People v. Friberg

617 N.E.2d 1327, 187 Ill. Dec. 606, 249 Ill. App. 3d 86, 1993 Ill. App. LEXIS 1244
CourtAppellate Court of Illinois
DecidedAugust 9, 1993
Docket2-92-0479
StatusPublished
Cited by9 cases

This text of 617 N.E.2d 1327 (People v. Friberg) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Friberg, 617 N.E.2d 1327, 187 Ill. Dec. 606, 249 Ill. App. 3d 86, 1993 Ill. App. LEXIS 1244 (Ill. Ct. App. 1993).

Opinion

JUSTICE COLWELL

delivered the opinion of the court:

Respondent, Christopher Friberg, appeals from an order of the circuit court of Winnebago County finding him to be a person subject to involuntary admission under section 3 — 701(a) of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/3— 701(a) (West 1992)), and hospitalizing him in the Department of Mental Health and Developmental Disabilities (Department) (405 ILCS 5/3 — 700 (West 1992)). Respondent appeals, alleging the trial court’s order must be reversed because he was denied a verbatim, record of the proceedings. Alternatively, respondent alleges that the trial court failed to order the least restrictive alternative treatment and that the State failed to prove by clear and convincing evidence that he was unable to provide for his basic physical needs. We affirm.

A petition for respondent’s involuntary admission was filed on March 31, 1992, alleging respondent to be “[a] person who is mentally ill and who because of his/her illness is unable to provide for his/her basic physical needs so as to guard himself/herself from serious harm.” A report dated March 30, 1992, signed by Elizabeth Bolser Carpenter, LCSW, at the Janet Wattles Mental Health Clinic (Janet Wattles), found respondent to have a severe thought disorder and delusions that he is God. Carpenter also found respondent incoherent and unable to respond. A psychiatrist at the H.D. Singer Mental Health Clinic (Singer) also filed a report dated March 31, 1992, which noted that respondent exhibited aggressive and delusional behavior. The report stated that respondent was delusional, agitated, unpredictable, dangerous, and in further need of psychiatric assessment.

The State presented four witnesses at the April 6, 1992, hearing on the petition. Judith Friberg, respondent’s mother, testified that she lived with respondent. Respondent had been working at McDonald’s Restaurant for approximately two years. She received a phone call on March 30, 1992, asking her to come to McDonald’s to see respondent. Respondent was talking to the manager and telling people he was God when Judith arrived. Respondent did not want to go with the police because he was God and the law did not apply to him. Judith followed the police as they escorted respondent to Janet Wattles. There, respondent continued saying he was God or an individual named “Zero” and that the phones should all be thrown out.

Judith also described an incident that occurred in their home approximately three weeks prior to the hearing. She was speaking to respondent and his twin brother, Kevin, when respondent started saying that God told him he had a sister named Jennifer. Judith testified that respondent has no sister. In another incident, Judith was speaking to respondent about cleaning up after himself in the house. The discussion escalated into an argument. Judith told respondent if he could not follow the rules he would have to move out. Judith said she had been told by a psychiatrist that she should seek help if respondent had any eruptions. She moved toward the phone to call for help but respondent physically restrained her arms when she tried to get to the phone. Judith testified that she thought respondent would not intentionally hurt her but that she had sustained bruises on her arms from the restraint. Respondent then removed the phone from the wall.

Kevin Friberg, respondent’s brother, testified about an incident which occurred approximately one week before the hearing. Respondent said God told him he had been sexually abused by his mother and father. Respondent stated that God also told him he was supposed to be a female. Kevin admitted to receiving psychiatric treatment about six months prior to the hearing. Kevin was not on medication at the time of his testimony but was still in counseling.

Richard Apple, social work administrator at Singer, testified concerning an incident regarding respondent on March 31, 1992. Respondent was at that time locked in a seclusion area. Apple received a call for help from the nurses’ station located near the seclusion area. Apple approached the area and saw respondent racing toward the reinforced window to the door of the seclusion area and ramming himself against it. The glass shattered when Apple arrived. Apple and some staff members had to physically carry respondent to a restraint bed because he would not stop voluntarily. Respondent suffered a small cut to his finger.

The State’s last witness was Dr. Lewis. However, Lewis’ testimony on the audio tape was accidentally recorded over and thus unavailable for transcription. (All testimony from the April 6 hearing had been recorded on a cassette tape with no court reporter present.) The parties thereafter filed an agreed statement of facts prepared by the assistant public defender and the State’s Attorney summarizing the testimony of Lewis in this matter.

According to the summary, Lewis testified that he interviewed respondent for approximately 20 to 30 minutes on April 3, 1992, at Singer. Lewis had not met with respondent prior to their interview. Respondent informed him that he was sent to Singer because he had given away free food while working at McDonald’s. Respondent thought it would be a better world if no one had to pay bills. He had the name God put on his name tag. Respondent wanted the white men to get off the Indian land. Lewis referred to respondent’s medical records which indicated he displayed a flat affect and grandiose delusions on the day he smashed the seclusion area window. Respondent allegedly said at that time, “I am quite capable of killing you and I will if I get loose.”

Lewis opined that respondent is a person who is mentally ill. Lewis based his opinion upon his interview of respondent, his examination of respondent’s medical charts, and the testimony of the witnesses previously called during the hearing. Lewis believed that respondent was reasonably expected to inflict serious physical harm upon himself in the near future based on his breaking the glass in the seclusion area. Lewis found no basis to expect that respondent was likely to harm another. Lewis concluded that respondent was unable to provide for his basic needs so as to guard himself from serious harm. Lewis noted the extent of respondent’s delusions, in particular, his insistence on giving away food at his job. Lewis believed respondent’s delusions caused him to be unable to conform his behavior to the expectations of society. Lewis’ diagnosis of respondent was: “Clinical Impression: Schizophrenia, paranoid type, acute, with delusions of grandeur and persecution, agitation, destruction of property, aggressive and threatening behavior due to his mental illness.” Lewis’ certificate of his examination of respondent, required under the Code (405 ILCS 5/3 — 602 (West 1992)), restates some of the above summary.

The trial court rendered its decision on April 9, 1992, noting that respondent’s actions were clearly indicative of a person who is in a very active mental state, indicating a high degree of psychosis. Respondent’s behavior convinced the trial court he was an individual who cannot conform his behavior to real life surroundings.

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Cite This Page — Counsel Stack

Bluebook (online)
617 N.E.2d 1327, 187 Ill. Dec. 606, 249 Ill. App. 3d 86, 1993 Ill. App. LEXIS 1244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-friberg-illappct-1993.