MAY 1, 2009 4:02PM

Winky... A Child Molester? conclusion

Rate: 26 Flag

After a month, Winky oriented well to life at Cedarcrest. His trust in staff grew; his interaction with other patients was uneventful. There are no secrets at Cedarcrest. Patients knew what Winky was accused of: TV news reports, staff gossip, and the acute ability of some patients to listen in on Winky’s counseling sessions, made confidentiality moot.

The court appointed psychologist tested Winky. She concurred with Cedarcrest clinicians that Winky was unable to comprehend his crime beyond the “I did something wrong… Am I in trouble?” rational Winky employed. Probing for understanding with a person whose IQ score is less than 75, or with adaptive skills less than the norm for a man 44 years of age, is an exercise in futility. The term "adaptive skills" is a catchall phrase for how well a person can deal with the tasks of everyday life. These tasks include the ability to speak and understand; home-living skills; use of community resources; leisure, self-care, and social skills; self-direction; basic academic skills (reading, writing, and arithmetic); and work skills. A person is regarded as mentally retarded if he or she is unable to dress, feed, wash, or otherwise care for him or herself; to hold a job; or to carry out most of the other tasks needed to get through an ordinary day. Winky was this and more. His 90-day commitment passed quickly.

Winky didn’t want to leave Cedarcrest. He feared what he didn’t understand—most of us do, I told him this as I helped him dress for court. I didn’t want to be part of the entourage of clinicians, Departments of Mental Health and Mental Retardation officials eager to expunge their blame. I didn’t want to ride with the Agency Police responsible for Winky’s transportation and safety, but I was his care coordinator, my observations were written in his chart; my allegations concerning Winky’s strip club and massage parlor excursions certainly required my testimony; the private group homes continued lies concerning Winky’s unsupervised care, inspired their recantation. Winky was handcuffed (cuffs attached to a leather waist restraint) and ankle-shackled. I sat with him in the back of the police cruiser. I was sick to my stomach; Winky’s confusion, his robotic voice restricted by handcuffs and fear ripped at me. I thought of my own son and his mental retardation, and the “what if” something like this would ever happen to him. I wore my dark-lensed glasses to hide my indignation, my tears.

To say that the media awaited Winky’s arrival at the back entrance to the courthouse doesn’t do justice to the scene. A swarm of reporters tethered to microphones; camera operators hoisting their video intrusions, and satellite trucks feeding the news anchors’ and producers’ lust, began the chaos on that warm summer morning. Winky’s ankles were unshackled so he could quickly make his way through the crowd. I placed a towel over his handcuffs. The two Agency Police officers ran interference. I walked behind Winky, pushing at cameras and reporters. Some reporters pushed back. Others later reported I was an undercover State Police officer hurrying Winky through the crowd to face his judgment.

Inside the jail area, police officers—some local, others from the surrounding area, greeted Winky with taunts and promises to mace his trach-hole, or shove their PR-24 side handle batons up his rectum. The Marshals laughed; the homeboys awaiting processing snickered. The Agency Police officers told everyone to relax; one Agency officer refused to let Winky be placed in the holding pen. Winky was given his own cell—consistent threats and orders to behave echoed along with the clanging-shut of the bars. I sat inside that cell with Winky. I too was afraid.

Winky was scheduled to face the judge at eleven. His handcuffs were removed, and he was moved to a private waiting area where he could meet with his lawyer or any visitor that had relevant business concerning Winky’s case. The Cedarcrest clinicians visited to reiterate the importance of the situation—in other words, to make sure I act appropriately. The Agency Police officers, also warned, comforted Winky by telling him he was not going to jail—they too had a different take on Winky; they abhorred his crime, but they understood his inability to comprehend beyond consequence. I complained to Winky’s lawyer that no one from his group home should be allowed to meet with him before his hearing. The young woman lawyer, not familiar with Winky’s temperament –which was escalating towards a physical outburst, agreed with me, or so I thought. His advocate, a group home employee, was allowed to see him. That visit was cut short, when he asked Winky if he understood he could be sentenced at the hearing. The advocate used the word prison; Winky pushed over a small table; The Agency Police officers and I had to restrain him: the marshals informed the judge.

