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AUGUST 20, 2008 5:31PM

No justice for the mentally ill

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A man whose botched suicide attempt caused the deaths of 11 commuter train passengers in 2005 was sentenced to 11 consecutive life sentences without the possibility of parole in a Los Angeles court today. Judge William Pounders, of the California Superior Court of Los Angeles County, called Juan Alvarez "a remorseless killer." Alvarez, who initially parked an SUV on a Metrolink train track in Glendale, California, changed his mind at the last minute and, unable to move the SUV, leaped clear before a commuter train struck his vehicle, sending it into the path of another commuter train and derailing both. 11 people died and 180 were injured. The incident was popularized on an episode of NBC's Law & Order television show.

This sentence is a catastrophic miscarriage of justice, serving only to highlight society's refusal to come to grips with and understand mental illness. Drunk drivers who kill others through their actions are not given such sentences. Alvarez, who wanted to "get the attention" of his estranged wife, has a history of childhood abuse and methamphetamine addiction.

Mental illness, which affects one in five American families, is one of the least-tolerated and most socially stigmatizing diagnoses a person can have. While others, such as the intellectually and developmentally disabled, may be viewed as "worthy" or "deserving," the mentally ill are kept at arms-length. The jury foreman, who stated to the Associated Press that he did not believe Alvarez planned on hurting anyone other than himself also rejected Alvarez's "reason" for trying to kill himself.

Many suicide attempts are precisely such cries for the attention of a loved one or someone, anyone. Suicide is often portrayed as an act of severe depression and despair; it is also a profoundly narcissistic and self-absorbed one as well. But then, so is alcoholism.

Alvarez's suicide attempt killed other people. He deserves punishment. But 11 life sentences, without the possibility of ever being released, isn't it. He didn't intend to harm anyone other than himself. He is being punished as though his negligent act should be held to the same standard as a rational, normally functioning individual. Someone in the throws of a deep clinical depression, psychotic episode, or other mental illness will often function at greatly decreased cognitive levels.

Alvarez's sentence is a travesty, a mockery of the compassion and humanity we are supposed to strive for. Would he have had such a severe sentence were he under the influence of a more acceptable illness, like alcoholism, or a diabetic coma? What if his reason for trying to kill himself had been a debilitating disease? But no, it was depression. He should have just shaken it off, cowboy'd up, and if he couldn't, well throw the book at him.

-James F. Elliott is an associate clinical social worker for children and young adults dually-diagnosed with intellectual or developmental disabilities and mental illnesses.

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