Watch Blade 2 (2002)
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It's one of those films that changes with the times. There's so much going on there. I may just watch thesense of history, or I may just watch the acting, or I may just watch the lighting, or I may concentrate on the editing. But it's one of those things that never dies.If I had to fight to the death to defend a motion picture as a work of art, it would be Citizen Kane.
On May 4, 2001, correctional staff discovered a piece of metal had been cut from the desk in Mr. Comer's cell. A portion of the missing metal, sharpened into a blade, was reportedly recovered from the cell of an inmate adjacent to Mr. Comer's cell. A lighter flint, which ADOC believed Mr. Comer used to cut the metal from his desk to manufacture the shank, was reportedly found concealed in a wall of Mr. Comer's cell. The remainder of the metal cut from the desk was never found despite repeated searches of Mr. Comer's cell and the pod in which Mr. Comer was housed, as well as medical examinations of Mr. Comer and other inmates. Additionally, Mr. Comer made threatening statements to correctional officers. The Court was not notified of these events nor did Respondents seek modification of the stipulated-to contact visit order for Dr. Johnson and special counsel.
Resolving whether Mr. Comer's decision has been competently made without coercion has required immersion into the details of Mr. Comer's life to gain an intimate understanding of him as a person, including learning and evaluating all meaningful aspects of how he presently lives, and of everywhere he has lived while incarcerated, which were not the simplest of tasks. It has required rigorous study of numerous papers, pleadings, and his writings, and most significantly, it has required listening to him, watching him testify, and carefully examining the evaluations of him conducted by qualified psychiatrists and a psychologist. In the end, the Court is confident of its factual and legal decision that Mr. Comer has competently and voluntarily made his dire choice, though the Court will never be comfortable with it.[23]
Dr. Kupers is qualified to render opinions on the issues before this Court, but Dr. Johnson for a number of reasons is significantly more qualified to render the competency opinion, with due respect accorded to Dr. Kupers's special expertise regarding the SHU syndrome. First, Dr. Kupers has never worked inside a correctional setting, is not primarily a forensic psychiatrist, and has no incarcerated patients. (R.T. 3/26/02 at 132-33.) In quantifying his practice, he said \"number one is private practice; number two is teaching; and number three is consulting in public mental health and correctional settings as a trainer and a seminar conductor or giving lectures. And then a small part of my work is forensic work within the jail and prison setting.\" (R.T. 3/26/02 at 197.) Also, Dr. Kupers has never engaged in \"a forensic evaluation to determine the competency of an inmate to be executed,\" nor has he \"ever [previously] had an occasion to do a forensic evaluation of an inmate sentenced to death who wants to dismiss his appeal.\" (Id. at 133.) In contrast, all of Dr. Johnson's patient evaluations are of persons who are incarcerated, and several of them currently face capital sentences. (R.T. 3/28/02 at 735-38.) She is also a board certified forensic psychiatrist, and her work is focused on competency evaluations.[43] (Id. at 733-34, 735.) Second, Dr. Johnson's investigation and preparation for her opinion and report were more thorough than that of Dr. Kupers and the methods she employed to reach her decision were more reliable than Dr. Kupers's. She spent at least fifty hours,[44] by her count fifty-two and one-half hours, beginning *1040 in April 2001 and ending on March 25, 2002, personally interviewing and evaluating Mr. Comer, including eight hours the day before Mr. Comer testified; and before she testified and rendered her final opinion at the hearing on March 28, 2002, she was present and observed Mr. Comer testify on March 27 and 28, 2002. (R.T. 3/28/02 at 745-48, 915.) In contrast, Dr. Kupers spent perhaps twenty hours with Mr. Comer, which included some phone conversations rather than in-person interviews, all of which occurred during portions of two days in November 2001 and two days in January 2002. (R.T. 3/26/02 at 19, 165.) According to Mr. Comer, Dr. Kupers left early during two of the four interviews. Mr. Comer testified that at \"the last one he kept looking at his watch, so I told him, why don't you just go And he left. He was worried about whether he was gonna make his next flight.\"[45] (R.T. 3/27/02 at 662-63.) Further, Dr. Johnson told the Court that the \"crux\" of her \"diagnostic opinion\" was based upon the
In a further attempt to explain away Mr. Comer's coherent and rational testimony, Dr. Kupers made his primary focus during rebuttal his emphatic view that Mr. Comer was feigning mental health by behaving \"very rational[ly] and methodical[ly]\" to convince the Court that he does not have a mental disorder. Dr. Kupers offered an apocryphal analogy of a suicidal patient hospitalized for depression who behaves and responds to treating staff with the goal \"to convince the psychiatrists to let him out so he can go out and kill himself.\" (Dep. R.T. at 19; see also R.T. 3/26/02 at 98-99.) The deficiency in this analogy is that it fails to take into account the substantial differences in the environments of a mental hospital and a prison. In a hospital, the patients are under constant supervision to insure they do not commit suicide, but in a prison, inmates are not watched to prevent attempted suicide unless staff have some reason to suspect an inmate will attempt it.
