Patricia’s Public Defender filed a motion to dismiss the charges against Patricia based on the finding of incompetence and the fact that she is not dangerous (although you will notice the Public Defender identified Patricia as a ‘he’).

            The term ‘dangerous’ in the case of the criminally incompetent differs from the civil incompetency standard.  The civil standard is a determination of danger to themselves and others; the criminal standard is restricted only to others.

            It must be difficult for the Public Defender to argue with a straight face that an individual who planned my murder in the family home with the children present can not be considered ‘dangerous’. Let me remind the Public Defender that eight times the undercover sheriff deputy reminded Patricia that the children would be present during my murder and eight times she pushed to have me killed as soon as possible no matter what the consequences to the children.

            Perhaps the Public Defender believes Patricia’s four years in prison for Conspiracy to Commit Murder reformed her. Perhaps he should reread the probation officer’s report filed when Patricia was arrested last year. The report that describes Patricia’s ‘increasingly aggressive behavior towards staff’ and ‘In essence, when Probationer Long fails to get her way, she pouts like a child, and then acts aggressively towards others…”.

            Maybe the Public Defender would like to talk to the kids and hear their stories about the fifteen years spent with their mother before her arrest. Like the dozy I heard the other night

            “Dad, Do you know how I learned to tie my shoes?”

            “No, I do not”.

            “Mom kept me home from school and beat me until I could do it”.

            The child telling the story did acknowledge that the first time I witnessed such an incident I acted and never turned back from my efforts to protect them from the mother who is not ‘dangerous’.

            Finally, perhaps the Public Defender maintains that Patricia’s now recognized mental incompetence has rendered her harmless. Let’s look at the two recent letters she wrote Glen.

            Patricia’s ability to be ‘dangerous’ to those outside jail is somewhat limited, but this did not stop her from lashing out at Joe Sanders after their falling out. She wrote two letters to Glen outlining how ‘dangerous’ her former associate Sanders was and how he was on the way to kill the children and me.  These letters were obvious attempts on Patricia’s part to use Glen and I as weapons against Sanders. I wonder what she might have done to Sanders if other weapons were available?

            The determination of Patricia as ‘dangerous’ or not is critical. If the Court determines her not dangerous and the Department of Health states she can not be restored to competency then the Statute call for the dismissal of the charges against her.

            Yes, the dismissal of the charges. The intent of the Statute is to then allow the District Attorney to file for long term civil commitment against the individual.

            And guess what, my recent conversations with the District Attorney confirmed my suspicion they will not file for a civil commitment. Honestly, I can not fault them with this. Patricia has already been through at least one civil commitment and released after a couple of weeks. Simply, she continues to not see her true problems and is not amendable to treatment. The State Hospital is not going to keep her under that standard.

            The dismissal of the charges could simply be the dismissal of the probation violation and then Patricia would return to probation. Just like the Department of Health is not interested in a civil commitment of Patricia, the Department of Corrections is not interested in her returning to probation.

            They will argue, again with a great deal of truth, that Patricia’s failure in two programs demonstrate as the probation officer argued in his report “it is this officer’s strong opinion that Long can’t be supervised in the community any longer. Her doctor at UNMH, The UNM Mental Health Care Center, and her UNM Case Manager are in full agreement”.

            If Judge Murdoch agrees with the Department of Corrections, then he is left with only two choices depending on the finding about Patricia as ‘dangerous’.

            If he finds Patricia dangerous then he will either order her back to prison for the remainder of her sentence (five years) or order the DA to file for civil commitment.

            If he finds Patricia not dangerous then he will either order her back on probation over the objections of the Department of Corrections or he will discharge her from probation and put on the streets completely free.

            I do not envy Judge Murdoch this decision, as is often the case with Patricia, there are no good choices.

            Add to this that the Albuquerque Journal has called for the removal of Judge Murdoch and the defeat of the District Attorney.

            All said, I am hopeful resolution is at hand and peace around the corner.