San Francisco Superior Court Judge Teri Jackson began today’s hearing by going to lengths to describe how she admires judges who make tough decisions, even though they know the decisions may be unpopular.

Photo Courtesy SF Daily Journal
She cited Brown vs. the Board of Education, among others. Judge Jackson also explained, “The duties as a judge are often contrary to what we feel as a person.” But, she said the law was clear – Jerry Lucas and his public defender had proven he should be eligible for release from Napa State Hospital. He’s made progress with counseling and medication for his bi-polar disorder.
Lucas had been at Napa State since 2003, when he followed a woman who was eight months pregnant into her garage and beat her with a paint can and a stick. Jill Rabinowitz had purchased the paint for her baby’s nursery. She suffered serious injuries, and the pain lasts to this day. Her daughter had to be delivered by emergency c-section.
In making today’s ruling, Judge Jackson explained, “I am not taking the fear of the victim lightly.” The judge added that she understands what it’s like to be a victim. In fact, she’s currently being stalked and has a stay away order by the federal court.
As I referred to in my first report, prosecutors wrote a letter to Jill Rabinowitz and her husband, saying “a psychologist who examined Mr. Lucas … believes (he) 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.” Jill Rabinowitz and her husband were counting on that letter, and were stunned when they heard Lucas was getting out. Chief Assistant District Attorney Russ Giuntini explains the letter away by saying medicines are better today than they were four years ago, and that was the psychologist’s best estimate. But, the psychologist tells the I-Team he never told prosecutors that Lucas would remain in the system so long -- that the letter was a mistake.
I’ll leave you with one fact the psychologist revealed in court during his September appearance – 50% of patients who go to transitional release centers such as Northstar in Sacramento County or Southpoint in San Diego County (the one where Lucas is headed) wind up back in the hospital. The psychologist also hedged his prediction for Jerry Lucas’ success outside Napa State Hospital: “I’m reasonably satisfied Mr. Lucas will probably do okay.”




this is an absolute outrage. there is no guarantee that this man will continue to take his medication, and what he is capable of without it is quite clear - attempted murder. Of course people may find comfort in the fact that he is not cold blooded and is instead, ill, but that does not change the reality for his victim, or the potential that he will have future victims.
Posted by: kristi | November 05, 2007 at 08:33 PM
"Not Guilty by reason of Insanity" should be replaced with "GUILTY by reason of Insanity" and once they are "sane enough" to be released from Napa State Hospital they should go to Prison for the remainder of what the original term should have been.
There is no question that they did it, just whether they were sane at the time. In my mind, by definition no violent criminal is sane or they wouldn't commit the crime.
Posted by: Scott Hutchinson | November 05, 2007 at 09:05 PM
This is a tragedy and the reason the liberals keep getting more conservative.
Didn't they learn anything from the recent stabbing of a teenager by a formerly incarcerated, mentally ill man with bi-polar disorder?
This makes me disheartend...no sick and fearful
Posted by: Tiffany Delloue | November 10, 2007 at 05:50 PM