psychological relevence

Predicting violence: the psychology of bail and alternatives to incarceration

Michael Sefton, Ph.D. Bullying, Dangerousness assessment, domestic violence, domestic violence homicide, DVH, Health Psychology, Human Behavior, psychological relevence, Senator Michael Nozzolio, terminal rage, Vic Crain

WESTBOROUGH, MA July 19, 2016 The Worcester Telegram published the story of a case of domestic violence that occurred in that central Massachusetts city of 185,000.  A police officer was dispatched to a residence where a subject was suspected of violating the terms of a restraining order.  RO’s – as they are commonly referred to – offer a safety net between the victim of domestic violence and the abuser.  RO’s are authorized by a district court judge who is on call night and day. They are not authorized unless substantial threat to the victim exists.  These orders are carefully crafted by investigating police officers whose reports highlight the exact nature of the violence and the reason the victim needs protection.  Protection orders are offered to the victim after the first sign of physical violence. It has been espoused that the police are not called until after the 6th or 7th episode of domestic violence.  DV is a secret affair between members of a family who are often ashamed or embarrassed to come forward for help often until things gradually get worse – sometimes years into a pattern of violent dysfunction. Greater latitude for judges in handling violent offenders must be legislated including holding someone without bail.  This rarely takes place due to the fact that so many abusers are law abiding citizens and have no record against which to negotiate bail. Arguably, at some point violent spouses must be held for the safety of the victim and her children as in the case of Jared Remy in 2013. Remy killed his live-in girlfriend Jennifer Martell in front of the couple’s 4-year old daughter hours after being released from custody for violating an order of protection.

In other cases of violence against the police, noncompliant behavior that results in violence toward police officers must be dealt with in kind including no bail holds, dangerousness assessments and GPS monitoring for those who may be released. Past behavior is the best predictor of future behavior.  In Massachusetts one police officer lost his life because a career criminal was repeatedly released on no or low bail.  Auburn Police Officer Ron Tarentino paid the ultimate price in exactly such a case.

“Hindsight tells us that this guy should have stayed in jail. Maybe, if the court had had more time to spend on the case, that would have happened. However, we can’t generalize from this case to all cases, according to Vic Crain, a New Jersey-based Market Research and Public Policy firm.” Vic Crain, personal correspondence July 2016.

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Cycle of abuse in domestic violence is well described – TAKEN 2016

On this day, a Worcester police officer was cut with a steak knife wielded by the angry spouse who was being arrested for violation of the stay away order. Bail conditions must be carefully considered whenever a restraining order is violated. It is a sign that the alleged perpetrator has blatantly ignored a legal court order by contacting his partner in some way – even by telephone or via social media. He need not be menacing against his spouse and family. Violation of an RO may signal an outright decline in the violator’s coping skill and perhaps an ominous sign of impending terminal rage toward a spouse.  Terminal rage results in a loss of self control along with an erupting emotional maelstrom of blame and hate – sometimes resulting in a fugue state. Episodes of terminal anger will last just so long and ultimately results in the self-destruction of the abuser.  The cycle of abuse in DV is well described by Lenore Walker and is depicted to the right.

In Gardner, MA on 7-19-16, a North Carolina man was charged with burning two vehicles and menacing his ex-wife with a shotgun. He is being held without bail until a hearing can be held to determine if he is dangerous and should be kept behind bars according to the Worcester Telegram story. The Worcester case resulted in charges of violation of restraining order, mayhem, assault and battery with a dangerous weapon and attempted murder.  A Worcester Police Officer was severely cut with a knife during the violent arrest.

Decisions on bail of the two cases described are straight forward and no bail was allowed in either until such time as the court psychiatrist or psychologist was able to assess dangerousness.  This is where society needs to begin the change in expectations for those involved in DV – measuring dangerousness.  The measurement of dangerousness can be nebulous and forensically uncertain.

In August 2013 I published a blog after the death of Jennifer Martell who was murdered in front of her 4-year old daughter by Jared Remy, son of Red Sox broadcaster and former player Jerry Remy.  The younger Remy had received one break after another some say linked to his celebrity father’s influence.  He was never held until a dangerousness hearing could be undertaken.  Had this been done Ms. Martell may be alive today. In retrospect, Jared Remy was a prototypic abuser and ultimately Ms Martell was left unprotected when he should have been behind bars. Whether or not he had bipolar illness, abused drugs – including steroids or likely both Jennifer was no match when Remy launched his fatal attack.  But all who know Jared say he loved Jennifer Martell and his daughter.

