EVERETT — A mentally ill murder suspect who prosecutors feared would be released to the streets because of chronic problems at the state’s psychiatric hospital is expected to be admitted to a new forensic mental health center in Yakima.
A Snohomish County judge ordered Todd Brodahl released from jail Tuesday if the state Department of Social and Health Services didn’t admit him to Western State Hospital.
The Marysville man, who has schizoaffective disorder, is too mentally ill to assist his defense attorney. His condition has worsened in the three months he’s been housed at the Snohomish County Jail.
Superior Court Judge George Bowden, in keeping with a federal mandate, last week ordered Brodahl released from the jail if the state couldn’t provide him timely mental health treatment. The judge was told it would be up to 55 days before the hospital would have an open bed for Brodahl.
A federal judge has ruled the long delays at the state psychiatric hospital are unconstitutional. The state is under orders to cut the wait times.
“We do not anticipate that Mr. Brodahl will be released. He should be in bed in a hospital soon,” Snohomish County deputy prosecutor Elise Deschenes said Monday.
Brodahl is charged with second-degree murder. He’s accused of stabbing and beating to death 18-year-old Brady Sheary in 2002.
The case has been stalled for more than a dozen years because Brodahl, 32, hasn’t been well enough to understand the charge against him, or assist with his own defense. He was civilly committed at Western State Hospital for the better part of 13 years.
Prosecutors refiled the murder charge earlier this year after they were notified that Brodahl was expected to be released to a group home.
The new criminal charge sent Brodahl to the county jail. His symptoms worsened in large part because of the jail setting, according to a state psychiatrist. She concluded March 11 that Brodahl isn’t competent to stand trial. A judge called for restoration treatment.
Bowden’s order to release Brodahl sent prosecutors scrambling last week.
Deschenes called the state Attorney General’s Office, which represents DSHS, and was advised of a new process to request earlier admission for state mental health treatment.
As of March 15 jail staff or defense attorneys can request a consultation for expedited admission for inmates who suffer from “significant or life-threatening psychotic systems” or are actively suicidal.
“We treat every court order as a priority for admission. In very limited circumstances we can make exceptions to the wait list through a triage process if it is determined that the individual waiting for admission is at risk due to the acuity of their psychiatric symptoms,” said Victoria Roberts, a deputy assistant secretary for DSHS.
Snohomish County jail staff made the request in Brodahl’s case, Deschenes said.
Bowden late last week agreed that Brodahl could be admitted to a mental health center deemed appropriate by DSHS. The state has opened 24 beds at a renovated Yakima jail to ease the long waits for inmates awaiting competency restoration treatment.
Defense attorney Natalie Tarantino said Monday that she was advised that her client would be sent to the Yakima Competency Restoration Center.
She is opposed to the move. There are unresolved safety concerns raised by the lawyers who filed the federal civil lawsuit against DSHS, Tarantino said.
The lawyers asked for a temporary restraining order to prevent the state from using the Yakima center. They say the it isn’t a “therapeutic hospital setting” and presents dangers to mentally ill offenders. That motion has yet to be heard by U.S. District Court Judge Marsha Pechman.
Tarantino also is concerned that the move will impact her client’s health further. He was treated at Western State Hospital for more than 13 years “so the continuum of care available at (Western) seems best,” she said.
Brodahl is expected to be held for at least three months for restoration treatment. Prosecutors can request more time if he remains unable to assist with his own defense.
Diana Hefley: 425-339-3463; hefley@heraldnet.com. Twitter: @dianahefley.
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