A headline can be moving, informative – and even terrifying. Many are also amusing.
Outrageous “Florida Man” headlines gleaned star status on social media sites, inspired challenges and earned a regular spot in talk-show monologues.
Over the last two years, the towns and cities along the South Brevard’s barrier island have had some noteworthy headlines that probably elicited a few chuckles.
“Police on the Lookout for Sand Flea Jesus”
“Women Who Claims to be God Moves into Mansion”
“Florida Man Threatens to Destroy Town with Army of Turtles”
In the days and weeks that follow, the story may fade. But for the people involved, a headline is often just the beginning. And when there are mental health issues, the story can be a twisted tale – but it can also lead down a path of healing and hope.
According to Michelle Suskauer, president of the Florida Bar, there are about 120,000 people with mental health issues admitted to the state’s jails and prisons annually, and last year a publication of the Florida Behavioral Health Association ranked Florida near the bottom for access to mental health care.
During his many years on the bench, Brevard County Circuit Judge David Dugan has seen his share of people with mental illness stand before him in court. Those suspected of having mental health issues are then evaluated.
“What we are looking for are two things – their ability to appreciate court process, and whether they can they assist their attorney,” Dugan said. “The evaluation uses a relatively low standard; basically, it’s the mental capacity to know right from wrong.”
If it’s determined they don’t possess these abilities, a treatment plan is arranged.
“The criminal action is abated, and they are given treatment until these skills can be restored which can be inpatient or outpatient. It depends on level of problem,” Dugan said. “What kind of treatment facility they go to is a factor of whether they a danger to themselves or others.”
Barry L. Hensel, Ph.D., is vice president of Clinical Services at Circles of Care. He believes that substance abuse is a big part of why so many of the mentally ill end up in jail.
“In last three to five years the number of people coming to see us with mental health issues also have substance abuse issues,” Hensel said. “It’s really increasing as a problem.”
Circles of Care receives people who have been Baker Acted. A Baker Act can be filed by anyone who believes a person suffers from mental illness. It allows that person to be taken to a facility and evaluated – and potentially kept under observation for up to 72 hours.
Thomas Delvaney Lane was arrested by Indialantic police earlier this month for, among other things, threatening the town with an army of turtles. A Baker Act was initiated and approved, and according to the Brevard Clerk of Court Website he is now under long-term treatment.
“A lot of people who come in on that basis know the right thing to say, such as I just lost my temper that day, I’m not going to harm anyone,” Hensel said. “The test for keeping someone involuntary is a pretty high bar, so some get out in 72 hours or less.”
However, if after 72 hours of treatment therapists believe the person is still in need of more treatment, they can can ask a judge for a commitment at a state hospital, or they can continue treatment at the facility for a certain time frame.
Hensel’s facility has 102 beds available. As a snapshot, last Friday 69 people were admitted, with 24 under some kind of court commitment.
Hensel said there are a few avenues people can go down when dealing with mental health issues in the criminal justice system.
Some can participate in Mental Health Court (MHC). “This is intended for people who get arrested with mental health problems and have misdemeanors rather than felonies,” Hensel said. “The state attorney, public defender and our mental health worker make a joint decision and it means the person gets treatment instead of going to jail. It’s a very successful program in relation to recidivism.”
Tanya Johnson, who works with Circles of Care, is a Mitigation and Disposition Specialist at Office of the Public Defender for the 18th Circuit Court in Florida.
The state attorney advises a court liaison, like Johnson, when there is a defendant who may have mental health issues whose charges qualify for MHC. She then checks treatment history for any diagnosis. If there is no history, the liaison meets with the defendant and provides a Biopsychosocial Evaluation to determine if they have a qualifying diagnosis.
Johnson said the defendant must have a primary mental health diagnosis, not a substance abuse diagnosis as primary. “The substance abuse must be treated before an accurate mental health diagnosis can be given,” Johnson said. “There are other options for substance abuse defendants that can be negotiated between the prosecution, defense and judges.”
Another program, relatively new, is called Forensic Multidisciplinary Teams (FMT). Hensel said it involves a team of therapists and case workers who assist mentally ill people charged with a felony and try to divert them from going to a forensic state hospital. Participants often also receive help with transportation, job search, living arrangements and family relations.
“This keeps the person in the community, in treatment, and out of the hospital and jail,” Hensel said. “People are selected on their ability to cooperate.”
Third, he said, are the people in jail with mental health problems.
“The jail has its own mental health unit, not affiliated with us,” Hensel said. “When they are released from jail, they are often referred to our outpatient clinic.”
A diagnosis of mental illness and receiving treatment does not always mean the person will not be held responsible for the crime they committed.
A goal of treatment is restoration of competency, which enables the court to go forward with a legal case. Whether the person is ultimately prosecuted is determined by the state attorney.
In 2017 Franchesca Pacheco was charged with multiple crimes after she was found to be living for several days in a Melbourne Beach home while the owner was away, and driving the homeowner’s vehicle, without permission from the owner. Records show Pacheco made her way into the vacant home after being released from jail on an unrelated charge.
After contacting her mother, police were told said she had been off prescribed medications for bipolar, depression, hallucinations and anxiety for several weeks. She was taken to Circles of Care for evaluation and is now serving a prison term. She is scheduled for release in 2020.
That same year, police were alerted that a homeless young man, nicknamed “Sand Flea Jesus,” was suspected of breaking a window with a hammer and taking a cat named Flounder from an Indian Harbour Beach animal hospital. He was also accused of tossing over buckets of bait fish, cutting fishing lines, and unhooking leashed dogs in what appeared to be the desire to set animals free.
Later identified as Paul Fanuzzi, he was deemed mentally unable to stand trial for some of the charges against him. He has been in the Brevard County Jail, where new charges of battery against a law enforcement officer and resisting an officer without violence were brought against him last year. During a plea agreement in December, Fanuzzi was sentenced to 270 days in jail.
“We have a great system in the state of Florida and a great system in Brevard County,” Dugan said. “What some people don’t understand is that if someone commits a criminal act, there are consequences, and just because they are getting treatment, they are still responsible for that act.”