I have answered calls like these and they are mostly the same. I am trained to look for “red flag signs of violence” that would automatically raised my level of concern. Unfortunately there are people who believe intimate partner violence is nobody’s business.  That belief system is harmful. Slowly people are learning that secret violence robs our society of its civility.  My police report in all cases would specify the immediate need for a dangerousness hearing – especially when there had been more than one prior order of protection and violating an existing order of protection.  Other facts such as substance abuse, loss of job, a blended household, pregnancy and the lack of transportation add to the risks of leaving a violence man in the household.

The reporting party in a recent case had been threatened by the spouse.  These verbal threats began as soon “as I said I do”with slight humor.  The physical abuse began shortly thereafter. On this day he was angry at his wife wife who had spent the day with her sister and had arrived home the same time as her husband.  Dinner was not ready.  This led to a significant escalation of his baseline level of anger, suspiciousness and borderline paranoia by the time police were called.  He had thrown the dishes all over the kitchen and dining room out of protest – lamenting his lazy wife.  His children were frightened and crying.

The signs of violence are finger marks on the neck from choking, forced intercourse, obvious trauma from open or closed fists, threats of death or some other random act of stupidity toward a spouse that leaves her and her children in great fear.  Any of these should result in arrest.

Research is clear that separating spouses for the night does not positively impact the level aggression and risk in the household as much as the formal arrest of the aggressor.  What usually happens is the police break up the fighting couple by sending the aggressor off to the home of a friend or family member – less often to jail unless there are obvious signs of abuse. Arrest is mandated by law when physical signs of abuse are apparent. It has become all too often the case that hindsight – taken seriously – may have saved a life.

There needs to be a clear consequence for the violation of a protection order – and yet violent abusers are given chance after chance as in the case of Jared Remy.  In the research I conducted with 3 colleagues – cited below – failure to hold a spouse when there are numerous red flag warnings. In this case, after holding his family hostage for 3 hours at gun point, a reluctant and frightened spouse called the local sheriff’s department.  Patrols found the perpetrator who remarked to his son “your mother has done it this time…” as the blue light were activated.  He later went on to murder his wife and his two children – including the boy mentioned in this post.

REFERENCES

  1. Allanach, R.A., Gagan, B.F., Loughlin, J., Sefton, M.S., (2011). The Psychological Autopsy of the Dexter, Maine Domestic Violence Homicide and Suicide. Presented to the Domestic Violence Review Board, November 11, 2011
  2. Crain, Vic (2016) personal correspondance, “Hindsight shows us this guy should have stayed in jail”, July 17, 2016.

Probationary lapse: Massachusetts officer killed by career criminal

Michael Sefton, Ph.D. career criminal, Dangerousness assessment, domestic violence, Human Behavior, Officer down, Police officer behavior, psychological relevence

Some arm chair psychologists are critical of probation officers in central Massachusetts following the shooting death of a police officer.  Critics believe that Jorge Zambrano should have been in jail rather that be free to take his murderous intentions to the street.  He had at least three arrests that were said to have resulted in resistance and ultimately violence toward police officers.  This information must have been provided to Officer Tarentino at the time of the traffic stop.  Whenever an operator is checked either on the mobile data computer in the police cruiser or by a police dispatcher flags come up indicating that the operator has a history of violence.  This is a necessary officer safety protocol. 

Unfortunately, that same level of safety awareness is not provided to judges when they are making decisions about bail or no bail holds for the like of Jorge Zambrano and thousands of other career criminals who are in and out of court like a revolving door. It is up to the office of probation and parole to provide this essential information on “dangerousness” to judges as they review charges and consider bail in the cases being brought before them each day.  Otherwise, decisions about bail cannot be made with any accuracy leaving law enforcement and the general public at great risk from those who are dangerous. We have seen this disconnect over bail among domestic violence assailants and the family members they terrorize.  Sometimes serious aggression toward a spouse including strangulation and forced sexual contact are ignored or minimized when this violence occurs within the scope of a “relationship” and yet information about violent tendencies must be provided to potential victims whenever a threat exists.  

