Slabbed

And yes folks the perpetrator was found not guilty by reason of insanity. It appears Tookie Spann’s flavor of bipolar disorder is quite severe.  Long time readers know we have covered the topic of bipolar disorder in relation to our own Ashton O’Dwyer, who is without internet these days but is otherwise OK considering the circumstances.

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One cannot reason with a prosecutor whose fixation on his quarry has blinded him to all else. That is, unless you are a federal judge who can see past the target, put it in proper perspective, and exercise the authority necessary to deny the hunter his prize.

The dogged pursuit of New Orleans attorney Ashton R. O’Dwyer Jr. by U.S. Attorney Jim Letten over a now-famous e-mail currently rests with the U.S. Court of Appeals for the Fifth Circuit, which will decide whether to confirm the lower court’s decision to dismiss the case or accede to the government’s demand to try the case in front of a jury.

This case centers around an e-mail sent by O’Dwyer on Friday, Jan. 29, 2010 to Sean McGinn, Case Manager for Judge Jerry Brown of the Bankruptcy Court for the Eastern District of Louisiana. O’Dwyer had filed for bankruptcy and was under court order to request permission to spend money from his Social Security check. Of the five e-mails he exchanged with McGinn that day, one asked McGinn to remind Judge Brown that he had been out of his antidepressant medication for some time and was unable to pay for a refill. That email read in part:

“I could not sleep last night, which I attribute to the effects of abruptly stopping my medication on Sunday, the 24th (my pills ‘ran out’, and I have no money to purchase more). Maybe my creditors would benefit from my suicide, but suppose I become “homicidal”? Given the recent ‘security breach‘ at 500 Poydras Street, a number of scoundrels might be at risk if I DO become homicidal. Please ask His Honor to consider allowing me to refill my prescription at Walgreen’s, and allowing me to pay them, which is a condition for my obtaining a refill.”

When McGinn received that e-mail, he contacted U.S. Marshals, who showed up nearly 9-1/2 hours later that same evening at O’Dwyer’s door, Read the rest of this entry »

Imagine how much closer to conclusion the Jefferson Parish Political Corruption case would be if the US Attorney’s office did not employ their scarce resources trying to squelch the free speech rights of ordinary citizens and instead focused on cleaning up the rampant corruption in local government?

While we do not condone the contents of Ashton’s emails, we defend his right to send them to the hilt. It doesn’t take much talent to deprive a bipolar man of his prescription medication. Some would argue such constitutes a bald faced act of cowardice and I agree.  It was the promise of medication the NOPD used to lure Ashton from his house in September 2005 where he was arrested without cause and then repeatedly shot with bean bag rounds from a 12 gauge shotgun while in custody.  Elliot Ness this isn’t; rather such is seemingly business as usual in New Orleans. Sean McGinn sir, you are a sissy!

This Court has read all of the e-mails which the Government intends to submit as evidence of other acts pursuant to Federal Rule of Read the rest of this entry »

Slabbed file photo. Ashton O'Dwyer and his weapon of mass destruction

Sticks and stones may break my bones but words can never hurt me.   

While the old children’s saying is not completely true, it takes a wise person to understand why people lash out, especially in circumstances such as those in the case of our own Ashton O’Dwyer, whom I finally had the pleasure of meeting in person last week.   

Ashton, in many so ways, is a tragic figure woven into the fabric of our post Katrina world. Like Robert Davis, Ashton will probably never see justice done in his post Katrina abduction at the hands of the NOPD where he was incarcerated and  repeatedly shot point-blank with beanbag rounds from a 12 gauge shotgun.   

We take all comers here at Slabbed regardless of race, color or creed as our justice system is supposedly similarly blind to such things. And in taking on Ashton we were able to discuss on Slabbed the why behind the outbursts as he and others, such as own brother Editilla, have freely spoken of their post Katrina struggles with depression caused by having their world’s turned upside down. In Ashton’s case both we at Slabbed and evidently the FBI both agree he suffers from a special kind of depression, bipolar disorder, which Ashton steadfastly refused to blame for his predicament despite acknowledging his struggles with it. Depression is a subject for which I and most everyone impacted by the storm received a crash course PHD in from the University of Katrina. Read the rest of this entry »

Nowdy without looking for specifics I know we were copied on some of the poison missives that Ashton sent that were cited in FBI agent’s Chris DiMenna’s affidavit.  Besides not being a lawyer I am also not a shrink but Ashton’s last email reminded me of my buddy who finally flamed out after not sleeping for several days. This is symptomatic of mania that is associated with Bipolar disorder:

Mania is generally characterized by a distinct period of an elevated, expansive, or irritable mood state. People commonly experience an increase in energy and a decreased need for sleep. A person’s speech may be pressured, with thoughts experienced as racing. Attention span is low and a person in a manic state may be easily distracted. Judgment may become impaired; sufferers may go on spending sprees or engage in behavior that is quite abnormal for them. They may indulge in substance abuse, particularly alcohol or other depressants, cocaine or other stimulants, or sleeping pills. Their behavior may become aggressive, intolerant or intrusive. People may feel out of control or unstoppable. People may feel they have been “chosen,” are “on a special mission,” or other grandiose or delusional ideas. Sexual drive may increase. At more extreme phases of bipolar I, a person in a manic state can begin to experience psychosis, or a break with reality, where thinking is affected along with mood. Many people in a manic state experience severe anxiety and are very irritable (to the point of rage), while others are euphoric and grandiose.

I’m not making excuses for Ashton nor am I casting stones at the judges as I know first hand exactly how difficult and unreasonable a person in a manic state can be. Read the rest of this entry »