The courtroom seated close to a 120 people. It was packed: media reporters, the victim’s family, clinicians, and the curious lucky to be seated, filled the gallery. Six marshals surrounded a reshackled Winky as he sat at the defendant’s table. The Agency Police officers were told to stand in the gallery; I was ordered to sit next to Winky. The judge’s disgust towards Winky was obvious, even Winky figured it out, his legs were shaking. The marshals were instructed to restrain him should he (Winky) even think about acting out. I placed my hands on Winky’s thigh and whispered “everything’s fine.”  But everything wasn’t fine. The judge asked the court appointed psychologist about Winky’s competency. She answered, the judge exploded in rage, the media exited the courtroom to report, and State Agency officials huddled with Cedarcrest clinicians to discuss their confusion. The judge ordered Winky to be confined to another Connecticut State Mental facility for six months, when upon the completion of this six month commitment, another competency hearing would be held in another court—another jurisdiction. Simply put, that day in June of 1996, Winky was abused by the judicial system. The Agency Police officers and I transported him to his new surroundings. During the ride, Winky kept on asking me, “Am I going to jail? Are you going to stay with me? “Don’t you like me?” I was crushed. I questioned my ability to continue in my chosen profession. I questioned God’s insanity. I couldn’t deal with Winky’s fear and confusion during a 30-minute ride. I told him it was against the law to ask questions in a police cruiser. How I regret saying that.

 Postscript: Winky was sentenced to prison in 2000, the year I retired. I’ve thought of Winky on and off throughout the years, but therapy, counseling, care giving, whatever you call what I did for Winky, requires a professional distance. Until I retired, he was still a patient. My Winky job was finished once the transfer papers were signed and I wished him well.

In 2007, Winky was paroled, registered as a sex offender, and again placed in the system that failed him. When I googled his name, I clicked on the Connecticut Sex Offender registry, clicked on his name, and looked at his picture. There he was staring at me with the same confused look, the same beaded jewelry he loved to make in art class placed around his neck. I cried. Hopefully by writing this, I do some karmic justice to his story.

part one

part two 

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My first thought was, "You could have done more".

That was a gut reaction, emotional response.
There was absolutely not a damn thing you could have done in the face of a judical steamroller of a system.

That you have published this experience here has increased my, already high, esteem for you. This is indeed the only possibe "more" you could ever do for "your" Winky and all the other Winkeys.

And you, sir, have done it exceeding well.

Rated
Clearly your compassionate nature and keen sense of fairness has been weighing heavily on you, retirement or not.

I know your kindness and humane treatment is probably lost on Winky now, but I hope not. For certain it is not lost on your karmic record.

This story is so well told it should be a pre-requisite for anyone who is contemplating public service dealing with the mentally retarded.

Rated for everything!
A sad saga, Mr. Mustard. How many other thousands of people are failed by the system? rated
I came late to the story, reading all 3 parts just now. I can only echo Larry in saying how I respect you for the way your wrote about and lived this. The world needs more people like you.
No one could have done more, MM. You are a brave soul, and I commend you for what you did.

Indeed, this should be required reading.

