Should Attacker Get out of Mental Hospital?

Until tonight’s I-Team report, Jill Rabinowitz never spoke publicly about what happened to her on March 3, 2003.

Eight months pregnant, she returned home after buying baby clothes. (We aren’t discussing where she lives in San Francisco, at her request.) 25-year-old Jerry Lucas followed her into the garage, picked up a can of purple paint which Jill and her husband had purchased for their baby’s nursery, and beat her with it. Paint covered Jill, and Lucas tracked it out of the house – it helped police connect him to the crime.

Paramedics rushed Jill to San Francisco General, where doctors performed a crash c-section. Her daughter, Alexandra, was fine, but Jill’s injuries were serious – traumatic brain injury, fractured skull, nerve damage, a severed ear. She still suffers pain every day, and she can’t swallow without her ear blocking. Jill says it’s an annoying reminder of what happened.

The point of our story tonight – prosecutors wanted Jill to approve a deal in which Jerry Lucas pleaded “not guilty by reason of insanity” to charges of attempted murder, 1st degree burglary, and mayhem. So, they wrote Jill and her husband this letter. It reads, the psychiatrist on the case “believes that Mr. Lucas will remain in a state mental hospital substantially longer than the 13 year maximum he was facing on these charges. Indeed, he may never be able to leave the Department of Mental Health system.”

But, officials at Napa State Hospital now want to release Lucas – after just four years. Prosecutor Russ Giuntini tells us, Napa State psychiatrists report Lucas is making good progress on his new medications for his bi-polar disorder, and that he should move to a community outpatient program. That terrifies Jill and her husband – they’re concerned Lucas may come to their home again. They’re considering moving out of San Francisco.

Giuntini tells us he disagrees with the Napa State decision: “We’re going to do everything we can to keep this gentleman locked in the most secure facility and when he claims he’s restored to sanity or the doctors say he’s restored to sanity, we’re going to try him on that issue. So, the fight’s not over.”

The D.A.’s letter from 2003 adds, “You will note that the (Stay Away) Order is effective until the year 2080.” That’s little comfort for Jill and her husband. And, she tells us she can’t face Jerry Lucas, so she won’t attend tomorrow’s hearing. She’s never seen his face, and doesn’t want an image to associate with her attack. It’s already become such a central part of her life – the attack happened on her one-year wedding anniversary. Because of the emergency c-section, the date is also her daughter’s birthday.

A few other notes. Police picked up Jerry Lucas a few days before the attack for acting strangely. Doctors at San Francisco General checked him out, and determined he was not a danger to himself or others. Clearly, a mistake.

Shortly after the attack, two SFPD officers questioned Lucas. He was covered in purple paint, holding a long stick that was also covered with paint. The officers report that Lucas calmly answered their questions, responding, “No, I don’t want to hurt myself” and “No, I don’t want to hurt anybody.” Keep in mind, this was just after the attack on Jill Rabinowitz. The police report continues, “Officer Rochlin asked Lucas how he had gotten paint on himself and Lucas mumbled something about helping out a friend. Lucas then calmly asked if we needed to ask him anymore questions and if not, could he leave. Officer Rochlin advised Lucas that he would need to leave the area and not return. Lucas replied, ‘O.K. Thank You’ and then walked away.”

About half an hour later, Lucas stripped off his clothes down to his white long johns and tried to stuff them in a garbage can. The homeowner called police, who arrested Lucas after a short chase.

One other point -- this was also investigated as a possible hate crime. Lucas apparently attacked Jill Rabinowitz thinking she was Asian – he just saw her black hair from behind. And, after the attack while riding in a patrol car, Lucas told an officer who appeared Asian, “I hate your kind, I’m sorry.” “I did what I did because I wanted to.” “I hate Chinese people. They steal from the city.” “I know what I did and I will go to jail for it.”

So, will Jerry Lucas be back on the streets soon? We’ll be there in court tomorrow afternoon, and will report what happens on the news at six and here, on the I-Team blog.

Comments

[L. S.]

I was outraged listening to the story above about Jerry Lucas' possible release after only 4 years. This is incredibly irresponsible law enforcement on the prosecution (city attorneys) and sentencing side. Someone shoplifting from Safeway probably serves more time.

This was a violent crime. If the city attorneys' office cannot keep convicted VIOLENT criminals off the street then they should resign or be replaced and judges and health officials who do not give and maintain maximum sentences should also be held accountable and replaced.

This is how I feel and I am a left leaning liberal! Convicted rapists (of adults or children), murderers and anyone who poses a physical threat to citizen saftey should receive the highest level of attention from law officials. No deal making or sentence reductions should be permitted for such violent crimes. Come on! Atempted MURDER!!!!

Please forward this on to the prosecutors office and Kamala Harris' office. Should we tolerate feeling like prisoners in our homes?