Mr. Comer has never been placed on suicide watch. Moreover, Dr. Kupers acknowledged that Mr. Comer could have accomplished suicide in prison at any time during the almost twenty years he has been incarcerated. When asked whether he was familiar with the term \"suicide by cop,\" Dr. Kupers answered \"yes\" and explained that it was part of the prison code of male inmates who \"don't commit suicide. People who commit suicide are weaklings. So the tough way out, and also a way to harm your loved ones less, is to get into some kind of altercation with an officer and get shot and killed.\" (R.T. 3/26/02 at 250.) It is undisputed that Dr. Kupers believes Mr. Comer ascribes to, and lives by, this prison code, describing him as \"a stand-up con ... [who] has the respect of the other prisoners\" and who is \"a tough enough guy\" that he is now working on walking away from a fight. (R.T. 3/26/02 at 187-88.) Responding to Dr. Kupers's opinion that Mr. Comer was attempting to commit a form of \"suicide by cop\" by waiving his appeal, Mr. Comer testified that,
Dr. Johnson observed Mr. Comer at the competency hearing as he watched and narrated tapes of his extractions from two different cells. Later, when asked if someone who was suffering from chronic symptoms of PTSD would be likely to sit calmly, and comment on and narrate videos of the traumatic events, Dr. Johnson testified \"if they're chronic, then that would probably be an unlikely thing to be able to do.\" (R.T. 3/28/02 at 789.) She further testified that Mr. Comer,
The Court finds it undisputed that Mr. Comer was subjected to some physical brutality and abuse while incarcerated that no human being should be made to endure for any length of time. The Court has no difficulty concluding that this abuse would shock even a person with hardened sensibilities; and that even a cold-eyed critic of any disapproval of prison administration would agree that these forms of corporal punishment run afoul of the Eighth Amendment. See Atkins v. Virginia, 536 U.S. 304, 122 S. Ct. 2242, 2245, 153 L. Ed. 2d 335 (2002) (holding \"[t]he Eighth Amendment succinctly prohibits `excessive' sanctions. It provides: `Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.'\"); Trop v. Dulles, 356 U.S. 86, 100, 78 S. Ct. 590, 2 L. Ed. 2d 630 (1958) (holding that \"[t]he basic concept underlying the Eighth Amendment is nothing less than the dignity of man\"); Farmer v. Brennan, 511 U.S. 825, 834, 114 S. Ct. 1970, 128 L. Ed. 2d 811 (1994) (holding that the gratuitous infliction of wanton and unnecessary pain is a violation of the Eighth Amendment). The question before the Court however, is whether Mr. Comer presently suffers any mental illness, including SHU syndrome, because of or related to the abuse.
Mr. Comer also explained that he has made shanks for his protection and to engage in aggressive action in prison when it suited him. He told the Court \"you've gotta understand if something hurts you in [prison] and you're totally free to go to any extent of violence that you wish to, and nobody can stop that ...\" and that there is no one \"to watch his back\" in prison and there are \"no rules for convicts.\" (Id. at 713; 344, 420.) He expounded, \"making shanks, I need one, I make one. The last one I made was on the anniversary of Bonzai's execution, and you remember I used to call it murder. Bonzai was executed ... I felt I had to avenge it.\" (Id. at 430.) He added it was his choice \"I didn'tI didn't hear anyany DOC officer come in there and tell me to make any shank. That was me. I made it myself. That was my choice. I made the same choice not to make any more.\"[61] (R.T. 3/27/02 at 441.) Mr. Comer addressed Dr. Kupers's supposition that his walking was also a compulsion. He explained that he walks for exercise to stay healthy, and that it is an adaptive mechanism for thinking and meditating. (R.T. 3/27/02 at 405, 431-33.) Mr. Comer's explanation for his reaction to the music he heard during his interview with Dr. Kupers was sensible. (R.T. 3/26/02 at 81; R.T. 3/27/02 at 424.) Mr. Comer's concern regarding midnight cell searches was normal. (Id. at 451; n. 59.) His testimony, and that of those who know him well, does not reflect that he suffers paranoia or is uncomfortable with his perception of himself. Rather, he has a strong sense of self. 59ce067264
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