specific credibility finding about E.M.E.’s testimony.
Also, the court appears to have employed some heightened
standard in implying that E.M.E.’s Inuit background must “strictly
prohibit[]” pharmaceutical medications for his cultural beliefs to be
considered a “bona fide and legitimate” interest. And finally, unlike
E.M.E.’s cultural beliefs, the court did not specifically address the
legitimacy of E.M.E.’s interest in avoiding the side effects he had
been experiencing from the medications.
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¶ 15 That being said, we discern no error in the court’s ultimate
conclusion that E.M.E.’s need for the medications was sufficiently
compelling to override any bona fide interest in refusing the
medications. We reach that conclusion because the record clearly
demonstrates the severity of E.M.E.’s condition and symptoms —
his severe aggressive behavior, extreme agitation, and paranoid and
delusional thought content — which often required “extreme staff
intervention,” seclusion, and restraints. Additionally, the
psychiatrist testified that (1) given the severity of E.M.E.’s initial
presentation, he would experience a significant and likely long-term
deterioration of his mental condition without the medications; (2)
E.M.E. would be monitored for side effects, and medications were
available to “neutralize” some of the side effects; and (3) failure to
medicate E.M.E. would be more harmful than the risks posed by
the medications.
IV. Disposition
¶ 16 The order is affirmed.
JUDGE FREYRE and JUDGE GROVE concur.
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