MARYSVILLE — A Snohomish County judge has ordered a mentally ill murder suspect released from jail if the Marysville man isn’t admitted to the state psychiatric hospital by Tuesday.
Prosecutors Thursday said they were looking at alternatives to prevent the man’s release, including asking the state Attorney General’s Office to bump up Todd Brodahl’s place on the waiting list at Western State Hospital, a practice that the state has typically resisted. Lawyers were told it likely would be 55 days for a bed to open up for Brodahl.
Snohomish County Prosecuting Attorney Mark Roe has made calls to Gov. Jay Inslee’s office and officials at the state Department of Social and Health Services.
“We’re doing everything we can to see that he receives the treatment he needs and protect the public,” Snohomish County deputy prosecutor Elise Deschenes said.
They are expected to ask a county mental health provider to evaluate Brodahl to determine if he is a candidate for a civil commitment at a local hospital, which would be a temporary placement.
Brodahl could join scores of other mentally ill inmates being released to the streets because Western State Hospital continues to delay admissions despite a federal court order to accept inmates within seven days.
A federal judge has deemed the practice unconstitutional and ordered the state to fix the long wait times. The state Department of Social and Health Services has pleaded for more time to meet the mandate, arguing that conditions outside of its control have slowed its progress to open more beds.
They planned to open the Yakima Competency Restoration Center to meet the federal mandate. Late last week lawyers for mentally ill defendants asked a federal judge to stop the state from using the center for treatment. They argue that the center isn’t appropriate because it’s a renovated jail, not a psychiatric hospital.
Meanwhile judges here and elsewhere are releasing jail inmates awaiting restoration treatment until they’re admitted to the hospital. Superior Court Judge George Bowden signed such an order earlier this week in Brodahl’s case.
The Marysville man, who has schizoaffective disorder, is accused of beating and stabbing to death 18-year-old Brady Sheary in 2002.
Criminal prosecution has been stalled for more than a decade because Brodahl, 32, hasn’t been well enough to assist his lawyers with his own defense.
Brodahl has spent most of the past 14 years at Western State Hospital under civil commitment.
Prosecutors were notified in January that the hospital was planning to release Brodahl to a group home, a less restrictive placement allowed under the civil commitment statute. He’d visited two potential placements in Everett in December.
In response to the potential change in Brodahl’s status Snohomish County deputy prosecutor Chris Dickinson refiled the second-degree murder charge. Brodahl promptly was moved to the Snohomish County Jail.
The civil commitment was dissolved because of the new criminal charge, Brodahl’s attorney Natalie Tarantino said.
“It’s unfortunate that the state didn’t make sure that Todd was competent before they refiled the charge,” she said. “It has taken years of care to get him to function at a minimal level. I don’t believe he can be restored or that he’ll ever be competent to stand trial.”
Two state psychologists in January concluded that Brodahl had made significant progress and found that he was able to assist Tarantino in defending the murder charge. The mental health professionals cautioned that the Brodahl likely would need additional medication to deal with the stress of court hearings. He also would benefit from additional breaks so he could ask questions of his attorney, they wrote.
But Brodahl’s symptoms appeared to worsen in jail. Questions were raised after a Feb. 19 court hearing at which he appeared to be inattentive and on the verge of falling asleep.
A state psychiatrist attempted to evaluate Brodahl on March 11. His symptoms didn’t allow for a full exam, according to court papers. She noted that Brodahl’s mental health had declined while locked up in the county jail over the past couple of months. He was no longer able to understand the charge against him and didn’t have the ability to assist his lawyer, court papers said.
The psychiatrist reported that his worsening symptoms might be a result of the stress of a the jail environment, lack of access to certain medications he was receiving in the hospital and a lack of access to exercise, mental and social stimulation. Lack of access to sugary snacks and caffeine also might be a factor, because they might counteract the sedating effects of his medications.
“The most likely cause of his deterioration is a combination of all three of the above factors, as well as the underlying progression of his diseases,” Dr. Margaret Dean wrote in her evaluation.
Bowden on Tuesday ordered Brodahl sent back to Western for three months for restoration treatment.
“The defendant shall be released unless civilly committed by a county (mental health provider),” according to the order signed by Bowden.
It’s unclear if Brodahl will meet the criteria for commitment at a local hospital, Deschenes said. He must be found to be a danger to himself or others, or so gravely disabled that he can’t care for himself.
That’s a different standard than what is necessary for a defendant to be competent to stand trial.
Brady Sheary’s mom is angry about the latest development. She has been waiting for years to see the man accused of killing her son face a jury. Tammy Sheary is concerned that Brodahl will be released without any restrictions or a plan to make sure he receives his medication.
She questioned why Brodahl wouldn’t be given higher priority at Western State Hospital than other defendants charged with less serious crimes.
“I wish I could ask Judge Bowden who he is sending to protect my family come Tuesday if Todd Brodahl is set free,” Sheary said.
Diana Hefley: 425-339-3463; hefley@heraldnet.com. Twitter: @dianahefley.
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