“There are points when pre-incident indicators scream for containment of violators.  Relationship behavior should be considered – especially when relationship violence is apparent in case after case”.  Michael Sefton, 2015

Bail decisions rarely include the incidence of violent behavior – especially that which occurs toward law enforcement otherwise Officer Tarentino may be alive today.  In an article in the Boston Globe detailing the criminal history of the killer of Auburn, Massachusetts Police Officer Tarentino. Zambrano was a career criminal from what was described in several background articles. I was especially sickened by the remarks of Mr. Scola the attorney for Zambrano.  Scola verbalized his surprise that Mr. Zambrano could do something so violent toward a police officer. I am puzzled by that remark and wonder if Scola has actually passed the bar examination because anyone could see that Zambrano was on the fast track toward a violent explosion of hate.

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“He was a high risk for violence and recidivism,” said DOC spokesman Christopher M. Fallon. 

Former Boston police commissioner Edward Davis, now a private security consultant, said Monday night that judges have to consider a defendant’s “propensity for violence” at sentencing according to a Boston Globe article written in the aftermath of the killing of Ronald Tarentino, Jr..  “There are some people who are not amenable to counseling,” said Davis, whose security clients include The Boston Globe. “When you see a repeat record of violent activity, then you have to get really tough with a person like that and get them off the street.”

“There’s nothing more dangerous than that space, that moment, when a guy who is facing charges that can send him back to jail sits there behind death’s door, sizing up both his chances and the cop drawing nearer in the sideview mirror.”  Kevin Cullen Boston Globe   (5-24-16)

Are childhood sports becoming venues for expression of unencumbered anger?

Michael Sefton, Ph.D. Bullying, Childhood violence, Health Psychology, Human Behavior, Parenting, psychological relevence, Relationships

WESTBOROUGH, MA January 20, 2016  “Childhood sport represents an opportunity for children to learn the value of teamwork, sensible competition, winning, and loosing. Some important lessons in life emerge from the spirit of youth competition,” according to Michael Sefton, Ph.D., Director of Psychology at Whittier Rehabilitation Hospital in Westborough.  “I have coached youth hockey up through high school-age boys and have found 99 percent of the families I worked with to be very reasonable and respectful,” remarked Sefton in preparation for the blog post.  Just as importantly the games must be fun or children will not want to play. In recent years there has been a growing notoriety of fan behavior while attending the sporting events of children.  It is almost a “mob mentality” as parents shout at referees over botched calls, yell at other players, and become obstreperous toward the opposing fans.  Sometimes this becomes violent as it did in Reading, MA in 2002 when two men squared off and fought over a youth ice hockey practice resulting in the death of one.  “The fight was less about hockey than about the loss of control and unencumbered anger” according to Sefton. For his part, Thomas Junta who outweighed the victim by over 100 pounds was sentenced to 8 years for manslaughter.  He was released from the state’s prison in Concord, MA in 2011.

Social scientists have been interested in mob behavior for years and when it comes down to what the underpinnings of fan behavior experts cite alcohol, adrenaline, and blind team loyalty as primary culprits. But as far as parent behavior at childhood sporting event goes some parents become delusional and behave out of some overdriven striving on behalf of their child. Some parents see scholarship money in a child as young as 5-years old when in actuality only 2 percent of athletes will ever receive scholarship funds for playing football for example, according 2008 NCAA published data – most receive only a partial scholarship package and not the coveted “full ride” – published in the NY Times.  As a parent I took my children to an NCAA ice hockey playoff event that was so much fun. The kids were given ice time to skate with coaches and players from the playoff teams.  During this time I attended a parent education seminar on scholarships and the lengths to which some parents will go to get their child athletes noticed.  How is it possible that an angry father might physically attack a volunteer referee over a missed call or become enraged at a youth coach over the amount of playing time a son or daughter receives?

According to Brooke De Lench, Mom’s Team executive director, parents lack the basic coping skills to respond to the ups and downs of their kid’s competition and are injured when their child does not succeed. De Lench seeks a shift from an adult-centered model to a child-centered philosophy as a way of eliminating unruly and sometimes outrageous fan behavior. When fans loose control the results can be deadly. “We lose ourselves when we watch our children play sports” said Sefton who regularly attends high school parents’ night in Massachusetts speaking on concussion.  But becoming lost as children play youth soccer or football must never include losing control as it sometimes does. Because for some parents, a child’s failure, or even the perception of failure may evoke strong emotions.

