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Page 8 — Thursday, March 10, 1988 / tBl]C ,3J»frinn« OSazcttc Court rules patient must be unshackled PHILADELPHIA (AP) —William Kirsch has visited his only child at state hospitals for the last 10 years — hoping one day his son would be able to come home again. A judge's ruling may make his dream come true. "I love my boy. I miss him," Kirsch said. "My biggest dream is to have him come home again." U.S. District Judge James Kelly ruled Wednesday that Philadelphia State Hospital violated the rights of Kirsch's son, William, a violent patient, and caused him to regress by leaving him shackled continuously for IVi years. . "He's been begging for help for years," said Kirsch, 47. "I've been trying to get him released and in some place where he could benefit from a better program." .' Kelly ruled that the 27-year-old Kirsch had been "deprived of his rights under the due process clause of the United States Constitution." Kelly gave the state 10 days to remove Kirsch from the northeast Philadelphia hospital, also known as Byberry, said attorney Stephen Gold, who filed the suit. "I hope that the state has not injured this poor young man to the point where it is now irreparable," Gold said. "He was much better when he went in there seven or eight years ago." The ruling was only the latest blow to the hospital, which the state plans to close because of widespread problems that include abuse and neglect of patients. According to the lawsuit, Kirsch's wrists and ankles had been bound continuously since September 1986. The elder Kirsch said he couldn't describe how he felt seeing his only child shackled. "The first time I walked out with tears in my eyes," he recalled. "I tried not to let him know I was upset over it." Kirsch's condition "deteriorated during his years at the Philadelphia State Hospital," the judge ruled. "The environment and programs at Byberry have caused regression and intensified Mr. Kirsch's assaul- tive behavior." Kirsch, who calls his son, Billy, said his son would often strike people for no apparent reason and would be apologetic afterward. "He keeps telling me he doesn't want to strike out at people," Kirsch said. He wants help. I think now he's going to get it." After he was admitted to Byberry in 1980, the lawsuit says, the hospital failed to conduct tests to determine if Kirsch suffered from organic or structural brain damage. The hospi- INDIANA MALL CRICKET LANE For Spring Has Arrived... and in a big way. Whether it's an Easter outfit, an office outfit or something to wear when you're out and about Cricket Lane has the look for you. (and it's made in U.S.A.) MISSES' and PLUS SIZES With Anso V Worry Free™ Carpets! Sumptuously thick saxonies in a wide range of colors—all Anso V Worry-Free carpets that resist stain, soiling, static and wear. Now you can enjoy the party, too! Eloquence $ 32.95 Eloquence II S 23.95 Acadia S 39.95 Yosemite S 47.95 King's Canyon $ 35.95 Wind Cave S 31.95 SQ.YD. SQ.YD. SQ. YD. SQ. YD. SQ.YD. SQ. YD. tal also.failed to conduct a strict behavior-modification program, Gold said. "He seemed to get worse and worse," the elder Kirsch said. "When he first went in I used to be able to bring him home on twoor three-day passes. We used to go fishing, to the zoo or down lo the shore for the day. "The overnight passes turned into two-hour passes," he said. "Then there were no passes." Kelly said the hospital failed to provide "the training that appropriate professionals would consider reasonable." Until the state Department of Public Welfare sets up an alternative program for Kirsch, he will be placed in a program for mentally retarded people with violent tenden- cies, Gold said. "We hope it helps," Gold said. "We're sort of sad we needed a lawsuit to do this. This is not something the state should be very proud of." The lawsuit named Ford Thompson, acting superintendent of Philadelphia State Hospital, former hospital superintendent Charles Erb and state Public Welfare Secretary John F. White Jr. Hospital officials declined to comment on the ruling and a Department of Public Welfare spokeswom- an did not return a telephone call for comment. The hospital was the subject last year of a state task force investigation that concluded management was tolerating abuse and neglecting patients. The investigation led to the retirement of Erb and the suspensions of four other top hospital officials along with plans to close the hospital. LIFE INSURANCE LOW COST INSURANCE Wilfred £. Helwig Insurance Agency 465-5514 Jury must decide: 'diseased