Court rules defendant can be forcibly medicated to stand trial

By Bill Rankin

The Atlanta Journal-Constitution

Prison doctors can forcibly medicate a paranoid schizophrenic so he can stand trial on charges he twice robbed the same Atlanta bank in 2004, the federal appeals court has ruled.

Federal prosecutors had argued that the only way Michael A. Diaz could be found competent to stand trial was if he took anti-psychotic medications. At a prior hearing, Diaz -- who has previously called himself "Mad-one," "Iko" and "Yah" -- contended it would be a "war crime" for the government to make him take medication involuntarily.

In a ruling issued Wednesday, the 11th U.S. Circuit Court of Appeals addressed the issue for the first time since the U.S. Supreme Court in 2003 laid out a framework to determine whether prison officials can forcibly medicate defendants to make them competent to stand trial. To be found competent, defendants must be able to understand the nature and consequences of the court proceedings against them and be able to assist their lawyers in their defenses.

Diaz's lawyer, Tim Saviello, said Thursday he agrees that his client needs anti-psychotic medication to treat his mental illness. But prison officials spent only six days trying to get Diaz to take the medication on his own, he said.

"The government never made a good-faith effort to establish a patient-doctor relationship," Saviello said. "The fact he is not willing to participate should not surprise anybody -- he's a paranoid schizophrenic. For that reason, it takes time to establish the trust necessary to get him to do this voluntarily."

Saviello said he is considering appealing the decision to the U.S. Supreme Court.

Diaz was arrested April 8, 2004, after a shootout with Atlanta police. He was apprehended and charged with robbing a SouthTrust bank in West End. Diaz, who was shot in the leg, also is charged with robbing the same bank a few months earlier and being a convicted felon in possession of a firearm.

Diaz represented himself at a bench trial in 2006, where he was found guilty and sentenced to almost 49 years in prison. But in 2008, the appeals court vacated his convictions after finding Diaz did not knowingly waive his right to a jury trial.

Diaz was then diagnosed as a paranoid schizophrenic by prison doctors, who said he would benefit from medication. But Diaz has been uncooperative with prison officials and has refused to take his medication, according to testimony. One prison doctor said it could take up to eight months to restore Diaz to competency through involuntary medication.