In 2002 during a youth hockey practice 2 children jostled and battled for the puck.  One parent, confronted the coach, whose son it was involved in the on ice scrap.  He objected to the rough play during the on ice scrimmage.  A shouting match ensued followed by the 270 pound Thomas Junta, 45, jumping the much smaller Michael Costin, 44, and punching him violently and killing him in front of his child and other players in the ice arena in Reading, MA.  Junta was charged and served 8-10 years in the state’s prison for manslaughter.  The lives of both families were destroyed by this event.  Both Junta’s and Costin’s boys have grown into troubled men and have themselves served time in prison.  This sensational story left quite an impression on me as an outrageous exemplar of state of the art parenting.

Most of us know there is much psychology in youth sports including developing core beliefs about winning and loosing, team cohesion, mastery of physical skills, and the growth of healthy competition. Balance is needed pushing children to become something for which they are may not be physically or emotionally equipped. Just as important parents must recognize their own feelings at their children’s games and accept that some things should not be worthy of the fight to end all fights.

Dr. Michael Sefton is a neuropsychologist and former police sergeant in Westborough, MA .  He along with 3 colleagues published a psychological autopsy on the Dexter, ME domestic violence homicide from 2011 and presented the research before the Domestic Violence Homicide Review Board at the state house in Augusta, Maine in November 2011.

via Are parents at kids’ sports games harmful? (Opinion) – CNN.com.

 

Law Enforcement – Mental Health Collaboration

Michael Sefton, Ph.D. Health Psychology, Human Behavior, psychological relevence , ,

In a recent post the issue of mental illness and police use of force has been the subject of scrutiny.  The pairing of police officers and mental health counselors is becoming a compelling option in some departments.  In a previous blog post I published an essay denouncing the utility of these patrols in part because it presents a greater level of risk to police officers, ride-along psychotherapists, and the community at large (Sefton, 2015)

Over 100 persons with known mental illness were the victim of lethal force following a suicide by cop scenario or some other violent encounter resulting in the rapid escalation of the use of force continuum. Police officers train for these situations and are expected to meet force with force.  These encounters sometimes end up in a lethal force standoff where split second decisions can wind up in a deadly outcome.  As quickly as encounters may escalate, police are trained to de-escalate their use of force as the situation dictates.  The use of force must be fluid and officers in the field are expected to modulate the force they apply to the demands of the situation and be ready to respond to changing threat levels.

The current population of jail inmates is said to have a higher percentage of people suffering with mental illness than ever before.  Since the early 1970’s an effort has been made to deinstitutionalize those with severe mental illness leaving many to flounder in the streets.  The National Alliance for the Mentally Ill believe as many as 20 to 40 percent of prison inmates may have severe mental illness and may not be receiving the needed treatment to allow them to rehabilitate.

Police are increasingly linking up with mental health agencies as a way of diverting mentally ill persons from jails into treatment for their emotional affliction. This is necessary to free police to serve the public interest more efficiently and safely. Treatment options are quite limited especially in rural communities who may be underserved by specialists in psychiatric emergencies.

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British Psychological Society (BPS) photo

Police in Augusta, Maine have paired with crisis counselors two nights per week in order to provide support and expertise to police in the handling of mentally ill suspects with emphasis on de-escalating and diverting subjects from jail. Larger agencies routinely interface with mental health experts.  Courts across the country have in-house clinics that can provide up to date assessments of persons with suspected mental illness or risk for suicide and homicide.

In Massachusetts, many smaller police agencies must pay overtime for police officers to sit in hospitals or outside of jail cells watching a mentally ill person who has been arrested.  Specifically, if a police officer arrests a person with a known history of suicidal ideation it has been policy among many agencies to provide an officer to monitor the prisoner to assure for a safe transfer to court. This is expensive for small departments and takes a police officer off the road sometimes for 48 hours until the prisoner can be brought before a judge. Coupled with a high prevalence of cases of substance abuse and the growing menace of opioid addiction, police officers have their hands full with cases in which changes in mental status add to the complexity of decision-making and expose a dearth of alternative dispositions.

This author was employed in an agency that deployed a single officer on duty.  When a mentally ill person was arrested, the agency was forced to call in off duty personnel to transport and supervise the prisoner to assure for his or her safety.  This policy was implemented in any case of arrest whenever a person has ever had a documented history of depression with suicidal statements.  Across Massachusetts police dispatchers have access to a database of names of individuals with documented history of police interaction while mentally ill. This affords the police a heads up when a call goes out involving persons with a proclivity for suicidal behavior.  This protocol was not necessary and offered no help whatsoever to the person under arrest.  It resulted in emotionally vulnerable persons being held in custody longer than necessary out of fear that once released they would be at elevated risk of suicide and leave the police department liable and open to litigation.

