Petition for Conditional Release of Gary Schmitt Denied

Judge Kimberly Koester heard arguments Friday in court and denied the motion regarding the potential conditional release of Gary Schmitt.

Schmitt was found not guilty by reason of insanity in October of 2012 for the murder of his father Jack Schmitt in Effingham in June of 2010 and the attempted murder of Jodi (Harris) Higgs and her daughter Lauren Huntington in Edgewood in January of 2011.

Before Defense Attorney Dan Fultz could call his first witness, Judge Koester listened to arguments as to whether or not this was the proper venue for Victim Impact Statements to be read by Higgs and Huntington. Effingham County State's Attorney Bryan Kibler argued that the Victims Bill of Rights entitled them to be heard. Fultz argued that since this was not a sentencing hearing and was only to determine the significance of progress of treatment and was for the court to determine if Schmitt was ready for the next step of the program. Koester would deliver her ruling after reviewing the matter later in the day.

After opening statement around 9:20am Fultz called his first witness, Greg Coughlin, the director of Kennedy Hall within the McFarland Mental Health Center in Springfield Illinois which is where Schmitt is currently being held. Coughlin's duties include overseeing the daily operations of Kennedy Hall, writing 60-day reports for 6 patients (including Schmitt), and serving as part of the three to four person treatment team for Schmitt. During his testimony he explained that Schmitt had no privileges outside of Kennedy Hall when he first arrived. After a few months, privileges increased to on ground staff supervision. The next increase came in May of 2015 when he was given unsupervised on ground privileges. This means that he can go anywhere on the approximately 150 acre campus but must check in one time an hour.

Coughlin explained that there was nothing preventing Schmitt from simply walking off of the grounds as there are no gates at the driveway but he has never done so. He has never abused the privileges and the next step in the process would be Community Conditional Release Program offered at the Westlake facility also in Springfield. Coughlin testified that Schmitt's response to treatment was "excellent" and that he was very positive, expressed understanding and gravity of his actions, and has a plan for what he wants to do when he gets out.

While under cross examination Coughlin confirmed McFarland does not offer unsupervised off campus privileges like other facilities. He also confirmed that Schmitt had Heart Surgery in October of 2016. They petitioned the court to have Schmitt unsupervised off campus while at the hospital. The court denied it and Schmitt was supervised at St. Johns during his two to three week stay by Mental Health Technicians 24 hours a day.

After over an hour of testimony Dr. Kasturi Kripakaran took the stand. She is the Medical Director and one of six psychiatrists on staff at the McFarland facility and has treated Schmitt since February of 2015. She testified that Schmitt is being treated for schizophrenia and insomnia. Dr. Kripakaran confirmed that Schmitt has had no sign of psychosis or schizophrenia as he takes an injection of Risperidone every 14 days. The shot is administered by nurses at the facility. She has only seen 5 patients respond as well as Schmitt has in her career.

Dr. Kripakaran described Schmitt's schizophrenia as in remission but as a condition that he will have and need to be medicated for his entire life. She testified that Schmitt was no longer in need of inpatient treatment based on the progress he has made and the risk of harm to himself or others was low with continued medical treatment.

On cross examination Dr. Kripakaran said that Schmitt will have some level of responsibility for his medication management. If he does not take his shot symptoms would most likely return after a 6 week period, but could present earlier.

At approximately 11:45 the defense called Andrew Jolly to the stand. He is the Lead Clinician over the Community Conditional Release Program at the Westlake facility just minutes away from the McFarland Mental Health System. After meeting with Schmitt, Jolly, along with is supervisor, agreed with Coughlin and Kripakaran that he was ready for the Community Conditional Release Program. At Westlake, Schmitt would go through a transition period that would begin with being restricted to campus checking in every hour for 2-3 weeks, to 90 minutes off campus unsupervised to eventual up to 7 hours off campus either at work, school, or volunteering while also allowing 3 hours of personal time in the community. Jolly testified that the typical stay at the facility was 12-18 months but could be up to five years. Any major rule violation would have the offender returned to the McFarland Mental Health Center.

Judge Koester asked Jolly who would administer medications and he informed the Judge that an injection as Schmitt was currently taking would be administered at a doctor's office.

After an hour break for lunch the defense brought Gary Schmitt to the stand at 1:15pm. Among his testimony Schmitt said "I wish I could take the day back" referring to his attack on Higgs and Huntington in Edgewood on January 16, 2011. Schmitt testified that he appreciates the harm he did to others and the community. He didn't think that he had a mental illness even after being hospitalized in 2000, 2001, and 2002, but now understands that he does and by taking the long lasting injection he can ensure that he is on his medication.

Schmitt testified that he has a plan to sustain himself in society and would like to work in the accounting field, while recognizing that it can cause significant stress. He would like to stay in the Springfield area and he is committed to following the program as designed and will do what is expected of him.

While being cross examined Schmitt said that he saw a psychiatrist or psychologist once a month for a year or so in 2003 and 2004 after suicide attempts and a psychotic episode in 2000, 2001 and 2002 in which stress was a contributing factor. He took his medicine at the time even though he didn't think that he had a problem in order to stay married. His wife also had him stop drinking alcohol. Once he did get divorced he began drinking socially and titrating, or reducing his medicines on his own which led to his actions.

After the conclusion of Schmitt's testimony the defense rested. Judge Koester delivered her ruling that Victim Statements would be heard as this was a hearing to determine the release of the accused so the victims have the right to be present and heard.

At 2:35pm the State's Attorney called his only witness, Dr. Daniel Cuneo a psychologist in private practice in Belleville and former Clinical Director at the Chester Maximum Security Mental Hospital. He was stipulated as an expert by council in the field. During his testimony he expressed that after an evaluation of Schmitt that he was in remission and doing very well in a controlled environment but "fell apart" when under stress prior to being in the facility. Dr. Cuneo feels that there should be supervised off-grounds privileges to test how he handles the stress and Schmitt needs more tests of his freedom.

While being cross examined Dr. Cuneo admitted to being "amazed" to learn from talking to Mr. Coughlin that McFarland did not have supervised off-ground and unsupervised off ground privileges.

Higgs and Huntington were then allowed to read their victim statements. In their statements Higgs said "My daughter and I deal with the repercussions of his actions every day." While Huntington stated "It's hard to focus an keep moving on with your life" and "It's like a horror movie on repeat."

At 3:45pm the state rested and closing arguments were heard. Following closing arguments Judge Koester called for a recess and returned to deliver her verdict at 4:40pm. While giving her comments Judge Koester thanked counsel and termed the witnesses prepared and organized. She stated "There is nothing that I can do to make everybody happy." In giving her decision Judge Koester revealed "that the defendant's potential to be a danger to himself and others is in dispute and not clear to the court. The defendant has to show he can take his medication as prescribed... there is no showing to date that he has the ability to do that without hospital personnel." With that Judge Koester declared the motion for conditional release was denied at 4:53pm.