intellect 7 or 'thrill killer' OF PLUMV1LLE "Your Ethan Allen/Orexel Heritage Gallery" FURNITURE • CARPETING • DRAPERIES • DECORATING Located 20 minutes north of Indiana and south of Punxsutawney on Route 85 Open Monday thru Saturday 9:00 'til 5:30 — Open Wednesday & Friday 'tit 9:00 Phone (412) 397-5511 DEDHAM, Mass. (AP) — Jurors must decide whether a 15-year-old boy on trial for the bludgeon slaying of a classmate is a "diseased intellect" whose pleas for help were ignored, or a calculating, cold-blooded thrill killer. Teen-ager Rod Matthews' mental state was the focus of closing arguments Wednesday in Norfolk Superior Court. The jury, sequestered Wednesday night following about 4% hours of deliberations, was to resume its work this morning. Prosecutors seeking a first-degree murder conviction for the Nov. 20, 1986, slaying depicted Matthews as a dispassionate murderer who plotted for weeks to lure 14-year-old Shaun Ouillette to a secluded area "to find out what it was like to kill somebody." Defense attorney John Philip White, calling for acquittal by reason of insanity, called Matthews an irrational, "diseased intellect" who appealed for help before the killing but was ignored by a teacher and friends. Matthews, tried as an adult, faces a mandatory sentence of life imprisonment without parole if convicted of first-degree murder. If found guilty of second-degree murder, the maximum penalty would be life imprisonment with a chance of parole in 15 years. A manslaughter conviction would bring a maximum 20- year prison term. If Matthews is found innocent by reason of insanity, he will be evaluated by the state Department of Mental Health and would likely be hospitalized for at least 14 to 15 years, White said. District Attorney Peter Casey portrayed Matthews as a troubled youth who was prompted to kill by his own desires, not by mental illness. "He did that because he doesn't care about anybody," said Casey, who repeatedly jabbed an accusatory finger at Matthews during closing Extension sets program for tree growers Christmas tree growers are invited to attend a meeting on control of insects and weeds at 7:30 p.m. March 16 in Rustic Lodge, Indiana, according to Ward M. Stover, Indiana County Extension Agent. Dr. Larry Kuhns, Penn State Extension Horticulture specialist, will discuss "Weed Control in Christmas Tree Plantings." He will discuss the elimination of weeds prior to planting and how to prevent weeds in an established planting. Also on the program, Stover said, will be a talk on "Insect Control on Christmas Trees" by Dr. Paul Heller, Penn State Entomology specialist. Rayanne D. Lehman, Entomologist for the Pennsylvania Department of Agriculture, will discuss the "Results of the Pine Root Collar Weevil Survey" and "Field Identification of Conifer Weevils." Stover said the meeting is sponsored by the Indiana County Cooperative Extension Service and is open to all Christmas tree growers. The meeting will provide four credits, in the specific category, for update training for a private pesticide applicator's license. Vo-tech program aims at dropouts A new program, under the direction of Indiana University of Pennsylvania, is using the facilities of the Indiana County Area Vocational- Technical School in Indiana. The program is designed for Indiana County high school dropouts from the ages of 16-21. It will offer an opportunity to the young residents to gain experience in one or more vo-tech areas, while they participate in preparatory classes for the GED test. Daytime classes are beginning soon. For more information, call Mr. Shumaker at 349-6700, extension 107. arguments. "What did it feel like? It was deliberate. ... He really wound up and hit him about the head." Matthews chose Ouillette as the victim after rejecting two other classmates as targets because two of his friends objected, Casey said. Ouillette, who moved to Canton from Hull with his family about two years before the slaying, was selected because Matthews felt he would not be missed, according to testimony during the week-long trial. Matthews said he had plotted the killing .for a month to experience what killing someone was like, according to testimony from two classmates who were shown the body by Matthews before a pre-Thanksgiving pep rally. Adams in musical Stephanie L. Adams, daughter of Mrs. Judith Adams of 1388 Philadelphia St., will participate in Millersville University's Ail-Campus Musical Organization's production of "Jesus Christ Superstar." Adams is a member of the chorus and a dancer. 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