The myths associated with mental illness – especially in the police service are abundant. For example, here in Massachusetts anyone arrested with a known history of suicidal threats needed to be watched while in custody – sometimes for one or two days until they could be brought before a judge. The question of suicidal risk should be made by psychologists and psychiatrists familiar with emergency mental health and crisis intervention.  Police officers are inherently apprehensive about legal action being brought against individual officers for decisions made because of a lack of understanding and training in dealing with those in crisis. District court judges have no greater training in suicide assessment and prevention than the police officer on the beat and the decision about suicidal risk should not be left to them.  The police should turn to the experts whenever the question of risk for suicide arises and once evaluated the disposition may be straight forward gradually reducing the myths associated with this difficult population.

I agree with calls for added training for police officers in dealing with the mentally ill as a way of eliminating the myths that obfuscate decision-making and risk officer safety.  Agencies are making greater efforts to divert the mentally ill away from jails and the legal system whenever possible.  But for diversion to work well the city and county need to provide treatment programs at each point a mentally ill person encounters the criminal justice system – from interactions with police officers all the way through the courts, according to an NPR-Kaiser Health News report in July 2015. Our current system of liaison between mental health and law enforcement must be forged by greater cooperation and mutual understanding of the needs of those suffering from emotional illness such as depression, PTSD, and now a growing population of the addictions including alcohol and prescription pain killers.

Things of importance

Michael Sefton, Ph.D. aging and memory, Human Behavior, psychological relevence, retirement , , ,

WESTBOROUGH, MA November 30, 2014 A patient once said Dr. Sefton “don’t ever grow old”.  At the time I wondered what he meant.  The man was alert, physically fit and had a great support system. We have heard for years that today’s baby boomers are growing older. No kidding, I am one of them.  “People believe human touch and the relationships we forge along the way sustain us into our old age with a sense of well-being”  according to Michael Sefton, Ph.D., who provides neuropsychological testing for older patients.  Along the way the connections we make open our experience and our hearts. As people age, time begins to have greater significance – especially at the end of life. Some people say time moves quicker with age – especially when memory fades. Greater attention to things of importance must include keeping memory and history alive. Ask yourself “what do I value most?”  If the answer in your head is money, job promotion, or things like material objects then priorities may be outright misguided. Next, ask yourself how much dignity you might feel if you suddenly were made to feel irrelevant?  That is how may older Americans feel as they age and enter the “golden years”. Depression and loneliness are highest among people who are older and have become marginalized. This contributes to the inability to participate in their communities adding to feelings of loneliness and increased risk of functional decline and even early death (Singh, A. and Misra, N., 2009).

Cultures everywhere include senior citizens among the things that are valued and respected although this is not universal. Some believe that with age comes wisdom. Here in America, the population of older citizens will grow by a factor of 2 in the next decade or two. No society should discredit those who are older and may be stepping aside to a younger generation.  “Senior citizens, especially those who may be blind, deaf, immobile or senile, contribute less and require more care, which is likely unavailable” according to Discovery Health. The growth of older Americans has far exceed the growth of programs geared to help those in need. Why?

Retirement and aging

For those who are entering the last years of employment a sense of trepidation may confound their decision to retire. The age of retirement has edged upward largely due to financial need. People are constantly speaking out about the need to plan ahead for the retirement years. In a blog I wrote about police officer retirement the success a person feels in retirement depends upon how valued they feel in society (2014).  Many believe that older workers are more reliable and bring a higher level of maturity that benefits employers everywhere.  Others see the older worker as the greeter at the local box store – someone now irrelevant. The impact of this prejudice adds to a high incidence of depression among people over 65. The rate of poverty among older Americans is greater than 15-20 percent, according to Intergenerational Learning Service based in Illinois.  And the rate of grandparent’s who take care of their grandchildren has never been higher.  How is this scenario apt to impact human development for years to come?

A fundamental change in attitude must take place toward people who are aging here in America.  At the same time, a belief in lifelong learning and personal responsibility for health and well-being will give an older person an equal advantage for those who are aged and wish to continue being relevant.

Michael Sefton

REFERENCES

Singh, A. and Misra, N., (2009). Loneliness, depression and sociability in old age. Industrial Psychiatry Journal, Jan-Jun; 18(1): 51–55.

Sefton, M. (2014) https://msefton.wordpress.com/police-service/the-working-chief-a-job-greater-than-the-sum-of-its-parts/. Blog post, taken November 30, 2014.