Adamantly,

L. S, Bernal Heights, San Francisco resident

[Barbara Plowman]

I think the main thing to remember is Jerry Lucas committed a crime and that sentence needs to be served. He can get well by taking his medication if he is responsible enough and willing to do the right thing. I'd say he was sick, maybe not insane and that it shouldn't absolve him from serving his time because bipolar illness is trearable if one complies with the treatment. He should get that treatment while serving his time at the hospital like Atrascadero, not after he is released.

[Andrea]

If he is supposedly OK to be released to a community outreach program, why isnt he well enough to go to a real jail? He almost killed a woman and endangered her unborn child and he is treated like he was a bad boy. He should be in jail for a long time, just like other people convicted of attempted murder. If he is OK to be in society while on medications, why isnt he OK to be in jail while on medication. There is something severely wrong with out justice system.

[Joe]

No one in the psychiatric community can guarantee that Lucas will take his medication to control his violent behavior - especially at a community level outpatient center. If the doctors feel he is well enough, the criminal justice system should then impose the criminal sanctions against him - 13 years in prison. He simply should not get a free ticket on the bi-polar defense.

I do have concerns by ABC7News I-Team and the Rabinowitz family on airing TV images of the children, portions of the house and of themselves. Publically telling the viewing audience they are still living in the same home was IMO irresponsible. Lucas may well have television access at Napa, if not, others in a similar mental condition may inform him of the situation. On the outside chance Lucas is released to outpatient care, just how fast can this family pack up when he FTA's for an outpatient appointment for his meds?

[okorimbo]

The ACLU will probably fight to free this guy. And who told Rabinowitz it was OK for her to have black hair? That's obviously a provocation.Could we have him released to the same city the shrinks live in? I'm sure they'd love that.

[CG]

This is not only attempted murder, this is a hate crime. Does that count for nothing? He attacked her thinking she was Chinese. This person should be locked away for good.

[Anna]

Why wasn't this treated as a BIAS CRIME - he admitted intent; why isn't the CHINESE COMMUNITY up in arms? NAPA mental hospital is reckless - the shrinks running it have more serious mental problems THEMSELVES than this criminal, if they let him out. WHOSE TREATING THEM? We see this all the time, questionably sane "doctors" in the same institutions...

[Anna]

PS stay away orders don't work with mentally ill people - what's wrong with those shrinks? If he hurts her again, I would want to see them charged with conspiracy to commit murder - and until JUST ONE CASE LIKE THAT HAPPENS - those Napa Numbskulls will keep doing this... Jill get yourself a good lawyer and SUE THE CRAP OUT OF the NAPA MENTAL ASYLUM for causing you more distress... just for entertaining the idea... money talks - that wretch won't walk...

[R.S]

I can't imagine anyone less qualified to determine sanity than a staff psychiatrist at Napa. The best judge in this case is the girl who was attacked. This guy belongs in jail pure and simple.

[Lisa]

If Mr. Lucas has indeed responded well to his new medications, then it would be natural to assume that he can more fully understand and appreciate how his actions have forever affected the Rabinowitz family. Just as he will always live with the challenge of mental illness, the physical and mental anguish resulting from his attack will always be with the victim and her family.

Surely a well-medicated Mr. Lucas would feel the utmost remorse for his heinous actions, whether they were a product of a sane state or a compromised one, and wish to serve out his jail sentence to the maximum that the law provides. Only someone who is insane and sociopathic would feel that he should go free at this time. If this in fact is Mr. Lucas' position, he clearly is not operating from a clear state of mind and should remain in a highly secured mental health care facility.

My heart goes out to the Rabinowitz family.

[Eliyahu Rooff]

As a criminal defense paralegal, let me add my two cents worth here...
What a number of comments here overlook is that commitment by reason of insanity or diminished capacity isn't intended as punishment, as we don't hold the mentally ill responsible for their actions for the simple reason that the mental illness means they aren't responsible in a legal sense. They lack the ability to form the criminal intent necessary as an element of the crime. Victims may feel "cheated" because the offender isn't being punished, but it's not about making the victim feel good. It's about justice. Insanity or diminished capacity are not a defense which is used very often because it's difficult to prove and courts are reluctant to accept it. In any case, he's not "doing time" and his confinement is predicated upon his mental condition and his ability to function inside or outside of the institution. Again, he's not there to be punished; he's there to be treated and/or cured, and once cured, there is no legal basis for holding him.

[San Francisco Team Building]

Can't even beleive this is up for discussion. The person is a threat to society. Period.

[Dan]

This guy's an animal and he's unstable period. Just like those Pitbulls that attack people and get euthanized. He's a threat to society. He needs to be locked up for good. It was damn lucky this law abiding young lady and her baby survived. She has permanent physical damage and she's mentally traumatized. Who's helping her here??

[Matt]

I grew up with jerry (last time i saw him was in the late 90's) Dude had issues back then, but was always a close trusted friend (he was always there for you). We all out grew this, to bad he didnt as well. My heart goes out to his mother and the assualted family. I hope someday his illness is corrected, but untill that time ( if ever) he needs to be locked up.