CourtListener 10145613•Peo in Interest of Leensvaart
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24CA1387 Peo in Interest of Leensvaart 10-17-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA1387
Pueblo County District Court No. 24MH30052
Honorable Timothy O’Shea, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Edward S. Leensvaart,
Respondent-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE PAWAR
Tow and Schutz, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 17, 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 Edward S. Leensvaart appeals the district court’s order
authorizing staff at the Colorado Mental Health Hospital in Pueblo
(CMHHIP) to involuntarily medicate him. We affirm the order.
I. Background
¶2 Leensvaart was committed to CMHHIP upon a finding that he
was incompetent to proceed in a legal matter. He was diagnosed
with an unspecified personality disorder and presented with “a
chronic history of difficulties controlling his behaviors, agitated
behaviors, aggressiveness, difficulties with impulse control, and
threats of suicidal ideation.”
¶3 In July 2024, Leensvaart refused to take medications
prescribed by his treating psychiatrist, Dr. Hareesh Pillai, M.D. The
Pueblo County Attorney’s Office petitioned the court for an order
authorizing involuntary administration of the medications —
namely, valproic acid (Depakote) and olanzapine (Zyprexa). The
request was amended to add chlorpromazine (Thorazine).
¶4 The district court held an evidentiary hearing on the petition.
Dr. Pillai testified for the petitioner, and Leensvaart testified on his
own behalf. At the end of the hearing, the court found that the
petitioner had proved all four elements set forth in People v. Medina,
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705 P.2d 961 (Colo. 1985), and issued an order allowing CMHHIP
staff to administer the requested medications to Leensvaart against
his will.
II. Legal Principles and Standard of Review
¶5 A court may authorize the involuntary administration of
medication when clear and convincing evidence demonstrates 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.
at 973.
¶6 We determine whether the evidence, viewed as a whole and in
the light most favorable to the prevailing party, is sufficient to
support the court’s order. People in Interest of R.K.L., 2016 COA 84,
¶ 13. Application of the Medina test is a mixed question of fact and
law. People v. Marquardt, 2016 CO 4, ¶ 8. We defer to the district
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court’s factual findings if they are supported by the record but
review the court’s legal conclusions de novo. Id. Both the
resolution of testimonial conflicts and the determination of witness
credibility are solely within the province of the fact finder. People in
Interest of Ramsey, 2023 COA 95, ¶ 23. The testimony of the
physician seeking to administer treatment may be sufficient,
without more, to satisfy the Medina test. R.K.L., ¶ 30.
III. Discussion
¶7 Leensvaart does not contest the district court’s determination
of the second, third, and fourth elements of the Medina test. He
contends only that the evidence presented at the hearing was
insufficient to prove the first Medina element: that he is
incompetent to effectively participate in the treatment decision. We
are not persuaded.
¶8 At the hearing, Dr. Pillai testified that Leensvaart is
incompetent to effectively participate in decisions affecting his
health, including the decision on whether and what psychiatric
medications are needed for his treatment. Dr. Pillai based this
opinion on Leensvaart’s “long history of impulsive behaviors and
inability to control his behaviors when he becomes frustrated or
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emotional.” This was reflected, Dr. Pillai said, through “behaviors
like throwing feces, banging his head on the wall, and flooding his
cell” while he was in jail, and a continuing pattern of aggressive
behaviors at CMHHIP, “including charging at security, spitting at
staff, and, more specifically, spitting blood.” Dr. Pillai also
recognized that Leensvaart requested different medications than
those prescribed and testified that Leensvaart’s preferred
medications were not effective and one was contraindicated for
effectively treating his condition.
¶9 For his part, Leensvaart testified that he had a mental illness
and identified the medications he preferred to take.
¶ 10 The district court credited Dr. Pillai’s testimony, finding it
credible and persuasive. Based on the opinions expressed by Dr.
Pillai, the court found that Leensvaart had limited insight into his
mental illness, was incapable of making informed treatment
decisions, and was incompetent to effectively participate in
treatment decisions.
¶ 11 On appeal, Leensvaart asserts that he “demonstrated a clear
understanding and insight into his mental illness.” And he
contends that any discrepancy between his and Dr. Pillai’s
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assessments of his condition and appropriate treatment were mere
differences of opinion that do not render him incompetent to
effectively participate in treatment decisions under Medina’s first
factor. But the district court credited Dr. Pillai’s testimony that
Leensvaart’s preferred medications were ineffective and
contraindicated and that Leensvaart refused to voluntarily take
medications that were effective. We are not free to disturb this
credibility-based determination and indeed, must defer to it.
Ramsey, ¶¶ 23, 30. As a result, we conclude that sufficient
evidence supports the court’s determination that Leensvaart is
incompetent to effectively participate in the relevant treatment
decision to administer the prescribed medications.
IV. Disposition
¶ 12 The order is affirmed.
JUDGE TOW and JUDGE SCHUTZ concur.
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