(Much) rated
Larry, Buffy, Ms. Coyote
this was difficult to write about. even more difficult to realize it's not one of fiction or satire pieces.
Last line? You have. I cried too. And for the briefest of times, Winky was especially blessed to have you as helper and protector, dare I say "Friend"? (I know, I know, professional distance, blah.blah.blah.)
Monumental injustice requires heroics. You were once, Winky's hero, in my estimation. How fortunate your son, to have such a man as his father.
--rated--
Sandy, Boanerges1
thanks for reading and commenting.
Mothership
I know you understand about the professional distance. In college, one of my professors told me there would always be one patient that stays with you long after you retire. How true that is!
See my Message on this MM.
I think that with this story told you have done your best or the Winky's of the world. When we allow cookie cutter justice to prevail and take the ability for judges to be just that, we do a great disservice to Winky and those who suffer from the conditions of their treatment. Was he really a child molestor? He did molest a child. He was not a pedophile who sought to harm a child or dupe a child or force a child to have sexual relations. His mental status was that of a child himself. His behavior was facilitated by those who did not wish to address his sexuality that came with his physical maturity. Without the ability to think and function as an adult this man was left to guess about how to deal with his physical needs. Any other area of his life would have at least been given a rudimentary going through before expecting him to be able to cope. We, for some reason, cannot seem to deal with the reality of sex. The drive to reproduce is much stronger than intellect. Even for those who are unable to comprehend that reproduction is what that drive is all about. In a way Winky is at least fortunate to not be able to understand the far reaching implications of the sex offender tag. As long as authorities treat him with some compassion he will not have to deal with understanding that he will be excluded from society and labeled a "bad person". He is already excluded for no fault of his own.
Unbelievable. I hope the writing of this helped. I can tell you what it has done for me. I will make every effort not to pass judgement toward the "Winkys" of the world. This beautifully written essay has shown "the rest of the story". My heart breaks for him and you. Do you think the system will ever change to really help these people?
Pete: thanks for the message. Your wisdom always comforts and teaches me.

Bobbot Thank you for reading and commenting. Unfortunately, Winky is forever labeled a sex-offender: that along with discrimination of being intellectually and visually different.
Fab
I hold hope the system will change. As I wrote, my 26-yr. old son lives in a private group home. I'm fortunate that his mom works for DMR, and is his advocate; she's tough and doesn't take anyone's shit. More of that attitude is needed to implement change.
This just leaves me with a crushing sadness. I want to believe in an essentially kind, just world. Instead, I got the same picture from here as I did in the first installment: you standing in the breach when society and the rest of us are failing. Coyote wrote the most beautiful poem about her work with the homeless: "All I can give you to day is a form/with your name on it/documents/
attachments/and a strand of dignity." I just clicked on the poem and found your name in the comments so I know you liked it as well. I thought of that poem when I read your last lines. Thank you for offering that strand of dignity.
Annette
I agree, Ms. Coyote is an inspiring soul. So are you!
Probably one of the most valuable lessons I learned from my father, that he passed along from his years working to place physically and developmentally handicapped people in jobs, was that these folks are just like everyone else in some ways, with the same drives, same desires. They are almost never child-like wise saints like Chancey Gardner or Forrest Gump (a movie I know dad despises), but I think too many people insist in holding that picture in their heads. To the point that when the Winkys of the world act out, the system doesn't really know how to handle it.

The sad and sorry fact is, the justice system in this country consistently fails the mentally challenged and mentally ill. The son of my in-laws' closest friend--someone my wife babysat back in the day--did a horrible thing while in the grip of schizophrenia. Far worse than Winky's act, horrible as that was. But the fact also remains that for David, as for Winky, the place to address their underlying issues is most assuredly NOT the state penitentiary.
Mr. Mustard - I had to think for a few minutes before commenting, and I needed to wait for the lump in my throat to subside. We can only do what we can do when the system has all the inertia. You did well. This is not just an excellent story well written, but a true reflection of your heart. Thanks again for sharing it.
I so admire your empathy and professionalism. This is heartbreaking, as it goes on all over the country, all the time. What is the solution?
I took half the courses for an MSW degree, but quit because I got so frustrated. Didn't have the chops you do.
I do understand. I am frequently outraged at the treatment of those who are mentally challenged. They are still people and deserve to be better served by society in general. He was treated like he had lain in wait outside a grade school with lies, candy and duct tape, intent on commiting what he knew to be a crime. He may have had an inkling of it being wrong, but it wasn't clear to him how or why. I don't think that the label sex offender should have been applied to him. If someone were to be held accountable for this act, should it not have been those who were entrusted with helping him interact with the general population? Were they not responsible for making sure that he was able to deal with the things and feelings that are part of life? Were these people victims of the system too? With no standing policy on dealing with the adult sexual urge in people without the capacity of adults were they flying blind and just hoping for the best? Does this excuse them for the responsibility to their charges? We can only affect change in those things that we have a part in. When in that position, as you were, you saw the injustice and had little power to change it. You lived up to your responsibilities by doing what you could for him. You continue to try to fix the problems and that will better the lives of people with developmental disabilities. As an individual you have done what you could and will continue to work to make thse peoples lives better. Even though you feel as though you failed him, you showed more caring and concern than the agencies that were built to help him.
Wow... It's hard to know what to say to this and I can't fathom how difficult a situation it was to live through and to relive by writing it. It is sad to know that some people are born without any chance for a happy ending.
Lea
The solution to preventing more Winky's from being let down by the "system" is implementing common sense within bureaucracy-- something I'm afraid will never happen.
(hit button before I meant to)

It seems like everything that should have worked for him, worked against him, and that even the good turns afforded him were some turned against him. The system just sucks sometimes... you deserve real credit for having tried, even if at times, you found yourself and your situation lacking.

You are a credit.
mr. mustard, i just found you today and managed to real all three parts of your posting. thank you for writing this story - rated.
I don't know what to say, except I admire you.
Thank you for this story. It is disturbing and, when I think that his story is multiplied times thousands, it is more than my mind or heart can hold.
thanks for sharing this story, a real tragedy, you were a true advocate and a witness in a system that gave you no chance to do more
It's not very often I say I wish I had written this. But I wish I had written this.

Not lived it, which gifted/cursed you with the perspective to write this.

Wonderful piece of work.

Thanks for sharing.
MM- I am glad Winky found you, if only temporarily, in his life. Please know you were a gift to him. It is sad that we as a country have created a system that can treat human beings this way. Very powerful writing.
Thank you for this story, and perhaps with it you've planted a mustard seed that brings more humanity into a inhuman system. What strikes me though is the feeding frenzy around Winky, it brings about a picture of the bloodlust at the Roman Coliseum—the media in particular, but also those who filled the courtroom. This is what bothers me the most about what we are becoming, everything nowadays is either about personal aggrandizement and ambition, or how we can be entertained.
By the way, I'm referring to the peripheral actors in this very real human drama. For me, how we relate to the week, the downtrodden, and the voiceless--whether with compassion or indifference--is how we define our own humanity. Thanks for showing the way.
So sad. So juxtaposed.
Your point about the "for profit" care home is well taken. Some things cannot be done well for profit. Healthcare, education, corrections--these have to be done by government for the sake of the general welfare. When they are privatized, the results are horrific.

You are clearly an old soul. I wish every sad, sick person could have a Mr. Mustard.
Thank you for sharing. Thank you for having the courage to see and fight and write about the truth!.
Everyone else who worked with Winky got it wrong. They absolutely did. We are getting it wrong every day. We move to fast. We glance to see, instead of look and think. We join instead of stand against the crowds. We are driven to attain rather than feel, share or contribute. Keep telling the stories of our getting it wrong, Mean Mr. Mustard! Keep us grounded and moving in the right directions.
Rated.
What so, so disgusts me is the way Winky's tragedy became a career opportunity for so many - the media, the prosecuting attorney, the judge. Thank you for so painfully but beautifully calling attention to his abuse -first by the institutions responsible for his care as a disabled adult, and again by a justice system that should have protected him. As others have already stated, Winky was fortunate to have you to shield him from the worst of these abuses during his first trial, for the compassion that you showed him while he was in his care. You could have done nothing more. Perhaps telling his story now will make a difference. My heart is with you in this, and with your family in battling such a potentially abusive system.
So many thoughtful comments here. Can only add that I believe that the compassion and integrity you showed Winky during the time you were with him did make a difference in those fleeting moments you were with him. Sharing his story is good karma indeed.
What you did for Winky was heroic. To face something that painful and to advocate for someone that society has abandoned takes more courage than most people can muster. For years I have felt guilt that I never did enough during my brief stints in teaching in the innercity. It was more than overwhelming.
So many times the 'justice' system does not take the time to actually listen. I am sure if the judge had even talked to Winky, he would have clearly seen that Winky was incompetent. You, though, did more than your job. You can rest knowing that.